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HomeMy WebLinkAbout06-02-14 RegularW W Harry E. Rediger, Mayor Joseph Uzoaru, Ward 1 Shelly Moore, Ward 2 Patrick Koetting, Ward 3 Loretta Schneider, Ward 4 Mark Lanzotti, Ward 5 Wayne Bowen, Ward 6 June 2, 2014 Study Session 5:00 PM Items for Discussion • Planning and Zoning Commission Report • Tangible Results Report - Informed and Participating Public • Appearances regarding items not on the agenda • Agenda review No action will be taken during the study session Closed Session Items for Discussion City Council Chambers City Hall 401 Independence Cablecast on: City Public Access Channel 993 www.cityofcapegirardeau.org • Legal actions and litigation, confidential communications with legal counsel, and property acquisition, pursuant to RSMo. Sections 610.021 (1) and (2). 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). Regular Session 7:00 PM Invocation John McGowan, Love INC International of Cape Girardeau Pledge of Allegiance Call to Order/Roll Call Adoption of the Agenda Presentations • Dad's Fest Day Proclamation • Alzheimer's Disease and Brain Awareness Month Proclamation Communications/Reports • City Council • City Manager Public Hearings 1. A public hearing to consider the proposed annual operating budget for the City of Cape Girardeau, Missouri, for the fiscal year beginning July1. 2014. (Agenda Item No. 18: BILL NO. 14-81) 2. A public hearing to consider a request to rezone property at Silver Springs Road and Pioneer Drive from R-1 (Single -Family Suburban Residential District) and RMH (Residential Manufactured Home District) to C-2 (Highway Commercial District). (Agenda Item No. 22: BILL NO. 14-88) Item No. 23: BILL NO. 14-89) 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. • Items listed on the agenda 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. 4. Approval of the May 19, 2014, City Council regular and closed sessions meeting minutes and of the May 27, 2014, City Council special session meeting minutes. 5. BILL NO. 14-66, an Ordinance accepting Permanent Drainage, Sanitary Sewer, and Water Line Easements from Brandon O. Williams Development, LLC, for property located on Perryville Road, in the City of Cape Girardeau, Missouri. Second and Third Readings. 6. BILL NO. 14-69, an Ordinance appropriating monies for operating expenditures from the Convention and Tourism Fund for the fiscal year ending June 30. 2014, in the City of Cape Girardeau, Missouri. Second and Third Readings. 7. BILL NO. 14-72, an Ordinance authorizing the issuance of a Special Tax Bill for the property located at 1513 Sylvan Lane, for the abatement of a nuisance under the provisions of Chapter 13 of the Code of Ordinances of the City of Cape Girardeau. Second and Third Readings. 8. BILL NO. 14-73, an Ordinance authorizing the City Manager to execute a Transportation Planning Consolidated Grant Agreement with the Missouri Highways and Transportation Commission, for Southeast Metropolitan Planning Organization expenses. Second and Third Readings. 9. BILL NO. 14-74, an Ordinance approving the record plat of Cape West Village Third Subdivision. Second and Third Readings. 10. BILL NO. 14-75, an Ordinance approving the record plat of Maschmann Subdivision. Second and Third Readings. 11. BILL NO. 14-76, an Ordinance approving the record plat of Humphrey Subdivision. Second and Third Readings. 12. BILL NO. 14-77, an Ordinance approving the record plat of Resubdivision of Lot 20 & Common Ground of Baldwin Place Phase IL Second and Third Readings. 13. BILL NO. 14-78, an Ordinance approving the record plat of Williamsburg Phase 1. Second and Third Readings. 14. BILL NO. 14-83, a Resolution authorizing the City Manager to execute a Contract for Services between the City of Cape Girardeau. Missouri, and Old Town Cape, Inc. Reading and Passage. 15. BILL NO. 14-84, a Resolution authorizing the City Manager to execute a Third Addendum to the Professional Service Agreement with Alliance Water Resources. Inc., for operation of the City of Cane Girardeau's Water System. Reading and Passage. 16. BILL NO. 14-87, a Resolution authorizing the City Manager to execute an Agricultural Lease Agreement with Ryland Memproperty located on LaSalle Avenue in the City of Cape Girardeau, Missouri. Reading and Passage. 17. BILL NO. 14-91, a Resolution authorizingapplication to the U.S. Department of Justice, for the 2014 COPS Hiring Program Grant, and authorizing the City Manager to execute all necessary grant program documents. Reading and Passage. Items Removed from Consent Agenda New Ordinances 18. BILL NO. 14-81. an Ordinance adontine the annual oneratine budget for the Citv of Cane Girardeau Missouri, for the fiscal year beginning July1. 2014. First Reading. 19. BILL NO. 14-82, an Ordinance appropriating additional monies for operating expenditures from the Convention and Tourism Fund for the fiscal year ending June 30. 2014, in the City of Cape Girardeau, Missouri. First Reading. 20. BILL NO. 14-85, an Ordinance accepting a General Warranty Deed from Carlos Ratliff and Emmagene Ratliff for property located at 1800 Perryville Road. First Reading. 21. BILL NO. 14-86, an Ordinance authorizing the City Manager to execute a contract with the Cape Girardeau County Transit Authorityprovide fixed route bus service for the City of Cape Girardeau during the fiscal year ending June 30, 2015. First Reading. 22. BILL NO. 14-88, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau. Missouri, by changing the zoning of property located at Silver Springs Road and Pioneer Drive, in the City and County of Cape Girardeau. Missouri, from R-1 and RMH to C-2. First Reading. 23. BILL NO. 14-89, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau. Missouri, by changing the zoning of 1668 Helmsdale Drive, in the City and County of Cape Girardeau. Missouri, from R-1 to R-2. First Reading, 24. BILL NO. 14-90, an Ordinance accepting Permanent Drainage Easements and Temporary Construction Easements from various property owners, for the Melrose Drainage Improvement Project, in the City of Cape Girardeau, Missouri. First Reading. Appointments 25. Appointments to the Board of Appeals Other Business Meeting Adjournment Memos • Appointments to the Public Library Board of Directors Advisory Board Minutes • Chamber of Commerce Board, May6. 2014 Girardeau Goes Green Advisory Board, May 13, 2014 SEMPO Board, April 23. 2014 Staff: Agenda: 6/2/2014 ATTACHMENTS: Name: ❑ Dads Fest 06-02-14.doc Description: Dad Fest Proclamation rk l � r v proclamation W hereas 1 each year on the third Sunday of June, a day has been set aside for the honoring and celebration of Fathers; and W hereas I a Father's role in the Family is one of protection, husbandry, role modeling, providing, giving guidance, teaching responsibility and to be a leader in the family structure, to name only a few; and W hereas, the Role of the Father within the family structure has been in decline in recent years and there is need of restoring the place of Fathers in the Family by edifying and honoring all Father's and rewarding exceptional men in our church and community, and a gathering called Dad's Fest has been created; and W hereaS I Dad's Fest is sponsored by the Lighthouse Breakthrough International Ministries and will take place at Capaha Park in Cape Girardeau; and W hereas I activities at Dad's Fest will include the Marine Color Guard; honors to be given for Man of the Year, Legacy Award, Grace Award, and Business Man of the Year; special guests; prizes; food; music and games. OT r e, (B e It R esolved that r , Harry E. Re iger, Mayor of the City of Cape Girardeau, Missouri, do hereby proclaim June 15, 2014, as mead's Fest l ay in the City of Cape Girardeau, and I urge all citizens to celebrate Dad's Fest Day and to honor our nation's Fathers. In Witness �VFcereo I have hereunto set my and and caused to be affixed the Seal of the City of Cape Girardeau, Missouri, this 2nd day of ,June A.D., 201410 Harry Rediger, Mayor Staff: Gayle L. Conrad, Director of Agenda: Citizen Services/City Clerk 6/2/2014 SUBJECT Alzheimer's Disease and Brain Awareness Month Proclamation ATTACHMENTS: Name: Description: ❑ Alzheimers Month. 06-2014. doc Alzheimer's Proclamation G Q` 9L o m m r tA - � THE IINION v ti go (Proclamation WhereaS� Alzheimer's disease is the sixth - leading cause of death in the United States, and the only cause of death among the top 10 in the country that cannot be prevented, cured or even slowed; and Where million Americans are now living with Alzheimer's di aS Y sease, with over 110,000 of those residing in Missouri; and Wh ereas, with early detection and diagnosis, individuals and families can gain access to treatment medications, enroll in critical research trials, fully participate in planning for the future, and receive help and support from the Alzheimer's Association; and Wh ereas I the Alzheimer's Association is the world leader in Alzheimer's care, support and research and is working to raise funds and promote awareness to fight Alzheimer's disease and related disorders; and Wh ereaS 1 the Alzheimer's Association is inviting all faith congregations, on the weekend of June 6 -8, 2014, to participate in its Go Purple Awareness event in an effort to educate its congregants on the programs and services available in our community for those affected by this disease; and Wh ereas, on June 21, the summer solstice, the Alzheimer's Association is sponsoring The Longest Day event, where teams will come together for a full day to honor the strength, passion and endurance of those facing Alzheimer's and to raise money for research; and Wh ereas� the Alzheimer's Association is encouraging residents to participate in the 2014 Walk to End Alzheimer's to be held on Saturday, September 13 9 a.m., at Cape County Park North, by starting a team, joining a team, volunteering or donating time, talent and treasures to this great cause; and WhiOre e City Council of the City of Cape Girardeau wishes to show its support for the goals and work of the Alzheimer's Association by encouraging learning about Alzheimer's and taking action to end Alzheimer's. �0 ZV ere , e It eso ve that r , Harry E. Rediger, Mayor of the City of Cape Girardeau, Missouri, and on behalf of the City Council, do hereby proclaim the month of June, 2014, as <3rczin A7,vdreness �Vl onth In Witness ereo I have hereunto set my hand and caused to be affixed the Seal of the City of Cape Girardeau, Missouri, this 2nd day of ,dune Harry E. Re i*ger, Mayor Staff: John Richbourg, Finance Director Agenda: 6/2/2014 Yn131DEN l Public hearing to receive public input regarding the proposed operating budget for the fiscal year ending June 30, 2015. W14 K41,11110 W Wand ILI all OEM The City Charter requires that a public hearing regarding the proposed city budget be held each year before the budget is adopted. This hearing will be held at the June 2 City Council meeting. Council will be asked to approve the first reading of the budget ordinance after the public hearing has been held. BACKGROUND/DISCUSSION All material items included in this proposed budget have previously been discussed with you at the Council Retreat. The proposed budget maintains the same property tax levy as the current year and includes no increases in sewer, water, and solid waste fees. This budget includes increases to various charges at the municipal golf course. These charges are identified on page 309 of this budget. The property tax levy will be adopted in August after a public hearing has been held. STAFF RECOMMENDATION Staff recommends that Council conduct a public hearing to receive input regarding the proposed operating budget for the fiscal year ending June 30, 2014. Any changes you desire to make to the budget should be specifically agreed to at this meeting or no later than the June 16 City Council meeting when you give final readings to the budget ordinance. PUBLIC OUTREACH The 2014-2015 Proposed Operating Budget has been available since the City Council retreat on the City's web page at http://www.ci ofcapeegirardeau.org/CityHall/Cape-Girardeau-Finance.aspx. It is also available for review in the City Clerk's office. ATTACHMENTS: Name: 0 2014-2015.annual-budget.proposed.pT Description: 2014-2015 Proposed Operating Budget Staff: Ryan Shrimplin, AICP - City Agenda: Planner 6/2/2014 SUBJECT A public hearing to consider a request to rezone property at Silver Springs Road and Pioneer Drive from R-1 (Single -Family Suburban Residential District) and RMH (Residential Manufactured Home District) to C-2 (Highway Commercial District). EXECUTIVE SUMMARY A public hearing is on this agenda to consider a request to rezone two areas at Silver Springs Road and Pioneer Drive. An ordinance approving the rezoning is on this agenda as a separate item. BACKGROUND/DISCUSSION An application has been submitted to rezone two areas adjacent to the Pioneer Mobile Home Court, located between Shawnee Parkway, Silver Springs Road, and Pioneer Drive. One of the areas is zoned R-1 (Single - Family Suburban Residential) and the other area is zoned RMH (Residential Manufactured Home). The applicant is requesting that both areas be rezoned to C-2 (Highway Commercial). The immediately surrounding properties are zoned C-2 (Highway Commercial) between the two areas to be rezoned, R-4 (Medium Density Multifamily Residential) to the north, RMH (Residential Manufactured Home) to the southeast, and R-1 (Single -Family Suburban Residential) to the southwest. This area is characterized by mobile home parks, single-family and multifamily residential uses, commercial uses, and undeveloped land. The Comprehensive Plan's Future Land Use and Infrastructure Map shows this area as Mixed Use. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS In considering a rezoning request, the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended rezoning the two areas to the C-1 (General Commercial) district instead of C-2. See attached staff report for more information. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing on May 14, 2014 and recommended rezoning both areas to C-2 by a vote of 8 in favor, 0 in opposition, and 0 abstaining. Although no one appeared at the public hearing, staff did receive a phone call from a resident of the adjacent mobile home park, who claimed that several of the residents are opposed to the proposed rezoning, primarily due to traffic concerns. See attached email for more information. PUBLIC OUTREACH The City Council's public hearing was advertised in the Southeast Missourian on May 18, 2014. In addition, a sign containing the date, time, location, and subject of the public hearing was posted on the property. ATTACHMENTS: Name: ❑ Staff Review -Referral -Action Form.pdf ❑ Application - REZ - Intersection of Silver Springs Rd Pioneer Dr..pdf ❑ Map - Silver Spring Rd -Pioneer_ Drive_ Aerial_Zoningpdf ❑ Map - Silver Spring Rd -Pioneer_ Drive_FLU.pdf ❑ Staff Report P Z Rezonina Silver Somas Rd Pioneer Dr.Ddf ❑ Email re Anonymous Resident Opposition.pdf ❑ Zoning_Mai) - Silver Springs Pioneer_ Drive_Area.pdf ❑ RR-1Tpdf ❑ RMH.pdf ❑ C-2.pdf ❑ CC-1.pdf Description: Silver Springs & Pioneer- Staff RRA Form Silver Springs & Pioneer- Rezoning Application Silver Springs & Pioneer- Rezoning Map Silver Springs & Pioneer- FLU Map Silver Springs & Pioneer- P&Z Staff Report Email re Anonymous Resident Opposition Silver Springs & Pioneer- Zoomed out Map R-1 Zoning District Regulations RMH Zoning District Regulations C-2 Zoning District Regulations C-1 Zoning District Regulations CITY OF CAPE GIRARDEA U, MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application FILE NO. 1303 LOCATION: Silver S-Drinas Rd. & Pioneer Dr. STAFF VIEW COMMENTS: William Beggs has requested to rezone property at the intersection of Silver Springs Road and Pioneer Drive from the R-1 (Single-family Suburban Residential) District and the RMH (Residential Manufactured Home) District to the C-2 (Highway Commercial) District. SEE STAFF REPORT FOR FURTHER INFORMATION City Planner CO/ Date A, CityAtto jne�._ Date CITY MA GER REFERRAL TO THE PLANNING AND ZONING COMMISSION. - City Manag Date Planning & Zoning Commission Public Hearing Sign Posting Date: - 150 - q -14 Public Hearing Date: RECOMMENDED A CTION: Trae Bertrand Larry Dowdy Jeff Glenn Bill Hinckley Randy Kluge VOTE COUNT: CnUUFVTN- Favor Oppose J Ll Abstain U L] L) Ll F1 j L] Ef Ll L1 Favor Ralph Maxton Scott McClanahan Doug Spooler Tom Welch Oppose 05/14/14 Fa!yox Oppose Abstain Q Lj U U ae"', Ll Ll G' Abstain City Council Action Posting Dates: Sign Newspaper i 4i' - 14- Public Hearing Date: (�A � "l�-- Ordinance I't Reading. VOTE COUNT: Ordinance 2nd & 3 d Reading: I =1 ORDINANCE # Effective Datel 'z- REZONING I SPECIAL USE PERMIT APPLICATION C1 I Of CAPE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Property Address/Location Intersection of Silver Springs Road and Pioneer Drive Applicant (including Contact Name) Property Owner of Record (if other than Applicant) William Beggs I Pioneer Development and Orchard Company Mailing Address City, State, Zip Mailing Address City, State, Zip P.O. Box 230 Kelso, MO 63758 P.O. Box 230 Kelso, MO 63758 Telephone Email Telephone Email 573-275-1390 wmbeggs1960@yahoo.com 573-275-1390 wmbeggs1960@yahoo.com Type of Request: Rezoning, Special Use Permit, or Both (Attach additional owners information if necessary) Rezoning N/A Existing Zoning District Proposed Zoning District (Rezoning requests only) R1 and RMH C2 Legal description of property to be rezoned and/or upon which the special use is to be conducted Legal descriptions attached: Describe the proposed use of the property Property currently zoned RMH to be used for a mobile home display and sales facility. The area currently zoned R1 will by used for commercial development. Application continues on next page OFFICE USE ONLY Date Received 4-2A2 By Planning & Zoning Commission Recommendation City Council Final Action Date Date 1 File Number Revised 8/8/2012 Special Use Criteria (Special Use Permit requests only) Provide evidence that the proposed special use meets the criteria below. Attach additional sheets if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. 2) The proposed special use will not substantially increase fire hazards. 3) The proposed special use will not adversely affect the character of the neighborhood. 4) The proposed special use will not adversely affect the general welfare of the community. 5) The proposed special use will not overtax public utilities. ADDITIONAL ITEMS In addition to this application, the following items must be submitted: ✓ Application fee ($126.00 payable to City of Cape Girardeau) REQUIRED ✓ One (1) list of names and mailing addresses of adjoining property owners ✓ One (1) set of mailing envelopes, stamped and addressed to adjoining property owners One (1) full size copy of the recorded plat or a recent survey of the property One (1) full size site plan, drawn to an appropriate scale, depicting existing features to be removed, existing features to remain, and all proposed features such as: buildings and structures, paved areas, curbing, driveways, parking stalls, trash enclosures, fences, retaining walls, electrical transformers, power generators, light poles, landscaping areas, and freestanding signs (Planned Development rezonings and Special Use Permits only) ✓ One (1) reduced size (8-1/2" x 11") copy of the plat/survey (and site plan, if applicable) One (1) set of Planned Development documents (Planned Development rezonings only) CERTIFICATIONS I/we certify that I am/we are the Property Owner(s) of Record for the property described in this application. I/we understand and acknowledge that in addition to a rezoning and/or Special Use Permit, certain licenses and permits may be required in order to conduct the proposed use. I/we will ensure that all required licenses and permits are obtained prior to conducting the use and/or commencing work. I/we also understand that a use granted under a Special Use Permit must commence within twelve (12) months of the approval date or the permit will become void, unless an extension has been granted. fi a ar ^f s` P^ rF 6� Owner Signature Date Owner Signature Date I certify that I am an Agent authorized by the Property Owner(s) of Record to file this application on their behalf. A I01i ant Signature (if other than er) Date Revised 8/8/2012 LAND DESCRIPTIOR, - 3.1 ACRES R1 TO C2 A PART OF SURVEY NO. 174, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN CAPE GIRARDEAU COUNTY MISSOURI, DESCRIBED AS FOLLOWS: Begin at centerline station 46+15.50 of Relocated Rte. 74, Thence South 070 33' 25" East, 240.78 feet and from centerline station 14+00 of Relocated Silver Springs Road, Thence North 730 10' 22" East, 58.36 feet to the Point of Beginning; Thence North 720 53' 25" East, 132. 58 feet to a point; Thence North 610 52' 17" East, 4.31 feet to a point; Thence South 240 50' 02" East, 294.66 feet to a point; Thence South 710 34'45" East, 39.82 feet to a point; Thence South 530 30' 24" East, 50.03 feet to a point; Thence South 530 30' 33" East, 35.41 feet to a point; Thence South 490 21' 55" E7 105.95 feet to a point; Thence South 690 09' 24" East, 69.52 feet to a point; Thence South 370 05' 21 " East 48.30 feet to a point; Thence South 060 28' 08" West, 50.00 feet to a point; Thence North 830 28' 05" West, 165.51 feet to a point; Thence South 000 48' 37" East, 114.03 feet to a point; Thence South 200 39' 34" East, 130.22 feet to a point; Thence South 020 11'42" East, 88.19 feet to a point; Thence South 020 27'49" East, 79.00 feet to a point; Thence North 89' 18' 56" West, 16.18 feet to a point; Thence North 000 02' 51" West, 74.40 feet to a point; Thence 368.50 feet along a curve to the left with a radius of 327.00 feet; Thence 162.10 feet along a curve to the right with a radius 223.00 feet; Thence North 170 43'26" West, 193.20 feet to a point; Thence North 140 58' 22" West, 193.14 feet to the Point of Beginning, containing 3.1 acres, more or less. ALSO: LAND DESCRIPTION - 3.925 ACRES RMH TO C2 A PARCEL OF LAND BEING PART OF U.S.P. SURVEY #174, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Commence at an Iron Pipe at the Northeast Corner of said U.S.P. Survey #174; Thence N 820 51' 56" W, along the North Line thereof, a distance of 648.53 feet to a point on the Southerly Right of Way Line of Missouri State Highway #74 and the Point of Beginning, Thence departing from said Right of Way, S 040 32'28" W, a distance of 152.89 feet to a Y2" Iron Rod; Thence S 830 29' 57 7) W, a distance of 131.27 feet to a Y2" Iron Rod; Thence S 060 02' 21 " W, a distance of 233.05 feet to a Y2" Iron Rod; Thence N 880 2422" W, a distance of 352.78 feet to a Y2" Iron Rod; Thence N 060 14' 17" E, a distance of 450.81 feet to a Y2" Iron Rod on said Southerly Right of Way; Thence S 820 51'56" E, along said Right of Way a distance of 474.39 feet to the Point of Beginning. Containing 3.983 acres, more or less, in Cape Girardeau County, Missouri. As per Survey by Scott A. Richards, Professional Land Surveyor #2359, dated April of 2014. Subject to existing Easements of Record if any. Rebel Group LLC • • •• .• Girardeau, MO 63702 Southeast Missouri Hospital Associatio 1401 Lacey Street .• •- MO • William • Diane Beggs • Box 230 Kelso, • 63758 Sharon Naughton 310 N. Walnut Kennett, MO 63857 Warren S. Hastings P.O. Box 215 Cape Girardeau, MO 63702 Jerry D. Clubb 428 Silver Springs Road Cape Girardeau, MO 63703 William W. Beggs P.O. Box 230 Kelso, MO 63758 Lutheran Home for the Aged 2825 Bloomfield Road Cape Girardeau, MO 63701 r K a - y v i t „ s r • r 9 , „ v " Ok L M � a3 for �" �• ��ir d y ,n v ' r K a - y v i t „ s r • r 9 , „ v " Ok Date: 07-28-2003 Title: qr-nip.- 1 inch - 180 feet I File: 3 + acres frOM GtY,des 134921 Sq Feet: Closure = n66.1609e 2.21 Feet: Precision =1/1091. Perimeter = 2415 Feet Tract 1: 3.097 Acre 1 Q r% rlxxf 1618 001=/N73,1022E 58.35 Beg 002=N72.5325E 132-58 003=N61.5217E 4.31 004-.524.5002E24.5002E 294.66 005=S71.3445E 39-82 006=S53.3024E 50.03 007=553.3033E 35.41 008=549.2155E 105.95 009=S69,0924E 69.52 010=S37,0521E 48.30 01 I=SO6.2808W 50 012=N83.2805W 165.51 013=S00.4837E 114.03 014=520.3934E 130-22 015=S02.1142F, 88.19 016=SO2.2749F, 79 1-*f..T VI0 6 018=N00.025lW74.40 019: Lt, R=327, Arc --368.50 020- Rt, R=223, Arc= 162. LO 021=N17.4326W 193.30 022=N14.5822W 193.14 Beg PARENT PARCEL IS: PIONEER DEVELOPMENTFOR: WILLIAM BEGGS AND ORCHARD, LOCATED IN BOOK #311, ATPLAT OF SUR' V MOM lay" CAPE GIRARDEAU, MISSOURI PAGE #305 OF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI. DESCRIPTION A PARCEL of LAND 15EING PART OF U.5.1'. 5URVEY # 1 74, TOWN51-IIP 30 NORTI15 RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, 5AID PARCEL BEING MORE PARTICULARLY DE5CR15ED BY METE5 AND BOUND5 A5 FOLLOW5: COMMENCE at an Iron Pipe at the Northeast Corner of Said U.5. P. 5urvey # 174; thence N.82'5 150W., along the North Line thereof, a dl5tance of 08.53 feet to a Point on the 5outherly Right -of -Way Line of MI550url 5tate Highway #74 and the POINT Of BEGINNING; thence departing from Said Dight -of -Way, 5.04°32'28"W., a d15tance of 152.89 feet to a 112" Iron Rod; thence 5.83'29'57"W., a distance of 13 1.27 feet to a 112" Iron Rod; thence 5.0G'02'2 I '"W., a distance of 233.05 feet to a 112" Iron Rod; thence N.88°24'22"W., a distance of 352.78 feet to a 112" Iron Prod; thence N,OC° 14' 17"ff,, a dl5tance of 450.8 I feet to a 112" Iron Rod on Said 5outherly Right -of -Way; thence 5.82°5 15G"E., along Said Right -of -Way, a d,i5tance of 474.39 feet to the POINT Of BEGINNING. Containing 3.983 acres, more or less, in Cape Girardeau County, M1550uri, A5 per 5urvey by Scott A. Richards, Profe55ional Land 5urveyor #23.59, dated April of 2014. Subject to existing Ea5ement5 of Record If any. GRAPHIC SCALE 80 0 40 EQ rtB0 330 1M FEE URBAN SURVEY 1 inch 80 ft. 1 REVISED LEGAL AND ACREAGE KKS 4-18-2014 � WILLIAM BEGGS KKS ` SAR CAPE GIRARDEAU COUNTY, MO. 1 "=80` 4-04-2014 CA, SURVEY OF 3.925 AC, R1403042 1 OF 1 FILE FOR RECORD THIS _____ DAY OF 2014 IN THE OFFICE OF THE RECORDER OF DEEDS IN CAPE GIRARDEAU COUNTY AT JACKSON, MISSOURI, DOCUMENT NO, ____..._�____. SCOTTlR. CLARK, RECORDER OF DEEDS 4 b4d6ddt1/n t 7 i) � I'VE /,Ss �Af� 3 4 Jr a PI��T_ �TATt UNE OF t jG"�AI Y #74 POINT OF BEGINNING 474.39, LU,5,P.3 � ao NS��` 5EE PRIOR 5URVtY 5Y F, L. 4. EXISTING RIGi1T-OF-VVAY� � FENCE `�8,,�` SET 1/2" IRON 645 53'—'"'"----• #2.359, DATED I l - 15-20 13, 4 RODT1 88H FT. �'� �.`+ OT TO SCALE) ON - ao cv U.SI ,p # t 74 N (11\40W OR FORMERLY) POINT OF COMMENCEMENT WILLIAtA BEGG5 TR.U5T ►i-' THE NOS', HEA5T CORNER OF 84® #108 1 y PAGE #73•�3 U,S.P. SUiEY # 174, To�h�tJSf�,IP � 131.2?. R.AI° t C E 13 EAST OF 3�J NOR 3 I-1, N PAST OF U.Q.P. Ju�vEi� I ��. „ 58Y29 57 THE FiFTH PRI;�OPAL MERIDIAN. TOWNSHIP 30 NORTH, RANGE 13 ('i`OLrND i;Oh! PIPE) � o� EA,5T OF THE FIFTH PRINCIPAL MERIDIAN � C, I� � M +' Q R n N '6 i. tt? ?' Ca LEGEND (TYPICAL) _ 352.78` _ N88'24'22"W I* SET 1/2" ROD AND KAP FOUND IRON ROD (MOV+;` OR FORMERL)) FOUND IRON PIPE FOUND STONE PIONEER DEVELOPMENT f ©PIvIE'VT f NJ 0 CALCULATED CORNER POSITION ORCHARD FOUND "T" METAL FENCE POST BuC};<,3 ( 1. PAGE #305 EXISTING FENCE INTERSECTION REFERENCES STONE CAIRN TREED ' EXISTING FENCE LINE AS NOTED QN This is to certify that 1, a Missouri Lund Surveyor, have surveyed the property described in the above caption as shown z by the annexed Plat, which Survey is true and correct and was E2 executed to the best of my ability, in conformance with the current Minimum Standards for Property Boundary Surveys In the z State of Missouri. Given under my hand and seal at Cape Girardeau, co 0 da Missouri this 4th day of April, A.D. 2014. � MISSOURI LAND SURVEYOR NO. 2359^ _ GRAPHIC SCALE 80 0 40 EQ rtB0 330 1M FEE URBAN SURVEY 1 inch 80 ft. 1 REVISED LEGAL AND ACREAGE KKS 4-18-2014 � WILLIAM BEGGS KKS ` SAR CAPE GIRARDEAU COUNTY, MO. 1 "=80` 4-04-2014 CA, SURVEY OF 3.925 AC, R1403042 1 OF 1 FILE FOR RECORD THIS _____ DAY OF 2014 IN THE OFFICE OF THE RECORDER OF DEEDS IN CAPE GIRARDEAU COUNTY AT JACKSON, MISSOURI, DOCUMENT NO, ____..._�____. SCOTTlR. CLARK, RECORDER OF DEEDS 4 b4d6ddt1/n t 7 i) � I'VE /,Ss �Af� 3 4 Jr a Rezoning Request - Silver Springs Road & Pioneer Drive Rezoning Request - Silver Springs Road & Pioneer Drive Requested Rezoning: from R-1 (Single -Family Suburban Residential) District and 428 RMH (Residential Manufactured Home) District to C-2 (Highway Commercial) District. Future Land Use Recommendation: Mixed Use Qat ee 5.aa 100 200 400 Fee 825 City of Cape Girardeau Division of Planning Services GIS Data April 30, 2014 Legend OAreas to be rezoned Parcels A]k WANEK0 � M PJ D EVEL' :NT S 1 :R''00 "IC[S STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner DATE: May 14, 2014 SUBJECT: Rezoning — Intersection of Silver Springs Road &Pioneer Drive An application has been submitted to rezone two areas adjacent to the Pioneer Mobile Home Court, located between Shawnee Parkway, Silver Springs Road, and Pioneer Drive. One of the areas is zoned RMH (Residential Manufactured Home District) and the other area is zoned R -1 (Single - Family Suburban Residential District). The applicant is requesting that both areas be rezoned to C-2 (Highway Commercial District). The immediately surrounding properties are zoned C-2 (Highway Commercial District) between the two areas to be rezoned, R -4 (Medium Density Multifamily Residential District) to the north, RMH (Residential Manufactured Home District) to the southeast, and R -1 (Single - Family Suburban Residential District) to the southwest. This area is characterized by mobile home parks, single - family and multifamily residential uses, commercial uses, and undeveloped land. The Comprehensive Plan's Future Land Use and Infrastructure Map shows this area as Mixed Use. In considering a rezoning request, the Planning and Zoning Commission must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. While both areas are adjacent to C-2 zoned property, staff does not support rezoning them to the C-2 district, primarily because it would be possible to obtain approval to install a billboard, which could have an adverse impact on the surrounding residential areas. Staff believes the C -1 district, which does not permit billboards, would be more appropriate for this area. Based on the above findings, City staff recommends rezoning both areas to C -1 (General Commercial District). 401 Independence St Cape Girardeau, IVIO 63703 573- 339 -6327 Tel 573- 339 -6303 Fax cityofcape.org Shrimplin, Ryan From: Shrimplin, Ryan Sent: Tuesday, May 13, 2014 4:33 PM To: 'Scott McClanahan' Cc: Peters, Carol Subject: Rezoning - Silver Springs & Pioneer Drive Attachments: Zoning Map - Silver Springs & Pioneer Drive Area. pdf Scott, I just received a call from a resident of the Pioneer Mobile Home Court. He explained that several of the residents are opposed to the proposed rezoning, but do not want to go on the record because the applicant is their landlord, and they are afraid of repercussions. He cited traffic as a major concern. He said the residents decided to buy their mobile homes and live there because it was somewhat secluded. Approval of the rezoning would change that. I have attached a zoning map that is zoomed out a bit further than what is shown on the map included in your packet. This provides a better picture of the zoning and land uses surrounding the entire mobile home park. We will provide a copy of this email and the attached map to each Commissioner at tomorrow's meeting. Ryan Shrimplin, AICP City Planner CITY of CAPE GIRARDEAU 401 Independence Street Cape Girardeau, MO 63703 (573) 339-6327 office (573) 339-6303 fax rshrimplin(o).citvofcapegirardeau. org The message included with this e-mail and any attached document(s) contain information from the City of Cape Girardeau. This information is intended to be for the use of the addressee named in this e-mail. If you are not the addressee, note that any disclosure, photocopying, distribution or use of the contents of this e-mail information is prohibited. If you have received this e-mail in error, please notify us immediately by telephone at (573) 339-6327. Thank you. 5/27/2014 JA I� ►C2 R�3 i R3 C2 ZR 3] R3 1 i R3 i R3R3 1H R3R3 I'I R3R3 i 1 i :1 �j, j R1 R1 j j R1 R4 I R1 R1 R4 R1 l § s l RRFR1IWIR1� R1 ''_4 �_ R1 RMH c� U) U _ -- -----SHAWNEE- - "!''r—r• R1 t, Sec. 30322. - R-1, single-family suburban residential district. (a) (b) (c) Purpose. The R-1 district is intended primarily for single-family detached dwellings with a maximum density of four (4) units per acre. It is designed to provide for quality single- family residential neighborhoods in a conventional subdivision setting, while encouraging a mix of housing styles, designs and development. Certain other structures and uses necessary to serve the area are allowed as permitted uses or through the approval of a special use permit, subject to restrictions intended to preserve and protect the single- family residential character of the district. Permitted uses. (1) Single-family detached dwelling, with only one (1) dwelling per lot. (2) Cluster subdivisions, as permitted in chapter 25 of the City Code. (9) Golf courses, this shall not include separate miniature golf courses, driving ranges and other similar activities operated as a business. Public parks, playgrounds, and recreational facilities. Police and fire stations. Elementary and middle schools, or development centers for elementary and middle school age children with handicaps or development disabilities, on a minimum of five (5) acres of land. Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and outdoor recreational facilities, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners association. Home for eight (8) or fewer unrelated mentally or physically handicapped persons, including no more than two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the handicapped persons residing in the home, provided that: a. The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood, and b. Such home shall not be located closer than three hundred seventy (370) feet to any other such home. A private residence licensed by the Missouri Division of Family Services or Missouri Department of Mental Health to provide foster care to one (1) or more, but less than seven (7), children who are unrelated to either foster parent by blood, marriage or adoption, provided that all applicable building and safety codes are met and an occupancy permit issued therefor. Permitted uses (accessory). (1) Private garages, carports and accessory buildings as permitted in section 30- 403, supplemental regulations. In home elderly care, with a maximum of three (3) persons as permitted in section 30-411, supplemental regulations. Home occupations, as permitted in section 30-405, supplemental regulations. Home day cares, with no more than four (4) unrelated children in a twenty-four (24) hour period as permitted in section 30-408, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. Special uses. (1) Home day cares, with five (5) or more unrelated children in a twenty-four (24) hour period, as permitted in section 30-408, supplemental regulations. (2) (f) Libraries, on a minimum of two (2) acres of land. Cemeteries, on a minimum of ten (10) acres of land. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Height, area, bulk and setback regulations. (1) Maximum Height: Two and one-half (2%) stories not to exceed thirty-five (35) feet. Minimum Lot Area: Ten thousand (10,000) square feet. Maximum Density. Four (4) units per one (1) acre. Higher densities may be approved with a cluster subdivision, as permitted in chapter 25 of the City Code. Minimum Lot Width: Eighty (80) feet. Minimum Yard Requirements: a. Front yard: Thirty (30) feet. b. c. Rear yard: Twenty-five (25) feet. Side yard: Six (6) feet. Parking requirements. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 4109, art. Z 31-10) Sec. 30328. - RMH, residential manufactured home district. (a) (b) (c) Purpose. The residential manufactured home district [RMH] is established to provide for the placement of manufactured homes in manufactured housing communities, at maximum residential densities of eight (8) units per acre. It is intended that such manufactured housing communities shall be so located, designed and improved as to provide: a desirable residential environment, protection from potentially adverse neighboring influences, protection for adjacent residential properties, principal access for vehicular traffic to collector or arterial streets, and accessibility to public facilities, places of employment and facilities for meeting commercial and service needs not met within the manufactured housing community. Certain other residential and supporting uses are also allowed in such district. Permitted uses. (1) Manufactured homes, including mobile homes, on subdivided individual building lots, with only one (1) home per lot. (2) Manufactured homes on rented lots. (3) (4) Police and fire stations. Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and outdoor recreational facilities, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners association. Permitted uses (accessory). (1) (e) Private garages, carports and accessory buildings as permitted in section 30- 403, supplemental regulations. One (1) single-family detached dwelling per each manufactured housing community. Home day cares, with not more than four (4) unrelated children, as permitted in section 30-408, supplemental regulations. Home occupations, as permitted in section 30-405, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. Special uses. (1) Additional single-family detached dwellings. (2) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. (3) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Height, area, bulk and setback requirements on subdivided individual lots. (1) Maximum Height: Two and one-half (2%) stories not to exceed thirty-five (35) feet. (2) Minimum Lot Area: Five thousand (5,000) square feet. (3) Minimum District Size: Ten (10) acres. (4) Maximum Density. Eight (8) units per acre. (5) Minimum Lot Width: Forty-five (45) feet. (6) Minimum Lot Depth: Seventy-five (75) feet. (7) Minimum Yard Requirements: a. Front yard: Twenty-five (25) feet. b. Rear yard: Twenty (20) feet. C. Side yard: Five (5) feet. (6) Maximum Building Coverage, including accessory building: Forty (40) percent. (9) Minimum Open Space: Twenty-five (25) percent of the total lot area shall be devoted to open space, including required yards and bufferyards. Height, area, bulk and setback requirements in manufactured housing development (mobile home park). (1) Maximum Height: Two and one-half (2%) stories not to exceed thirty-five (35) feet. (2) Minimum Lot Area: Three thousand four hundred (3,400) square feet. (3) Minimum District Size: Ten (10) acres. (4) Maximum Density. Eight (8) units per acre. (5) Minimum Lot Width: Forty-five (45) feet. (6) Minimum Lot Depth: Seventy-five (75) feet. (7) Maximum Building Coverage, including accessory building: Forty (40) percent. (9) Design requirements. (1) Subdivided lots and rented lots in a mobile home park. a. (2) a c. e. A site plan meeting the requirements of chapter 25 of the City Code shall be submitted and approved. 1. 2. There shall not be less than fifteen (15) feet between manufactured homes or any other buildings, other than accessory structures. Any improvements necessary on the lot for the support or anchoring of the manufactured home shall be provided prior to occupancy. The manufactured home shall be in compliance with Federal Manufactured Home Construction and Safety Standards, adopted June 15, 1976, as amended, and Missouri Public Service Commission rules. A minimum of twenty-four (24) inches of crawl space under the entire manufactured home shall be maintained. The unit shall be served by water, sewage disposal system, and electrical service in accordance with the International Plumbing Code and National Electric Code. Storage of maintenance or other equipment incidental to a permitted or special use shall be screened from view in accordance with chapter 25 of the City Code. Accessory buildings and structures shall meet the requirements of section 30-403, supplemental regulations. Subdivided lots, only. a. a c. Manufactured homes on individual subdivided lots shall be permanently installed on a properly designed, enclosed foundation in accordance with the International Building Code (IBC). All wheels, springs, axles, lights and towing apparatus shall be removed. Permanent steps on subdivided lots shall be set at all external exits with appropriate hand rails and/or guard rails. Parking spaces for each manufactured home shall be provided on each lot, as per chapter 25 of the City Code. (3) Rented lots in a mobile home park, only. a. a c. Skirting shall be placed around manufactured homes that are not placed on a permanent foundation. Such skirting shall be similar in appearance to materials used for the siding of the manufactured home to which it is to be attached. Refuse storage shall be screened from view in accordance with chapter 25 of the City Code. Two (2) parking spaces for each manufactured home shall be provided on each lot, however, one (1) of these two (2) required parking spaces may be located within one hundred (100) feet of the lot served. (h) Open space, landscaping and bufferyard requirements. (1) A minimum of twenty-five (25) percent of the total lot area shall be devoted to open space, including required yard and bufferyards. Landscaping shall be provided as required in chapter 25 of the City Code. A twenty -foot wide bufferyard shall be required adjacent to any property in any other zoning district. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking requirements. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 4109, art. 2, 3-1-10) ISec. 30334. - C-2, highway commercial district. (a) Purpose. The highway commercial district [C-2] is established to provide primarily for automobile-dependent uses in areas which are not amenable to easy pedestrian access and a comfortable pedestrian environment. This district is intended for commercial uses which depend upon high visibility, general high traffic volumes, or cater to the traveling public. It is expected that the highway commercial district will not only serve the City of Cape Girardeau, but interstate and intrastate travelers as well. These characteristics dictate that these districts be located along or at the intersections of arterial classification streets or along frontage roads adjacent to an interstate highway or other limited access roads. Because of the scale and access requirements of the uses in this category, they are generally associated with, or located along major transportation routes. (b) Permitted uses. (1) Vehicle fueling station, including service and repair. (2) Restaurants and bars, including drive-thru. (3) Hotels. (4) Public parks, playgrounds and recreational facilities. (5) Office, administrative, business, finance and professional. (6) Retail, including vehicle sales. (7) Health and fitness centers. (8) Funeral homes and moratoriums. (9) Medical facilities. (10) Police and fire stations. (11) Private institutions of higher education, (12) Nursing homes, senior citizen housing or retirement homes. (13) Commercial day cares. (14) Microbrewery. (15) Miniwarehouse or self-storage units. (16) Theaters. (17) Warehouses. (18) Banks and financial institutions, including drive-thru. (19) Veterinary clinics, animal hospitals and kennels. Residential treatment facilities. Transitional housing. Permitted uses (accessory). (1) Accessory buildings and uses customarily incidental to the above uses, as permitted in section 30-403, supplemental regulations. Helicopter landing pad, heliport or other landing area in relationship with medical facilities. Solar energy systems, as permitted in section 30-410, supplemental regulations. Outdoor storage of materials that are for sale. Special uses. (1) Automobile washing businesses, including automatic, coin-operated, moving - line facilities. (2) (e) The allowance of additional height, not to exceed a total of one hundred (100) feet, as long as additional height does not adversely affect surrounding neighborhood. Campground facilities and travel trailer parks. Commercial amusement park. Telecommunication tower, as permitted in section 30-404, supplemental regulations. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. Billboards, as permitted in Section 25-401. Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Height, area, bulk and setback requirements. (1) Maximum Height: Five (5) stories not to exceed sixty (60) feet. Buildings can exceed the maximum height and stories in the C-2 district upon a special use permit being granted. Minimum Lot Area: None. Minimum Lot Width: None. Maximum Density. None. (f) (g) (h) (6) Minimum Yard Requirements: a. D C. Front yard: Twenty-five (25) feet. Rear yard: None, except twenty-five (25) feet when abutting a residential district. Side yard: No side yard requirement for nonresidential buildings except that on a lot abutting a residential district there shall be a side yard of not less than twenty-five (25) feet on the side of the lot abutting the residential district. Maximum Building Coverage, including accessory buildings: Eighty (80) percent of the lot. Standards. (1) A site plan, meeting the requirements of chapter 25 of the City Code shall be submitted and approved. (2) All off-street parking lots and vehicular use areas shall be screened from all residential uses in accordance with chapter 25 of the City Code. (3) (4) Utilitarian areas such as loading docks, mechanical equipment, storage areas and dumpsters shall be located at the rear or side of the building and properly screened, as required in chapter 25 of the City Code. Lighting shall be designed to reflect away from any adjacent residential area, in accordance with chapter 25 of the City Code. Open space, landscaping and bufferyard requirements. (1) Open space: No minimum percentage required. (2) Landscaping shall be provided as required in chapter 25 of the City Code. (3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning district. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking regulations. Off-street parking and loading spaces shall be provided in accordance with specific uses set forth in section 25-202. (Ord. No. 4109, art. 2, 3-1-10) ISec. 30333. - C-1, general commercial district. (a) Purpose. The general commercial district [C-1] is to provide for the development of commercial enterprise that may be oriented toward the use of automobiles, in practice or in design. These uses should be destination retail and commercial spaces that provide essential retail and service businesses to the community and region, and that provide a diversified economy for the greater Cape Girardeau area. The height of buildings and uses should not adversely affect the adjacent neighborhood. (b) Permitted uses. (1) Offices: administrative, business, finance and professional. (2) Retail, not including vehicle sales. (3) Restaurants and bars, including drive-thru. (4) Health and fitness centers. (5) Public parks, playgrounds and recreational facilities. (6) Funeral homes and mortuaries. (7) Medical facilities. (6) Police and fire stations. (9) Private institutions of higher education. (10) Nursing homes, senior citizen housing, and retirement homes. (11) Commercial day cares. (12) Banks and financial institutions, including drive-thru. (13) Residential treatment facilities. (C) Permitted uses (accessory). (1) Accessory buildings and uses customarily incidental to the above uses, as permitted in section 30-403, supplemental regulations. (2) Helicopter landing pad, heliport or other landing area in relationship with medical facilities. (3) Solar energy systems, as permitted in section 30-410, supplemental regulations. (d) Special uses. (1) Vehicle washing businesses, including automatic, coin-operated, and moving - line facilities. (e) Vehicle fueling stations, including service and repair. Hotels. The allowance of additional height, not to exceed a total height of sixty (60) feet, as long as the additional height does not adversely affect the surrounding neighborhood. Mini warehouse or self -storage units. Transitional housing. Telecommunication tower, as permitted in section 30-404, supplemental regulations. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Standards (1) All storage of materials, products or equipment shall be within a fully enclosed building or in an open yard so screened that the materials, products or equipment are not visible from the street or any adjoining property. (2) The seasonal display of nursery stock and accessory landscaping decorations, seasonal decorations and decorative items shall be allowed, in accordance with the following provisions: a. (3) a Daily displays shall be set up only during normal business hours, except that overnight displays shall be allowed for seasonal merchandise. Long term storage of such products shall be prohibited. Displays shall not alter the structure of the building. Displays shall not be located within ten (10) feet of the primary entrance or exit. Displays shall be located wholly on privately owned property, with the owner's permission. Displays shall not impede pedestrian or vehicular access to the building or site. Displays shall be well -kept and orderly. (f) (g) (h) Utilitarian areas such as loading docks, mechanical equipment, storage areas and trash enclosures shall be located at the rear or side of the building and screened as required in chapter 25 of the City Code. Height, area, bulk and setback requirements. (1) (6) Maximum Height: Three (3) stories not to exceed forty (40) feet. Minimum Lot Area: None. Minimum Lot Width: None. Maximum Density. None. Minimum Yard Requirements: a. a C. Front yard: Twenty-five (25) feet. Rear yard: Twenty-five (25) feet. Side yard: No side yard requirement for nonresidential buildings except that on a lot abutting a residential district there shall be a side yard of not less than five (5) feet on the side of the lot abutting the residential district. Side yards for dwellings shall be not less than five (5) feet. Maximum Building Coverage, including accessory buildings: Fifty (50) percent of the lot. Open space, landscaping and bufferyard requirements. (1) Open space: No minimum percentage required. (2) Landscaping shall be provided as required in chapter 25 of the City Code. (3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. (Ord. No. 4109, art. 2, 3-1-10) Staff: Ryan Shrimplin, AICP - City Agenda: Planner 6/2/2014 SUBJECT A public hearing to consider a request to rezone property at 1668 Helmsdale Drive from R-1 (Single -Family Suburban Residential District) to R-2 (Single -Family Urban Residential District). EXECUTIVE SUMMARY A public hearing is on this agenda to consider a request to rezone the rear of 1668 Helmsdale Drive. An ordinance approving the rezoning is on this agenda as a separate item. BACKGROUND/DISCUSSION An application has been submitted to rezone the rear of 1668 Helmsdale Drive from R-1 (Single -Family Suburban Residential District) to R-2 (Single -Family Urban Residential District). The immediately surrounding properties are zoned R-2 (Single -Family Urban Residential District) to the east, west, and south, and R-1 (Single -Family Suburban Residential District) to the north. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS In considering a rezoning request, the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. The applicants recently filed a subdivision plat to combine their lot with a small tract conveyed to them by the Dalhousie Homeowners Association. The lot is zoned R-2 and the tract is zoned R-1. Because the tract is being combined with the lot per the subdivision plat, the applicants wish to have their expanded lot under a single zoning district. The proposed zoning district will eliminate the split zoning condition on the lot, and is consistent with the zoning of the surrounding lots. As such, the rezoning request is reasonable and in reasonable conformity with the surrounding properties. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the rezoning request. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing on May 14, 2014 and recommended approval of the rezoning request by a vote of 8 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City Council's public hearing was advertised in the Southeast Missourian on May 18, 2014. In addition, sign containing the date, time, location, and subject of the public hearing was posted on the property. ATTACHMENTS: Name: Description: 0 Staff Review -Referral -Action Form.pdf 1668 Helmsdale Dr - Staff RRA Form ❑ Application - 1668 Helmsdale Rezoning.pdf ❑ 1668 Helmsdale Drive_ Aerial_ Zoning_Map.pdf ❑ 1668 Helmsdale Drive FLU Map.pdf ❑ R-1.pdf ❑ R-2.pdf 1668 Helmsdale Dr- Rezoning Application 1668 Helmsdale Dr -Zoning Map 1668 Helmsdale Dr- FLU Map R-1 Zoning District Regulations R-2 Zoning District Regulations CITY OF CAPE GIRz4RDEA U , MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application MUMMMEKM LOCATION: 1668 Helmsdale Drive STAFF VIE COMMENTS: Dalhousie Home Owners Association,, Inc. has requested to rezone property at 1668 Helmsdale Drive from the R-1 (Single-family Suburban Residential) District to the R-2 (Single -Family Urban Residential) District. SEE STAFF REPORT FOR FURTHER INFORMATION ice.. E�� ; sf s��- City Planner Date Date `,---------P1anning & Zoning Commission Public Hearing Sign Posting Date: 5-r7-14- Public Hearing Date: RECOMMENDED ACTION. - Oppose Abstain Favor Oppose Abstain Trae Bertrand a'_ Ll U Larry Dowdy U010, L3 Ll Jeff Glenn L1 L) L3 Bill Hinckley Abstain ❑Lj La Randy Kluge VOTE COUNT® Favor COMMENTS: CITIZENS COMMENTING AT MEETING:. Ralph Maxton Scott McClanahan Doug Spooler Tom Welch Oppose 05/14/14 Favor Oppose Abstain LE(' La Ll d" L) Ll Ed La La 0� Ll Lj Abstain Yb Randy Kluge Planning & Zoning Commission Secretary City Council Action Posting Dates: Sign Newspaper Public Hearing Date: � � � s )� Ordinance Ist Reading........ Ordinance 2nd & 3rd Reading: VOTE COUNT: Favor Oppose ORDINANCE # Effective Datcl Abstain .......... REZONING SPECIAL USE PERMIT APPLICATION CITI& 4W Of k4o, F L k7 K f< U t U: DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Property Address/Location 1668 Helmsdale Drive, Cape Girardeau, Missouri Applicant (including Contact Name) Property Owner of Record (if other than Applicant) Dalhousie Home Owners Association, Inc. c/o: Aaron Dombrowski John Watson & Cynthia Watson Mailing Address City, State, Zip Mailing Address City, State, Zip P.O. Box 1149 Cape Girardeau/MO/63701 1668 Helmsdale Drive, Cape G I Cape Girardeau/MO/63701 Telephone Email Telephone Email (573) 382-9011 aarond@dalhousiegolfclub.com Type of Request: Rezoning., Special Use Permit, or Both (Attach additional owners information if necessary) Rezoning Existing Zoning District Proposed Zoning District (Rezoning requests only) R1 R2 Legal description of property to be rezoned and/or upon which the special use is to be conducted See attached... Describe the proposed use of the property The area on the attached exhibit is to be rezoned to R-2, Single -Family Urban Residential District. The existing property's rear line was extended back to allow for the construction of a new deck out the rear of the house. The new area shown on the attached exhibit needs to be rezoned to the same zone as the subject property. OFFICE USE ONLY Date Received f 7'_ Planning& Zoning Commission Recommendation City Council Final Action Application continues on next page By 0 o File Number Date Date Revised 8/8/2012 I q Special Use Criteria (Special Use Permit requests only) Provide evidence that the proposed special use meets the criteria below. Attach additional sheets if necessary, 1) The proposed special use will not substantially increase traffic hazards or congestion. 2) The proposed special use will not substantially increase fire hazards, 3) The proposed special use will not adversely affect the character of the neighborhood. 4) The proposed special use will not adversely affect the general welfare of the. community, 5) The proposed special use will not overtax public utilities. ADDITIONAL ITEMS. in addition to this application, the following items must be submitted: REQUIRED V' Application fee ($126.00 payable to City of Cape Girardeau) . *4 One (1) list of names and mailing addresses of adjoining property owners One (1) set of mailing envelopes, stamped and addressed to adjoining property owners One (1) full size copy of the recorded plat or a recent survey of the property One (1) full size site plan, drawn to an appropriate -scale, depicting existing features to be removed, existing features to remain, and all proposed features such as: buildings and structures, paved areas, curbing, driveways, parking stalls, trash enclosures, fences, retaining walls, electrical transformers, power generators, light poles, landscaping areas, and freestanding signs (Planned Development rezonings and Special Use Permits only) one (1) reduced size (8-1/2" x 11") copy of the plat/sur'vey (and site plan, if applicable) One (1) set of Planned Development documents (Planned Development rezonings only) I/we certify that I am/we are the Property Owner(s) of Record for the property described in this application. I/we understand and acknowledgethatin addition to a rezoning and/or Special Use Permit, certain licenses and permits may be required in order to conduct the proposed use. I/we will ensure that all required licenses and permits are obtained prior to conducting the use and/or commencing Work. I/we also understand that a use granted under a Special Use Permit must commence within twelve*(12) m.onths of the.approval date or the permit will become void, unless an extension has been granted, ----------- Owner Signature Owner Signature Date Date I certify that I am an Agent authorized by tb, o`pert gwnec(s). of Record to file this application on their behalf. -AIVIlcant.Signature (if other than Owner) Date Revised 8/8/2.012 l. Dalhousie Home Owners Association, Inc. 1GSouth Silver Springs Road Cape Girardeau, MO 63703 2. AJbert& Cynthia Underwood 2674Helmsdale Drive Cape Girardeau., MO 63701 3. EEDDeve|opmentLLC Cape Girardeau, MO 63701 KE MO)"EHLER ENGINEERINGLAND SURVEYING, INC. 194 COKER LANE CAPE GIRARDEAU, MO 63701 PH: (573) 335-3026 FX: (573) 335-3049 THAT PART OF LOT P18 OF THE LOCH AT DALHOUSIE -CORRECTED AMENDED AND THAT PART OF U.S. P.S. 3139 BEING IN TOWNSHIP THIRTY (30) NORTH, RANGE THIRTEEN (13) EAST, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHERNMOST CORNER OF SAID LOT P18, SAID CORNER BEING ON THE NORTH RIGHT OF WAY LINE OF HELMSDALE DRIVE; THENCE NORTH 44044'30" EAST, 106.13 FEET TO THE POINT OF BEGINNING; THENCE NORTH 56000'40" WEST, 122.04 FEET; THENCE NORTH 1449129" EAST, 7.29 FEET; THENCE SOUTH 6142'46" EAST, 128.81 FEET; THENCE SOUTH 44044'30" WEST, 20.04 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.038 ACRES, MORE OR LESS, BEING SUBJECT TO ANY RIGHT OF WAYS OR EASEMENTS OF RECORD, AS SHOWN ON THE ACCOMPANYING PLAT. R2 Rezoning Request -1668 Helmsdale Drive 1580 R2 Requested Rezoning: from R-1 (Single -Family Suburban Residential) District to R2 R-2 (Single -Family Urban Residential) District. Future Land Use Recommendation: Parks & Recreation 1536 R2 HelMsaale D, R2 R2 3,68 R2 i 1674 R2 R2 City of Cape Girardeau S Division of Planning Servic 35 70 140 Fee GIS Data April 14, 2014 1519 R2 \ R2 r 1522 R2 Legend OArea to be Rezoned Parcels Zoning District R1 R2 1580 1644 1661 N W E S Rezoning Request -1668 Helmsdale Drive Requested Rezoning: 'rom R-1 (Single -Family Suburban Residential) District to R-2 (Single -Family Urban Residential) District. Future Land Use Recommendation: Parks & Recreation '*Msdale Dr 1652 1671 1660 1668 1685 City of Cape Girardeau Division of Planning Services GIS Data April 14, 2014 1536 1674 1519 1522 Legend OArea to be Rezoned Parcels FLU Recommendation Low Density Residential Medium Density Residential Parks and Recreation Sec. 30322. - R-1, single-family suburban residential district. (a) (b) (c) Purpose. The R-1 district is intended primarily for single-family detached dwellings with a maximum density of four (4) units per acre. It is designed to provide for quality single- family residential neighborhoods in a conventional subdivision setting, while encouraging a mix of housing styles, designs and development. Certain other structures and uses necessary to serve the area are allowed as permitted uses or through the approval of a special use permit, subject to restrictions intended to preserve and protect the single- family residential character of the district. Permitted uses. (1) Single-family detached dwelling, with only one (1) dwelling per lot. (2) Cluster subdivisions, as permitted in chapter 25 of the City Code. (9) Golf courses, this shall not include separate miniature golf courses, driving ranges and other similar activities operated as a business. Public parks, playgrounds, and recreational facilities. Police and fire stations. Elementary and middle schools, or development centers for elementary and middle school age children with handicaps or development disabilities, on a minimum of five (5) acres of land. Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and outdoor recreational facilities, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners association. Home for eight (8) or fewer unrelated mentally or physically handicapped persons, including no more than two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the handicapped persons residing in the home, provided that: a. The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood, and b. Such home shall not be located closer than three hundred seventy (370) feet to any other such home. A private residence licensed by the Missouri Division of Family Services or Missouri Department of Mental Health to provide foster care to one (1) or more, but less than seven (7), children who are unrelated to either foster parent by blood, marriage or adoption, provided that all applicable building and safety codes are met and an occupancy permit issued therefor. Permitted uses (accessory). (1) Private garages, carports and accessory buildings as permitted in section 30- 403, supplemental regulations. In home elderly care, with a maximum of three (3) persons as permitted in section 30-411, supplemental regulations. Home occupations, as permitted in section 30-405, supplemental regulations. Home day cares, with no more than four (4) unrelated children in a twenty-four (24) hour period as permitted in section 30-408, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. Special uses. (1) Home day cares, with five (5) or more unrelated children in a twenty-four (24) hour period, as permitted in section 30-408, supplemental regulations. (2) (f) Libraries, on a minimum of two (2) acres of land. Cemeteries, on a minimum of ten (10) acres of land. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Height, area, bulk and setback regulations. (1) Maximum Height: Two and one-half (2%) stories not to exceed thirty-five (35) feet. Minimum Lot Area: Ten thousand (10,000) square feet. Maximum Density. Four (4) units per one (1) acre. Higher densities may be approved with a cluster subdivision, as permitted in chapter 25 of the City Code. Minimum Lot Width: Eighty (80) feet. Minimum Yard Requirements: a. Front yard: Thirty (30) feet. b. c. Rear yard: Twenty-five (25) feet. Side yard: Six (6) feet. Parking requirements. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 4109, art. Z 31-10) Sec. 30323. - R-2, single-family urban residential district. (a) (b) Purpose. The R-2, single-family urban residential district is to provide for quality residential neighborhoods that are compact and walkable, to provide public gathering spaces, and to encourage a mix of residential designs, styles and sizes, thus creating a unique, yet cohesive neighborhood. It is also intended to conserve the residential character of existing neighborhoods in the downtown and existing areas of the city. It is designed to promote the preservation and maintenance of older single-family dwellings, while also allowing a variety of uses and density as was originally intended within the downtown area and other earlier developments within the city. It is to provide a full range of single-family housing choices and to promote a sense of community, urban vitality, and the efficient provision of infrastructure. Permitted uses. (1) Single-family detached dwelling, with only one (1) dwelling per lot. (2) (9) Cluster subdivisions, as permitted in chapter 25 of the City Code. Golf courses, this shall not include separate miniature golf courses, driving ranges and other similar activities operated as a business. Public parks, playgrounds, and recreational facilities. Police and fire stations. Elementary and middle schools, or development centers for elementary and middle school age children with handicaps or development disabilities, on a minimum of five (5) acres of land. Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and outdoor recreational facilities, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners association. Home for eight (8) or fewer unrelated mentally or physically handicapped persons, including no more than two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the handicapped persons residing in the home, provided that: a. L7 The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood, and Such home shall not be located closer than three hundred seventy (370) feet to any other such home. A private residence licensed by the Missouri Division of Family Services or Missouri Department of Mental Health to provide foster care to one (1) or more, but less than seven (7), children who are unrelated to either foster parent by blood, marriage or adoption, provided that all applicable building and safety codes are met and an occupancy permit issued therefor. (c) Permitted uses (accessory). Private garages, carports and accessory buildings as permitted in section 30- 403, supplemental regulations. In home elderly care, with a maximum of three (3) persons as permitted in section 30-411, supplemental regulations. Home occupations, as permitted in section 30-405, supplemental regulations. Home day cares, with no more than four (4) unrelated children in a twenty-four (24) hour period as permitted in section 30-408, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. Special uses. (1) Home day cares, with five (5) or more unrelated children in a twenty-four (24) hour period, as permitted in section 30-408, supplemental regulations. (2) Libraries, on a minimum of two (2) acres of land. Cemeteries, on a minimum of ten (10) acres of land. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Height, area, bulk and setback regulations. (1) Maximum Height: Two and one-half (2%) stories not to exceed thirty-five (35) feet. Minimum Lot Area: Eight thousand (8,000) square feet. Maximum Density. Five (5) units per one (1) acre. Higher densities may be approved with a cluster subdivision, as permitted in chapter 25 of the City Code. Minimum Lot Width: Sixty (60) feet. Minimum Yard Requirements: a. 301 c. Front yard: Twenty-five (25) feet. Rear yard: Twenty-five (25) feet. Side yard: Five (5) feet. (f) Parking requirements. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 4109, art. 2, 3-1-10) Staff: Bruce Taylor, Deputy City Clerk Agenda: 6/2/2014 SUBJECT Approval of the May 19, 2014, City Council regular and closed sessions meeting minutes and of the May 27, 2014, City Council special session meeting minutes. ATTACHMENTS: Name: ❑ Minutes 2014 5 19 Meeting(113)pdf ❑ min. 05-19-14 closed.pdf ❑ min. 05-27-14. special. doc Description: City Counci Minutues - 05-19-14 regular session City Counci Minutues - 05-19-14 closedsession City Council Minutes - 05-27-14 special session REGULAR SESSION — May 19, 2014 CLOSED SESSION Legal actions and litigation, confidential communications with legal counsel, and property acquisition, pursuant to RSMo. Sections 610.021 (1) and (2). A Motion was made by Joe Uzoaru, Seconded by Patrick Koetting to approve. Motion passed. 5-0. Aye: Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Bowen, Lanzotti. INVOCATION Reverend Dr. Kim Nelson, First Presbyterian Church of Cape Girardeau PLEDGE OF ALLEGIANCE CALL TO ORDER The Cape Girardeau City Council convened in regular session on Monday, May 19, 2014, at 7:00 p.m. with Mayor Harry Rediger presiding and Council Members Patrick Koetting, Shelly Moore, Loretta Schneider, and Joseph Uzoaru present. Council Members Wayne Bowen and Mark Lanzotti were absent. ADOPTION OF THE AGENDA A Motion was made by Loretta Schneider, Seconded by Joe Uzoaru to approve and adopt. Motion passed. 5-0. Aye: Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Bowen, Lanzotti. PRESENTATIONS Mayor Harry Rediger welcomed Patrick Koetting to the City Council. Deputy City Clerk Bruce Taylor administered the Oath of Office to Council Member Patrick Koetting during the Study Session. Mr. Koetting was appointed at the May 5, 2014 Council Meeting to serve as Ward 3 Interim Council Member until the position is filled by special general election slated for August 5, 2014. Mayor Rediger presented a Proclamation that May 18th through 24th shall be Public Works Week. Representatives from the City of Cape Girardeau Public Works Department were present to accept the Proclamation. Mayor Rediger presented a Proclamation that May 18th through 24th shall be "Buddy" Poppy Week. Representatives from Veterans of Foreign Wars Post 3838 were present to accept the Proclamation. COMMUNICATIONS/REPORTS Mayor Rediger recognized the success of the 2014 Cape Girardeau Regional Air Festival. Airport Manager Bruce Loy thanked the Council, City Staff, Airport Advisory Board, sponsors, and volunteers for their part in the event's success. Three members of the Canadian Forces Snowbirds were present and spoke about the great experience of being in Cape Girardeau to start their 2014 season. Mayor Rediger stated that he had attended the Memorial to Fallen Heroes sponsored by Seniors and Lawmen Together (SALT) on May 9, 2014. The "Last Call" service recognized fallen law enforcement officers in Southeast Missouri. The late Assistant Police Chief Roger Fields was honored at the service. City Manager Scott Meyer announced that a Special Council Meeting is scheduled for May 27, 2014 at 4:00. The City Council will consider an Ordinance to call a special general election to elect a Council Member in Ward 3 to fill an unexpired term. APPEARANCES Ms. Liz Lockhart with River Bend Realty, 303 North Fountain Street, appeared regarding item 4 of the agenda. Ms. Lockhart specifically asked Council to delay the demolition of a single property located at 219 North Middle Street because she had received notice to list the property from Fanny Mae the afternoon of May 19, 2014. Council asked for staff s opinion. Assistant City Manager — Development Services Molly Hood recommended that demolitions proceed as planned. CONSENT AGENDA Approval of the May 5, 2014, City Council regular and closed sessions meeting minutes. BILL NO. 14-34, an Ordinance granting a Special Use Permit to CZL Investments, LLC, for purposes of constructing and operating self -storage units at 1354 North Mount Auburn Road, in the City and County of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 14-67, a Resolution authorizing the City Manager to execute an Agreement with Ronald Kucera, Jr., for the demolition of a building located at 1751 Luce Street, in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 14-68, a Resolution authorizing the City Manager to execute an Agreement with Nip Kelley Equipment, Co. Inc., for the demolition of buildings located at 219 North Middle Street, 1022 Perry Avenue, and 513 William Street, in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 14-70, a Resolution authorizing application to the Edward Byrne Memorial Justice Grant (JAG) Program FY 2014 Local Solicitation, and authorizing the City Manager to execute all necessary grant program documents. Reading and Passage. BILL NO. 14-71, a Resolution authorizing the City Manager to execute an agreement with HVS, for professional services for a feasibility study, in the City of Cape Girardeau, Missouri. Reading and Passage. Accept the Street, Sanitary Sewer, Storm Sewer and Water Improvements in Williamsburg Subdivision Phase 1. Accept Improvement and Authorize Final Payment to Nip Kelley Equipment Company, Inc. for the Replacement of a Clearwell at Water Plant No. 2. BILL NO. 14-34 will be Ordinance No. 4575; BILL NO. 14-67 will be Resolution No. 2815; BILL NO. 14-68 will be Resolution No. 2816; BILL NO. 14-70 will be Resolution No. 2817; BILL NO. 14-71 will be Resolution No. 2818. A Motion was made by Loretta Schneider, Seconded by Patrick Koetting to approve and adopt. Motion passed. 5-0. Aye: Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Bowen, Lanzotti. NEW ORDINANCES BILL NO. 14-66, an Ordinance accepting Permanent Drainage, Sanitary Sewer, and Water Line Easements from Brandon O. Williams Development, LLC, for property located on Perryville Road, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Loretta Schneider, Seconded by Joe Uzoaru to approve. Motion passed. 5-0. Aye: Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Bowen, Lanzotti. BILL NO. 14-69, an Ordinance appropriating monies for operating expenditures from the Convention and Tourism Fund for the fiscal year ending June 30, 2014, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Loretta Schneider, Seconded by Joe Uzoaru to approve. Motion passed. 5-0. Aye: Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Bowen, Lanzotti. BILL NO. 14-72, an Ordinance authorizing the issuance of a Special Tax Bill for the property located at 1513 Sylvan Lane, for the abatement of a nuisance under the provisions of Chapter 13 of the Code of Ordinances of the City of Cape Girardeau. First Reading. A Motion was made by Loretta Schneider, Seconded by Joe Uzoaru to approve. Motion passed. 5-0. Aye: Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Bowen, Lanzotti. BILL NO. 14-73, an Ordinance authorizing the City Manager to execute a Transportation Planning Consolidated Grant Agreement with the Missouri Highways and Transportation Commission, for Southeast Metropolitan Planning Organization expenses. First Reading. A Motion was made by Loretta Schneider, Seconded by Joe Uzoaru to approve. Motion passed. 5-0. Aye: Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Bowen, Lanzotti. BILL NO. 14-74, an Ordinance approving the record plat of Cape West Village Third Subdivision. First Reading. A Motion was made by Loretta Schneider, Seconded by Joe Uzoaru to approve. Motion passed. 5-0. Aye: Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Bowen, Lanzotti. BILL NO. 14-75, an Ordinance approving the record plat of Maschmann Subdivision. First Reading. A Motion was made by Loretta Schneider, Seconded by Joe Uzoaru to approve. Motion passed. 5-0. Aye: Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Bowen, Lanzotti. BILL NO. 14-76, an Ordinance approving the record plat of Humphrey Subdivision. First Reading. A Motion was made by Loretta Schneider, Seconded by Joe Uzoaru to approve. Motion passed. 5-0. Aye: Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Bowen, Lanzotti. BILL NO. 14-77, an Ordinance approving the record plat of Resubdivision of Lot 20 & Common Ground of Baldwin Place Phase II. First Reading. A Motion was made by Loretta Schneider, Seconded by Joe Uzoaru to approve. Motion passed. 5-0. Aye: Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Bowen, Lanzotti. BILL NO. 14-78, an Ordinance approving the record plat of Williamsburg Phase 1. First Reading. A Motion was made by Loretta Schneider, Seconded by Joe Uzoaru to approve. Motion passed. 5-0. Aye: Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Bowen, Lanzotti. MEETING ADJOURNMENT There being no further business, the meeting was ended at 7:27 p.m. A Motion was made by Loretta Schneider, Seconded by Joe Uzoaru to adjourn. Motion passed. 5-0. Aye: Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Bowen, Lanzotti. Harry E. Rediger, Mayor Gayle L. Conrad, City Clerk Special May 27, 2014 JJ -65 SPECIAL SESSION—MAY 27, 2014 CA\ 11111 C/Z/] N 11 DI 11 The Cape Girardeau City Council convened in special session on Tuesday, May 27, 2014, at 4:00 p.m. with Mayor Harry Rediger presiding and Council Members Wayne Bowen, Patrick Koetting, Mark Lanzotti, Shelly Moore, Loretta Schneider, and Joseph Uzoaru present. ADOPTION OF THE AGENDA Mayor Rediger stated that the Council previously adopted Ordinance No. 4566 calling an election in August relating to the Fire Sales Tax. The August ballot now contains a State Transportation Sales Tax and a County "Kids" Sales Tax, and it would be better for the City to hold the Fire Sales Tax election in November. He stated that this afternoon staff prepared a proposed ordinance, as an emergency measure, to repeal Ordinance No. 4566. Today is the last date for certifying election notices to the County Clerk, and if the Council does not want the Fire Tax to be on the August election ballot, then it must adopt this ordinance as an emergency measure to repeal the ordinance. In addition, since we just learned that these other measures have now been placed on the August ballot, we did not have this information in time for it to be included in today's agenda. For that reason, the proposed agenda will need to be amended to include this new emergency ordinance repealing the Fire Tax election. Following discussion a Motion was made by Mark Lanzotti, Seconded by Loretta Schneider, to amend the agenda by adding BILL NO. 14-80 and to adopt the agenda. Motion passed 7-0. Aye: Bowen, Koetting, Lanzotti, Moore, Rediger, Schneider, Uzoaru I\ID►9TKIIN11I\kV[YW BILL NO. 14-79, AN ORDINANCE CALLING A SPECIAL GENERAL ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, TO ELECT A COUNCIL MEMBER IN WARD 3, DESIGNATING THE TIME OF HOLDING THE ELECTION; AUTHORIZING AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE ELECTION. First, Second and Third Readings. BILL NO. 14-79 will be ORDINANCE NO. 4576. A Motion was made by Mark Lanzotti, Seconded by Wayne Bowen, to approve and adopt. Motion passed. 7-0. Aye: Bowen, Koetting, Lanzotti, Moore, Rediger, Schneider, Uzoaru. BILL NO. 14-80, AN ORDINANCE REPEALING ORDINANCE NO. 4566 PROVIDING FOR THE EXTENSION OF A SALES TAX IN THE AMOUNT OF ONE-EIGHTH OF ONE PERCENT FOR THE PURPOSE OF PROVIDING REVENUES FOR THE OPERATION OF THE CAPE GIRARDEAU MUNICIPAL FIRE DEPARTMENT, AND CALLING AN ELECTION ON THE QUESTION TO EXTEND SUCH SALES TAX IN THE CITY OF CAPE GIRARDEAU, MISSOURI. First, Second and Third Readings BILL NO. 14-80 will be ORDINANCE NO. 4577. A Motion was made by Loretta Schneider, Seconded by Patrick Koetting, to approve and adopt. Motion passed. 7-0. Aye: Bowen, Koetting, Lanzotti, Moore, Rediger, Schneider, Uzoaru MEETING ADJOURNMENT Special May 27, 2014 JJ -66 There being no further business, the City Council special session ended at 4:15 p.m. A Motion was made by Mark Lanzotti, Seconded by Patrick Koetting to adjourn. Motion passed. 7-0. Aye: Bowen, Koetting, Lanzotti, Moore, Rediger, Schneider, Uzoaru. Harry E. Rediger, Mayor Gayle L. Conrad, City Clerk Special May 27, 2014 JJ -67 THIS PAGE INTENTIONALLY LEFT BLANK. Staff: Ryan Shrimplin, AICP - City Agenda: Planner 6/2/2014 SUBJECT An Ordinance accepting Permanent Drainage, Sanitary Sewer, and Water Line Easements from Brandon O. Williams Development, LLC, for property located on Perryville Road, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance accepts three easements for a property on Perryville Road in connection with public infrastructure improvements for the Williamsburg subdivision. BACKGROUND/DISCUSSION Brandon O. Williams Development, LLC is in the process of developing Williamsburg subdivision, located on Perryville Road. Improvements for public storm sewer, sanitary sewer, and water to serve Phase 1 were recently completed and are ready to be accepted (a motion accepting the improvements is on this agenda as a separate item). Concurrent with the acceptance of the improvements, the developer must grant a Permanent Drainage Easement, a Permanent Sanitary Sewer Easement, and a Permanent Water Line Easement to the City. The executed easements are attached for acceptance by the City Council. FINANCIAL IMPACT The property owner is donating the easements to the City. The financial impact will be minimal. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The easements are necessary to grant the City a right to access, excavate, construct, maintain, repair, and replace public infrastructure within the easement areas. STAFF RECOMMENDATION Staff recommends approval of the ordinance accepting Permanent Drainage, Sanitary Sewer, and Water Line Easements for property on Perryville Road. ATTACHMENTS Name: Description: ❑ Williamsburg_ Phase 1 Perm_Easements.doc Williamsburg -Perryville Rd Ease Ord ❑ Permanent Drainage Easement Brandon O Williams Development LLC.pdf PDE - Brandon O Williams Dev LLC ❑ STORM SEWER EASEMENT.pdf PDE Exhibit ❑ Permanent_ Sanitary Sewer_ Easement_ Brandon O Williams_ Development_LLC.Idf PSSE - Brandon O Williams Dev LLC ❑ SANITARY SEWER EASEMENT.pdf PSSE Exhibit ❑ Permanent Water Line Easement Brandon O Williams Development LLC.pdf PWLE - Brandon O Williams Dev LLC ❑ WATERMAIN EASEMENT.pdf PWLE Exhibit BILL NO. 14-66 ORDINANCE NO. AN ORDINANCE ACCEPTING PERMANENT DRAINAGE, SANITARY SEWER, AND WATER LINE EASEMENTS FROM BRANDON O. WILLIAMS DEVELOPMENT, LLC, FOR PROPERTY LOCATED ON PERRYVILLE ROAD, IN THE CITY OF CAPE GIRARDEAU. MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby accepts a Permanent Drainage Easement, a Permanent Sanitary Sewer Easement, and a Permanent Water Line Easement from Brandon O. Williams Development, LLC, conveying to the City of Cape Girardeau, Missouri, easements located on Perryville Road, in the City of Cape Girardeau, Missouri, described as follows: PERMANENT DRAINAGE EASEMENT PART OF U.S.P.S. NO. 2198, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT AN AXLE AT THE NORTHWEST CORNER OF LOT 80 OF ARBOR HEIGHTS FIFTH ADDITION AS RECORDED IN PLAT BOOK 24 ON PAGE 43; THENCE NORTH 89 DEGREES 12 MINUTES 40 SECONDS WEST 790.05 FEET TO THE EAST LINE OF PERRYVILLE ROAD; THENCE ALONG SAID EAST LINE NORTH 26 DEGREES 43 MINUTES 03 SECONDS WEST 388.78 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 770.00 FEET, CHORD BEARING NORTH 13 DEGREES 42 MINUTES 08 SECONDS WEST 346.82 FEET, AND AN ARC LENGTH OF 349.82 FEET; THENCE SOUTH 86 DEGREES 13 MINUTES 04 SECONDS EAST 25.84 FEET TO THE POINT OF BEGINNING. THENCE FROM THE POINT OF BEGINNING CONTINUE SOUTH 86 DEGREES 13 MINUTES 04 SECONDS EAST 21.32 FEET; THENCE SOUTH 16 DEGREES 27 MINUTES 23 SECONDS EAST 37.65 FEET; THENCE SOUTH 73 DEGREES 32 MINUTES 37 SECONDS WEST 20.00 FEET; THENCE NORTH 16 DEGREES 27 MINUTES 23 SECONDS WEST 45.02 FEET TO THE POINT OF BEGINNING. 1 THE HEREIN DESCRIBED AREA CONTAINS 827 SQUARE FEET, MORE OR LESS. PERMANENT SANITARY SEWER EASEMENT PART OF U.S.P.S. NO. 2198, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT AN AXLE AT THE NORTHWEST CORNER OF LOT 80 OF ARBOR HEIGHTS FIFTH ADDITION AS RECORDED IN PLAT BOOK 24 ON PAGE 43; THENCE NORTH 89 DEGREES 12 MINUTES 40 SECONDS WEST 790.05 FEET TO THE EAST LINE OF PERRYVILLE ROAD; THENCE ALONG SAID EAST LINE NORTH 26 DEGREES 43 MINUTES 03 SECONDS WEST 388.78 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 770.00 FEET, CHORD BEARING NORTH 21 DEGREES 34 MINUTES 35 SECONDS WEST 138.00 FEET, AND AN ARC LENGTH OF 138.18 FEET TO THE POINT OF BEGINNING. THENCE FROM THE POINT OF BEGINNING CONTINUE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 770.00 FEET, CHORD BEARING NORTH 15 DEGREES 40 MINUTES 46 SECONDS WEST 20.32 FEET, AND AN ARC LENGTH OF 20.32 FEET; THENCE NORTH 84 DEGREES 28 MINUTES 14 SECONDS EAST 16.72 FEET; THENCE NORTH 07 DEGREES 15 MINUTES 26 SECONDS WEST 121.98 FEET; THENCE NORTH 10 DEGREES 56 MINUTES 51 SECONDS WEST 66.70 FEET; THENCE SOUTH 86 DEGREES 13 MINUTES 04 SECONDS EAST 20.68 FEET; THENCE SOUTH 10 DEGREES 56 MINUTES 51 SECONDS EAST 50.60 FEET; THENCE NORTH 72 DEGREES 45 MINUTES 33 SECONDS EAST 56.34 FEET; THENCE NORTH 37 DEGREES 19 MINUTES 00 SECONDS EAST 34.46 FEET; THENCE SOUTH 86 DEGREES 13 MINUTES 04 SECONDS EAST 23.99 FEET; THENCE SOUTH 37 DEGREES 19 MINUTES 00 SECONDS WEST 42.92 FEET; THENCE SOUTH 39 DEGREES 09 MINUTES 06 SECONDS EAST 38.83 FEET; THENCE SOUTH 03 DEGREES 46 MINUTES 56 SECONDS WEST 8.42 FEET; THENCE SOUTH 38 DEGREES 42 MINUTES 45 SECONDS EAST 49.01 FEET; THENCE SOUTH 86 DEGREES 13 MINUTES 04 SECONDS EAST 86.99 FEET; THENCE SOUTH 03 DEGREES 46 MINUTES 56 SECONDS WEST 13.67 FEET; THENCE NORTH 86 DEGREES 55 MINUTES 54 SECONDS WEST 92.29 FEET; THENCE NORTH 39 DEGREES 09 MINUTES 06 E SECONDS WEST 102.20 FEET; THENCE SOUTH 72 DEGREES 45 MINUTES 33 SECONDS WEST 55.68 FEET; THENCE SOUTH 07 DEGREES 15 MINUTES 26 SECONDS EAST 134.52 FEET; THENCE SOUTH 84 DEGREES 28 MINUTES 14 SECONDS WEST 33.75 FEET TO THE POINT OF BEGINNING. THE HEREIN DESCRIBED AREA CONTAINS 9,412 SQUARE FEET, MORE OR LESS. PERMANENT WATER LINE EASEMENT PART OF U.S.P.S. NO. 2198, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT AN AXLE AT THE NORTHWEST CORNER OF LOT 80 OF ARBOR HEIGHTS FIFTH ADDITION AS RECORDED IN PLAT BOOK 24 ON PAGE 43; THENCE NORTH 89 DEGREES 12 MINUTES 40 SECONDS WEST 790.05 FEET TO THE EAST LINE OF PERRYVILLE ROAD; THENCE ALONG SAID EAST LINE NORTH 26 DEGREES 43 MINUTES 03 SECONDS WEST 388.78 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 770.00 FEET, CHORD BEARING NORTH 14 DEGREES 26 MINUTES 58 SECONDS WEST 327.23 FEET, AND AN ARC LENGTH OF 329.74 FEET TO THE POINT OF BEGINNING. THENCE FROM THE POINT OF BEGINNING CONTINUE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 770.00 FEET, CHORD BEARING NORTH O1 DEGREES 26 MINUTES 03 SECONDS WEST 20.08 FEET, AND AN ARC LENGTH OF 20.08 FEET; THENCE SOUTH 86 DEGREES 13 DEGREES 04 MINUTES EAST 157.39 FEET; THENCE SOUTH 03 DEGREES 46 MINUTES 56 SECONDS WEST 20.00 FEET; THENCE NORTH 86 DEGREES 13 MINUTES 04 SECONDS WEST 144.60 FEET TO THE POINT OF BEGINNING. THE HEREIN DESCRIBED AREA CONTAINS 2,912 SQUARE FEET, MORE OR LESS. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. 3 Harry E. Rediger, Mayor /_YWYD[.9 O Gayle L. Conrad, City Clerk PERMANENT DRAINAGE EASEMENT KNOW ALL PERSONS BY THESE PRESENTS, that BRANDON O. WILLIAMS DEVELOPMENT, LLC, a Missouri Limited Liability Corporation, hereafter referred to as Grantor, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, does hereby remise and convey to the CITY OF CAPE GIRARDEAU, a Municipal Corporation of the County of Cape Girardeau, State of Missouri, hereafter referred to as Grantee, a PERMANENT DRAINAGE EASEMENT on the following described property: PART OF U.S.P.S. NO. 2198, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT AN AXLE AT THE NORTHWEST CORNER OF LOT 80 OF ARBOR HEIGHTS FIFTH ADDITION AS RECORDED IN PLAT BOOK 24 ON PAGE 43; THENCE NORTH 89 DEGREES 12 MINUTES 40 SECONDS WEST 790.05 FEET TO THE EAST LINE OF PERRYVILLE ROAD; THENCE ALONG SAID EAST LINE NORTH 26 DEGREES 43 MINUTES 03 SECONDS WEST 388.78 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 770.00 FEET, CHORD BEARING NORTH 13 DEGREES 42 MINUTES 08 SECONDS WEST 346.82 FEET, AND AN ARC LENGTH OF 349.82 FEET; THENCE SOUTH 86 DEGREES 13 MINUTES 04 SECONDS EAST 25.84 FEET TO THE POINT OF BEGINNING. THENCE FROM THE POINT OF BEGINNING CONTINUE SOUTH 86 DEGREES 13 MINUTES 04 SECONDS EAST 21.32 FEET; THENCE SOUTH 16 DEGREES 27 MINUTES 23 SECONDS EAST 37.65 FEET; THENCE SOUTH 73 DEGREES 32 MINUTES 37 SECONDS WEST 20.00 FEET; THENCE NORTH 16 DEGREES 27 MINUTES 23 SECONDS WEST 45.02 FEET TO THE POINT OF BEGINNING. THE HEREIN DESCRIBED AREA CONTAINS 827 SQUARE FEET, MORE OR LESS, AND IS SUBJECT TO ANY OTHER EASEMENTS, RIGHTS OF WAY, RESTRICTIONS AND LICENSES AFFECTING THE SAME, EITHER WRITTEN OR IMPLIED. Said right, privilege, permission and authority to enter in and upon the above described property is granted for the purpose of enabling the City, its agents, servants and assigns, to use said property to excavate, construct, maintain, repair, and replace certain improvements, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith, as shown on the plans and specifications on file in the Office of the City Engineer. This easement and the right, privilege, permission and authority herein granted are perpetual and shall run with the land. The undersigned covenants that he is the authorized representative of the owner in fee simple of the above described property and has the legal right to convey this easement. IN WITNESS WHEREOF, the undersigned has executed this easement this �— day of 1�716i ( 2014. Brandon O. 'W111fialris Development, LLC S'gnature) (Printed Name & Office of Signer) STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of /5? 2014, before me personally appeared Brandon O. Williams, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. f (Signature of Notary Public) My Commission Expires: Cape Girardeau County Commission #13492939 My Commission Expires: Febr�e r EASEMENT EXHIBIT FOR BRANDON O. WILLIAMS DEVELOPMENT, LLC. Curve Table Curve # Length Radius Chord Direction Chord Length C1 349.82' 770.00' N13' 42' 08"W 1 346.82' LOT I LOT 9, NORTH BASIS I �� MISSOURI STATE PLANE — — — — COORDINATE SYSTEM 1983 EAST ZONE ILLIAMSBURG DRIVE POINT OF T/ R S 40 0 40 80 I BEGINNING 586'13'04"E S86'13'04"E 25.84' _21.32' Curve Table Curve # Length Radius Chord Direction Chord Length C1 349.82' 770.00' N13' 42' 08"W 1 346.82' ACCURACY STANDARD: TYPE URBAN LEGEND 1. Q IRON ROD W/CAP (FOUND) 2. 0 IRON ROD (FOUND) 3. ® AXLE 4. ALUMINUM MONUMENT 5. Q RIGHT—OF—WAY MARKER I\ 16'27'23"WL� 45.02 I U 516'27'23"E 37.65' 20' WIDE PERMANENT STORM SEWER EASEMENT 1 1 \—N73'32'37"E 20.00' BRANDON O. WILLIAMS DEVELOPMENT, LLC. \OG. NO. 2010-00222 iIN EASEMENT GIRARDEAU GAGE 345 oe LOT I BRANDON O. WILLIAMS POINT OF COMMENCEMENT DEVELOPMENT, LLC. FOUND AXLE NORTHWEST DOC. NO. 2010-00222 CORNER LOT 80, ARBOR HEIGHTS FIFTH ADDITION _ N 790.05' .05' 79 MARGARET A. CRITES / 5O0K 522, PAGE 840 / LOT 81 LOT 80 AR5OR HEIGHTS 5TH ADDITION PLAT 5O0K 24 PAGE 43 PART OF U.S.P.S. NO. 2198, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI EASEMENT DESCRIPTION PART OF U.S.P.S. NO. 2198, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT AN AXLE AT THE NORTHWEST CORNER OF LOT 80 OF ARBOR HEIGHTS FIFTH ADDITION AS RECORDED IN PLAT BOOK 24 ON PAGE 43; THENCE NORTH 89 DEGREES 12 MINUTES 40 SECONDS WEST 790.05 FEET TO THE EAST LINE OF PERRYVILLE ROAD; THENCE ALONG SAID EAST LINE NORTH 26 DEGREES 43 MINUTES 03 SECONDS WEST 388.78 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 770.00 FEET, CHORD BEARING NORTH 13 DEGREES 42 MINUTES 08 SECONDS WEST 346.82 FEET, AND AN ARC LENGTH OF 349.82 FEET; THENCE SOUTH 86 DEGREES 13 MINUTES 04 SECONDS EAST 25.84 FEET TO THE POINT OF BEGINNING. THENCE FROM THE POINT OF BEGINNING CONTINUE SOUTH 86 DEGREES 13 MINUTES 04 SECONDS EAST 21.32 FEET; THENCE SOUTH 16 DEGREES 27 MINUTES 23 SECONDS EAST 37.65 FEET; THENCE SOUTH 73 DEGREES 32 MINUTES 37 SECONDS WEST 20.00 FEET; THENCE NORTH 16 DEGREES 27 MINUTES 23 SECONDS WEST 45.02 FEET TO THE POINT OF BEGINNING. THE HEREIN DESCRIBED AREA CONTAINS 827 SQUARE FEET, MORE OR LESS, AND IS SUBJECT TO ANY OTHER EASEMENTS, RIGHTS OF WAY, RESTRICTIONS AND LICENSES AFFECTING THE SAME, EITHER WRITTEN OR IMPLIED. PERMANENT SANITARY SEWER EASEMENT KNOW ALL PERSONS BY THESE PRESENTS, that BRANDON O. WILLIAMS DEVELOPMENT, LLC, a Missouri Limited Liability Corporation, hereafter referred to as Grantor, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, does hereby remise and convey to the CITY OF CAPE GIRARDEAU, a Municipal Corporation of the County of Cape Girardeau, State of Missouri, hereafter referred to as Grantee, a PERMANENT SANITARY SEWER EASEMENT on the following described property: PART OF U.S.P.S. NO. 2198, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT AN AXLE AT THE NORTHWEST CORNER OF LOT 80 OF ARBOR HEIGHTS FIFTH ADDITION AS RECORDED IN PLAT BOOK 24 ON PAGE 43; THENCE NORTH 89 DEGREES 12 MINUTES 40 SECONDS WEST 790.05 FEET TO THE EAST LINE OF PERRYVILLE ROAD; THENCE ALONG SAID EAST LINE NORTH 26 DEGREES 43 MINUTES 03 SECONDS WEST 388.78 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 770.00 FEET, CHORD BEARING NORTH 21 DEGREES 34 MINUTES 35 SECONDS WEST 138.00 FEET, AND AN ARC LENGTH OF 138.18 FEET TO THE POINT OF BEGINNING. THENCE FROM THE POINT OF BEGINNING CONTINUE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 770.00 FEET, CHORD BEARING NORTH 15 DEGREES 40 MINUTES 46 SECONDS WEST 20.32 FEET, AND AN ARC LENGTH OF 20.32 FEET; THENCE NORTH 84 DEGREES 28 MINUTES 14 SECONDS EAST 16.72 FEET; THENCE NORTH 07 DEGREES 15 MINUTES 26 SECONDS WEST 121.98 FEET; THENCE NORTH 10 DEGREES 56 MINUTES 51 SECONDS WEST 66.70 FEET; THENCE SOUTH 86 DEGREES 13 MINUTES 04 SECONDS EAST 20.68 FEET; THENCE SOUTH 10 DEGREES 56 MINUTES 51 SECONDS EAST 50.60 FEET; THENCE NORTH 72 DEGREES 45 MINUTES 33 SECONDS EAST 56.34 FEET; THENCE NORTH 37 DEGREES 19 MINUTES 00 SECONDS EAST 34.46 FEET; THENCE SOUTH 86 DEGREES 13 MINUTES 04 SECONDS EAST 23.99 FEET; THENCE SOUTH 37 DEGREES 19 MINUTES 00 SECONDS WEST 42.92 FEET; THENCE SOUTH 39 DEGREES 09 MINUTES 06 SECONDS EAST 38.83 FEET; THENCE SOUTH 03 DEGREES 46 MINUTES 56 SECONDS WEST 8.42 FEET; THENCE SOUTH 38 DEGREES 42 MINUTES 45 SECONDS EAST 49.01 FEET; THENCE SOUTH 86 DEGREES 13 MINUTES 04 SECONDS EAST 86.99 FEET; THENCE SOUTH 03 DEGREES 46 MINUTES 56 SECONDS WEST 13.67 FEET; THENCE NORTH 86 DEGREES 55 MINUTES 54 SECONDS WEST 92.29 FEET; THENCE NORTH 39 DEGREES 09 MINUTES 06 SECONDS WEST 102.20 FEET; THENCE SOUTH 72 DEGREES 45 MINUTES 33 SECONDS WEST 55.68 FEET; THENCE SOUTH 07 DEGREES 15 MINUTES 26 SECONDS EAST 134.52 FEET; THENCE SOUTH 84 DEGREES 28 MINUTES 14 SECONDS WEST 33.75 FEET TO THE POINT OF BEGINNING. THE HEREIN DESCRIBED AREA CONTAINS 9 412 SQUARE FEET MORE OR I f LESS, AND IS SUBJECT TO ANY OTHER EASEMENTS, RIGHTS OF WAY, RESTRICTIONS AND LICENSES AFFECTING THE SAME, EITHER WRITTEN OR IMPLIED. Said right, privilege, permission and authority to enter in and upon the above described property is granted for the purpose of enabling the City, its agents, servants and assigns, to use said property to excavate, construct, maintain, repair, and replace certain improvements, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith, as shown on the plans and specifications on file in the Office of the City Engineer. This easement and the right, privilege, permission and authority herein granted are perpetual and shall run with the land. The undersigned covenants that he is the authorized representative of the owner in fee simple of the above described property and has the legal right to convey this easement. IN WITNESS WHEREOF, the undersigned has executed this easement this ' C^ day of 2014. Brando O. iams Development, LLC Kgnature) j A,*iilld /l G/, l9/i /lr r 5 IPi9 P r yr n (Printed Name & Office of Signer) STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this /, � day of 4 , 2014, before me personally appeared Brandon O. Williams, to me known to be the per on described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. My Commission Expires: (Signature of Notary Public) Commission #1 C9 NORTH BASIS MISSOURI STATE PLANE COORDINATE SYSTEM 1983 EAST ZONE 40 0 40 80 Curve Table Curve # Length Radius Chord Direction Chord Length C1 138.18' 770.00' N21' 34' 35"W 138.00' C2 20.32' 770.00' N15' 40' 46"W 20.32' ACCURACY STANDARD: TYPE URBAN LEGEND 1. Q IRON ROD W/CAP (FOUND) 2. 0 IRON ROD (FOUND) 3. ® AXLE 4. ALUMINUM MONUMENT 5. Q RIGHT-OF-WAY MARKER I ' I I i LOT I L____�J _i EASEMENT EXHIBIT FOR BRANDON O. WILLIAMS DEVELOPMENT, LLC. i LOT 6 - WILLIAMSBURG DRIVE R/ VW ARIES -QR - - - 886'13"04''E 20.68' 586'13'04"E 23.99 w� 3 f N� Z q j % / C) 01 133"W �8 90 QaA y5' S3"46'56"W LOT 8 \oJ9, \ 8.42' I � p9 LOT 1 .01 S� 3Imac' rn 20' WIDE PERM ENT S� ` SANITARY SEER EASEMENT - Z I \ S86'13'04"E 86.99' w N86'S5'S4"W n 83'46'86"W 1 .n \ 92.29' 13.67' r N N 4'28'14"E 16.72' / DETENTION BASIN EASEMENT C BRANDON O. WILLIAMS CITY OF CAPE GIRARDEAU \ DEVELOPMENT, LLC. BOOK 910, PAGE 345 \ DOC. NO. 2010-00222 N POINT \ F U S84'28'14"W \ BEGINNING v \ 33.75' \ 2 BRANDON O. WILLIAMS POINT OF COMMENCEMENT �? DEVELOPMENT, LLC. FOUND AXLE NORTHWEST DOG. NO. 2010-00222 CORNER LOT 80, ARBOR Grp o HEIGHTS FIFTH ADDITION cp _ �VXN89'12'40"W 790.05' \ MARGARET A. CRITES / LOT 80 BOOK 522, PAGE 840 R ARBOR HEIGHTS 5TH ADDITION PLAT BOOK 24 PAGE 43 / LOT 81 PART OF U.S.P.S. NO. 2198, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI EASEMENT DESCRIPTION PART OF U.S.P.S. NO. 2198, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT AN AXLE AT THE NORTHWEST CORNER OF LOT 80 OF ARBOR HEIGHTS FIFTH ADDITION AS RECORDED IN PLAT BOOK 24 ON PAGE 43; THENCE NORTH 89 DEGREES 12 MINUTES 40 SECONDS WEST 790.05 FEET TO THE EAST LINE OF PERRYVILLE ROAD; THENCE ALONG SAID EAST LINE NORTH 26 DEGREES 43 MINUTES 03 SECONDS WEST 388.78 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 770.00 FEET, CHORD BEARING NORTH 21 DEGREES 34 MINUTES 35 SECONDS WEST 138.00 FEET, AND AN ARC LENGTH OF 138.18 FEET TO THE POINT OF BEGINNING. THENCE FROM THE POINT OF BEGINNING CONTINUE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 770.00 FEET, CHORD BEARING NORTH 15 DEGREES 40 MINUTES 46 SECONDS WEST 20.32 FEET, AND AN ARC LENGTH OF 20.32 FEET; THENCE NORTH 84 DEGREES 28 MINUTES 14 SECONDS EAST 16.72 FEET; THENCE NORTH 07 DEGREES 15 MINUTES 26 SECONDS WEST 121.98 FEET; THENCE NORTH 10 DEGREES 56 MINUTES 51 SECONDS WEST 66.70 FEET; THENCE SOUTH 86 DEGREES 13 MINUTES 04 SECONDS EAST 20.68 FEET; THENCE SOUTH 10 DEGREES 56 MINUTES 51 SECONDS EAST 50.60 FEET; THENCE NORTH 72 DEGREES 45 MINUTES 33 SECONDS EAST 56.34 FEET; THENCE NORTH 37 DEGREES 19 MINUTES 00 SECONDS EAST 34.46 FEET; THENCE SOUTH 86 DEGREES 13 MINUTES 04 SECONDS EAST 23.99 FEET; THENCE SOUTH 37 DEGREES 19 MINUTES 00 SECONDS WEST 42.92 FEET; THENCE SOUTH 39 DEGREES 09 MINUTES 06 SECONDS EAST 38.83 FEET; THENCE SOUTH 03 DEGREES 46 MINUTES 56 SECONDS WEST 8.42 FEET; THENCE SOUTH 38 DEGREES 42 MINUTES 45 SECONDS EAST 49.01 FEET; THENCE SOUTH 86 DEGREES 13 MINUTES 04 SECONDS EAST 86.99 FEET; THENCE SOUTH 03 DEGREES 46 MINUTES 56 SECONDS WEST 13.67 FEET; THENCE NORTH 86 DEGREES 55 MINUTES 54 SECONDS WEST 92.29 FEET; THENCE NORTH 39 DEGREES 09 MINUTES 06 SECONDS WEST 102.20 FEET; THENCE SOUTH 72 DEGREES 45 MINUTES 33 SECONDS WEST 55.68 FEET; THENCE SOUTH 07 DEGREES 15 MINUTES 26 SECONDS EAST 134.52 FEET; THENCE SOUTH 84 DEGREES 28 MINUTES 14 SECONDS WEST 33.75 FEET TO THE POINT OF BEGINNING. THE HEREIN DESCRIBED AREA CONTAINS 9,412 SQUARE FEET, MORE OR LESS, AND IS SUBJECT TO ANY OTHER EASEMENTS, RIGHTS OF WAY, RESTRICTIONS AND LICENSES AFFECTING THE SAME, EITHER WRITTEN OR IMPLIED. PERMANENT WATER LINE EASEMENT KNOW ALL PERSONS BY THESE PRESENTS, that BRANDON O. WILLIAMS DEVELOPMENT, LLC, a Missouri Limited Liability Corporation, hereafter referred to as Grantor, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, does hereby remise and convey to the CITY OF CAPE GIRARDEAU, a Municipal Corporation of the County of Cape Girardeau, State of Missouri, hereafter referred to as Grantee, a PERMANENT WATER LINE EASEMENT on the following described property: PART OF U.S.P.S. NO. 2198, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT AN AXLE AT THE NORTHWEST CORNER OF LOT 80 OF ARBOR HEIGHTS FIFTH ADDITION AS RECORDED IN PLAT BOOK 24 ON PAGE 43; THENCE NORTH 89 DEGREES 12 MINUTES 40 SECONDS WEST 790.05 FEET TO THE EAST LINE OF PERRYVILLE ROAD; THENCE ALONG SAID EAST LINE NORTH 26 DEGREES 43 MINUTES 03 SECONDS WEST 388.78 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 770.00 FEET, CHORD BEARING NORTH 14 DEGREES 26 MINUTES 58 SECONDS WEST 327.23 FEET, AND AN ARC LENGTH OF 329.74 FEET TO THE POINT OF BEGINNING. THENCE FROM THE POINT OF BEGINNING CONTINUE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 770.00 FEET, CHORD BEARING NORTH 01 DEGREES 26 MINUTES 03 SECONDS WEST 20.08 FEET, AND AN ARC LENGTH OF 20.08 FEET; THENCE SOUTH 86 DEGREES 13 DEGREES 04 MINUTES EAST 157.39 FEET; THENCE SOUTH 03 DEGREES 46 MINUTES 56 SECONDS WEST 20.00 FEET; THENCE NORTH 86 DEGREES 13 MINUTES 04 SECONDS WEST 144.60 FEET TO THE POINT OF BEGINNING. THE HEREIN DESCRIBED AREA CONTAINS 2,912 SQUARE FEET, MORE OR LESS, AND IS SUBJECT TO ANY OTHER EASEMENTS, RIGHTS OF WAY, RESTRICTIONS AND LICENSES AFFECTING THE SAME, EITHER WRITTEN OR IMPLIED. Said right, privilege, permission and authority to enter in and upon the above described property is granted for the purpose of enabling the City, its agents, servants and assigns, to use said property to excavate, construct, maintain, repair, and replace certain improvements, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith, as shown on the plans and specifications on file in the Office of the City Engineer. This easement and the right, privilege, permission and authority herein granted are perpetual and shall run with the land. The undersigned covenants that he is the authorized representative of the owner in fee simple of the above described property and has the legal right to convey this easement. IN WITNESS WHEREOF, the undersigned has executed this easement this IL— day of _Met 1 2014. Bran r O. T3illiams Development, LLC ignature) (Printed Name & Office of Signer) STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of A 2014, before me personally appeared Brandon O. Williams, to me known to be the pe son described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. (Signature of Notary Public) My Commission Expires: Notary Public - Notary Seal STATE OF MISSOURI Cape Girardeau County tea, lzo O/ O Commission #13492939 C9 NORTH BASIS MISSOURI STATE PLANE COORDINATE SYSTEM 1983 EAST ZONE 40 0 40 80 i LOT - W ILLIAMSBURG DRIVE R/ VW ARIES — S86'1_3'04"E N 157.39' U POINT OF 86'13'04"W BEGINNING 144.60' I � I 1 1 U I I I Curve Table Curve # Length Radius Chord Direction Chord Length C1 329.74' 770.00' N14' 26' 58"W 327.23' C2 20.08' 770.00' N1' 26' 03"W 20.08' ACCURACY STANDARD: TYPE RURAL LEGEND 1. Q IRON ROD W/CAP (FOUND) 2. 0 IRON ROD (FOUND) 3. ® AXLE 4. ALUMINUM MONUMENT 5. Q RIGHT-OF-WAY MARKER 20' WIDE PERMANENT WATERMAIN EASEMENT BRAND DEVELON O. WILLIAMS OPMENT,LLG. DOG. N0.2010-00222 iIN EASEMENT GIRARDEAU GAGE 345 EASEMENT EXHIBIT FOR BRANDON O. WILLIAMS DEVELOPMENT, LLC. _S3'46'56"W 20.00' oe LOT I BRANDON O. WILLIAMS POINT OF COMMENCEMENTP DEVELOMENT,LLG. FOUND AXLE NORTHWEST DOC. NO. 2010-00222 CORNER LOT 80, ARBOR HEIGHTS FIFTH ADDITION _ N 89*1 790. 40"W 790.05' MARGARET A. CRITES P / BOOK 522, AGE 840 / LOT 81 LOT 80 ARBOR HEIGHTS 5TH ADDITION PLAT BOOK 24 PAGE 43 PART OF U.S.P.S. NO. 2198, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI EASEMENT DESCRIPTION PART OF U.S.P.S. NO. 2198, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT AN AXLE AT THE NORTHWEST CORNER OF LOT 80 OF ARBOR HEIGHTS FIFTH ADDITION AS RECORDED IN PLAT BOOK 24 ON PAGE 43; THENCE NORTH 89 DEGREES 12 MINUTES 40 SECONDS WEST 790.05 FEET TO THE EAST LINE OF PERRYVILLE ROAD; THENCE ALONG SAID EAST LINE NORTH 26 DEGREES 43 MINUTES 03 SECONDS WEST 388.78 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 770.00 FEET, CHORD BEARING NORTH 14 DEGREES 26 MINUTES 58 SECONDS WEST 327.23 FEET, AND AN ARC LENGTH OF 329.74 FEET TO THE POINT OF BEGINNING. THENCE FROM THE POINT OF BEGINNING CONTINUE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 770.00 FEET, CHORD BEARING NORTH 01 DEGREES 26 MINUTES 03 SECONDS WEST 20.08 FEET, AND AN ARC LENGTH OF 20.08 FEET; THENCE SOUTH 86 DEGREES 13 DEGREES 04 MINUTES EAST 157.39 FEET; THENCE SOUTH 03 DEGREES 46 MINUTES 56 SECONDS WEST 20.00 FEET; THENCE NORTH 86 DEGREES 13 MINUTES 04 SECONDS WEST 144.60 FEET TO THE POINT OF BEGINNING. THE HEREIN DESCRIBED AREA CONTAINS 2,912 SQUARE FEET, MORE OR LESS, AND IS SUBJECT TO ANY OTHER EASEMENTS, RIGHTS OF WAY, RESTRICTIONS AND LICENSES AFFECTING THE SAME, EITHER WRITTEN OR IMPLIED. Staff: John Richbourg, Finance Director Agenda: 6/2/2014 SUBJECT This ordinance adopts a budget appropriation for facilities feasibility studies for the fiscal year ending June 30, 2014. EXECUTIVE SUMMARY Recently the council entered into an agreement to extend the hotel, motel, and restaurant taxes. This appropriation would fund the feasibility studies required by that agreement. BACKGROUND/DISCUSSION Pursuant to an agreement to extend the hotel, motel, and restaurant taxes, staff issued a task order for $37,355 to Planning Design Services for feasibility studies for all studies required by that agreement except the Convention Center. Included in this agenda is a resolution that would allow the City to enter into a contract with HVS Consulting to complete a feasibility study of a new Convention Center. Cost of this contract is $20,000 plus incidentals. This budget ordinance would fund these two agreements from the Convention and Tourism Fund. STAFF RECOMMENDATION Staff recommends that you approve this ordinance. ATTACHMENTS: Name: ❑ Appropriation_CVB_Facilities_Feasibility2014.doc Description: Ord. - feasibility study budget appropriation BILL NO. 14-69 ORDINANCE NO. AN ORDINANCE APPROPRIATING MONIES FOR OPERATING EXPENDITURES FROM THE CONVENTION AND TOURISM FUND FOR THE FISCAL YEAR ENDING JUNE 30, 2014, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council of the City of Cape Girardeau, Missouri, hereby appropriates Sixty-two Thousand Three Hundred Fifty-five Dollars ($62,355.00) from the unappropriated balance of the Convention and Tourism fund for expenditure during the fiscal year ending June 30, 2014, for the expenditure related to facilities feasibility studies. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad City Clerk Staff: Gayle L. Conrad, Director of Agenda: Citizen Services/City Clerk 6/2/2014 SUBJECT An Ordinance authorizing the issuance of a Special Tax Bill for the property located at 1513 Sylvan Lane, for the abatement of a nuisance under the provisions of Chapter 13 of the Code of Ordinances of the City of Cape Girardeau. EXECUTIVE SUMMARY The attached ordinance authorizes the issuance of a special tax bill to recover costs incurred by the City in abating a nuisance at 1513 Sylvan Lane. BACKGROUND/DISCUSSION In November of 2013 the property at 1513 Sylvan Lane was declared a public nuisance under Chapter 13 of the City Code. The owners of the property are deceased, and their son resides in the home. The son had a large number of trees cut down on the property to retrieve and sell the logs. However, all of the tree tops and brush were left, covering the entire proprety. The City issued an abatement order to the resident notifying him of his responsibilities to abate the nuisance under Chapter 13. The son failed to respond by the deadline and did not request a hearing. As provided for in the Code, the City hired a contractor to remove the trees and brush. The total cost for the abatement, including administrative fees, is $11,121.47, for which a special tax bill must now be issued. FINANCIAL IMPACT The special tax bill will bear an interest rate of eight per cent (8%) annually on the outstanding balance until it is paid in full. STAFF RECOMMENDATION Staff recommends approval of the ordinance authorizing a special tax bill to be issued for the property at 1513 Sylvan Lane. ATTACHMENTS: Name: ❑ Tax bill.1513 Sylvan Lane.doc Description: Tax Bill Ordinance ❑ Tax Bill.Sylvan_Lane.invoice.ldf Nuisance Abatement Order, 1513 Sylvan BILL NO. 14-72 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIAL TAX BILL FOR THE PROPERTY LOCATED AT 1513 SYLVAN LANE, FOR THE ABATEMENT OF A NUISANCE UNDER THE PROVISIONS OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU WHEREAS, the City of Cape Girardeau, Missouri, issued notices causing certain nuisances to be abated; and WHEREAS, the City of Cape Girardeau did cause said nuisances to be abated in accordance with the Orders thereby incurring certain expenses; and WHEREAS, Chapter 13 of the City Code authorizes the issuance of certain tax bills; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. There is hereby levied, and the City Clerk is hereby authorized and ordered to place on file a Special Tax Bill issued in accordance with the City Code of Ordinances, which shall be a lien against the following described property in accordance with law, in the following amount, until paid or collected by the City of Cape Girardeau, Missouri: $11,121.47 - 1513 Sylvan Lane Lot Fourteen (14) Sylvan Acres 3rd Subdivision, City and County of Cape Girardeau, Missouri. ARTICLE 2. Said Tax Bill shall bear an interest rate of eight per cent (80) per annum. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2013. Harry E. Rediger, Mayor ATTEST: Gayle L. Conr City Clerk CITY of CAPE GIRARDEAU Nuisance Abatement To: Robert Younq 1513 Sylvan Ln Cape Girardeau, MO -63701 275-4075 Address: 1513 Sylvan Ln Parcel Number: 16715000300200000 14-001 Date: 3/17/2014 Date Issued: 1/24/2014 Equipment and Labor Date Hours Rate Total Abatement Vehicle 124/2014 4 $0.63 $2.62 Nip Kelley Invoice 46689 226114 226/2014 1 $10,950.00 $10,950.00 Administrative Fee 226/2014 1 $150.00 $150,00 Labor 124/2014 1 $18.95 $18.95 Total: $14,121,47 401 Independence Cape Girardeau, MO 63703 573-339-6325 Tel 573.335-4474 Fax c](yofcape.org/finance Jan. 28. 2014 3; 11 PM No, 0251 P. 1/1 Ca kardeauPoi!ce/Nuisaltee•A,batenient >;< Work Order Work order # 541. " CDO Recorded by: `1- w -/A (_-r-e- ie Follce Report ff Date/Time: O _ SUMIAA,DrtS #-- Parcel Number! j,) S om.1,007_c9L�H7ootl' Violator i Name; tsU r Teleplwnoit L_ Rental/Lemed; _ • — Address! -M3 %4{yAni Ut.,,1C City/State: Cate MQ—ZIP Codd. t 701 PruriertY Owner LLC/Corp; Current: Dost Known.Person: _ Name;t t uv Telephvnep( ?• _ � Address; Citylstato; 74Code: P Weed Violation; � Trash Violation: � Other (nota type): Nature of complaint/notes; 1g� d �uwt o i fS : 7 Gs 2 c^M ntee I Public Works Res oiise Nuisance bad been abated when crow arrivedi Date; TinteStarted.,'Dine Finlslred: Locattvrr: Worlc Per£ortned: l Tabor: ��- K- L� �lYtlu��c� ��io8� l�n�i�@, a�ar lig l;quipment: materials: Notes: Nip Kelley Equipment Co., Inc. Contract Invoice P.O. Box 33 r 41 N. 5prigg St !/ Cape Girardeau MO 63701 /(r�,U T Invoice#: 6689 573-334-0553 Date: 02/26/2014 BilledTo: City of Cape Girardeau Project: Sylvan lane` Young Property Cie Accounts Payable 401 Independence St, P.O. Box 617 Cape Girardeau MO 63703 Cape Girardeau MO 63702-0617 Due Date: 03/1012014 Terms: 10TH Description Young Property/ Sylvan Lane per Proposal of 02-11-14--100% Complete 1.00 Thank you for yourprourpt payrnenrf Tens; Net 15 days. A Finance Charge of 1.5% permonth and all reasonable colla llon/allomeyfees will be charged on all amounts past due. Order# Req# 2375 Amount 10950.000 10,950.00 Non -Taxable Amount: 10,950.00 Taxable Amount: 0-00 Sales Tax: 0.00 Amount Due 10,950.00 N Staff: Ryan Shrimplin, AICP - City Agenda: Planner 6/2/2014 SUBJECT An Ordinance authorizing execution of a Transportation Planning Consolidated Grant Agreement with the Missouri Highways and Transportation Commission, for Southeast Metropolitan Planning Organization expenses. EXECUTIVE SUMMARY The attached Ordinance authorizes the execution of a grant agreement on behalf of the Southeast Metropolitan Planning Organization. BACKGROUND/DISCUSSION The Southeast Metropolitan Planning Organization (SEMPO) is a federally mandated and funded policy- making organization that oversees transportation planning for the Cape Girardeau -Jackson urbanized area. As authorized in the Memorandum of Understanding, the City of Cape Girardeau provides administrative services and staff support for SEMPO. Each fiscal year, SEMPO receives grant funds from the Federal Highway Administration and the Federal Transit Administration to cover eligible expenses. The grant is administered by the Missouri Highways and Transportation Commission. As the administrative body for SEMPO, the City of Cape Girardeau receives the funds and therefore is required to execute a Transportation Planning Consolidated Grant Agreement. The agreement for FY 2015 is attached. The agreement period is from July 1, 2014 to June 30, 2015. FINANCIAL IMPACT The agreement authorizes the City of Cape Girardeau to receive funds up to $34,842 for reimbursement of eligible expenses incurred by SEMPO during the agreement period. A 20% local match is required. Per the Memorandum of Understanding, the local match is to be divided among the member organizations, with the City of Cape Girardeau paying 28.6%. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Execution of the agreement is necessary for SEMPO to fulfill its duties as the metropolitan planning organization for the Cape Girardeau -Jackson urbanized area, as mandated by federal law. STAFF RECOMMENDATION Staff recommends approval of the Ordinance authorizing execution of the Transportation Planning Consolidated Grant Agreement. ATTACHMENTS: Name: ❑ SEMPO - MODOT 2014.doc ❑ TP01-H_ Planning_ Funds Agreement Cape Girardeau.pdf Description: SEMPO Ordinance SEMPO CPG Agreement - FY 2015 BILL NO. 14-73 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A TRANSPORTATION PLANNING CONSOLIDATED GRANT AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR SOUTHEAST METROPOLITAN PLANNING ORGANIZATION EXPENSES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1. The City Manager is hereby authorized and directed to execute, on behalf of the City, a Transportation Planning Consolidated Grant Agreement between the City of Cape Girardeau and the Missouri Highways and Transportation Commission for Southeast Metropolitan Planning Organization expenses, and the City Clerk is hereby authorized and directed to attest to said document and to affix the seal of the City thereto. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, with such changes therein as shall be approved by the officers of the City executing the same. Article 2. This Ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS day of , 2014. Harry E. Rediger, Mayor (SEAL) ATTEST: Gayle L. Conrad, City Clerk CCO Form: TP01-H Approved: 06/94 (GWS) Revised: 05/14 (BDG) Modified: MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION TRANSPORTATION PLANNING CONSOLIDATED GRANT AGREEMENT (Cape Girardeau Region) THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau, Missouri (hereinafter, "Grantee"). WITNESSETH: WHEREAS, 23 U.S.C. Sections 104(f) and 134, and 49 U.S.C. Section 5303, provide metropolitan transportation planning funds for metropolitan planning organizations as designated by the Governor of the State of Missouri; and WHEREAS, the Commission is the state agency designated to receive and dispense the above named funds to accomplish metropolitan transportation planning in the Cape Girardeau urbanized area; and WHEREAS, the Southeast Metropolitan Planning Organization (hereinafter, "MPO") has been designated by the Governor of the State of Missouri as the local organization to conduct transportation planning for the Cape Girardeau City urbanized area: and WHEREAS, the MPO has designated the Grantee to conduct transportation planning and receive and expend the above named funds on its behalf; and WHEREAS, the MPO and Grantee has described the transportation planning work to be carried out and included a complete budget detailing the use of the above named funds in an annually updated Unified Planning Work Program (UPWP); and WHEREAS, the UPWP is accepted by the Commission, the MPO, the Grantee, and the United States Department of Transportation, describing the purposes and funding of all program components to be annually accomplished under this Agreement. NOW THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: (1) PURPOSE AND SOURCE OF FUNDS: The purpose of this Agreement is to assist the Grantee in financing project expenses that are eligible for federal financial assistance. The Commission will make a grant from available federal funds in a manner consistent with the rules of the USDOT, Federal Highway Administration (FHWA) and - 1 - Federal Transit Administration (FTA) under 23 U.S.C. Sections 104(f) and 134 and 49 U.S.C. Section 5303. These rules include OMB Circular A-102, "Grants and Cooperative Agreements with State and Local Governments." The catalog of federal domestic assistance identification number (CFDA) is 20.205 for funds under 23 U.S.C. Sections 104(f) and 134 and 20.505 for funds under 49 U.S.C. Section 5303. The amount of available funds is limited by the unused portion of the above planning funds allocated to the Cape Girardeau urbanized area under the above acts and any amendments thereto. (2) SCOPE OF WORK AND BUDGET: Grantee will undertake and complete the program of work specified in the approved UPWP and the budget or scope of services (Appendix A). (3) REPORTS: (A) All draft reports, the cost of which will be considered a direct cost, will be submitted to the Commission for review prior to printing in final form. The Commission will be provided with an electronic copy of each draft and the final report. (B) All reports, drawings, estimates, surveys, memoranda and other papers submitted by the Grantee shall be dated and bear the Grantee's name. (4) PUBLICATION PROVISIONS: (A) Copyright: Papers, interim or final reports, forms or other materials which are a part of the work under contract may be copyrighted without written approval of the Commission, FHWA or FTA as appropriate. (B) Request for Publication: Either party to the Agreement or FHWA or FTA may initiate a request for publication of reports or any request thereof. (C) Abstracts: When the scheduled time for presentation of a paper does not permit formal review and approval of a complete report, abstracts may be used for notification of intent to present a paper based on the study. Such presentation must protect the interests of the other party by the inclusion of a statement in the paper and in the presentation to the effect that the paper has not been reviewed by the other party or FHWA or FTA. (D) Publication: Publication by either party shall give credit to the other party or FHWA or FTA unless upon failure of agreement of any report of the study, FHWA, FTA or either of the contracting parties requests that its credit acknowledgment be omitted and then the following statement shall be added: "The opinions, findings and conclusions expressed in this publication are those of the authors and not necessarily those of the Missouri Highways and Transportation -2- Commission, the Federal Highway Administration or the Federal Transit Administration." (E) Use of Data: After acceptance of reports, all parties are free to use the data and results for whatever purpose. (F) Cooperative Participation: All reports shall contain a statement crediting the cooperative participation of all agencies, including the USDOT, FHWA or FTA as appropriate. (G) Freedom of Information: The publication provisions contained in this paragraph (4) are subject to the provisions of Chapter 610, RSMo, and all applicable laws of the United States Government concerning freedom of information. (5) RETENTION OF RECORDS: The Grantee or any approved subcontractor shall be required to maintain accounting records and other evidence pertaining to the cost incurred regarding the study and to make the records available to the Commission at its office at all reasonable times during the contract period and for three years from the date of the final payment of federal funds. Such accounting records and other evidence pertaining to the costs incurred will be made available for inspection by the Commission, FHWA, FTA, or any authorized representative thereof, and copies shall be furnished if requested. (6) INFORMATION FURNISHED AND WORK PERFORMED BY THE GRANTEE: The Grantee shall make available to the Commission upon request all of the data, reports, analysis, transcripts of hearings, maps, drawings, tables, and other pertinent background information related to the scope of services under this Agreement. (7) INFORMATION AND WORK FURNISHED BY THE COMMISSION: (A) The Commission shall make available to the Grantee all of the data, reports, analysis, transcripts of hearings, maps, drawings, tables and other pertinent background information related to the scope of services under this Agreement that the Commission deems necessary and non -confidential. No report, information, data or other materials provided to the Grantee shall be given to any individual or organization without the written approval of the Commission. (B) The Commission will receive reimbursement from the Grantee for computer work performed by the Commission for the urbanized area as authorized by the Grantee. This should in no way restrict the Grantee from utilizing other computer services available elsewhere. (8) PROJECT TIME PERIOD: Work under this Agreement shall begin July 1, 2014 and extend to June 30, 2015. No work shall be performed under this Agreement until a notice to proceed is received from the Commission. -3- (9) CONTRACT PRICE AND PAYMENT: (A) Total Price: For the work described in this Agreement, the Grantee shall receive payment based on actual costs, as defined in subparagraph B of paragraph (9) up to the maximum amount of $34,842 defined as consolidated planning funds. The local matching share shall be 20 percent for funds provided under 23 U.S.C. Section 104(f) and under 49 U.S.C. Section 5303. The local matching share may be either cash or direct cost match or a combination of both. (B) Progress Payments: The Commission agrees to make progress payments to the Grantee not more than monthly upon receipt of a proper invoice and certification for services actually performed under this Agreement. Certification of services will be documented by a progress report submitted at least quarterly within 30 days after the end of the reporting period. However, the last progress report may be waived and included in the final or project completion report. Each progress report shall include tasks, what percentage of each task has been completed and overall task completion rate. Invoices will be based on actual costs incurred. Each invoice will show the breakdown of the cost incurred among the Grantee and the Commission. Such progress payments will be based on actual cost incurred. In no instance shall the progress payments exceed the percentage of work completed, per the judgment of the Commission's chief engineer. The accounting for and billing of project charges will be accomplished as follows: 1. The Grantee will establish cost principles for use in determining the allowability of individual items of costs in accordance with OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments." 2. Direct labor charges shall be based on actual time expended at the current approved gross salary of the assigned staff member. 3. Employee fringe benefits shall be based on a provisional rate, subject to audit, of direct labor costs. This rate is set on the basis of the employer's actual cost for group life insurance, health insurance, pension plan, workers compensation, holidays, F.I.C.A. taxes, accrued costs for sick leave, vacation and other items included in the Grantee's approved fringe benefit package to the total annual salaries paid. This rate is reviewed and adjusted annually and will be specified in the fiscal year scope of services. 4. Indirect costs shall be based on the approved cost allocation plan supported by the Grantee's annual budget for the fiscal year in which the scope of services is to be carried out. A rate is calculated on the basis of the estimated total annual administrative expenses, excluding known unallowable costs as prescribed in various federal regulations, including OMB Circular A-87, divided by the sum of total annual salaries chargeable as direct labor. Calculation of the indirect rate is specified in the cost allocation plan and is approved by the audit agency. The indirect rate is audited and adjusted at each fiscal year end by the audit agency. The applicable rate -4- will be specified in Appendix A. 5. Other direct costs charges shall be based on actual cost of supplies and equipment purchased or rented for exclusive use of this project. Procurement of supplies and equipment should be in accordance with procedures established by the State of Missouri and Paragraph (26). (C) Compensation: Compensation shall be paid by the Commission to the Grantee for work performed hereunder subject to the limitations of subparagraphs A and B of this paragraph (9), as supported by Appendix A. (D) Direct Costs: The following are considered as direct costs and chargeable as such: 1. Salaries and fringe benefits. 2. Other non -salary expenses directly related to the completion of the work program activities such as: classified advertising, contractual services, data processing, equipment maintenance and rental, meetings and conferences, postage, publications, reproduction, supplies, travel and long distance calls. (E) Final Payment: The final payment will be made only after acceptance by the Commission of a project completion report, summarizing the results of the job elements under this Agreement, considered to be satisfactory to the Commission. This project completion report is due within 60 days after the Agreement end date. The Commission's obligation will extend only to those costs incurred as verified by the final audit. A final audit will be completed after the acceptance of the project completion report. If Grantee was over compensated according to final audit results, Grantee will reimburse the Commission the amount as specified by the final audit. If additional compensation is due Grantee, Grantee will present a supplemental invoice to the Commission for payment of the amount specified by the final audit. (F) Checks: Checks in payment for the services rendered hereunder shall be drawn to the order of the City of Cape Girardeau. The Grantee hereby agrees that the acceptance of the check so drawn shall constitute full payment for the Commission to the Grantee for the services for which such payments are made. (G) Title to Work Products: The making of payments to the Grantee in the manner aforesaid shall vest in the Commission title to the studies, documents and material produced by the Grantee under the terms of this Agreement up to the time of such payments, and the Commission shall have the right to use the same for any public purpose or make any desirable alterations thereto without other further compensation to the Grantee or to any other such agency or persons. (H) Single Audit Requirement: If the Grantee receives $750,000 or more per year total of all Federal assistance from all sources including Federal funds -5- under this Agreement, it shall be required to have an independent annual single audit done in accordance with OMB Circular Number A-133, "Audits of States, Local Governments, and Non -Profit Organizations." A copy of the audit report shall be submitted to the Missouri Department of Transportation (MoDOT) within 30 days of the issuance of the report. Subject to the requirements of OMB Circular Number A-133, if the Grantee obtains less than $750,000, the Grantee may be exempt from OMB A-133 auditing requirements, but records must be available for review by applicable State and Federal authorities in accordance with Paragraph (5). The Commission reserves the right to audit expenditures under this Agreement independently in a separate report. (10) INSPECTION OF RECORDS: The Agency shall assure that representatives of the Commission and FHWA shall have the privilege of inspecting and reviewing the work being done by the Agency's contractor and subcontractor on the herein project. The Agency shall also assure that its contractor, and all subcontractors, if any, maintain all books, documents, papers and other evidence pertaining to costs incurred in connection with the work program and make such materials available at such contractor's office at all reasonable times at no charge during this Agreement period, and for three (3) years from the date of final payment under this Agreement, for inspection by the Commission, FHWA or any authorized representatives of the Federal Government and the State of Missouri, and copies shall be furnished, upon request, to authorized representatives of the Commission, State, FHWA, or other Federal agencies. (11) CHANGES: The Commission or the Grantee may, from time to time, request changes in the scope of UPWP work. Changes in the scope of UPWP work that do not involve any increase or decrease in the amount of the Grantee's compensation shall be made with the mutual agreement of the parties to this Agreement evidenced by letters from each to the other. Changes involving adjustments to limiting amounts contained in the scope of UPWP work of any increase or decrease in the total amount of compensation which are mutually agreed upon by and between the Commission and the Grantee shall be incorporated in written amendments or supplements to this Agreement. (12) INDEMNIFICATION: (A) To the extent allowed or imposed by law, the Grantee shall defend, indemnify and hold harmless the Commission, including its members and department employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the Grantee's wrongful or negligent performance of its obligations under this Agreement. (B) The Grantee will require any contractor procured by the Grantee to work under this Agreement: (1) To obtain a no cost permit from the Commission's district engineer prior to working on the Commission's right-of-way, which shall be signed by an authorized contractor representative (a permit from the Commission's district engineer will not be required for work outside of the Commission's right-of-way); and (2) To carry commercial general liability insurance and commercial automobile liability insurance from a company authorized to issue insurance in Missouri, and to name the Commission, and the Missouri Department of Transportation and its employees, as additional named insureds in amounts sufficient to cover the sovereign immunity limits for Missouri public entities ($500,000 per claimant and $3,000,000 per occurrence) as calculated by the Missouri Department of Insurance, Financial Institutions and Professional Registration, and published annually in the Missouri Register pursuant to Section 537.610, RSMo. (C) In no event shall the language of this Agreement constitute or be construed as a waiver or limitation for either party's rights or defenses with regard to each party's applicable sovereign, governmental, or official immunities and protections as provided by federal and state constitution or law. (13) TERMINATION OF AGREEMENT: (A) Non -Performance: If Grantee shall for any cause fail to perform any of the provisions of this Agreement or fail to complete any of the work described in this Agreement, the Commission may terminate this Agreement. Also, the Commission may terminate this Agreement if the conduct or progress of the work is such that it is not up to professional standards of objectiveness, fairness, accuracy and completeness. (B) Correction: The Commission may provide Grantee with a written notice of the defect(s) in Grantee's performance specifying a period of time for Grantee to correct such defect(s). (C) Written Notice: To terminate this Agreement, the Commission must give Grantee at least 15 days written notice specifying the reason(s) for termination. (D) Partial Payment: If the Commission terminates the Agreement, the Commission shall be liable only for the work rendered to the date of termination based on the compensation described in the scope of services. Grantee, for itself, its successors, assigns and legal representatives, agrees to accept this amount of compensation in full satisfaction of all claims for compensation under this Agreement. This does not abrogate the Grantee's right under law. (E) Work Products: In the event of termination, Grantee shall deliver to the Commission, as property of the Commission, all designs, reports, drawings, studies, estimates, surveys, computations, memoranda, documents and other papers or materials either furnished by the Commission or prepared by or for the Grantee under this Agreement. In addition, ownership of all designs, reports, drawings, studies, estimates, models, computations, etc. prepared under this Agreement shall vest in the Commission, at the Commission's option. The Commission reserves the right to -7- postpone or abandon further work of the type described by this Agreement or to cause such work to be continued or completed in such manner, by such person(s), and under such terms and agreements as the Commission shall determine. (14) DISPUTES: The Commission's chief engineer will in all cases decide any and all questions which may arise in connection with the work not disposed of by agreement among or between the parties to the contract. (15) NONDISCRIMINATION ASSURANCE: With regard to work under this Agreement, Grantee agrees as follows: (A) Civil Rights Statutes: The Grantee shall comply with all state and federal statutes relating to nondiscrimination, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d and 2000e), as well as any applicable titles of the Americans with Disabilities Act). In addition, if the Grantee is providing services or operating programs on behalf of Department or the Commission, it shall comply with all applicable provisions of Title II of the Americans with Disabilities Act. (B) Administrative Rules: The Grantee shall comply with the administrative rules of the U.S. Department of Transportation relative to nondiscrimination in federally -assisted programs of the USDOT (49 CFR Subtitle A, Part 21) which are herein incorporated by reference and made part of this Agreement. (C) Nondiscrimination: The Grantee shall not discriminate on grounds of the race, color, religion, creed, sex, national origin or ancestry of any individual in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Grantee shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Subtitle A, Part 21.5 including employment practices. (D) Solicitations for Subcontracts, Including Procurements of Material and Equipment: These assurances concerning nondiscrimination also apply to subcontractors and suppliers of the Grantee. These apply to all solicitations either by competitive bidding or negotiation made by the Grantee for work to be performed under a subcontract including procurement of materials or equipment. Each potential subcontractor or supplier shall be notified by the Grantee of the requirements of this Agreement relative to nondiscrimination on grounds of the race, color, religion, creed, sex or national origin or ancestry of any individual. (E) Information and Reports: The Grantee shall provide all information and reports required by the Agreement, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Commission or the USDOT to the pertinent to ascertain compliance with other such contracts, orders and instructions. Where any information required of the Grantee is in the exclusive possession of another IMI who fails or refuses to furnish this information, the Grantee shall so certify to the Commission or the USDOT as appropriate and shall set forth what efforts it has made to obtain the information. (F) Sanctions for Noncompliance: In the event the Grantee fails to comply with the nondiscrimination provisions of this Agreement, the Commission shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including but not limited to: 1. Withholding of payments to the Grantee under the Agreement until the Grantee complies; and/or 2. Cancellation, termination or suspension of the Agreement, in whole or in part. (G) Incorporation of Provisions: The Grantee shall include the provisions of paragraph (15)(A) of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempted by the statutes, executive order, administrative rules or instructions issued by the Commission or the USDOT. The Grantee will take such action with respect to any subcontract or procurement as the Commission or the USDOT may direct as means of enforcing such provisions, including sanctions for noncompliance; provided that it in event the Grantee becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Grantee may request the United States to enter into such litigation to protect the interests of the United States. (H) Title VI Program Reporting Requirements: The Grantee shall comply with data collection and reporting requirements subject to Title VI of the Civil Rights Act of 1964 and the implementing regulations of 28 CFR Part 42, Subpart F and 49 CFR Part 21. Such general and program specific required information shall be provided to the Commission yearly if updated information is warranted or at a minimum of every three years. Required submittals shall be made by December of the current agreement period. (16) SECTION 504 ASSURANCES: The Grantee shall comply with all the requirements imposed by Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 790 et seq.) and the administrative rules of the USDOT (49 CFR Subtitle A, Part 27). (17) RESTRICTION ON LOBBYING: The Grantee shall comply with the requirements of 31 U.S.C. Section 1352. (18) NO OBLIGATION BY THE FEDERAL GOVERNMENT: The Grantee acknowledges and agrees that, notwithstanding any concurrence by the USDOT in or approval of the solicitation or award of the underlying contract, absent the express written consent by the USDOT, the USDOT is not a party to this Agreement and shall M not be subject to any obligations or liabilities to the Grantee or any other party pertaining to any matter resulting from this Agreement. The Grantee agrees that it will ensure that the contractor will include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. (19) CLEAN WATER: The Grantee agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. Part 1251 et seq. The Grantee will require its contractor to report each violation to the Grantee and understands and agrees that the Grantee will, in turn, report each violation as required to assure notification to FTA and the appropriate Environmental Protection Agency (hereinafter, "EPA") Regional Office. The Grantee agrees that it will ensure that the contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. (20) ENERGY CONSERVATION: The Grantee agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6321 et seq.). (21) FEDERAL CHANGES: The Grantee shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the most recent issued FTA Master Agreement, as they may be amended or promulgated from time to time during the term of this Agreement. The Grantee's failure to comply shall constitute a material breach of this Agreement. (22) CLEAN AIR: The Grantee agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 USC 7401 et seq. The Grantee shall ensure that its contractor will report each violation to the Grantee. The Grantee will, in turn, report each violation as required to assure notification to FTA and the appropriate United States Environmental Protection Agency (hereinafter, "EPA") Regional Office. The Grantee also agrees to include these requirements in each contract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. (23) PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS: (A) The Grantee acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR Subtitle A, Part 31, apply to its actions pertaining to this Agreement. The Grantee shall ensure that the contractor will certify or affirm the truthfulness and accuracy of any statement it has made, it makes, it -10- may make, or causes to be made, pertaining to the underlying contract of the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Grantee further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the USDOT reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Grantee to the extent the USDOT deems appropriate. (B) The Grantee also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the USDOT under a contract connected with a project that is financed in whole or in part with Federal assistance provided by FTA under authority of 49 USC 5303, the USDOT reserves the right to impose the penalties of 18 USC 1001 on the Grantee, to the extent the USDOT deems appropriate. (C) The Grantee agrees to include the above two clauses in each of its contracts financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. (24) DEBARMENT AND SUSPENSION: The Grantee agrees to comply with the requirements of the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction as submitted with the grant application. (25) SUBCONTRACTING: All work to be subcontracted shall be identified in the UPWP, regardless of amount. All subcontracts of $50,000 or more shall be submitted to the Commission for review and approval. Grantee's approved contracting administration procedures may be used provided assurance is given that they conform to applicable Federal statutes, executive orders and regulations in accordance with 49 CFR Part 18 or 23 CFR Part 172 and Missouri statutes. Approval to subcontract for services incidental to the study operations, such as printing and computer services, is not required. Copies of all executed subcontracts, except those for incidental services, shall be furnished to the Commission. (26) EQUIPMENT AND INSTRUMENTATION: (A) All equipment and instrumentation to be purchased under this agreement shall be identified specifically in the UPWP. Equipment or instrumentation mean an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost which equals $5,000 or more. Grantee's approved procurement procedures may be used provided assurance is given that they conform to applicable Federal statutes, executive orders and regulations in accordance with 49 CFR Part 18 and Missouri statutes. (B) Purchases costing less than $5,000 are not subject to 49 CFR Part - 11 - 18 but shall follow Grantee's procurement procedures. However, purchases may not be subdivided to avoid this limitation. The Grantee certifies that no equipment and instrumentation listed for purchase in the UPWP have been included in the indirect costs approved for this Agreement. (27) TRAVEL: The Commission approves Grantee staff travel expenses for work performed under this Agreement and provided for in the scope of services. Any additional travel must have prior approval of the Commission to be eligible for a direct cost reimbursement. The rate of reimbursement shall be in accordance with the Grantee's approved travel policy. (28) COMPLIANCE WITH LAWS: The Grantee agrees to comply with all federal, state and local laws and ordinances applicable to the prosecution of the work covered by this Agreement. (29) DISADVANTAGED BUSINESS ENTERPRISES: Grantee agrees to prepare and submit for the Commission's approval, a disadvantaged business enterprise plan as defined in 49 CFR Part 26, if Grantee receives financial planning assistance from the U.S. Department of Transportation and will award prime contracts exceeding $250,000 in a single fiscal year or if Grantee is required to do so by 49 CFR Part 26.21. (30) BUDGET: (A) Summary: Appendix A, Section 1, includes a budget summary, which lists the following: 1. Estimated Expenditures: These would be the total of all UPWP components by federal funding type funded under this Agreement itemized by various cost categories. These categories may include but are not limited to: salaries, fringe benefits, indirect costs, contract services, equipment, data processing, meeting, conference, travel, printing, publications, supplies and other or miscellaneous expenses. 2. Estimated Revenues: These are the total anticipated funding and agency sources by federal funding type for work funded under this Agreement. (B) Payment: The Grantee will receive payment by the Commission based on the following: 1. Agency Funding Participation: Appendix A, Section 2, lists estimated funding participation by various agencies for the UPWP program components funded under this Agreement. For the work by program component described in the UPWP and similarly identified in Appendix A, Section 2, payment will be made from the appropriate funds based on the proportionate share of FHWA PL or FTA Section 5303 funds, or consolidation of the two funds, being utilized from the Commission. The relationship of the manpower and cost borne under this Agreement to the total -12- manpower and cost required to complete each program component is derived from the approved UPWP. The obligation of the Commission shall not exceed the amounts set out in Paragraph (9), Subparagraph (A). 2. Details of Missouri FHWA PL and/or FTA Section 5303 Matching Funds: Appendix A, Section 2, also lists the respective amounts of local matching funds by providing agency and the program components of the UPWP to which they are applied for the Missouri federal funds utilized under this Agreement. Application of local matching funds in the form of direct cost match or cash from the Commission to the various program components will be determined by the Commission in accordance with Missouri laws. Use of Commission local matching funds by the Grantee shall be based on the proportionate share of cost by program component as given in Appendix A, Section 2. Local matching funds from the Commission shall not exceed the federally required matching share for any Missouri federally funded program component. The Commission's cash payment obligation shall be in accordance with Paragraph (9), Subparagraph (A). (C) Procedures: The following procedures shall be followed when deviations from Appendix A or the scope of services program components occur or are anticipated to occur: 1. Cost Overruns: A. Program component overruns of thirty percent (30%) or less will be considered as eligible costs provided: (1) The total scope of services dollar amount is not increased and written approval is obtained from the Commission's chief engineer or; (11) If the total scope of services dollar amount is increased, an amended scope of services is executed between the Commission and the Grantee. B. Program component overruns in excess of thirty percent (30%) will require an amended scope of services between the Commission and the Grantee. C. Requests for overruns in program components shall be in writing and include the anticipated amount of overruns on other program components. 2. Agency Funding Participation: Revisions in the agency (i.e. FHWA, FTA, HUD, EPA) funding participation as shown in the scope of services require written approval by the Commission's chief engineer. Requests for revisions shall include the reason for the revisions, the proposed agency funding and the effect of the revisions on program components. -13- 3. The Grantee shall monitor costs and initiate timely requests for approval as outlined above. Retroactive revisions of this scope of services will not be allowed. (32) AMENDMENTS: Any change in this Agreement, whether by modification and/or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representatives of the Grantee and the Commission. (33) COMMISSION REPRESENTATIVE: The Commission's chief engineer is designated as the Commission's representative for the purpose of administering the provisions of this Agreement. (34) ASSIGNMENT: The Grantee shall not assign or delegate any interest in the Agreement and shall not transfer any interest in the Agreement, whether by assignment or notation, without the prior written consent of the Commission. (35) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The Grantee shall comply with all local, state and federal laws and regulations relating to the performance of the Agreement. (36) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. [Remainder of Page Intentionally Left Blank] -14- IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the Grantee this day of , 20 Executed by the Commission this day of , 20 MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION Title ATTEST: Secretary to the Commission Approved as to Form: Commission Counsel -15- CITY OF CAPE GIRARDEAU, MISSOURI M Title ATTEST: By Title Approved as to Form: By Title Ordinance Number: Staff: Ryan Shrimplin, AICP - City Agenda: Planner 6/2/2014 SUBJECT An Ordinance approving the record plat of Cape West Village Third Subdivision. EXECUTIVE SUMMARY The attached Ordinance approves the record plat of Cape West Village Third Subdivision. BACKGROUND/DISCUSSION A record plat has been submitted for Cape West Village Third Subdivision, located at the northwest corner of Richmond Drive and Hart Drive. The subdivision is zoned RUMD (Residential Urban Mixed Density). The plat reconfigures seven lots into six lots. The required 10 foot wide utility easement is shown adjacent to the front lot lines. Also shown are an existing 30 foot wide sanitary sewer, utility and drainage easement centered on the rear lot lines, and an existing 35 foot wide drainage easement adjacent to the west lot lines of Lots 1 and 6. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the record plat as submitted. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its May 14, 2014, regular meeting, recommended approval of the record plat with a vote of 7 in favor, 0 in opposition, and 1 abstaining. ATTACHMENTS: Name: ❑ Cape West Village Third.doc ❑ Cape West Village Third Sub Aerial_Map.pdf ❑ Application - Cape West Village Third Subdivision.pdf ❑ S13100 -CAPE WEST THIRD 04302014.pdf ❑ Staff Review Referral Action Form.pdf Description: Ordinance - Cape West Record Plat Cape West Village Third Subdivision - Map Cape West Village Third Subdivision - Application Cape West Village Third Subdivision - Record Plat Cape West Village Third Subdivision - Staff RRA Form BILL NO. 14-74 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF CAPE WEST VILLAGE THIRD SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Cape West Village Third Subdivision, a subdivision being a re -subdivision of Lots 20-26 of Cape West Village, Plat Book 20 - Page 98, lying in a part of United States Private Survey No. 175, T 30 N, R 13 E, of the 5th P.M., City and County of Cape Girardeau, State of Missouri, submitted by Weiss Park, Inc., bearing the certification of R. Christopher Bowen, a Registered Land Surveyor, dated May 14, 2014/, 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 , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk SUBDIVISION PLAT APPLICATION *IV AA "ITY OJ CAPE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Name of Subdivision Type of Plat (Preliminary, Record, Boundary Adjustment) CAPE WEST VILLAGE THIRD SUBDIVISION Record Applicant Property Owner of Record (if other than Applicant) Drury Southwest, Inc. -- Larry Westrich Weiss Park, d/b/a Dmart Homes Mailing Address City, State, Zip Mailing Address City,, State, Zip 101 S. Farrar Drive Cape Girardeau, 63701 101 S. Farrar Drive Cape Girardeau, MO 63701 Telephone Email Telephone Email 335-3134 ahenry@drurysw.com 335-3134 ahenry@drurysw.com Contact Person (If Applicant is a Business or Organization) (Attach additional owners information if necessary) Adrienne Henry I Professional Engineer/ Surveyor Developer Chris Bowen, PLS ........... ­­ .................................................................. .................... ...... Mailing Address City, State, Zip Mailing Address City, State, Zip 2121 Megan Drive Cape Girardeau, 63701 Telephone Email Telephone Email 339-5900 chriskelly@bowenengsurv.com I A In addition to this application, the following items must be submitted:✓ DDITIONAL ITEMS Review Fee (payable to City of Cape Girardeau) REQUIRED Single -Family and Two -Family Residential $18.00 per lot ($90.00 minimum) Multi -Family Residential $18.00 per dwelling unit ($90.00 minimum) Non -Residential $18.00 per acre ($90.00 minimum) Recording Fee Deposit (payable to City of Cape Girardeau — Record Plat or Boundary Adjustment only) 1811 x 24" sheet size $44.00 2411 x 36" sheet size $69.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) Three (3) full size copies of the plat (Preliminary Plat or Boundary Adjustment only) ✓ Four (4) full size copies of the plat (Record Plat only) ✓ One (1) reduced size (8-1/2" x 11") copy of the plat I certify that I am the Property Owner of Record, or an Agent authorized by the Property Owner to file this application on their behalf. I understand and acknowledge that any public improvements depicted on the plat shall be completed, or an escrow agreement executed, prior to City Council's acceptance of the record plat. # v Appllicanf(S&nature Datef OFFICE USE ONLY Date Received By Planning & Zoning Commission Recommendation City Council Final Action Date Date File Number Revised 6/18/2012 ZONING INFORMATION RUMD, RESIDENTIAL URBAN MIXED DENSITY DISTRICT USE: DUPLEX/ MULTI FAMILY MINIMUM LOT SIZE: 3,750 SQ. FT. MINIMUM WIDTH: 20' FOR DUPLEX, 30' FOR MULTIFAMILY MAXIMUM BUILDING HEIGHT: IF SIDE YARD IS GREATER THAN OR EQUAL TO 15' - 3 STORIES (45 FEET) IF SIDE YARD IS LESS THAN 15'- 2 1/2 STORIES (35 FEET) MINIMUM YARD & BUILDING SETBACK REQUIREMENTS: FRONT -20 FEET REAR - 20 FEET SIDE - 3 FEET BUILDING SETBACK LINES NOT LABELED ARE 3 FEET NOTE: NUMBER OF LOTS: 6 SMALLEST LOT SIZE: 10,560 Sq. Ft. (LOT 2) LARGEST LOT SIZE: 15,975 Sq. Ft. (LOT 4) SURVEY NOTES: THIS SURVEY CREATES A NEW SUBDIVISION FROM LOTS 20-26 OF CAPE WEST VILLAGE AS RECORDED IN PLAT BOOK NO. 20 AT PAGE NO. 98 RECORD PLAT CAPE WEST VILLAGE THIRD SUBDIVISION MEASURED DIMENSIONS SHOWN WITHOUT PARENTHESES DEED OR RECORD DIMENSIONS SHOWN WITH PARENTHESES BASIS OF BEARINGS -ADOPTED FROM THE RECORD PLAT OF CAPE WEST VILLAGE AS RECORDED IN PLAT BOOK NO. 20 AT PAGE NO. 98 SURVEY CLASS "C" - URBAN SURVEY MONUMENT NOTES: O - PREVIOUSLY SET 1/2" IRON PIN (NO CAP) O -SET 2"ALUMINUM MONUMENT O - SET 1/2" IRON PIN REFERENCES: RECORD PLAT OF CAPE WEST VILLAGE AS RECORDED IN PLAT BOOK NO. 20 AT PAGE NO. 98 TAX ASSESSMENT MAP NO. 20-313 FLOODPLAIN INFORMATION SUBJECT PROPERTY LIES IN ZONE X, AN AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOOD PLAIN AS SHOWN ON FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO. 290031CO262E, WHICH BEARS AN EFFECTIVE DATE OF SEPTEMBER 29, 2011. LEGEND - BOUNDARY OF SURVEYED PROPERTY - - - - - - BOUNDARY LINE OF EXISTING LOT --------- - EXISTING EASEMENT (AS SHOWN) .............. - RIGHT OF WAY LINE ••••••• BSL •••••••- BUILDINGSETBACKLINE N GRAPHIC SCALE 0' S0' 100' 150' 200' A RE -SUBDIVISION OF LOTS 20-26 OF CAPE WEST VILLAGE, PLAT BOOK 20 - PAGE 98, LYING IN A PART OF UNITED STATES PRIVATE SURVEY NO. 175, T 30 N, R 13 E, OF THE 5th P.M. CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI 8 i 7 I I 1 I G A p E I 6 I I / w E 5 P IL A T 1 5 T \/ II / I L L A G / - - - - --d ----------- -_.--- O b K 2 O e / in I -t P A G E /9 8 N - - - -CHAMPION DRIVE (50' R/W) _ N EXISTING 10' WATER LINE S UTILITY EASEMENT, PB 20 (S 8500 1'35°E _ _ ----- -- -- -- S 85° 01' 35" EJ (226.12) PG i__ - - 226.12' �- 109.00' P.O.B.-- ------88.00' I--------- . 1........20 BSL........ --- 29.12'-- - \ I I........ 401 BSL ............ .....1.. I I LOT20 H IN ,\ 19 Iw a:. o c 0 I o `N I m t- it Ww ZNN -i 0v�co m I V 2Z Z z I I I i• I I I I I I I I I I I I SIT 4 LOCATION MAP I~ c I �I�: L0721 N cd;N ' LOT 1 3 : • �Ig t- I LOT 22 \ g 0 i 13,080 Sq. Ft. I : r LOT 2 3: I \ \ Lu 10,560 s R ► LOT 3 m Z - : - q. Ft. N : \ L% L i,� E60 :n : 12,725 Sq. Ft. \\ 7iA \ G A P E ::� ° 1 \ rN I" \ w i _ _ ....PO, BSL.... .ix ' . : w E 5 T �: .V II A \ V$ I ��EXISTINc'-•------20'BSL........... I L G E'•. 109.00' IT'4RYSEWER UTILITY -- _ AND D - .......20, BSL• ..............:. \, INA E \ 'r$ S 85° 01' 35" 88.00' EASEMENT, Pg Zp - pG 98 - - - - m L E 135.66' - h N85°01'35^ Z m--- r- F 1.........20, BSL..... - - W 104.34' �� --------- 6.0 w a iP L A ............ :.............-------- N 01 5"W 103.00' o ' T O .0 2 20'BSL...............----85--.,--- \ LOT I ::N O - IP A G E '09 8...20'iSL......-.-.-.; I I \ 1 14,996 S . I q Ft.04 \w L0728 5 \A LOT I I :tai ;� 12,521 Sq. Ft. :N LOT 4 \ I�. 010 NIN :N 15,975 Sq. Ft. \\ ZiIZ : :$ LOT 25 010 LOT24: :$ ` NIN ('y : Z \\ •........20, BSL•... ... : I : :Z 0i0 LOT 23 i \�----L-- .20,BSL.............. 62.40' 7 a 104_am ------- - - - - 7 r to N ----------- F0 N N85001'35" W 15.09' ------- \ 281.84' \ (N B5°01'35"W (281.84) -RICH ------ M O N ID NG 10' WATER LINE &UTILITY EASEMENT, PB 20 - PG gg \ r i,.--------------�----------- RIVE (50 R/W)---------------------- ----------- P G A p I (--------------------- - \ P L IA T B O p 2 O V I f L A G E I I 42 I I I 43 14 '\ CURVE DIMENSION TABLE `. NO. ` 1 DELTA LENGTH TANGENT CHORD BEARING 1 75.00' (75.00) 57° 50'40' N85001'35" W 15.09' ------- \ 281.84' \ (N B5°01'35"W (281.84) -RICH ------ M O N ID NG 10' WATER LINE &UTILITY EASEMENT, PB 20 - PG gg \ r i,.--------------�----------- RIVE (50 R/W)---------------------- ----------- P G A p I (--------------------- - \ P L IA T B O p 2 O V I f L A G E I I 42 I I I 43 14 '\ CURVE DIMENSION TABLE `. NO. RADIUS DELTA LENGTH TANGENT CHORD BEARING 1 75.00' (75.00) 57° 50'40' (57° 50'40-) 75.72' (75.72) 41.44' 72.54' S 560 06' 14" E 2 35.00' (35.00) 122° 09' 20" (122° 09'20) 74.62' (74.62) 63.34' 61.27' S 330 53'46" W 3 20.00' (20.00) 39° 56'41' (39° 56'41) 13.94' (13.94) 7.27' 13.66' N 650 03' 14" W 4 110.64' (110.64) 34-26'14" (34-26'14-) 66.50' (66.50) 34.29' 65.50' N 620 18'00"W !F n►/,, I 2121 Megan Drive Cape Girardeau, MO 63701 Ph 573 339 5900 Fax 573 339 1391 www.bowenengsum.com -- ENGINEERING & SURVEYING Consulting Engineers • Land Surveyors • Testing Laboratories Bowen Engineering & Surveying, P.C. Engineering Corporation - Missouri State Certificate of Authority #000383 Land Surveying Corporation - Missouri State Certirricate of Authority #000166 DRAWN BY: JAR CHECKED BY: RCB SCALE: 1" = 50' CAICE FILE: S13100.ZIP DATE: APRIL 30, 2014 JOB NO. S13-100 S13100.DGN STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU) ss FILED FOR RECORD THIS ________________ DAY OF ---------------------- 2014 A.D. AND DULY RECORDED IN DOCUMENT NO. SCOTT R. CLARK, CAPE GIRARDEAU COUNTY RECORDER OF DEEDS SUBDIVISION DEDICATION WE, THE UNDERSIGNED, WEISS PARK, INC., d/b/a DMART HOMES, A MISSOURI CORPORATION, OWNERS OF A PART OF UNITED STATES PRIVATE SURVEY NO. 175, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT NO. 20, CAPE WEST VILLAGE AS RECORDED IN PLAT BOOK NO. 20 AT PAGE NO. 98 OF THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE, SAID POINT BEING ON THE SOUTH RIGHT OF WAY LINE OF CHAMPION DRIVE; THENCE S 85° 01' 35" E, 226.12 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 75.00 FEET, AND A CENTRAL ANGLE OF 57° 50'40"; THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID CURVE AND RIGHT OF WAY LINE, 75.72 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF HART DRIVE; THENCE S 27° 10' 54" E, 178.70 FEET ALONG SAID WEST RIGHT OF WAY LINE TO THE BEGINNING OF A CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 35.00 FEET, ANDA CENTRAL ANGLE OF 122° 09'20"; THENCE INA SOUTHEASTERLY, SOUTHWESTERLY AND NORTHWESTERLY DIRECTION ALONG SAID CURVE AND RIGHT OF WAY LINE, 74.62 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF RICHMOND DRIVE; THENCE N 85° 01'35" W, 281.84 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 20.00 FEET, AND A CENTRAL ANGLE OF 39° 56'41 "; THENCE IN A NORTHWESTERLY DIRECTION ALONG SAID CURVE AND RIGHT OF WAY LINE, 13.94 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 110.64 FEET, A CENTRAL ANGLE OF 34° 26'14" AND FROM WHICH A RADIAL LINE BEARS, S 44° 55'07" W; THENCE IN A NORTHWESTERLY DIRECTION ALONG SAID CURVE AND NORTH RIGHT OF WAY LINE, 66.50 FEET TO THE SOUTHWEST CORNER OF LOT NO. 26, CAPE WEST VILLAGE; THENCE N 04° 58'25" E, 210.03 FEETALONG THE WEST LINE OF LOT NO. 26AND LOT 20 TO THE POINT OF BEGINNING, CONTAINING 1.83 ACRES, MORE OR LESS. HEREBY DECLARE THAT WE HAVE CAUSED SAID LAND TO BE SUBDIVIDED INTO LOTS AS NUMBERED AND DESIGNATED ON THIS PLAT, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, AND DO HEREBY ESTABLISH PERMANENT EASEMENTS FOR UTILITIES AS SHOWN ON THIS PLAT, WHICH IS HEREBY NAMED, "CAPE WEST THIRD SUBDIVISION" IN WITNESS WHEREOF, SIGNED THIS ----------- DAY OF ------------------------ 2014, A.D. CAROLYN BOHNERT VICE PRESIDENT WEISS PARK, INC. STATE OF MISSOURI COUNTY OF ss BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED, CAROLYN BOHNERT WHO, BEING BY ME DULY SWORN, DID SAY THAT SHE IS THE VICE PRESIDENT OF WEISS PARK, INC, A MISSOURI CORPORATION AND THAT SHE EXECUTED THE WITHIN RECORD PLAT ON BEHALF OF SAID CORPORATION, AND ACKNOWLEDGED TO ME THAT SHE EXECUTED THE SAME FOR THE PURPOSES THEREIN STATED AS THE FREE ACT AND DEED OF SAID CORPORATION. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL THIS ................... DAY OF ........................... A.D., 2014 NOTARY PUBLIC MY TERM EXPIRES I- ------------------------------- I CITY CLERK OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI BY ORDINANCE NO. ____________________ PASSED AND APPROVED THIS _________ DAY OF -------------------------, 2014, A.D. CITY CLERK OF CAPE GIRARDEAU, MISSOURI SURVEYOR'S CERTIFICATION THIS IS TO CERTIFY THAT AT THE REQUEST OF WEISS PARK, INC. THE TRACTS SHOWN HEREON WERE SURVEYED UNDER MY DIRECT SUPERVISION, AND THE RESULTS OF SAID SURVEY ARE REPRESENTED CORRECTLY ON THIS PLAT. SAID SURVEY WAS EXECUTED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS OF THE MISSOURI DEPARTMENT OF NATURAL RESOURCES, DIVISION OF GEOLOGY AND LAND SURVEY. THERE MAY EXIST OTHER DOCUMENTS THAT COULD AFFECT THIS PARCEL, OF WHICH AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. IN WITNESS WHEREOF, I HEREUNTO SET MY SEAL AND SIGNATURE THIS ------------------------- DAY OF -----------------------------------------------2014 A.D. R. CHRISTOPHER BOWEN MO. P.L.S. #2232 CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Cape West Village it Subdivision LOCATION: Champion Dr., Hart Dr., Richmond Dr. STAFF .REVIEW & COMMENTS: A record plat has been submitted to convert seven lots into six lots. SEE STAFF REPORT FOR MORE DETAILS. City PlafKer Date Ike City Ah "rny Date CITY MA GE EFERRAL TO THE PLANNING AND ZONING COMMISSION: City Manager Date Planning & Zoning Commission RECOMMENDED A CTION.- C " A/fA/fF I\TT, c� - CITIZENS COMMENTING ,4 T MEETING: Ralph Maxton Scott McClanahan Doug Spooler Tom Welch �i Oppose Favor Oppose Abstain Lal�' J J La" J Ll Ld Lj J Uf J J Abstain City Council Action g Ordinance 1st Readin I C Ordinance 2 nd & 3 rd Reading: ORDINANCE # Effective Date: Favor Oppose Abstain Trae Bertrand a L) F1 Larry Dowdy La, Li j Jeff Glenn Ll J j Bill Hinckley j j Randy Kluge ❑ F1 D/ VOTE COUNT: Favor C " A/fA/fF I\TT, c� - CITIZENS COMMENTING ,4 T MEETING: Ralph Maxton Scott McClanahan Doug Spooler Tom Welch �i Oppose Favor Oppose Abstain Lal�' J J La" J Ll Ld Lj J Uf J J Abstain City Council Action g Ordinance 1st Readin I C Ordinance 2 nd & 3 rd Reading: ORDINANCE # Effective Date: Staff: Ryan Shrimplin, AICP - City Agenda: Planner 6/2/2014 SUBJECT An Ordinance approving the record plat of Maschmann Subdivision. EXECUTIVE SUMMARY The attached Ordinance approves the record plat of Maschmann Subdivision. BACKGROUND/DISCUSSION A record plat has been submitted for Maschmann Subdivision, located at 2236 Woodside Drive. The subdivision is zoned R-1 (Single -Family Suburban Residential). The plat combines two lots into one lot. The required 10 foot wide utility easement is shown adjacent to the front and rear lot lines. The existing 20 foot wide access and utility easement (centered on the lot line to be removed) is proposed to be eliminated. A new 20 foot wide access and utility easement is proposed adjacent to the south lot line for the first 166.93 feet, then turning to the northeast and crossing the lot. The easement provides access to the Juden Cemetery parcel. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the record plat as submitted. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its May 14, 2014, regular meeting, recommended approval of the record plat with a vote of 8 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: ❑ Maschmann Subd.doc ❑ Map - Maschmann_ Subdivision.ldf ❑ Application - Maschmann Subdivision.pdf ❑ S14059-05132014.1)df ❑ Staff Review Referral Action Form.pdf Description: Ordinance - Maschmann Sub record plat Maschmann Subdivision - Map Maschmann Subdivision - Application Maschmann Subdivision - Record Plat Maschmann Subdivision - Staff RRA Form BILL NO. 14-75 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF MASCHMANN SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Maschmann Subdivision, a subdivision being a resubdivision of Lot 12, "Deevers Farm -Phase I" as recorded in Plat Book No. 22 at Page No. 99 and Lot 13, "Lots 13 and 14 of Deevers Farm - Phase I" as recorded in Plat Book No. 24 at Page No. 84 a part of the SE 19, Section 20, T 31 N, R 14 E, of the 5" P.M. City and County of Cape Girardeau, State of Missouri, submitted by Darryl Maschmann and Betty Maschmann, bearing the certification of R. Christopher Bowen, a Registered Land Surveyor, dated May 14, 2014, 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 , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk Maschmann Subdivision ,.a SUBDIVISION LAT APPLICATION Of CAPE GIRARDEAU *t DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Name of Subdivision Type of Plat (Preliminary, Record, Boundary Adjustment) MASCHMANN SUBDIVISION RECORD PLAT I Applicant Property Owner of Record (if other than Applicant) DARRYL & BETTY MASCHMANN CHAFFEE, MO 63740 Mailing Address City, State, Zip Mailing Address City, State, Zip 1560 BUNKER HILL CAPE GIR 63701 In ad - ion to this application, the following items must be submitted: REQUIRED Telephone Email Telephone Email (573)334-5864 Non -Residential $18.00 per acre ($90.00 minimum) Contact Person (If Applicant is a Business or Organization) (Attach additional owners information if necessary) Professional Engineer/ Surveyor Developer I CHRIS KELLEY ROBERT HINKEBEIN Mailing Address City, State, Zip Mailing Address City, State, Zip 2121 MEGAN DRIVE CAPE GIR 63701 P.O. BOX 33 CHAFFEE, MO 63740 Telephone Email Telephone Email (573)339-5900 chriskelley@bowenengsurv.com (573)887-3960 ADDITIONAL ITEMS In ad - ion to this application, the following items must be submitted: REQUIRED Review Fee (payable to City of Cape Girardeau) Single -Family and Two -Family Residential $18.00 per lot ($90.00 minimum) Multi -Family Residential $18.00 per dwelling unit ($90.00 minimum) Non -Residential $18.00 per acre ($90.00 minimum) FIRecording Fee Deposit (payable to City of Cape Girardeau — Record Plat or Boundary Adjustment only) 18" x 24" sheet size $44.00 24" x 36" sheet size $69.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) Three (3) full size copies of the plat (Preliminary Plat or Boundary Adjustment only) ✓ Four (4) full size copies of the plat (Record Plat only) ✓ One (1) reduced size (8-1/2" x 11") copy of the plat CERTIFICATION I certify that I am the Property Owner of Record, or an Agent authorized by the Property Owner to file this application on their behalf. I understand and acknowledge that any public improvements depicted on the plat shall be completed, or an escrow agreement executed, prior to City Council's acceptance of the record plat. ( i A �- -- -,_� k - - 4 Applicant inature Date OFFICE USE ONLY Date Received By Planning & Zoning Commission Recommendation City Council Final Action Date Date File Number Revised 6/18/2012 LOCATION MAP SURVEY NOTES: THIS SURVEY CREATES A NEW 1 LOT SUBDIVISION BY COMBINING LOT 12, "DEEVERS FARM - PHASE I" AS RECORDED IN PLAT BOOK NO. 22 AT PAGE NO. 99 AND LOT 13, "LOTS 13 AND 14 DEEVERS FARM - PHASE I" AS RECORDED IN PLAT BOOK NO. 24 AT PAGE NO. 84 MEASURED DIMENSIONS SHOWN WITHOUT PARENTHESES DEED OR RECORD DIMENSIONS SHOWN WITH PARENTHESES BASIS OF BEARINGS - GRID NORTH DETERMINED BY REAL TIME GPS OBSERVATIONS MADE WITH CORRECTIONS RECEIVED FROM THE MISSOURI HIGHWAYAND TRANSPORTATION COMMISSION GLOBAL NAVIGATION SATELLITE REAL-TIME NETWORK FOR CONTINUOUSLY OPERATING REFERENCE STATIONS SURVEY CLASS "A" - URBAN REFERENCES: RECORD PLAT OF DEEVERS FARM - PHASE I AS RECORDED IN PLAT BOOK NO. 22 AT PAGE NO. 99 RECORD PLAT OF LOTS 13 AND 14 OF DEEVERS FARM - PHASE I AS RECORDED IN PLAT BOOK NO. 24 AT PAGE NO. 84 GENERAL WARRANTY DEED, BOOK NO. 005 - PAGE NO. 500 GENERAL WARRANTY DEED, BOOK NO. 556 - PAGE NO. 841 GENERAL WARRANTY DEED, DOCUMENT NO. 2011-00184 GENERAL WARRANTY DEED, DOCUMENT NO. 2011-00359 GENERAL WARRANTY DEED, DOCUMENT NO. 2012-14713 TAX ASSESSMENT MAP NO. 16-420 RECORD PLAT OF A MINOR SUBDIVISION MASCHMANN SUBDIVISION ZONING INFORMATION R1, SINGLE FAMILY SUBURBAN MINIMUM LOT SIZE AND WIDTH - 10,000 SQ. FT. - 80 FEET MAXIMUM BUILDING HEIGHT: 2 1/2 STORIES (35 FEET) MINIMUM YARD & BUILDING SETBACK REQUIREMENTS: FRONT -30 FEET REAR - 25 FEET SIDE - 6 FEET NOTE: NUMBER OF LOTS: 1 LOT SIZE: 4.38 ACRES SURVEY MONUMENT NOTES: O- FOUND 3" ALUMINUM MONUMENT O- FOUND 1/2" IRON PIN (PLS 1627) UNLESS OTHERWISE SHOWN O- SET 1/2" IRON PIN LEGEND BOUNDARY OF SURVEYED PROPERTY - - - - - BOUNDARY LINE OF EXISTING TRACT - - - - EXISTING EASEMENT (AS SHOWN) .............. - RIGHT OF WAY LINE • • • • • • •BSL• • • • • • • • - BUILDING SETBACK LINE - - - - - - PROPOSED ACCESS & UTILITY EASEMENT A RESUBDIVISION OF LOT 12, "DEEVERS FARM - PHASE I" AS RECORDED IN PLAT BOOK NO. 22 AT PAGE NO. 99 AND LOT 13, "LOTS 13 AND 14 OF DEEVERS FARM - PHASE I" AS RECORDED IN PLAT BOOK NO. 24 AT PAGE NO. 84 APART OF THE SE 1/4, SECTION 20, T 31 N, R 14 E, OF THE 5th P.M. P.O.B.NE CORNER, LOT 12, CITYAND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI DEEVERS FARM- PHASE I I I PLAT BOOK 22 - PAGE 99 I 1 FOUND 1/2" IRON PIN (PLS 1627)7) LOT 10 7 RADIUS , f �'•�• \ / ��� N X17 CHORD BEARING 1 260.00 (260.00) 29° 39'40- 134.60 (134.60) 68.84 133.10 ci m 55'38"W 2 20.00 (20.00) 680 34'59" P'/ 13.64 22.54 N 06° LOT 11 3 52.00 (52.00) 130 \ 12.66 (12.66) 6.36 12.63 NOW FORMERLY 51'03" E 4 LOT 6 OR 36'33" 26.95 (26.94) 13.48 FIR5T COMMUNITY BANK S 270 26'37w W 5 DOCUMENT NO. 2011-0035A 11* 54'41" 77.96 (77.96) �\ 77.82 S 340 42' 14" W 6 260.00 (260.00) �� I 175.87 (175.87) 13983 172.54 S 210 LOT 10 7 RADIUS , f �'•�• \ / ��� N X17 CHORD BEARING 1 260.00 (260.00) 29° 39'40- 134.60 (134.60) 68.84 133.10 ci m 55'38"W 2 20.00 (20.00) 680 34'59" P'/ 13.64 22.54 N 06° 32'02" E 3 52.00 (52.00) 130 A ° 12.66 (12.66) 6.36 12.63 N 33° 51'03" E 4 LOT 6 020 36'33" 26.95 (26.94) 13.48 26.95 S 270 26'37w W 5 375.00 (375.00) P SE CORNER, LOT 12, DEEVERS FARM - PHASE I / PLAT BOOK 22 - PAGE 99 I FOUND 1/2" IRON FOUND 1/2" IRON PIN (PLS 1627) PIN (PLS 1627) 25' BSL .................. G \ p w y \ O • A N I W S 890 24'43" W 165.05' (S 89°28'27" W 165.009 EXIST. 10' SEWERAND UTILITY ESM -T. P m I I Io PLAT BOOK 22 - PAGE 99 1 o o FOUND 1/2" IRON / I N I -N W 152.34) +_ -IN / o i Co ; N 890 5713711 W 152.34' I /PIN (PLS 1627) z 1 z ...............................................I.. . 01 O n LOT5 j Ow---- - -I M I� / ! m LU NOW OR FORMERLY I EXISTING20'ACCESS Io JUDEN CEMETERY C71 & UTILITY EASEMENT I W BOOK 5 - PAGE 500 1 F- / / PB 22 - PAGE 99 I� 1 Lu z (TO BE ELIMINATED :, 1 Lu BY THIS PLAT) 2 IW o N to Ito y FOUND 1/2" IRON 1 / LOT 13A M PIN (PLS 1627) I / 4.38 Acres Io 1 Z IC0 FOUND 1/2" IRON 4 LuLu % / I PIN (PLS 1627) 1 w (N89°28'27"E 165.00) I a. N 89° 26' 59" E 165.06' I c N o Q / eT /H m ;• / / Q g ,tip / :/ .....................25' BSL ................ ........... : 2p. 2S. y� �y� E /� EXIST. 10' SEWERAND UTILITY ESM'T I a !/ 2S 0p/M1 V�� A, / �' PLAT BOOK 24 -PAGE 84 / / FLOODPLAIN INFORMATION SUBJECT PROPERTY LIES IN ZONE X, AN AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOOD PLAIN AS % SHOWN ON FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO. 290458 0259 E, WHICH BEARS AN EFFECTIVE DATE OF / SEPTEMBER 29, 2011. (MAP NUMBER 29031CO259E) QS / 1641 zz � N = W 00 Z 00 � a O m GRAPHIC SCALE 0' 50" 100' 150' 200' CURVE DIMENSION TABLE NO. RADIUS DELTA LENGTH TANGENT CHORD BEARING 1 260.00 (260.00) 29° 39'40- 134.60 (134.60) 68.84 133.10 N 12° 55'38"W 2 20.00 (20.00) 680 34'59" 23.94 (23.94) 13.64 22.54 N 06° 32'02" E 3 52.00 (52.00) 130 56'58" 12.66 (12.66) 6.36 12.63 N 33° 51'03" E 4 591.79 (591.79) 020 36'33" 26.95 (26.94) 13.48 26.95 S 270 26'37w W 5 375.00 (375.00) 11* 54'41" 77.96 (77.96) 39.12 77.82 S 340 42' 14" W 6 260.00 (260.00) 380 46 22" 175.87 (175.87) 91.45 172.54 S 210 16'54w W PROPOSED 20' WIDE L p 7. ACCESS & UTILITY EASEMENT W oo OD / 3 4 // / b ry LOT 13 TO BE DEDICATED BY THIS PLAT m W W 6BS�.�� VER Mci IV 78- W,z8 10'45" 15. _ R o °25"/,y(1M 9) � �•��•... 40. FOUND 1/2" IRONCS i�\ \ et PIN (PLS 1627) \\\ I rco L ,q T B o \\\ I.• o 4 \\ \\ I W W 6t- A6'° m ;A6 9. •••\ co 1� LOT 14 /sTi�. `i''?!y �•� co •Q 3., � � '••. N N N NOW OR FORMERLY �9p 7&1 8 \ W w FIR5T COMMUNITY BANK e0��/� b`0 \� % 200 DOCUMENT NO. 2011-0035c[ r 1Toj \ 2F'�sFll �, Cr) N C 0 I 2121 Megan Drive \ B O Cape Girardeau, MO 63701 Ph 573 339 5900 Fax 573 339 1391 2 0 www.bowenengsurv.mm ENGINEERING & SURVEYING USP Consulting Engineers • Land Surveyors • Testing Laboratories Bowen Engineering & Surveying, P.C. Engineering Corporation - Missouri State Certificate of Authority #000383 Land Surveying Corporation - Missouri State Certificate of Authority #000166 / O4z z JPO Q wv0 Awa O W Okun OZz 2 m § z o STATE OF MISSOURI ) COUNTY OF CAPE GIRARDEAU)ss I SCOTTA. MEYER, CITY MANAGER HEREBY DECLARE THAT THE CITY HAS ELIMINATED THE EXISTING EASEMENTAS SHOWN ON THIS PLAT. IN WITNESS WHEREOF, SIGNED THIS -------- DAY OF ------------------------ 2014A.D. SCOTT A. MEYER, CITY MANAGER CITY OF CAPE GIRARDEAU, MO STATE OF MISSOURI COUNTY OF ) SS ON THIS -------------- DAY OF ..................................... A.D., 2014, BEFORE ME A NOTARY PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED SCOTTA. MEYER, CITY MANAGER OF THE CITY OF CAPE GIRARDEAU, MO KNOWN TO ME TO BE THE PERSON WHO EXECUTED THE RELEASE OF SAID EASEMENTAND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES THEREIN STATEDAS THE FREEACTAND DEED OF THE CITY. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL THIS ................... DAY OF --------------------------- A.D., 2014 NOTARY PUBLIC MY TERM EXPIRES FOUND 3" ALUMINUM MONUMENT COMMON CORNER TO SECTIONS 20 AND 21,T31 N,R14E N 549,251.177 E 1,108,108.420 NAD83, M.S.P.C. ZONE 2401 EAST U.S. SURVEY FEET S.F.=1.0000281 C.A.=00° 36'02.415" 21 --------- 3091 DRAWN BY: JAR CHECKED BY: RCB SCALE: 1" = 50' CAICE FILE: s14059.ZIP DATE: MAY 12, 2014 JOB NO. S14-059 514036.DGN SUBDIVISION DEDICATION WE, THE UNDERSIGNED, DARRYLAND BETTY MASCHMANN, HUSBAND AND WIFE, OWNERS OF A PART OF THE SOUTHEAST QUARTER, SECTION 20, TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF LOT 12 OF "DEEVERS FARM - PHASE I"AS RECORDED IN PLAT BOOK NO. 22 AT PAGE NO. 99 OF THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE, AND ALL OF LOT 13 OF "LOTS 13 AND 14 OF DEEVERS FARM - PHASE I" AS RECORDED IN PLAT BOOK NO. 24 AT PAGE NO. 84 DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 12, "DEEVERS FARM - PHASE I"; THENCE S 00° 32'51" E, 300.47 FEET ALONG THE EAST LINE OF LOT 12 TO THE NORTHEAST CORNER OF ATRACT OF LAND RECORDED IN BOOK NO. 5 A PAGE NO. 500; THENCE ALONG THE NORTH, WESTAND SOUTH LINES OF SAID TRACT THE FOLLOWING COURSES AND DISTANCES: S 89° 24'43" W, 165.05 FEET; THENCE S 00° 33' 04" E, 68.09 FEET; THENCE S 00° 33' 45" E, 154.01 FEET; THENCE N 89° 26' 59" E, 165.06 FEET TO A CORNER ON THE EAST LINE OF LOT 13, "LOTS 13 AND 14 DEEVERS FARM - PHASE I"; THENCE S 00° 27' 48" E, 389.70 FEET ALONG SAID EAST LINE TO THE MOST SOUTHERLY CORNER OF SAID LOT 13; THENCE N 46° 59'22" W, 380.20 FEET ALONG THE SOUTH LINE OF LOT 13; THENCE CONTINUING ALONG SAID SOUTH LINE OF LOT 13, N 78° 10' 45" W, 166.93 FEET TO THE EAST RIGHT OF WAY LINE OF WOODSIDE DRIVE, SAID POINT BEING THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 591.79 FEET, ACENTRALANGLE OF 020 36' 33" AND FROM WHICH A RADIAL LINE BEARS S 63° 51'40" E; THENCE IN A NORTHEASTERLY DIRECTION ALONG SAID CURVE AND RIGHT OF WAY LINE, 26.95 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 375.00 FEET AND A CENTRAL ANGLE OF 11 ° 54'41 "; THENCE IN A NORTHEASTERLY DIRECTION ALONG SAID CURVE AND RIGHT OF WAY 77.96 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 260.00 FEET AND A CENTRALANGLE OF 68° 25'02"; THENCE IN A NORTHEASTERLY AND NORTHWESTERLY DIRECTION ALONG SAID CURVE AND RIGHT OF WAY LINE, 310.47 FEET, TO THE BEGINNING OFA REVERSE CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 68° 34'59"; THENCE IN A NORTHWESTERLY AND NORTHEASTERLY DIRECTION ALONG SAID CURVE AND RIGHT OF WAY, 23.94 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 52.00 FEET AND A CENTRAL ANGLE OF 13° 56'58"; THENCE IN A NORTHEASTERLY DIRECTION ALONG SAID CURVE AND RIGHT OF WAY, 12.66 FEET TO THE SOUTHWEST CORNER OF LOT NO. 11, "DEEVERS FARM - PHASE 1"; THENCE N 58° 08'55" E, 393.25 FEET ALONG THE SOUTH LINE OF LOT 11 TO THE POINT OF BEGINNING, CONTAINING 4.38 ACRES, MORE OR LESS. HEREBY DECLARE THAT WE HAVE CAUSED SAID LAND TO BE SUBDIVIDED INTO A LOT AS NUMBERED AND DESIGNATED ON THIS PLAT, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, AND DO HEREBY ESTABLISH PERMANENT EASEMENTS FOR ACCESS AND UTILITIES AS SHOWN ON THIS PLAT, WHICH IS HEREBY NAMED, "MASCHMANN SUBDIVISION" IN WITNESS WHEREOF, SIGNED THIS ------------ DAY OF --------------------------- 2014, A.D. DARRYL MASCHMANN BETTY MASCHMANN STATE OF MISSOURI COUNTY OF ) ss BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTYAND STATE, PERSONALLY APPEARED, DARRYL MASCHMANN AND BETTY MASCHMANN, KNOWN TO ME TO BE THE PERSONS WHO EXECUTED THE WITHIN RECORD PLAT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME FOR THE PURPOSES THEREIN STATED AS THEIR FREE ACT AND DEED. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL THIS ................... DAY OF ........................... A.D., 2014 NOTARY PUBLIC MY TERM EXPIRES 1--------------------------------------------------------------- CITY CLERK OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI BY ORDINANCE NO. ---------------------- PASSED AND APPROVED THIS ---------- DAY OF --------------------------, 2014, A.D. CITY CLERK OF CAPE GIRARDEAU, MISSOURI FILED FOR RECORD STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU ) ss FILED FOR RECORD THIS ............ DAY OF -------------------------------- 2014A.D. AND DULY RECORDED IN DOCUMENT NO. SCOTT R. CLARK, CAPE GIRARDEAU COUNTY RECORDER OF DEEDS SURVEYOR'S CERTIFICATION THIS IS TO CERTIFY THATAT THE REQUEST OF DARRYL MASCHMANN THE TRACTS SHOWN HEREON WERE SURVEYED UNDER MY DIRECT SUPERVISION, AND THE RESULTS OF SAID SURVEY ARE REPRESENTED CORRECTLY ON THIS PLAT. SAID SURVEY WAS EXECUTED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS OF THE MISSOURI DEPARTMENT OF NATURAL RESOURCES, DIVISION OF GEOLOGYAND LAND SURVEY. THERE MAY EXIST OTHER DOCUMENTS THAT COULD AFFECT THIS PARCEL, OF WHICH AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. IN WITNESS WHEREOF, I HEREUNTO SET MY SEAL AND SIGNATURE THIS DAY OF .2014A.D. R. CHRISTOPHER BOWEN MO. P.L.S. #2232 CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Maschmann Subdivision LOCATION: Woodside Drive A record plat has been submitted to combine two lots on Woodside Drive. SEE STAFF REPORT FOR MORE DETAILS. 41 "Oor City Planner Date S Vi 4 A rix City Att ,qj� eDatey CITY XA- U0 REFERRAL TO THE PLANNING AND ZONING COMMISSION: ity Manager Planning & Zoning Commission RECOMMENDED A CTION.- Favor Oppose Abstain Trae Bertrand La L) Ll Larry Dowdy Lao, Ll Ll Jeff Glenn L) L) Ll Bill Hinckley J Lj Randy Kluge ar Lj 4!? VOTE COUNT: Favor COMMENTS: CITIZENS COMMENTING AT MEETING. - Ralph Maxton Scott McClanahan Doug Spooler Tom Welch 0— Oppose Date Favor Oppose Abstain Ld Q Ll J Ll J J L) (f) Abstain City Council Action 2nd rd Ordinance I" Reading Ordinance 2 & 3 Reading: ORDINANCE # Effective Date: Staff: Ryan Shrimplin, AICP - City Agenda: Planner 6/2/2014 SUBJECT An Ordinance approving the record plat of Humphrey Subdivision. EXECUTIVE SUMMARY The attached ordinance approves the record plat of Humphrey Subdivision. BACKGROUND/DISCUSSION A record plat has been submitted for Humphrey Subdivision, located at the southeast corner of Boulder Crest Drive and Silverthorne Trail. The subdivision is zoned R-1 (Single -Family Suburban Residential). The plat combines two lots into one lot. The easements shown are existing to remain, and meet the code requirements. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the record plat as submitted. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its May 14, 2014 regular meeting, recommended approval of the record plat with a vote of 8 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: ❑ Humphrey Subdivision.doc ❑ Humphrey Subdivision Map.pdf ❑ Application - Humphrey Subdivision.pdf ❑ 35357 - Humphrey Subd_4-28-14.0f ❑ Staff Review Referral Action Form.pdf Description: Ordinance - Humphrey Sub record plat Humphrey Subdivision - Map Humphrey Subdivision - Application Humphrey Subdivision - Record Plat Humphrey Subdivision - Staff RRA Form BILL NO. 14-76 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF HUMPHREY SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Humphrey Subdivision, being all of Lots 1 and 3 of Silverthorne Subdivision, a subdivision in the City and County of Cape Girardeau, Missouri, submitted by John Stewart Humphrey and Alejandra Humphrey, bearing the certification of Rodney W. Amos, a Registered Land Surveyor, dated April 28, 2014, 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 , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk Humphrey Subdivision •i . :2097 2087 2087 2087' : 2087 L 2087.2087 2077 '2 77r 0 �p 2077 r 2077.2077 2077• f r 2037 2037- 2077 2077 � 7 4 203 2037 t 2077' " 2037 2037 • 2067 `*A• 2067 "' 2037 2067 2067 ' • � 2061 2061 2067 2061 >< 2061 2061 G 6� 1989 ghwa y ' 1938 \ I $. :: .• ♦L - 1923 W E,► , 1 inch = 150 fee • - City of Cape Girardeau ., Division of Planning Services GIS Data 22 April 8, 2014 03 J �•Ir Legend Humphrey Subdivision Parcels Lot Line SUBDIVISION PLAT APPLICATION `'', f tai ;r CAPE CITY DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Name of Subdivision Humphrey Subdivision Applicant John Stewart Humphrey Type of Plat (Preliminary, Record, Boundary Adjustment) Record Plat Property Owner of Record(if other than Applicant) Same as Applicant Mailing Address City, State, Zip Mailing Address City, State, Zip 1938 Silverthorne Trail Cape Girardeau, MO 63701 Telephone Email Telephone Email (919) 491-1970 stewarthumphrey@mac.com Contact Person (If Applicant is a Business or Organization) (Attach additional owners information if necessary) Professional Engineer/ Surveyor Developer Rodney Amos ..................................................................................................................................................... John Stewart Humphrey Mailing Address City, State, Zip Mailing Address City, State, Zip 194 Coker Lane ......... .... ........................................................Telephone Cape Girardeau, MO 63701 1938 Silverthorne Trail Cape Girardeau, MO 63701 Email Telephone Email (573) 335-3026 ramos@koehlerengineering.com (919) 491-1970 ADDITIONAL ITEMS In addition to this application, the following items must be submitted: ZReview Fee (payable to City of Cape Girardeau) REQUIRED Single -Family and Two -Family Residential $18.00lot er $90.00 minimum p ( ) Multi -Family Residential $18.00 per dwelling unit ($90.00 minimum) Non -Residential $18.00 per acre ($90.00 minimum) Recording Fee Deposit (payable to City of Cape Girardeau — Record Plat or Boundary Adjustment only) 18" x 24" sheet size $44.00 24" x 36" sheet size $69.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) Three (3) full size copies of the plat (Preliminary Plat or Boundary Adjustment only) Four (4) full size copies of the plat (Record Plat only) One (1) reduced size (8-1/2" x 11") copy of the plat CERTIFICATION I certify that I am the Property Owner of Record, or an Agent authorized by the Property Owner to file this application on their behalf. I understand and acknowledge that any public improvements depicted on the plat shall be completed, or an escrow agreement executed, prior to City Council's acceptance of the record plat. /4�,_ 417.11"1 App icant Signa re Date OFFICE USE ONLY 4 - Date Received Planning & Zoning Commission Recommendation City Council Final Action rc By LJtf File Number Date Date Revised 6/18/2012 in a E S NORTH ORIENTATION FROM MISSOURI STATE PLANE COORDINATE SYSTEM 0+ O LEGEND = FOUND Yz" IRON ROD RECORD PLAT OF HUMPHREY SUBDIVISION ALL OF LOTS I AND 3 OF SILVERTHORNE SUBDIVISION, A SUBDIVISION IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI = SET Y2" IRON ROD = SUBDIVISION BOUNDARY LINE _ =ADJOINER PROPERTY LINE / =CENTERLINE VERNON RHODES SUBDIVISION / � PLAT BK. 19, PG. 93 N88'33'53'E = RIGHT OF WAY LINE N8091'14'E 76.75 EASEMENT LINES FROM / 4449' SILVERTHORNE SUBD.PLAT = BUILDING SETBACKS .......................... = FORMER LOT LINE FROM SILVERTHORNE SUBD. PLAT �G�t✓S i 2k�,4� NOTE: 1/2" RODS SET AT ALL LOT CORNERS, �O�j\�� UNLESS OTHERWISE INDICATED � 10.0' UTILITY / ' � EASEMENT 30.0' FRONT SETBACKS III R=20.00' L=31.42' - CH: 1141946'32"E, 26,28' 15.0' UTILITY EASEMENT 10.00' UTILITY LOT 1 \ LOT 3 z EASEMENT LOT 1 SILVERTHORNE c� �s� SILVERTHORNE SUBDIVISION \ �s 164 381 SF I ; N25'13'28"W \ \ PLAT BK. 21, PG 48 \ '• w� 42.51 \ \ f \\ OW, R=275.00' L=4254' 10.0' UTILITY 0MoA o-01*%. EASEMENT � CH: N29'39'21'W, 4250' \ N0 201 . �'. \ 30.0' FRONT \ SETBACKS 6.0' SIDE LOT 23 \ SILVERTHORNE SUBDIVISION PLAT BK. 21, PG. 46 \ 0 LOT 22 SILVERTHORNE SUBDIVISION PLAT BK. 21, PG. 46 SETBACKS x/65 Z �6 i s y'\ Ir 3.774 ACRES N39'42'11 "W 38.41' 6.0' SIDE SETBACKS 0" LOT 4 .aua w w n J �\� 10.0' UTILITY SILVERTHORNE 33.43' So'� \ EASEMENT SUBDIVISION PLAT BK. 21, 7 \ \ \ PG 46 N28W57'W 65.67' O\ \ NIf AND \ A o-1 \ DDC. NO LOT PLAT REFERENCE / ' / SILVERTHORNE SUBDIMSION PLAT BK. 21, PG. 46 SILVERTHORNE SUBDIVISION - PLAT BOOK 21, PAGE 46 GRAPHIC SCALE 60 0 30 60 120 ( IN FEET ) 1 inch = 60 ft. R --75.W L=3.64'J CH: N82 40'07*% 3.64' R=175.00' b CH: N7Y44'32'W, LOT 20 SILVERTHORNE SUBDIVISION z<o /2 PLAT BK. 21, PG. 46 N/FART At61 2 2;;_jO58 9� 10.0' UTILITY EASEMENT POINT OF BEGINNING NE CORNER LOT 1 LOT 2 SILVERTHORNE SUBDIVISION PLAT BK. 21, PG. 46 JOHN 5T 1pN V OW.to. 2009'10581 L-5.0- 10.0' ---5.0' 10.0' UTILITY �I SETBACKS EASEMENT _ // 6.00' SIDE SETBACKS '111 �. 30.0' FRONT / SETBACKS 10.0' UTIL ESMT // / LOT 19 SILVERTHORNE SUBDIVISION PLAT BK. 21, PG. 46 LOT 5 SILVERTHORNE SUBDIVISION / PLAT BK. 21, PG. 46 ow AND Otti DOC NCO. 2D%4-OOO IF SUBDIVISION NOTES LOT SIZES TOTAL NUMBER OF LOTS. 1 MINIMUM LOT SIZE. 164,381 SQ. FT. (3.774 ACRES) MAXIMUM LOT SIZE: 164,381 SQ. FT. (3.774 ACRES) ZONING R-1(SINGLE FAMILY SUBURBAN RES. DIST.) BUILDING SETBACKS FOR R-1 ZONING FRONT SETBACKS. 30 FEET REAR SETBACKS: 25 FEET SIDE SETBACKS., 6 FEET RECORD OWNER JOHN STEWART AND ALEJANDRA HUMPHREY DOCUMENT NO. 2009-10562 DOCUMENT NO. 2010-01954 DEVELOPER OF SUBDIVISION AND PLAT PREPARED FOR: JOHN STEWART HUMPHREY 1938 SILVERTHORNE TRAIL CAPE GIRARDEAU, MO 63701 (919) 491-1970 PLAT PREPARED BYAND LAND SURVEYING SERVICES PROVIDED BY: KOEHLER ENGINEERING AND LAND SURVEYING, INC. 194 COKER LANE CAPE GIRARDEAU, MO 63701 (573) 335-3026 FLOODPLAIN NOTE NO PORTION OF THE PROPERTY FALLS WITHIN THE 100 YEAR FLOODPLAIN, AS INDICATED ON THE FLOOD INSURANCE RATE MAP NUMBER 29031CO254 WITH AN EFFECTIVE DATE OF SEPTEMBER 29, 2011. THIS SURVEY OF A TRACT OF URBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN THE STATE OF MISSOURI AS MADE EFFECTIVE OCTOBER 30, 2003. SUBDIVISION DEDICATION The undersigned, John Stewart Humphrey and Alejandra Humphrey, owners in fee of Lots 1 and 3 of Silverthorne Subdivision, a subdivision on file in the land records of Cape Girardeau County Missouri in Plat Book 21 at Page 46, in the City and County of Cape Girardeau, State of Missouri described as follows: Begin at the Northeast corner of said Lot 1 of Silverthome Subdivision; thence with the East line of said Lot 1, South 00046'54" East, 340.04 feet; thence South 21058'30" West, 242.31 feet to a point on the North Right of Way of Silverthorne Trail; thence leaving said East line and with said North Right of Way line along the arc of a non -tangent curve to the Northwest, being concave to the Southwest, having a radius of 175.00 feet, a distance of 63.02 feet (the chord of said arc bears North 73044'32" West, 62.68 feet); thence along the am of a reverse curve to the right, having a radius of 75.00 feet, a distance of 3.64 feet (the chord of said aro bears North 82"40'07" West, 3.64 feet) to the Southwest comer of said Lot 1; thence leaving said North Right of Way line and with the West line of said Lot 1, North 01'19'05" East, 128.64 feet; thence North 28°30'57" West, 65.67 feet; thence South 89°13'06" West, 33.43 feet; thence North 39042'11" West, 95.93 feet to the Southeast corner of said Lot 3 of Silverthorne Subdivision; thence leaving said West line and with the South line of said Lot 3, South 55°54'46" West, 162.65 feet to the East Right of Way line of Silverthome Trail; thence leaving said South line and with said East Right of Way line, North 34°05'14" West, 139.74 feet; thence along the am of a curve to the right having a radius of 275.00 feet, a distance of 42.54 feet (the chord of said am bears North 29°39'21" West, 42.50 feet); thence North 25013'28" West, 42.57 feet; thence along the arc of a curve to the right having a radius of 20.00 feet, a distance of 31.42 feet (the chord of said arc bears North 19046'32" East, 28.28 feet) to a point on the South Right of Way line of Boulder Crest Drive; thence leaving said East Right of Way line and with said South Right of Way line, North 64°46'32" East, 176.26 feet to the Northwest comer of said Lot 1; thence North 72009'38" East, 247.41 feet; thence North 80°1114" East, 44.49 feet; thence North 88°33'53" East, 76.75 feet to the point of beginning and containing 164,381 square feet, 3.774 acres, more or less, being subject to any easements of record, do hereby subdivide said tract into lots as shown hereon, and we do hereby dedicate the easements shown hereon to the public use forever, and we do hereby name said subdivision "HUMPHREY SUBDIVISION". John Stewart Humphrey Alejandra Humphrey STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU On this day of , 2014, before me, a Notary Public for said County and State, appeared John Stewart Humphrey and Alejandra Humphrey, to me known to be persons described in, and who executed the foregoing instrument and who acknowledged that they executed the same as their free act and deed. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this day of A.D., 2014. My commission expires Notary Public I, , City Clerk of the City of Cape Girardeau, Missouri, hereby certify that this plat was approved by the City of Cape Girardeau, Missouri, by Ordinance No. , passed and approved this _ day of A.D., 2014. City Clerk Filed for record this day of , A.D., 2014, in Document Number Scott R. Clark, Recorder of Deeds Caoe Girardeau Countv. Missouri CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Humphrey Subdivision LOCATION: Silverthorne Trail/ Boulder Crest Drive A record plat has been submitted to combine two lots on Silverthorne Trail. SEE STAFF REPORT FOR MORE DETAILS. City Planner 'r "J City Aa=ey Date Date CITY AL41VAGER RAL TO THE PLANNING AND ZONING COMMISSION: ity Manager Planning &Zoning Commission RECOMMENDED A CTION.- C0UAJFVTN- Ralph Maxton Scott McClanahan Doug Spooler Tom Welch Oppose Date Favor Favor Oppose Abstain Trae Bertrand d U L) Larry Dowdy A Lj J Jeff Glenn Ll L) J Bill Hinckley ur'" L3 J Randy Kluge J VOTE COUNT: Favor C0UAJFVTN- Ralph Maxton Scott McClanahan Doug Spooler Tom Welch Oppose Date Favor Oppose Abstain J 0 La" J Lj L) Ll Lj L) Abstain City Council Action Ordinance I" Reading, --4 i ci 1 4(+ Ordinance 2nd & 3 rd Reading: ORDINANCE # Effective Datel Staff: Ryan Shrimplin, AICP - City Agenda: Planner 6/2/2014 SUBJECT An Ordinance approving the record plat of Resubdivision of Lot 20 & Common Ground of Baldwin Place Phase II. EXECUTIVE SUMMARY The attached Ordinance approves the record plat of Resubdivision of Lot 20 & Common Ground of Baldwin Place Phase II. BACKGROUND/DISCUSSION A record plat has been submitted for Resubdivision of Lot 20 & Common Ground of Baldwin Place Phase II, located on Autumn Leaf Drive. The subdivision is zoned R-3 (High Density Single -Family Residential). The plat reconfigures one duplex lot and one common ground lot. The existing sewer and utility easement centered on the lot line to be removed is proposed to be eliminated. All other easements are existing to remain, and meet the code requirements. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the record plat as submitted. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its May 14, 2014, regular meeting, recommended approval of the record plat with a vote of 8 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: Description: ❑ Resub Lot 20 Common Ground Baldwin PI Phase Il.doc Ordinance- Baldwin II record plat ❑ Map - Baldwin_ Place_ Phase II Resub of Lot 20.pdf Resub Lot 20 & CG Baldwin Place II - Map ❑ Application - Baldwin Place Phase II Resub of Lot 20 Common Ground.pdf Resub Lot 20 & CG Baldwin Place II - Application ❑ Record Plat (Revised)pdf Resub Lot 20 & CG Baldwin Place II - Record Plat ❑ Staff Review Referral Action Form.pdf Resub Lot 20 & CG Baldwin Place 11 - Staff RRA Form BILL NO. 14-77 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF RESUBDIVISION OF LOT 20 & COMMON GROUND OF BALDWIN PLACE PHASE II BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Resubdivision of Lot 20 & Common Ground of Baldwin Place Phase II, a subdivision being part of United States Private Survey No. 790, Township 31 North, Range 13 East, of the Fifth Principal Meridian, in the City of Cape Girardeau, County of Cape Girardeau, State of Missouri, submitted by Meyr Properties, IT, and the City of Cape Girardeau, MO, bearing the certification of Rodney W. Amos, a Registered Land Surveyor, dated May 6, 2014, 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 , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk Resubdivision of Lot 20 & Common Ground of Baldwin Place Phase II � '41 N W E S 0 30 60 120 Feet I I I I I I I I j i' -1 WPFV t `► ewb. • -- t Summerfield W - ay � L r i • r �> CU 00 Owl Iwo I • A► • J AUtum Leaf prive ` Ilya A City of Cape Girardeau Division of Planning Services GIS Data April 25, 2014 • I Legend Property to be subdivided Parcels SUBDIVISION PLAT APPLICATION v ..CITY Of CAPE GIRARDEAU -6327 DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU MO 63703 (573) 339 Name of Subdivision Type of Plat (Preliminary, Record, Boundary Adjustment) Resubdivision of Lot 20 & Common Ground of Baldwin Place Phase 11 Record Plat Applicant Property Owner of Record (if other than Applicant) Meyr Properties LP Mailing Address City, State, Zip Mailing Address City, State, Zip 966 County Road 616 Jackson/MO/63755 Telephone Email Telephone Email (573) 225-9901 : Contact. Person(1fApplicant-is a:B*us*iness:o:r:Organization) ,,, Attach additional owners information if necessary) ,Ryland *.'!Dutch" 'Meyr, General,Rartner' Professional Engineer/ Surveyor Developer Koehler Engineering & Land Surveying, Inc. . .................................. ............................................................. . .................... ................... ................................................................................................................... Meyr Properties LP Mailing Address City, State, Zip Mailing Address City, State, Zip 194 Coker Lane Cape Girardeau, MO 63701 ......... I ......................................................................... ....... 966 County Road 616 Jackson/MO/63755 Telephone Email ...... __ ........... ...... ........................ ............. Telephone Email (573) 335-3026 tgramling@koehlerengineering.com 1(573) 225-9901 ADDITIONAL ITEMS in addition to this application, the following items must be submitted: REQUIRED 1E Review Fee (payable to City of Cape Girardeau) Single -Family and Two -Family Residential $18.00 -per lot ($90.00 minimum) Multi -Family Residential $18.00 per dwelling unit ($90.00 minimum) Non -Residential $18.00 per acre ($90.00 minimum) F6—/] Recording Fee Deposit (payable to City of Cape Girardeau — Record Plat or Boundary Adjustment only) 18 x 24" sheet size $44.00 24 x 36" sheet size $69.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) Three (3) full size copies of the plat (Preliminary Plat or Boundary Adjustment only) ✓ Four (4) full size copies of the plat (Record Plat.only) ✓ One (1) reduced size (8-1/2" x 11") copy of the plat CERTIFICATION OFFICE USE ONLY Date Received 4 —a 8 14— By Planning & Zoning Commission Recommendation City Council Final Action Date Date File Number Revised 6/18/2012 - RECORD PLAT OF RESUBDIVISION OF LOT 20 Sc COMMON GROUND NORTH ORIENTATION FROM MISSOURI STATE PLANE COORDINATE SYSTEM GRID NORTH GRAPHIC SCALE ( IN FEET ) 1 inch = 30 ft. TES LOT SIZES NO. OF LOTS = 2 TOTAL SUBDIVISION AREA: 30,204 SQ. FT. (0.693 ACRES) SMALLEST LOT SIZE: 8,859 SQ. FT (0.20 ACRES) LARGEST LOT SIZE: 21,345 SQ. FT (0.49 ACRES) ZONING NOTE & SETBACKS All lots are currently zoned R-3, Single Family Suburban Residential District Front Yard = 20 feet Side Yard = 3 feet Rear Yard = 20 feet FLOODPLAIN NOTE This is to certify that I have examined the F.I.R. M. maps on file in the office of the Cape Girardeau County Highway Department in Cape Giradeau, Missouri, and have determined that the tract shown hereon is not within the floodplain as determined on community panel no. 29031C 0163 E with an effective date of September 29, 2011. OWNERS AND DEVELOPERS OF SUBDIVISION AND PLAT PREPARED FOR: Meyr Properties LP C/O: Ryland "Dutch" Meyr 966 County Road 616 Jackson, MO 63755 Ph: (573) 225-9901 PLAT PREPARED BY AND ENGINEERING AND LAND SURVEYING SERVICES PROVIDED BY: KOEHLER ENGINEERING AND LAND SURVEYING, INC. 194 COKER LANE CAPE GIRARDEAU, MO 63701 (573) 335-3026 OF BALDWIN PLACE PHASE II PART OF UNITED STATES PRIVATE SURVEY NO. 790, TOWNSHIP 31 NORTH, RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF CAPE GIRARDEAU, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI. LOT 14 PALDWIN PLACE PHASE I DOGLMENT NO. 2011-05418 3' SIDE SETBACK (TYP) LOT 14 6A-PWIN PLACE PHASE II DOCUMENT NO. W14-OU19 I _ ORIGINAL SOUTH LINE O LOT 20 — — — — ORIGINAL SOUTH\ LINE OF,COMMrN GROUND 48.259 -7'\� 10' WIDE SEWER & S94rJ7,40-E 20'FRONT — — 20' RENR \ �� k // \ UTIL ESMT. SETBACK V I It LOT 13 DELTA 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUNTY CHORD LENGTH POINT OF KPWIN PLACE PHASE I 131.76 Begin at the Southwest Corner of Lot 13 of Baldwin Place Place Phase I, as shown by 14510'48" BEGINNING DOGLMENT NO. 2011-05418 I 99.15 14'06'03" East, 187.36 feet; thence South 84'57'40" East, 87.49 feet; thence North SW CORNER 05'02'20" East, 110.95 feet; thence along the arc of a non—tangent curve to the 84.80' Northwest, having a radius of 52.00 feet, a distance of 230.91 feet (the chord of said EXISTING UTILITY EASEMENTS LOT 13 BALDWIN 1❑ TO BE ELIMINATED BY THIS thence North 05'02'20" East, 127.01 feet; thence North 84'57'40" West, 140.00 feet to I the point of beginning and containing 0.693 acres, more or less, do hereby declare that PLACE PHASE I we have caused said land to be subdivided into lots as shown and designated hereon, and I \ ' 1 N84'57'40"W0 140.0 20' REAR SETBACK hereon, and we do hereby dedicate the set out easements to the public use forever. IN WITNESS WHEREOF, I hereunto set my hand this _ _ day of _ _, A.D., \ (TYP) 10' E SEWER \ \ \I - - - - - --- - - - --- — — — UTIL•ESMWTR& IA i m ----- ---------- Z> \ I 3 i V I AV LOT #20 ^ a- ii 21,345 SQ. FT. A\ i �W aD i 0.49 AC fn V N N 2 20' REAR SETBACK (TYP) G 2D ODEZ 20 Ex\SZ N ENS SEAR I I I \� LOT 14 PALDWIN PLACE PHASE I DOGLMENT NO. 2011-05418 3' SIDE SETBACK (TYP) LOT 14 6A-PWIN PLACE PHASE II DOCUMENT NO. W14-OU19 I _ ORIGINAL SOUTH LINE O LOT 20 — — — — ORIGINAL SOUTH\ LINE OF,COMMrN GROUND 48.259 -7'\� 10' WIDE SEWER & S94rJ7,40-E 20'FRONT — — 20' RENR \ �� k // \ UTIL ESMT. SETBACK V I Ryland Ruben "Dutch" Meyr General Partner Meyr Properties LP STATE OF MISSOURI ICOUNTY OF CAPE GIRARDEAU On this ______ day of __________, A.D. 20_, before me a Notary Public for said County and State, personally appeared Ryland Ruben "Dutch" Meyr, General I Partner of Meyr Properties LP, who is authorized to execute the foregoing instrument and acknowledged said instrument to be the free act and deed of said Partnership. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this __ day of --------- A.D. 20 -- My term expires Notary Public IScott A. Meyer City Manager City of Cape Girardeau. MO STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU AUTUMN LEAF DRIVE - 50' R/W NOW OR FOMERLY V I \ MEYR PROPERTIES, LP DOGLMENT N0. 7007-00514 DOGLMENT N0. ZOOPr03063069 � LN 0 LOT 21 *o A • 8`�0,�, $A-PWIN PLACE PHASE II �8?• \ 10' WIDE SEWER & DOGLMENT NO. W14-02619 V Q UTIL. ESMT. C1 obi AL1 V A \ COMMON o GROUND LEGEND \ \ \ LIND N \ 8,859 SQ. FT. N id & 0.20 AC Q td SDE SER C 0 = FOUND IRON ROD U.RI. ESM \ \ \ Z 1 {�} =FOUND J" IRON ROD \ \ \ 10' WIDE SEWER & O = SET IRON ROD UTIL. ESMT. CENTERLINE '57 407E = ADJACENT PROPERTY LINE E 87.49 — — = RIGHT OF WAY LINE BOUNDARY LINE CURVE TABLE WE THE UNDERSIGNED MEYR PROPERTIES LP & THE CITY OF CAPE GIRARDEAU, MISSOURI, LENGTH OWNERS IN FEE OF THAT PART OF UNITED STATES PRIVATE SURVEY NO. 790, IN TOWNSHIP DELTA 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUNTY CHORD LENGTH OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 131.76 Begin at the Southwest Corner of Lot 13 of Baldwin Place Place Phase I, as shown by 14510'48" plat thereof recorded in Document Number 2011-05418 of the Land Records of Cape 99.24' Girardeau County, Missouri; thence South 08'17'01" West, 127.21 feet; thence South 99.15 14'06'03" East, 187.36 feet; thence South 84'57'40" East, 87.49 feet; thence North 10915'05" 05'02'20" East, 110.95 feet; thence along the arc of a non—tangent curve to the 84.80' Northwest, having a radius of 52.00 feet, a distance of 230.91 feet (the chord of said EXISTING UTILITY EASEMENTS arc bears North 32'03'54" West, 82.82 feet; thence South 84057'40" East, 48.25 feet; 1❑ TO BE ELIMINATED BY THIS thence North 05'02'20" East, 127.01 feet; thence North 84'57'40" West, 140.00 feet to the point of beginning and containing 0.693 acres, more or less, do hereby declare that PLAT we have caused said land to be subdivided into lots as shown and designated hereon, and we have named said subdivision "RESUBDIVISION OF LOT 20 & COMMON GROUND OF ' 1 BALDWIN PLACE PHASE II", and we do hereby establish permanent easements as shown I hereon, and we do hereby dedicate the set out easements to the public use forever. IN WITNESS WHEREOF, I hereunto set my hand this _ _ day of _ _, A.D., 20_— I Ryland Ruben "Dutch" Meyr General Partner Meyr Properties LP STATE OF MISSOURI ICOUNTY OF CAPE GIRARDEAU On this ______ day of __________, A.D. 20_, before me a Notary Public for said County and State, personally appeared Ryland Ruben "Dutch" Meyr, General I Partner of Meyr Properties LP, who is authorized to execute the foregoing instrument and acknowledged said instrument to be the free act and deed of said Partnership. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this __ day of --------- A.D. 20 -- My term expires Notary Public IScott A. Meyer City Manager City of Cape Girardeau. MO STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU AUTUMN LEAF DRIVE - 50' R/W NOW OR FOMERLY V I \ MEYR PROPERTIES, LP DOGLMENT N0. 7007-00514 DOGLMENT N0. ZOOPr03063069 � LN 0 LOT 21 *o A • 8`�0,�, $A-PWIN PLACE PHASE II �8?• \ 10' WIDE SEWER & DOGLMENT NO. W14-02619 V Q UTIL. ESMT. C1 obi AL1 V A \ COMMON o GROUND LEGEND \ \ \ LIND N \ 8,859 SQ. FT. N id & 0.20 AC Q td SDE SER C 0 = FOUND IRON ROD U.RI. ESM \ \ \ Z 1 {�} =FOUND J" IRON ROD \ \ \ 10' WIDE SEWER & O = SET IRON ROD UTIL. ESMT. CENTERLINE '57 407E = ADJACENT PROPERTY LINE E 87.49 — — = RIGHT OF WAY LINE BOUNDARY LINE CURVE TABLE CURVE / LENGTH RADIUS DELTA CHORD DIRECTION CHORD LENGTH C1 131.76 52.00 14510'48" S86' 41' 27"E 99.24' C2 99.15 52.00 10915'05" S4V 31' 30"W 84.80' LINE TABLE LINE # DIRECTION LENGTH L1 S75' 53' 57"W 24.34' UTILITY EASEMENT - SETBACK LINE = ORIGINAL LOT LINE — — = ORIGINAL EASEMENT LINE 1/2" IRON RODS SET AT ALL CORNERS UNLESS OTHERWISE NOTED On this ______ day of __________, A.D. 20_, before me a Notary Public for said County and State, personally appeared Scott A. Meyer, who is authorized to execute the foregoing instrument. IN WITNESS WHEREOF, I hereunto set by hand and affix my official seal this day of A.D. 20_— My term expires Notary Public I, City Clerk of the City of Cape Girardeau, Missouri, hereby certify that this plat was approved by the City of Cape Girardeau, Missouri, by Ordinance No. --__, passed and approved this -- day of _—___--_—, A.D., 20_- ------------------- City Clerk Filed for record in the office of the County Recorder of Cape Girardeau County, Missouri, in Document No. at Jackson, Missouri, on the -- day of A.D., 20___ Scott R. Clark, County Recorder THIS SURVEY OF A TRACT OF SUBURBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN THE STATE OF MISSOURI AS MADE EFFECTIVE OCTOBER 30, 2003. CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Resub. Of Lot 20 & Common Ground LOCATION: Autumn Leaf Drive of Baldwin Place Phase 11 STAFF REVIEW & COMMENTS: A record plat has been submitted to reconfigure two lots along Autumn Leaf Drive. SEE STAFF REPORT FOR MORE DETAILS. s'�sLL � City PlannW Date A City ktto Date CITY At4NAj2ER REFERRAL TO THE PLANNING AND ZONING COMMISSION: er Date RECOMMENDED A CTION.- Favor Oppose Abstain Trae Bertrand F-1 Larry Dowdy ❑ F1 Jeff Glenn Lj j F1 Bill Hinckley 0` L) Ll Randy Kluge 21 Li J VOTE COUNT: It Favor C0UUFNTS - CITIZENS COMMENTING AT MEETING. - Ralph Maxton Scott McClanahan Doug Spooler Tom Welch 6 Oppose Favor Oppose Abstain F1 ❑ La", Ll La" L:j 2 Ll J Abstain Ordinance I" Reading I' Cf Ordinance 2nd & 3 rd Reading: ORDINANCE # Effective Datel Staff: Ryan Shrimplin, AICP - City Agenda: Planner 6/2/2014 SUBJECT An Ordinance approving the record plat of Williamsburg Phase 1. EXECUTIVE SUMMARY The attached Ordinance approves the record plat of Williamsburg Phase 1. BACKGROUND/DISCUSSION A record plat has been submitted for Williamsburg Phase 1, located on Perryville Road, south of Lakeshore Drive. The subdivision is zoned R-1 (Single -Family Suburban Residential). The plat consists of eight single- family lots and dedicated right-of-way for two public streets (Williamsburg Drive and Liberty Court). The required 10 foot wide utility easement is shown adjacent to the front and rear lot lines. The record plat conforms to the preliminary plat that was approved by the City Council on March 19, 2012. The developer recently completed street, storm sewer, sanitary sewer, and water line improvements, portions of which are in Phase 1. A motion accepting the improvements is on this agenda as a separate item. An ordinance accepting easements for the portions that are outside of Phase 1 is also on this agenda. Easements for the portions that are in Phase 1 are included on the record plat. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the record plat as submitted. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its May 14, 2014, regular meeting, recommended approval of the record plat with a vote of 8 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: ❑ Williamsburg_ Phase 1 Plat.doc ❑ Wlliamsbung Phase I Map.pdf ❑ Application — Williamsburg _Phase l.pdf ❑ WILLIAMSBURG_PHASE 1 RECORD_ PLAT_REVISED.pdf ❑ Staff Review Referral Action Form.pdf Description: Ordinance - Wflliamsbug record plat Williamsburg Phase 1 - Map Williamsburg Phase 1 -Application Williamsburg Phase 1 - Record Plat Williamsburg Phase 1 - Staff RRA Form BILL NO. 14-78 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF WILLIAMSBURG PHASE 1 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Williamsburg Phase 1, a subdivision being part of United States Private Survey No. 2198, Township 31 North, Range 13 East of the Fifth Principal Meridian, in the City and County of Cape Girardeau, State of Missouri, submitted by Brandon O. Williams Development, LLC, bearing the certification of Brian W. Strickland, a Registered Land Surveyor, dated May 8, 2014, 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 , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk Williamsburg Phase I Subdivision Ni W E S �. 0 45 90 180 Feet I I I I I I I I I City of Cape Girardeau Division of Planning Services GIS Data April 14, 2014 Legend Williamsburg Phase I Parcels SUBDIVISION PLAT APPLICATION '. CITY Of CAPE GIRARDEAU •'� DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Name of Subdivision Type of Plat (Preliminary, Record, Boundary Adjustment) Williamsburg Phase 1 Record Plat Applicant Property Owner of Record (if other than Applicant) Brandon O. Williams Development, LLC. Mailing Address City, State, Zip Mailing Address City, State, Zip 2691 Prairie Lane Cape Girardeau, MO Telephone Email TelephoneEmail 573-335-3382 Contact Person (If Applicant is a Business or Organization) (Attach additional owners information if necessary) Brandon Williams Professional Engineer/ Surveyor Developer Brian Strickland Brandon O. Williams Development, LLC. Mailing Address City, State, Zip (Jackson, Mailing Address City, State, Zip 113 W. Main, Suite 1 MO 63755 2691 Prairie Lane Cape Girardeau, MO 63703 Telephone Email Telephone Email 573-243-4080 bstrick@stricklandengineering.com 573-335-3382 ADDITIONAL ITEMS In addition to this application, the following items must be submitted: REQUIRED 0✓ Review Fee (payable to City of Cape Girardeau) Single -Family and Two -Family Residential $18.00 per lot ($90.00 minimum) Multi -Family Residential $18.00 per dwelling unit ($90.00 minimum) Non -Residential $18.00 per acre ($90.00 minimum) �✓ Recording Fee Deposit (payable to City of Cape Girardeau — Record Plat or Boundary Adjustment only) 18" x 24" sheet size $44.00 24" x 36" sheet size $69.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) Three (3) full size copies of the plat (Preliminary Plat or Boundary Adjustment only) ✓ Four (4) full size copies of the plat (Record Plat only) ✓ One (1) reduced size (8-1/2" x 11") copy of the plat CERTIFICATION I certify that I am the Property Owner of Record, or an Agent authorized by the Property Owner to file this application on their behalf. I understand and acknowledge that any public improvements depicted on the plat shall be completed, or an escrow agreement executed, prior to City Council's acceptance of the record plat. Applicant Signature Date OFFICE USE ONLY Date Received _ By File Number Planning & Zoning Commission Recommendation Date City Council Final Action Date Revised 6/18/2012 ,rh — w ; :. •�z �i ��m mum T n t• J tip w a o cy ryzz$"ei-.,� oc =V� a �3 3 : w U C Q m Lu 15 ZD LU W J Irz Y z x EFgb^oma <$ {J oW� - a o j{JII z s f e3er 4o€r °yy� 1 rHoB 7 �^ � oom� ilf 1, iW rff ► 1 - r 1 ¢az i t e �otl • ��w � i[ �.. i ESS$ I 8 1 YRS On i Q Ry OV0213�1I�Ab2f3d — —� F R: s li •� [� C _N u z� m � gg 3ue e 5r i P ' 010=8°'^ 'I 7 g -Fa` F 56a�o%�ey f _ !. WS ne d� -- alp_ �nY� �`• ��E€b Sd `188r I 2 —__-i -- 00o uu__ PC a 31 �= o� � ��a00000®®sa=E � � � � _ • fi¢ 1 f= C 5 l r 0 e x r �}} Ila e r; T S C C i f A; f i': Yi;if=�ri3H�3M i YYklef fno ofk8f f �fFCfQy:Yt^RC a•aaaeaEaaB ffm -/V C9 NORTH BASIS MISSOURI STATE PLANE COORDINATE SYSTEM 1983 EAST ZONE 40 0 40 80 REFERENCES 1. DOC. NO. 2010-00222 (SUBJECT) 2. BOOK 910, PAGE 345 (EASEMENTS TO CITY OF CAPE GIRARDEAU) 3. BOOK 910, PAGE 342 (RIGHT-OF-WAY TO CITY OF CAPE GIRARDEAU) 4. LAKEVIEW ESTATES 1ST ADDITION PLAT BOOK 6 PAGE 46 5. LAKEVIEW ESTATES 3RD ADDITION PLAT BOOK 7 PAGE 3 6. LAKEVIEW ESTATES 5TH ADDITION PLAT BOOK 7 PAGE 30 7. LAKEVIEW ESTATES 6TH ADDITION PLAT BOOK 9 PAGE 3 B. LAKEVIEW ESTATES 7TH ADDITION PLAT BOOK 11 PAGE 28 9. ARBOR HEIGHTS 1ST ADDITION PLAT BOOK 21 PAGE 67 10. ARBOR HEIGHTS 2ND ADDITION PLAT BOOK 21 PAGE 90 11. ARBOR HEIGHTS 5TH ADDITION PLAT BOOK 24 PAGE 43 12. SAN DANGARO 5TH PLAT BOOK 16 PAGE 61 22.00' 13. BOOK 199, PAGE 332 C6 14. BOOK 5, PAGE 773 N21' 30' 10"W ZONING CLASSIFICATION 'R-1" SINGLE-FAMILY SUBURBAN RESIDENTIAL DISTRICT WILLIAMSBURG PHASE I N0. OF LOTS = 8 LARGEST LOT SIZE 14,108 SQ. FT. SMALLEST LOT SIZE 10,108 SQ. FT. BUILDING SETBACKS (FOR R-1 ZONING) 30' FRONT SETBACKS 25' REAR SETBACKS 6' SIDE SETBACKS ACCURACY STANDARD: TYPE SUBURBAN LEGEND 1. 1/2" IRON ROD (SET) 2. 5/8" IRON ROD W/ALUM CAP (SET) 3. IRON ROD W/CAP (FOUND) 4. Q IRON ROD (FOUND) 5. Q IRON PIPE 6. ///� STONE 7. COTTON PICKER SPINDLE 8. CHISELED CROSS 9. ® AXLE 10. ALUMINUM MONUMENT 11. Q RIGHT-OF-WAY MARKER 12. (M) MEASURED 13. (R) RECORDED PROPERTY BOUNDARY LINE RIGHT-OF-WAY LINE EASEMENT LINE BUILDING SETBACK LINE C EASEMENT AREA RESTRICTIONS LOTS I, 2, AND 3 SHALL FRONT ON LIBERTY COURT -i s L p J FLOODPLAIN NOTE NO LOTS IN THE SUBDIVISION ARE LOCATED WITHIN A FLOOD HAZARD ZONE AS SHOWN ON THE FLOOD INSURANCE RATE MAP, COMMUNITY PANEL 290458 0003 B FOR THE CITY OF CAPE �GIRARDEAU, MISSOURI. SURVEYORS NOTE 1/2" IRON RODS WITH PLASTIC CAP SET AT ALL LOT CORNERS UNLESS OTHERWISE NOTED. PARCEL LINE TABLE Line # Direction Length Li N86'13'04"W 12.01' L2 S86'13'04"E 10.97' L3 N88'04'17"E 11.02' LOT ANNA M. SANDERS TRUST DOC, NO. 2011-11540 5' OFFSET I LAKEVIEW ESTATES \ SU501VISION NO. I PLAT BOOK 6 PAGE 46 I \ LOT 2 I ANNA M. SANDERS TRUST DOC. NO. 2011-11840 I \ I10' WIDE UTILITY EASEMENT 151.41' --� EXISTING 20 WIDE WALL AND SANITARY - - -SEWER-EASEMENT w 25' BUILDING M 25' BUILDING o _ _�� SETBACK O SETBACK F^ -- - LOT 3 / z 5' OFFSET 14005 SQ FT \ LOT 4 0.32 ACRES i 14108 SQ FT 0.32 ACRES G I m I 30' BUILDING � SETBACK `� 886'13'04 E 25.47 10' WIDE UTILITY - 52.00' EASEMENT 886'13'04 E I 1 � I \ 30' BUILDING o LOT 2 SETBACK G,�o m 10543 SQ FT V 0.24 ACRES C LOT 5 10343 SQ FT V I 6 0.24 ACRES � I 6' BUILDING w I SETBACK n 6' BUILDING 88 _ "� `O I L SETBACK 6' 31 04 E 1 O � "� I F- U1 Z S86 13 04"E 20' WIDE UTILITY I 0 EASEMENT I !Z' � I 1 W I 25' BUILDING wl O] 1 SETBACK LOT I wl 0 12718 SQ FT �� o 0.29 ACRES LOT 6 00 ri 12496 SQ FT ~� 25' BUILDING zl I n ro SETBACK 1 Z 25.00' L30' BUILDING _ SETBACK 186'13'04"E _ 100.11' 30.00' 10' WIDE UTILITY EASEMENT -+ - WILLIAMSBURG DRIVE R/ RVAIES - 30.00' 0.29 ACRES I I 30' BUILDING -+ 25.00' I SETBACK Vj \c,2AW -186 13'04"E 98.00' 25.00 10' WIDE UTILITY- EASEMENT 25.00' _ L3 Mff7E 84.50' __j S86'13 POINT OF BEGINNING 30' BUILDING SETBACK 61 N3°472.62' - � 72.62' 1 1 LOT 7 10108 SQ FT 0.23 ACRES � 6' BUILDING I 01 SETBACK - - Curve Table Curve # Length Radius Chord Direction Chord Length C1 349.82' 770.00' N13' 42' 08"W 346.82' C2 60.06' 770.00' N1' 32' 51"E 60.05' C3 76.51' 603.00' NO' 08' 50"E 76.46' C4 18.85' 175.00' S89' 18' 14"E 18.84' C5 34.56' 22.00' N48' 46' 56"E 31.11' C6 19.42' 22.00' N21' 30' 10"W 18.79' C7 51.99' 52.00' N18' 08' 38"W 49.85' C8 75.57' 52.00' N52' 07' 5YE 69.09' C9 75.60' 52.00' S44' 35' 11"E 69.12' C10 51.99' 52.00' S25' 42' 29"W 49.85' C11 19.42' 22.00' S29' 04' 02"W 18.79' C12 34.56' 22.00' S41' 13' 04"E 31.11' C13 22.73' 225.00' S89' 06' 45"E 22.72' DETENTION 5A51N EASEMENT N38°4. CITY OF CAPE GIRARDEAU \ 49.01, 1 500K 910, PAGE 345 \ LOT 3 FLOYD W. PENNY DOC. NO. 2012-04101 000106"E 40.56' i i 10' WIDE UTILITY EASEMENT C13 �S3'46'56"W O 117.66 W LOT 8 10742 SQ FT h� ° 0.25 ACRESo v N 25' BUILDING SETBACK LOT 4 BRANDON O. WILLIAMS DEVELOPMENT, LLC. DOC. NO. 2010-00222 10' WIDE UTILITY EASEMENT 5RANDON O. WILLIAMS POINT OF COMMENCEMENT DEVELOPMENT, LLC. FOUND AXLE NORTHWEST DOC. NO. 2010-00222 CORNER LOT 80, ARBOR HEIGHTS FIFTH ADDITION _ N89'12'40"W 790.05' MARGARET A. CRITES / 500K 522, PAGE 840 / LOT 81 LOT 80 AR50R HEIGHTS 5TH ADDITION PLAT 500K 24 PAGE 43 SURVEY CERTIFICATION RECORD PLA T FOR LOT5 WILLIAMSBURG PHASE I -� PART OF UNITED STATES PRIVATE SURVEYNO.2198, TOWNSHIP 31 i NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITYAND COUNTY OF CAPE GIRARDEAU, THE STATE OF MISSOURI SUBDIVISION DEDICATION I, BRANDON 0. WILLIAMS, THE OWNER OF PART OF UNITED STATES PRIVATE SURVEY NUMBER 2198, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF CAPE GIRARDEAU, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCE AT AN AXLE AT THE NORTHWEST CORNER OF LOT 80 OF ARBOR HEIGHTS FIFTH ADDITION AS RECORDED IN PLAT BOOK 24 ON PAGE 43; THENCE NORTH 89 DEGREES 12 MINUTES 40 SECONDS WEST 790.05 FEET TO THE EAST LINE OF PERRYVILLE ROAD; THENCE ALONG SAID EAST LINE NORTH 26 DEGREES 43 MINUTES 03 SECONDS WEST 388.78 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 770.00 FEET, CHORD BEARING NORTH 13 DEGREES 42 MINUTES 08 SECONDS WEST 346.82 FEET, AND AN ARC LENGTH OF 349.82 FEET TO THE POINT OF BEGINNING. THENCE FROM THE POINT OF BEGINNING, CONTINUE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 770.00 FEET, CHORD BEARING NORTH 01 DEGREES 32 MINUTES 51 SECONDS EAST 60.05 FEET, AND AN ARC LENGTH OF 60.06 FEET; THENCE NORTH 03 DEGREES 46 MINUTES 56 SECONDS EAST 229.79 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 603.00 FEET, CHORD BEARING NORTH 00 DEGREES 08 MINUTES 50 SECONDS EAST 76.46 FEET, AND AN ARC LENGTH OF 76.51 FEET; THENCE SOUTH 86 DEGREES 42 MINUTES 54 SECONDS EAST 258.35 FEET; THENCE NORTH 76 DEGREES 00 MINUTES 06 SECONDS EAST 40.56 FEET; THENCE SOUTH 03 DEGREES 46 MINUTES 56 SECONDS WEST 320.72 FEET; THENCE SOUTH 86 DEGREES 13 MINUTES 04 SECONDS EAST 12.01 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 175.00 FEET CHORD BEARING SOUTH 89 DEGREES 18 MINUTES 14 SECONDS EAST 18.84 FEET AND AN ARC LENGTH OF 18.85 FEET; THENCE SOUTH 02 DEGREES 02 MINUTES 57 SECONDS EAST 170.66 FEET; THENCE NORTH 86 DEGREES 13 MINUTES 04 SECONDS WEST 158.40 FEET; THENCE NORTH 38 DEGREES 42 MINUTES 45 SECONDS WEST 49.01 FEET; THENCE NORTH 03 DEGREES 46 MINUTES 56 SECONDS EAST 72.62 FEET; THENCE NORTH 86 DEGREES 13 MINUTES 04 SECONDS WEST 146.43 FEET TO THE POINT OF BEGINNING. THE HEREIN DESCRIBED TRACT CONTAINS 2.97 ACRES MORE OR LESS AND IS SUBJECT TO ALL EASEMENTS, RIGHTS OF WAY, RESTRICTIONS AND LICENSES AFFECTING SAME, EITHER WRITTEN OR IMPLIED. I DECLARE THAT I HAVE CAUSED THE FOREGOING DESCRIBED TRACT OF LAND TO BE SUBDIVIDED INTO LOTS AS NUMBERED AND STREET RIGHTS OF WAY AS DESIGNATED ON THE ANNEXED PLAT AND THAT I HAVE NAMED SAID SUBDIVISION "WILLIAMSBURG PHASE 1" AND I DO HEREBY ESTABLISH PERMANENT UTILITY EASEMENTS ACROSS CERTAIN PORTIONS OF THE AFORESAID SUBDIVISION WHICH ARE SET FORTH ON THE ANNEXED PLAT AND I DO HEREBY DEDICATE SAID EASEMENTS AND STREET RIGHTS OF WAY TO THE PUBLIC USE FOREVER. DETAILED RESTRICTIONS FOR ALL LOTS IN "WILLIAMSBURG PHASE 1" HAVE BEEN RECORDED IN A SEPARATE INSTRUMENT IN DOCUMENT N0. - - - - - - - - - - - - - - IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE. IN WITNESS WHEREOF, I HAVE CAUSED THESE PRESENTS TO BE SIGNED THIS __________ DAY OF -------------------- 2014. BRANDON 0. WILLIAMS, OWNER BRANDON 0. WILLIAMS DEVELOPMENT, LLC. ON THIS ______ DAY OF ---------- 2014, BEFORE ME APPEARED BRANDON 0. WILLIAMS, TO ME PERSONALLY KNOWN, WHO BEING BY ME DULY SWORN DID SAY THAT HE IS THE PERSON DESCRIBED HEREIN AND DID EXECUTE THE FOREGOING INSTRUMENT AND WHO ACKNOWLEDGED THAT HE EXECUTED THE SAME AS HIS FREE ACT AND DEED. IN WITNESS WHEREOF,I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARIAL SEAL ON THE DAY AND YEAR ABOVE WRITTEN. STATE OF COUNTY OF NOTARY PUBLIC MY COMMISSION EXPIRES I, GAYLE L. CONRAD, CITY CLERK OF THE CITY OF CAPE GIRARDEAU, MISSOURI HEREBY DECLARE THAT THIS PLAT WAS PRESENTED TO AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI ON THE ------- DAY OF , 2014 BY ORDINANCE N0.__________________. GAYLE L. CONRAD, CITY CLERK STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU FILED FOR RECORD THIS DAY OF RECORDED IN DOCUMENT NUMBER SCOTT R. CLARK RECORDER. CAPE GIRARDEAU COUNTY. MISSOURI THIS IS TO CERTIFY THAT AT THE REQUEST OF BRANDON 0. WILLIAMS, I HAVE SURVEYED PART OF U.S.P.S. 2198, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, AND HAVE SUBDIVIDED IT AS SHOWN ON THIS PLAT IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS. I��`dO1�liY.lM1771� 7X7��7I\�1�71�:7�C�i.9�i�\'ty�_1�a1�LL9[H�Ia\lel 7�I.IFY:i17��L\'<i7��I_\f'I�i[! BRIAN W. STRICKLAND MO -PLS 2005000069 113 W. MAIN STREET JACKSON, MISSOURI 63755 2014 AND DULY rr'7 OF CAPE GIRARDEAU, MISSOURI CITY City Staff Review, Referral and Action - Subdivision Application FILE: Williamsburg Phase I Subdivision LOCATION: Perryville Road STAFF REVIEW& COMMENTS: A record plat has been submitted for the first phase of a new subdivision along Perryville Road creating eight new lots. SEE STAFF REPORT FOR MORE DETAILS. City Planner L'�f /�1 11VA4001A City rneyllkl�� Date Y 5- ; 7e13 4 le ,obate CITY MAREFERRAL TO THE PLANNING AND ZONING COMMISSION: City Manager Planning & Zoning Commission RECOMMENDED A CTION.- Favor Oppose Abstain Trae Bertrand uj Ll L] Larry Dowdy E� Ll Ll Jeff Glenn U/ Ll Ll Bill Hinckley L3 Lj Randy Kluge a VOTE COUNT: Favor ( 0A/fA/fFVTN* UTIZENS COMMENTING AT MEETING: Date Favo Oppose Abstain Iv9T Ralph Maxton 1 Lj Ll r--k"o/ Scott McClanahan La Ll L] Doug Spooler ❑U0, Ll Lj Tom Welch Lj� La L) Oppose Abstain Randy Kluge Planning & Zoning Commission Secretary City Council Action Ordinance I't Readin lei Ordinance 2 nd & 3 rd Reading: ORDINANCE # Effective Date: Staff: Molly Hood, Assistant City Agenda: Manager - Development Services 6/2/2014 SUBJECT A Resolution authorizing the City Manager to execute a Contract for Services between the City of Cape Girardeau, Missouri, and Old Town Cape, Inc. EXECUTIVE SUMMARY The City's annual contract with Old Town Cape ends June 30th, 2014. The existing contract includes implementation assistance for the Downtown Strategic Plan. In addition, Old Town Cape provides leadership for downtown revitalization. Continued assistance from Old Town Cape is needed to continue the successful and timely implementation of the City's Plan. BACKGROUND/DISCUSSION Old Town Cape continues to propel downtown Cape Girardeau forward on several fronts. Its leadership in several areas is transforming the perception of downtown by providing services as shown in the contract attachment. This year will be another critical year with the recent formation of and transition to a Community Improvement District. A summary of accomplishments to date for the current contract is attached. FINANCIAL IMPACT The contract for $100,800 reflects previous years' discussion of utilizing riverfront development funds for Old Town Cape funding. The contract amount equals 30% of the estimated riverfront fund revenues for the operations of Old Town Cape. The funding is included in the City's 2014/2015 budget. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Through the efforts of Old Town Cape, six net new businesses and fifty net new jobs were gained in the district. Old Town Cape also organizes and supports numerous events such as Tunes at Twilight and the Cape Riverfront Market which contributes to the City's overall quality of life. The organization was also instrumental in the creation of a Community Improvement District and continues to support the CID's efforts that, if successful, will generate funding for additional downtown services as identified in the CID petition. STAFF RECOMMENDATION Staff recommends apporoval of the attached contract. ATTACHMENTS: Name: Description: ❑ Res Old Town Cape.doc Resolution Authorizing Contract with Old Town Cape ❑ 2014 Old Town Cape contract(2.doc Old Town Cape Contract ❑ 2014Summaryfor city (2).doc 2014 Summary of Accomplishments BILL NO. 14-83 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR SERVICES BETWEEN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND OLD TOWN CAPE, INC BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI. AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Contract for Services with Old Town Cape, Inc., in the City of Cape Girardeau, Missouri. A copy of said Contract for Services is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 2014. Harry E. Rediger, Mayor 000"M Gayle L. Conrad, City Clerk City of Cape Girardeau and Old Town Cape, Inc. Contract for Services The City of Cape Girardeau, Missouri, hereby agrees to pay Old Town Cape, Inc. the sum of $100,800, commencing on July 1, 2014, for Old Town Cape, Inc. to coordinate Cape Girardeau's downtown revitalization efforts including providing design assistance to property owners, managing business recruitment activities, promoting a positive image for downtown and conducting special events. As part of its activities, Old Town Cape will, on an annual basis, serve as primary sponsor/organizer of at least three (3) special events and recruit a minimum of three (3) new businesses to the Old Town Cape district. Other services related to downtown revitalization may be provided by Old Town Cape in an on-going and "as requested" basis. In addition, Old Town Cape will assist in coordination of the implementation of the City of Cape Girardeau's Downtown Strategic Plan adopted by the Cape Girardeau Planning and Zoning Commission and City Council in 2009. Examples of services to be provided by Old Town Cape are listed on the appendix attached. Old Town Cape will, on an annual basis, provide a report to the City Council on its progress in achieving these objectives. Such report will include net new businesses and jobs, number of building renovations, public and private reinvestment statistics occurring in the downtown, and progress on its assistance to the City on the implementation of the Downtown Strategic Plan. The City Manager, or his or her designee, will serve as a voting member of the Old Town Cape Board of Directors. The Council Representative whose ward contains a majority of the Old Town Cape district will serve as ex officio to the Old Town Cape Board of Directors to help ensure communication and compliance. The term of this contract is for a period of one (1) year, commencing on July 1, 2014, and ending on June 30, 2015. CITY OF CAPE GIRARDEAU, MISSOURI Scott A. Meyer, City Manager Date Attest: Gayle L. Conrad, City Clerk OLD TOWN CAPE, INC. Lee Schlitt, President Attest: Date Appendix Examples of Services to be Provided by Old Town Cape Organizational Structure Strategies • Help facilitate Community Improvement District activities/election • Provide additional staff and resources for OTC • Dissolve Downtown Development Corporation and Special Business District • Improve "Town & Gown" relationship • Volunteer development Land Use & Building Survev Strategies • Parking study • Identify locations for public parking • Develop Parks & Open Space Master Plan for OTC District • Develop database for downtown infrastructure Communitv Survev Strategies • Continue visitor surveys • Re -convene focus groups • Conduct telephone/mail survey Building & Streetscape Design Guidelines Strategies • Assist with adoption of supplemental design standards and process for review • Improve enforcement of building codes within the district • Establish gateways to downtown • Wayfinding plan and signage • Develop signage system for public parking • Education on Federal & State Tax Credits for rehabilitation • Continue encouragement of rehabilitation of downtown buildings • Encourage upper -floor development • Maintain beautification projects • Develop appreciation for Historic Districts • Encourage & facilitate sidewalk cafes and outdoor seating • Improve aesthetics of existing parking lots • Develop downtown parking map/brochure Retail Market Analvsis Strategies • Improve business retention and expansion efforts • Create business recruitment program & package • Increase marketing and create downtown events • Increase available retail space • Verify and update commercial vacancies Housing Market Analvsis Strategies 0 Develop second floor residential space • Develop downtown housing marketing campaign • Encourage property owners to improve and maintain properties • Develop residential infill in the Good Hope/Haarig District • Increase residential population • Rental occupancy permit Financial Assistance Strategies • Support Community Improvement District efforts • Establish TIF • Establish Fagade Rehabilitation Revolving Loan Fund Destination Assessment Strategies • Feasibility studies for attractions • Develop Riverfront Park concept plan • Develop river recreation event • Provide downtown public amenities • Establish University Village on Broadway • Enhance transportation system • Attract a downtown hotel Marketing Strategies • Rebrand Old Town Cape District • Coordinate special events with retailers o Downtown Christmas Open House o Tunes at Twilight o Parade of Lights o Farmer's Market o Home Tour • Expand store hours • Establish storefront display contest • Enhance promotional activities • Develop and market a Top 10 List of Activities • Fill vacant storefronts with local art and signage Old Town Cape April 23, 2014 Mission Statement-- Old Town Cape is a community driven, nonprofit organization that utilizes the Four -Point Main Street Approach TM to preserve, promote, revitalize, and enrich the historic, cultural, and economic landscapes of downtown Cape Girardeau, Missouri. Vision Statement— Old Town Cape envisions a vibrant downtown community that cherishes its unique historic character and culture. It is a pedestrian friendly regional destination for shopping, dining, arts and entertainment, employment and living. SUMMARY UPDATE - 3 quarters — July 1, 2013 — March 31, 2014 Contract date — July 1, 2013 -June 30, 2014 Contract for Services Called for Old Town Cape to: • Coordinate Cape Girardeau's downtown revitalization efforts including providing design assistance to property owners, managing business recruitment activities, promoting a positive image for downtown and conducting special events Assist in coordination of the implementation of the City of Cape Girardeau's Downtown Volunteer Hours Leveraged 2,424 reported hours in 3 quarters (4,061 for 2013 calendar year) Public/Private Improvements in District 557,114 in public improvements and $4,217,500 in private improvements for the 3 quarters New Businesses/Jobs (Requirement of 3 new businesses by Contract for Services) Business — Net 6 new businesses with net 50 jobs gained through new business in the district (20 opened with 87 jobs in 3 quarters) New Housing Units New housing units have become available in the downtown. With the opening of the Vasterling Suites alone, 24 new market rate housing units have come on line within the last year. • Strategic Plan Report: Events sponsored by Old Town Cape — Requirement of 3 by contract o Tunes at Twilight (12/year with average 400 attendance) • Runs 6 weeks starting in May and then 6 weeks starting in August • First Tunes in Fall will be a partnership with Red House and Parks to help celebrate and promote the Red House and its activities o Commercial Open House —Was held in May last year and tentatively scheduled for June 26. o Cape Riverfront Market — Last year was 2"' year in operation. Ran through October 2013 and will start on May 3 — every Saturday from 8:00 a.m. to 12:00 p.m. • Very successful 2 years. 2014 Season will open May 3 with over 25 vendors providing a variety of local fruites and vegetables, specialty farm goods, baked items and artisan crafts. • New to this past season was a "Marketeer's Club, dedicated to education of children regarding healthy eating. This included educational games and activities and the opportunity for children to purchase some produce at the market. This venture was supported by the Healthy Community Coalition and the American Chemical Society through 2 grants. • The use of EBT at the market was successful and grew in 2"' year. It is anticipated to grow each year. The Food Bank still has primary management of this section of the market. However we provide support needed for deposits and accounting. • The demonstrations (1 or 2 each week) were educational and popular, as was the music provided every Saturday • The Market has engaged new committed volunteers as active partners in promoting downtown. They are in process of forming their own organization to take on the management of the market with support from Old Town Cape. • Brings additional traffic to the downtown and downtown businesses each week. o Welcome Back Picnic — Promoted downtown and its businesses to new and returning college students and partnered with the City, CVB and Douglas C Greene Center for Innovation and Entrepreneurship to host a scavenger hunt bringing many downtown to participate o River Tales Classic Car Show (Co-sponsored by River City Rodders) — over 300 cars o Parade of Lights — Almost 100 (up from 80 the year prior) entries and estimated 5,000 visitors o Downtown Christmas Open House — 20 business participants and had good turnout even with questionable weather. Some of the businesses reported higher sales this year than last even with lower turn out. • Charles L Hutson Auction — only fundraising event and first time at Isle Event Center, with 250 in attendance, it was a very successful fund raising and social event. • Worked with community partners under the Public Art Committee (City Parks & Recreation, Arts Council, local artists, Chamber, CVB and OTC) to facilitate the city's first Public Sculpture Exhibition which opened on April 4. Sculptures are on loan for a year (and are for sale). Same group will be working to juror another show to open as this one closes. • Working with other community partners on two one-time events (same group as The Great Race) • Corvette Caravan to be held August 24 • Cannonball Run to be held September 9 • Have become part of the Arts Around Town — First Friday group to help facilitate possible future growth of this event and to tie the businesses in to the event. o Gone Girl Movie • Worked with the crew of Gone Girl on site location and other logistic needs • Working with small group of community partners (CVB, Dr. Jim Dufek and City to plan promotion around opening in October • 2014 Ornament will be "Gone Girl Downtown" Strategic Plan Implementation Priorities —top 5 priorities as outlined for Council in August 2011 o CID — Petitions delivered to City Clerk in early December, verified and put on Council Agenda for Public Hearing and possible formation of the district April 21, 2014. o Streetscape Improvements — With completion of Broadway a major part of this task is complete. OTC helped with planning for Broadway and management of business contacts and support. o OTC continues to work with the city on other street/streetscape projects including William and future planning for new lighting, sidewalk and infrastructure in the Riverfront area (and possible updated streetscape plan). We are ready to help facilitate any planning or implementation process in these areas. o Facade Improvement • Continue to market Fagade Loan program opportunity with some funding still available. Continue to promote private investment in property improvements and help facilitate this process when possible (tax credit information, resources, contacts, etc) • Helped facilitate the HP tax credit project allowing the development of the Vasterling Suites o Business Recruitment & Retention — • Continue to update the Recruiting Market Matrices for Upper and Lower Broadway and the Riverfront area. Each contain detailed information regarding vision of that specific area, target markets and identified specific gaps in business or potential business growth. • Both net positive business growth and net positive additional employees in the downtown during the 3 quarters • Continue to experiencing more credible contacts made to Old Town Cape regarding locating or starting a viable business or development in the downtown. Business community is becoming more engaged and community or neighborhood engaged. • Subcommittee of Economic Restructuring Committee is working to develop possible incentives ideas for locating in the downtown area. o Wayfinding • Under MOU with City, OTC and CVB are responsible for ongoing management of the kiosk pedestrian maps (design and updating) and promotional pieces of the kiosks. Other — Additional Old Town Cape information, activities and projects (not complete list) o Achieved accreditation under The National Trust for Historic Preservation Main Street Center and Missouri Main Street Connections again in 2014. Accredited each year since 2005. Requires annual assessment. o Developing a printed downtown guide to use as promotional material for downtown and downtown businesses o Encourage more involvement and improvements through public recognition at Annual Dinner of improvements, development, volunteers, businesses and special vision. o Working on a "Block Captain" program to increase communication with business and property owners. 0 2013 Ornament depicted the Oliver -Lemming House in support of the Missouri Flag Anniversary and state promotion around that event o Continue to hire Teen Challenge for weekly litter pick up in Riverfront and Broadway areas o Hold quarterly merchant meetings, incorporating information exchange and trainings. o Weekly e-mail update to public (What's Up Downtown) and other social media promotion of downtown o Continue with social media - blog, facebook and pinterest, Instagram and youtube - as a way to promote downtown as a destination for dining, entertainment, shopping and living o Established a 2"' scholarship through work of volunteer Bill Dunn and the Scholarship Garden — The Dr. Steven J Hoffman Old Town Cape Historic Preservation Scholarship. In addition, we increased our original scholarship amount. o Continue to provide, maintain and install Holiday Decorations for the entire downtown area o Continue ongoing maintenance of murals o Received recognition (along with Cape Girardeau), receiving 3 State Awards at Downtown Revitalization Conference o Greatest Achievement — Old Town Cape and Community o Best Special Event — Cape Riverfront Market o Streetscape and Public Space Improvement — Broadway Corridor ............................................................................................. Staff: Scott Meyer, City Manager Agenda: 6/2/2014 SUBJECT Addendum to Agreement to the Professional Service Agreement with Alliance Water Resources, Inc. for operation of the City's water system. EXECUTIVE SUMMARY The City and Alliance Water Resources entered into a Professional Service Agreement on March 14, 2007, for operation and maintenance service for the City's water supply and distribution systems. An Addendum approved on January 9, 2012 extended the expiration of the agreement to June 30, 2014. This resolution will allow the extension of the contract for three years and amend the scope of services to include Geographic Information System management; supervision of the City's water main replacement crew; assistance in the upkeep of the City rights-of-way; and aiding the City during emergency situations. BACKGROUND/DISCUSSION Alliance has provided service to the City's water and distribution system since 1992. The scope of services has changed over the years to maximize the efficiency of the contract. Looking forward to the most efficient use of a public/private partnership, the city and Alliance have looked at organizational structure and processes to incorporate a holistic look at the entire water resource operation (water, wastewater, and stormwater). There appear to be opportunities to combine like functions across the areas of operation that will produce savings. The new waste water treatment plant will start operations later this year and it may offer yet another opportunity for efficiency and cost savings. FINANCIAL IMPACT The financial impact of extending the contract is considered in the proposed budget. The City hopes to reduce the costs for water resources while maintaining high quality water service and customer service. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The efficient operation of water resources is key to the sustainability of the City. The City must continue to drive operating costs down while meeting all environmental regulations. STAFF RECOMMENDATION Staff recommends that the City Council approved the attached Resolution authorizing the City Manager to execute an Addendum to Agreement with Alliance Water Resources for operation and maintenance of the City's water system. ATTACHMENTS: Name: ❑ Resolution -Third_ Addendum.AllianceWaterAgmt.doc ❑ addendumAlliance-Cape Girardeau Agreement2014v.1.doc Description: Resolution Authorizing Third Addendum with Alliance Agreement Addendum 2014 BILL NO. 14-84 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD ADDENDUM TO THE PROFESSIONAL SERVICE AGREEMENT WITH ALLIANCE WATER RESOURCES, INC., FOR OPERATION OF THE CITY OF CAPE GIRARDEAU'S WATER SYSTEM BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Third Addendum to the Professional Service Agreement with Alliance Water Resources, Inc., for operation of the City of Cape Girardeau's water system. A copy of said Addendum to Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk THIRD ADDENDUM TO AGREEMENT This Addendum to Agreement has been entered into this day of , 2014, by and between the City of Cape Girardeau, a municipal corporation of the State of Missouri (hereinafter referred to as "Owner") and Alliance Water Resources, Inc. a corporation organized and existing under the laws of the state of Missouri (hereinafter referred to as "Alliance".) WHEREAS, Owner and Alliance entered into a Service Agreement on March 14, 2007 for operation and maintenance services for public water supply and distribution systems, and WHEREAS, Owner and Alliance amended said agreement to transfer Alliance employees to the City for 2 -inch main replacement with an Addendum to Agreement executed by both parties in January 2011, and WHEREAS, Owner and Alliance extended said agreement through June 30, 2014 with an Addendum to Agreement executed by both parties in January 2012, and WHEREAS, Owner and Alliance wish to further extend said Service Agreement through June 30, 2017, and, thereafter, the Agreement shall be renewed automatically for additional two year terms unless cancelled by either party in writing no less than ninety (90) days prior to the expiration date of that term. WHEREAS, it is understood Owner and Alliance are desirous of a revision to the scope of services provided by Alliance as follows: Section 4.1.1 (revision) Provide Geographic Information System ("GIS") Management including further expansion and development of GIS for City infrastructure under the direction of the City's Director of Development Services. Section 4.1.aa (replacement of previously deleted section on 2 -inch main replacement) Provide planning for and supervision of the City's water main replacement crew excluding safety requirements which remain the responsibility of the City. Section 4.1.bb (addition) Provide assistance to the City with "Operation Clean Sweep" including litter removal and upkeep of City rights-of-way. Section 4.1.cc (addition) Provide aid to the City in emergency situations such as snow plowing, flooding, natural disasters, etc. WHEREAS, Owner and Alliance agree to replace Alliance's compensation as described in Section 5.1 with the following: Section 5.1.a (revision) Alliance's Base Fee compensation under this Agreement for its services excluding Section 4.1.1 (GIS services) shall be $2,283,706.00 for the first year of service. Section 5.1.b (new) Alliance Base Fee compensation under Section 4.1.1 of this Agreement (GIS services) shall be $100,000.00 for the first year of service. p. 1 of2 NOW THEREFORE, the term of said Agreement is hereby extended to June 30, 2017, and, thereafter, the Agreement shall be renewed automatically for additional two year terms unless cancelled by either party in writing no less than ninety (90) days prior to the expiration date of that term, and the scope of services and compensation are amended as listed above. IN WITNESS WHEREROF, the parties have caused this Amendment to be executed as of the first date written above. Authorized Signature President Alliance Water Resources Date ATTEST: Secretary Authorized Signature City Manager City of Cape Girardeau Date ATTEST City Clerk p.2of2 Staff: Ryan Shrimplin, AICP - City Agenda: Planner 6/2/2014 SUBJECT A Resolution authorizing the City Manager to execute an Agricultural Lease Agreement with Ryland Meyr for property located on LaSalle Avenue in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached resolution authorizes the City Manager to execute an Agricultural Lease Agreement with Ryland "Dutch" Meyr for approximately 144 acres on the business park property. BACKGROUND/DISCUSSION Last year, the City purchased approximately 247 acres of farmland at the northeast and southeast corners of the Interstate 55 -LaSalle Avenue interchange. The land is to be developed for the Greater Cape Girardeau Business Park. Prior to its acquisition by the City, the land was used by Ryland "Dutch" Meyr, per a rent contract he had with the previous owner, Southeast Missouri University Foundation. In May 2013, Mr. Meyr entered into an agricultural lease agreement with the City which allowed him to continue to farm the land until the City began developing the business park. The agreement was for a period of one (1) year and has since expired. Due to the sale of property for the Pepsi development, the City no longer owns the entire business park. Mr. Meyr has expressed interest in executing a new agricultural lease agreement with the City to allow him to continue to farm a portion of the remaining land until further development takes place at the business park. The attached agreement is for a period of one (1) year. The agreement includes a clause that allows the City to terminate the agreement upon sixty (60) days written notice and reimbursement of the actual cost of planted crop destroyed as a result of the early termination. FINANCIAL IMPACT The terms of the lease agreement allow for Mr. Meyr's use and maintenance of the property at no cost to the City. In exchange, the City will receive $100 per acre of planted crop ground and $2,000 for the pasture area. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The execution of the lease agreement will allow the remaining land to be farmed until further development takes place at the business park. STAFF RECOMMENDATION Staff recommends approval of the resolution authorizing the City Manager to execute an Agricultural Lease Agreement with Ryland "Dutch" Meyr for approximately 144 acres on the business park property. ATTACHMENTS: Name: ❑ Ryland Meyr Lease - LaSalle 2014.doc ❑ Meyer Ao Lease Agreement_ June 2014.1)d ❑ Dutch Meyr Ao Lease Mal) - Exhibit A.pdf Description: Resolution Authorizing Ag Lease-Meyr 2014 Agricultural Lease Agreement (Meyr) Exhibit A BILL NO. 14-87 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGRICULTURAL LEASE AGREEMENT WITH RYLAND MEYR, FOR PROPERTY LOCATED ON LASALLE AVENUE. 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 Agricultural Lease Agreement with Ryland Meyr for property located on LaSalle Avenue in the City of Cape Girardeau, Missouri. A copy of said Agricultural Lease Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 2014. Harry E. Rediger, Mayor 000"M Gayle L. Conrad, City Clerk AGRICULTURAL LEASE AGREEMENT This LEASE AGREEMENT, made and entered into this day of June, 2014 between THE CITY OF CAPE GIRARDEAU, Cape Girardeau, Missouri, herein referred to as "Lessor" and RYIAND , hereinafter referred to as "Lessee", for agricultural property located adjacent to Interstate 55, North and South of LaSalle Avenue as illustrated on the Lease Area map (Exhibit A) . WITNESSETH, that: In consideration of the rent to be paid by Lessee to Lessor and in further consideration of the mutual promises and conditions herein contained, Lessor and Lessee do hereby make and enter into the following Lease Agreement. The Lessor hereby leases to Lessee and Lessee does hereby lease from Lessor, approximately 144 acres of agricultural property, located in the City of Cape Girardeau, Cape Girardeau County, Missouri as set forth in the attached illustration marked Exhibit A. TERMS: The term of this lease agreement shall be for a period of no more than one (1) year commencing May 1, 2014 and extending to April 30, 2015. 1. The Lessee agrees to use the property for agricultural purposes only. 2 The Lessee agrees to pay to Lessor the annual lease payment in the amount of $100 per acre of planted crop ground, and $2000 for the pasture area on or before the first day of each contract year. Said payment is due on the 1St day of November and shall be paid to the City Finance department. 3 Lessor does not represent to Lessee the exact acreage of the land that is available for agricultural purposes or the tillable acreage of the property. 4 Lessee agrees to maintain the property and any structures on the property used by the Lessee, in a farm -like manner and shall be responsible for maintenance of said property and structures throughout the duration of the lease. 5 Lessee shall be responsible for all payments and expenses related to farming and cultivation of the subject property while under the lease terms of this contract. 6 Lessee agrees that the future intentions of Lessor is to develop, sell and/or lease the property as a business park; therefore, Lessor has the right to terminate the lease agreement upon sixty (60) days written notice to the Lessee. 7 If Lessor alters or terminates the contract due to sell, lease or development of the subject property, the Lessor shall reimburse the actual cost to the Lessee to plant the crop destroyed as a result of the transaction. 8. Lessee shall keep and hold harmless Lessor, its employees, agents, servants and assigns from and against any and all claims, demands, suits, judgments, cost and expenses asserted by ay person or persons, including agents or employees of Lessee, by reason of death or injury to persons or loss or damage to property, resulting from Lessee's operation hereunder, or as a result of anything claimed to be done or omitted to be done Lessee, his agents or employees hereunder. 9. Lessee agrees any failure on the part of the Lessor to enforce any term of this lease shall not be construed as a waiver of any future breaches by the Lessee. 10. This lease shall not be assignable not any part of the premises be sublet by Lessee without Prior written consent of Lessor. IN WITNESS WHEREOF, the undersigned has executed this agreement this day of May, 2014. STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU LESSEE D ` etch" ME Y7R BE IT REMEMBERED, That on sday of , 2014 before me, the undersigned, a Notary Public in and or the County and State afor aid, came Ryland Meyr, to me personally known, who, being by me duly sworn, did state that he is the person whose name is signed for the consideration stated therein and no other, and he acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. Commission Expires BELINDA JONES Public - Notary Seal e of Missouri Commissioned for Cape Girardeau County My Commission Expires: May 14, 2016 Commissioii Nl;aihr.::12341749 .- - , .. a .. ATTEST: Gayle L. Conrad, City Clerk LESSOR Scott A. Meyer City Manager, City of Cape Girardeau EXHIBIT A MEYR AGRICULTURAL LEASE AGREEMENT LEASE AREA EXHIBIT A MEYR AGRICULTURAL LEASE AGREEMENT LEASE AREA Staff: Wes Blair, Chief of Police Agenda: 6/2/2014 SUBJECT A Resolution authorizing the City Manager to apply to the Department of Justice, COPS Hiring Program for a grant to employ three grant funded police officers for the City of Cape Girardeau. EXECUTIVE SUMMARY The Department of Justice's COPS Hiring Program (CHR) offers grant funding for the hiring of police officers. The current grant opportunity allows the City of Cape Girardeau to apply for 3 officers that are 75% funded by CHR and requiring a 25% match funding by the City of Cape Girardeau for the first 3 years of the grant and 100% funding by the City of Cape Girardeau for the 4th year. BACKGROUND/DISCUSSION Currently, the Department of Justice is accepting applications for the COPS Hiring Program (CHP) to assist law enforcement agencies with hiring and retaining police officers. The deadline for submittal of an application to receive funding is June 23, 2014. Under Fiscal Year (FY) 2014 CHP, awardees may receive 75 percent of the approved entry-level officer salary and fringe benefit costs, with a 25 percent local cash match requirement per officer position over a three-year grant period. Grant funds may be used to hire new, full-time sworn officer positions. CHP requires that each position awarded be retained with local funds for a minimum of 12 months at the conclusion of 36 months of federal funding for each position. FY 2014 CHP funding is limited, and all awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law. Currently, the Police Department utilizes officers on overtime status to staff high - crime areas during times typically associated with a higher volume of calls for service. Due to staff size and funding, the Police Department typically allocates 3 officers approximately 8-10 hours per week to this function. By using resources provided by the CHP grant, the department would be able to staff this function with 3 officers for 40 hours per week. FINANCIAL IMPACT With 3 grant -funded officers deployed 40 hours per week, the City would see a financial impact of approximately $103,896 for the first 3 years at the 25% fund match and $138,528 for the 4th year at 100% match, totaling a cost of $242,424 to the City of Cape Girardeau for the entire length of the grant. Utilizing the current system of deploying 3 officers on overtime rates at 16 hours per week to achieve the same function the city will expend approximately $84,140 annually in overtime and fringe benefits. Over the course of 4 years this would total a financial impact to the city of $336,560 and achieve staffing less than half the amount of time as the grant would allow. By obtaining the grant officers, the city could save the difference of $94,136 over the term of the grant, which could be applied toward future funding of the positions while gaining an additional 24 hours of patrol staffing during peak times that experience higher volumes of crime and calls for police services. STAFF RECOMMENDATION Staff recommends the adoption of this resolution. ATTACHMENTS: Name: Description: ❑ RESOLUTION COPS Grant 2014.doc Resolution -Application for 2014 COPS Grant ❑ COPS_ Grant_ Announcement.pdf COPS Grant Announcement BILL NO. 14-91 RESOLUTION NO. A RESOLUTION AUTHORIZING APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE, FOR THE 2014 COPS HIRING PROGRAM GRANT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT PROGRAM DOCUMENTS 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 grant program application materials to the U.S. Department of Justice for the 2014 COPS Hiring Program Grant for the City of Cape Girardeau, Missouri, and is hereby authorized to execute all necessary grant program documents. PASSED AND ADOPTED THIS DAY OF Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk 2014. U.S. DEPARTMENT OF JUSTICE ���� OFFICE OF COMMtlNrry ORIENTED POLICING SERVICES 145 N Street, NE, \X'ashington. D.C. 20530 May 21, 2014 RE: 2014 COPS Hiring Program (CHP) Application Period — NOW OPEN! Dear Colleague: I am pleased to announce that the application period for the 2014 COPS Hiring Program (CHP) is now open. Applications for this year's CHP solicitation must be complete and submitted by 7:59 PM, EDT on Monday, June 23, 2014, in order to receive consideration. CHP is a competitive grant program that provides funding directly to law enforcement agencies having primary law enforcement authority to impact their community policing capacity and problem solving efforts. Under Fiscal Year (FY) 2014 CHP, awardees may receive up to 75 percent of the approved entry-level officer salary and fringe benefit costs, with a minimum 25 percent local cash match requirement and a maximum federal share of $125,000 per officer position over a three-year grant period. Grant funds may be used to hire new, full-time swom officer positions, to rehire officers who have been laid off, or to rehire officers who are scheduled to be laid off on a specific future date as a result of local budget cuts. As in the past, CHP requires that each position awarded be retained with local funds for a minimum of 12 months at the conclusion of 36 months of federal funding for each position. Applicants must also use awarded CHP funding to supplement (increase) state, local and or Bureau of Indian Affairs funds that otherwise would have been dedicated to sworn officer positions in the absence of the grant. FY 2014 CHP funding is limited, and all awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law. For detailed information on CHP program requirements, application instructions, FAQs and more, please visit the CHP page on the COPS website at www.coi)s.usdoi.2ov/Default.asp?ltem=2367. Please note that applications for this program must be submitted in two puts. First, applicants must apply online via www.aants.Fov to complete the SF -424, the government -wide standard form required for competitive grant application packages. Once the SF -424 has been submitted, you will receive an e-mail with instructions on completing the second part of the CHP application through the COPS Office Online Application System, found on the COPS Office website at www.cops.usdoi.gov through the "Account Access" link in the upper right hand corner. We thank you for your time and cooperation during the CHP application review process. If you have questions about completing a 2014 CHP application, please contact the COPS Office Response Center at 1.800.421.6770. Sincerely, Ronald L. Davis Director ADVANCING PIJBLJC SAFETY 1F1120UGlI COMMLJNI"1Y POLICING Highlights of the FY2014 COPS Hiring Program School Resource Officers (SRO) Applicants who select "School Based Policing through School Resource Officers" as a problem area will receive additional consideration for CHP funding. Applicants requesting officer positions(s) in order to deploy SROs must deploy all their officer positions as SROs. If your agency requests officer position(s) to deploy as SROs, you must select "School Based Policing through School Resource Officers" as your community policing problem area in Section 6B of the online application. CHP grantees who use CHP funding to deploy SROs will also be required to submit to the COPS Office the contact information for each school partner where they intend to deploy the SROs, and to provide a Memorandum of Understanding between the CHP grantee and the school partner. Please note that the COPS Office requires that the officer(s) deployed into the SRO position(s) spend a minimum of 75 percent of their time in and around primary and/or secondary schools, working on youth -related activities. There must be an increase in the level of community policing activities performed in and around primary and/or secondary schools as a result of the grant. Homicide and Gun Violence The COPS Office supports the Attorney General's priority goal of reducing violent crime, especially if gun related. Applicants who choose "Homicide" or "Gun Violence" as their community policing problem area in Section 6B of their 2014 CHP application will receive additional consideration for CHP fanding. Homeland Security Applicants who select "Homeland Security" as a problem area will receive additional consideration for CHP funding. This problem area includes protecting critical infrastructures, information/intelligence problems, and other homeland security problems. Trust Problems Applicants who select "Trust Problems" as a problem area will receive additional consideration for CHP funding. This problem area includes issues of fairness and impartiality, transparency problems, respect problems, and other trust -related problems. Please note: CHP grantees who choose one of the community policing problem areas listed above will not be allowed to change it post -award. Additional consideration may also be given for the following: • Applicants who have experienced an unanticipated catastrophic event. Applicants indicating that they have experienced an unanticipated catastrophic event will be required to submit an attachment documenting the event or incident as part of their application. • Applicants that have a neighborhood or other geographic area designated as a Promise Zone as part of the President's Promise Zone Initiative. • Applicants who commit to hire at least one military veteran. These military veterans may be in any of the three hiring categories; new hire, rehire or rehire scheduled to be laid off. The COPS Office defines a military veteran as someone "who served on active duty for a period of at least 180 days, any part of which occurred beginning on or after September 11, 2001, to the present, and who has been discharged or released from active duty in the armed forces under honorable conditions." Additional details about these and other FY2014 CHP requirements can be found in the program's Application Guide (instructions), available to your agency at http://cops.usdoj.gov/i)df/2014AwardDoes/CHP/2014 CHP AppGuide pdf; frequently asked questions are also available and can be found at littp://cops.Lisdoj.gov/ndf/2014AwardDoes/CHP/2014- CHP-FAOs-meth.pdf. ADVANCING PUNJC SAI-'t:`1"Y T13 olj(rll C;OMMI)N11Y POLICING Preparinf Your Application The COPS Office wants to ensure that your agency has sufficient time to complete your CHP application; we strongly recommend that your agency begin preparations for your application at this time. To minimize delays in submitting your application, please take some time now to address the following: It is strongly recommended that applicants register immediately on www.grants.gov. For instructions on how to register with Grants.gov please visit fittn'//iAi w.grants.gov/doCIJMCDtS/I 9/18243/GrmtsGovAT)plicailtUserGuidepdf/Oed6bbba-3b87-4600-8449- 4bb 1603b4e70. In addition, applicants are strongly encouraged to complete the SF -424 as quickly as possible. For technical assistance with submitting the SF -424, call the Grants.gov Contact Center at 1.800.518.4726 or e-mail support@grants.g_ov. Visit the "Account Access" portion of the COPS Office web site at www.cops.usdoi.govto determine if your agency currently has an active online account and/or how to create one. Please note that the COPS Agency Portal ("Account Access") has recently been modified. Answers to frequently asked questions regarding the COPS Agency Portal can be found at: www.cops.usdoi.gov/Default.asl2?Item=2566 or by contacting the COPS Office Response Center at 1.800.421.6770. Note: For best results with the COPS website, we recommend Internet Explorer versions 9, 10, or 11. When using Internet Explorer l I users should add the COPS Office website to the Compatibility View settings in the browser by following htip://www.cops.usdoi.goy/pdf/Compatibility-IEII.pd or contacting the COPS Office Response Center. • If you do not remember your password or user name and need assistance with creating an account and/or system access, or you would like to verify your agency's correct ORI number, call 1.800.421.6770 between 9:00 AM and 5:00 PM EDT, or e-mail askCopsRC@a usdoi.2ov. • Once logged into "Account Access," your agency will be able to add additional user accounts and also update your agency contact and address information. Please ensure that your agency's Law Enforcement Executive, Govermment Executive, and point of contact information are current with our office. • A Data Universal Numbering System (DUNS) number is required to submit applications for COPS funding. A DUNS number is a unique nine or thirteen -digit sequence recognized as the universal standard for identifying and keeping track of entities receiving federal funds. Please note that obtaining a DUNS number may take one to two business days. Visit www.dnb.com/us to obtain or verify your number. • In addition to the DUNS number requirement, all applicants for federal financial assistance must be registered in the System for Award Management (SAM) database prior to submitting an application. The SAM database is the repository for standard information about federal financial assistance applicants, recipients, and sub - recipients. Applicants must maintain an active SAM registration with current information at all tunes during the grant application process and, if awarded, the grant award period. ff you have an active SAM registration that is set to expire before September 30, 2014, you must renew your SAM registration before completing the application. Please note that the SAM verification process may take up to two weeks to complete. To register or to verify that your SAM registration has not expired, please visit www.sam.gov. • You will be required to provide the unique Geographic Names Information System (GNIS) identification number assigned to your agency. To look up your GNIS Feature ID, please visit: littp:H/ ,conwnes.usgs.gov/doiiiesfic/index.httnl. • Prepare to identify one community policing problem your agency will address with the requested funding. Consider your current and planned community policing efforts and how they build community partnerships, complement other community initiatives, and lead to organizational transformation. ADVANCING PUBLIC SAFETY Ti-ifw Gil COMA1I7i+IITY POLICING • Gather information devoted to the need for federal assistance, including layoff and furlough information, and unemployment rates. • Prepare current budgetary information, such as current and projected entry-level officer salary and benefits. • Determine if your agency can meet the local cash match and federal share requirements, or whether a waiver of the local cash match will be requested based on severe fiscal distress. • If your agency indicates that your jurisdiction has experienced an unanticipated catastrophic event, you will be required to submit a narrative description of the catastrophic event with as much detail as possible. • Applicants should note that all recipients of awards of $25,000 or more under this solicitation, consistent with the Federal Funding Accountability and Transparency Act (FFATA), will be required to report award information on any first-tier subawards totaling $25,000 or more, and, in certain cases, to report information on the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients. If applicable, the FFATA Subaward Reporting System (FSRS), accessible via the Internet at www.fsrs.gov, is the reporting tool recipients under this solicitation will use to capture and report subaward information and any executive compensation data required by FFATA. The subaward information entered in FSRS will then be displayed on www.USAS1?enditr4-R associated with the prime award, furthering Federal spending transparency. • All applicants should note that all recipients, as a condition of receipt of federal assistance, must acknowledge and agree that they will not (and will require any subgrantees, contractors, successors, transferees, and assignees not to), on the ground of race, color, religion, national origin, sex, disability, or age, unlawfully exclude any person from participation in, deny the benefits of or employment to any person, or subject any person to discrimination in connection with any programs or activities funded in whole or in part with federal funds. These civil rights requirements are found in the non-discrimination provisions of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. § 3789d); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); the Age Discrimination Act of 1975 (42 U.S.C. §6101, et seq.); Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 et seq.); and the corresponding DOJ regulations implementing those statutes at 28 C.F.R. part 42 (subparts C, D, E, G, and 1). It will also comply with Executive Order 13279 Equal Treatment for Faith -Based Organizations and its implementing regulations at 28 CY R Part 38, which requires equal treatment of religious organizations in the funding process and nondiscrimination of beneficiaries by Faith -Based Organizations on the basis of belief or non -belief. • Each applicant entity must ensure that it has the necessary processes and systems in place to comply with the applicable reporting requirements should it receive funding. ADVANCING PUBLIC SAFETY Tit IWLIGH COMMUNI'lY POLICING Staff: John Richbourg, Finance Director Agenda: 6/2/2014 SUBJECT This ordinance adopts the budget for the fiscal year ending June 30, 2015. EXECUTIVE SUMMARY The City Charter requires that a public hearing regarding the proposed city budget be held each year before the budget is adopted. This hearing will be held at the June 2 City Council meeting. Council will be asked to approve the first reading of the budget ordinance after the public hearing has been held. BACKGROUND/DISCUSSION All material items included in this proposed budget have previously been discussed with you at the Council Retreat. The proposed budget maintains the same property tax levy as the current year and includes no changes in the sewer, water and solid waste fees. This budget increases various charges at the municipal golf course. These charges are identified on page 309 of this budget. The property tax levy will be adopted in August after a public hearing has been held. STAFF RECOMMENDATION Staff recommends that you approve the first reading of the ordinance adopting the annual operating budget following the public hearing. Any changes you desire to make to the budget should be specifically agreed to at this meeting or no later than the June 16 City Council meeting when you give final readings to the budget ordinance. PUBLIC OUTREACH The 2014-2015 Proposed Operating Budget has been available since the City Council retreat on the City's web page at http://www.ci ofcapeegirardeau.org/CityHall/Cape-Girardeau-Finance.aspx. It is also available for review in the City Clerk's office. ATTACHMENTS: Name: Description: 0 2014-15 Operating_Budget.doc 2014-2015 Operating Budget Ord BILL NO. 14-81 ORDINANCE NO. AN ORDINANCE ADOPTING THE ANNUAL OPERATING BUDGET FOR THE CITY OF CAPE GIRARDEAU, MISSOURI, FOR THE FISCAL YEAR BEGINNING JULY 1, 2014 WHEREAS, the City Manager has submitted a proposed budget to the City Council in accordance with Section 6.02 of the City Charter; and WHEREAS, the proposed budget provides a complete financial plan of all City funds and activities for the fiscal year in accordance with Section 6.03 of the City Charter; and WHEREAS, the City Council has held the required public hearing on the budget in accordance with Section 6.06 of the City Charter; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council hereby adopts the annual operating budget for the fiscal year of July 1, 2014 to June 30, 2015. A copy of this document is on file in the office of the City Clerk. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. Harry E. Rediger Mayor ATTEST: Gayle L. Conrad, City Clerk Staff: John Richbourg, Finance Director Agenda: 6/2/2014 SUBJECT This ordinance adopts a budget appropriation for design - bid - build architectural and engineering services related to a new speed slide and optional design services for improvements to the interior grounds of the Lazy River at Cape Splash for the fiscal year ending June 30, 2014. EXECUTIVE SUMMARY Recently the council entered into an agreement to extend the hotel, motel, and restaurant taxes. This appropriation would fund architectural and engineering services for improvements to Cape Splash that can be funded as the result of that agreement. BACKGROUND/DISCUSSION Pursuant to an agreement to extend the hotel, motel, and restaurant taxes, staff issued a task order for $73,000 to Markey and Associates for design - bid - build services for a new speed slide at Cape Splash. This task order also included a $5,000 option for design services for improvements to the interior grounds of the Lazy River at Cape Splash. This budget ordinance would fund these two items from the Convention and Tourism Fund. STAFF RECOMMENDATION Staff recommends that you approve the first reading of this ordinance. ATTACHMENTS: Name: ❑ Appropriation Cape Splash 2014.doc Description: Cape Splash Improvements Ordinance BILL NO. 14-82 ORDINANCE NO. AN ORDINANCE APPROPRIATING ADDITIONAL MONIES FOR OPERATING EXPENDITURES FROM THE CONVENTION AND TOURISM FUND FOR THE FISCAL YEAR ENDING JUNE 30, 2014, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council of the City of Cape Girardeau, Missouri, hereby appropriates Seventy-three Thousand Dollars ($73,000.00) from the unappropriated balance of the Convention and Tourism fund for expenditure during the fiscal year ending June 30, 2014, for architectural and engineering services for improvements to Cape Splash. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad City Clerk Staff: Ryan Shrimplin, AICP - City Agenda: Planner 6/2/2014 SUBJECT An Ordinance accepting a General Warranty Deed from Carlos and Emmagene Ratliff for property located at 1800 Perryville Road. EXECUTIVE SUMMARY The attached ordinance accepts a General Warranty Deed for a property located at 1800 Perryville Road. The City intends to install a new booster pump station (BPS) and a generator on the property. BACKGROUND/DISCUSSION As identified in the City's Water Master Plan, a new booster pump station (BPS) and a generator are needed near the intersection of West Cape Rock Drive and Perryville Road to aid in the filling of the Meadowbrook tanks (which will in turn aid in the filling of the future LaSalle tank), to accommodate the consolidation of pressure zones, to simplify the existing water main network at the intersection, and to help insure uninterrupted water service during power outages. The new booster pump will replace two older, lower capacity booster pumps presently located in underground dry -wells at the intersection. The BPS and the generator will be housed in a context sensitive, above -ground building to blend with the surrounding neighborhood. Due to the presence of extensive utility lines at the intersection, City staff began looking for an alternate location to install the BPS and the generator. The house at 1800 Perryville Road had recently been demolished by the owners, Carlos and Emmagene Ratliff, making it a highly desirable location for the new facility. After several discussions, staff was able to negotiate a price that was agreeable to the Ratliff s and the City Council. The Ratliffs have agreed to execute the attached General Warranty Deed at the time of closing. FINANCIAL IMPACT The owners are conveying the property to the City at a cost of $75,000. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Accepting the General Warranty Deed will give the City full ownership and control of a property needed for the construction of a new booster pump station (BPS) and a generator that will aid in the filling of the Meadowbrook tanks (which will in turn aid in the filling of the future LaSalle tank), to accommodate the consolidation of pressure zones, to simplify the existing water main network at the intersection, and to help insure uninterrupted water service during power outages. STAFF RECOMMENDATION Staff recommends approval of the ordinance accepting a General Warranty Deed from Carlos and Emmagene Ratliff for property located at 1800 Perryville Road. ATTACHMENTS: Name: ❑ Ratliff 1800_ Perryville_ Rd Deed.doc ❑ 1800 Perryville Map.pdf ❑ General Warranty Deed (Individuals) RTF - 14213157.PDF Description: Ordinance Accepting Deed -1800 Perryville Rd. -Ratliff 1800 Perryville Road Map General Warranty Deed - 1800 Perryville Rd BILL NO. 14-85 ORDINANCE NO. AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM CARLOS RATLIFF AND EMMAGENE RATLIFF FOR PROPERTY LOCATED AT 1800 PERRYVILLE ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri hereby accepts a General Warranty Deed from Carlos Ratliff and Emmagene Ratliff, conveying property located at 1800 Perryville Road, in the City of Cape Girardeau, Missouri, to the City of Cape Girardeau, Missouri, said property more particularly described as follows, to -wit: A part of Lot Six (6) of R. L. Wilson's Subdivision of Out Lot Seventy -Four (74) in U.S.P. Survey No. 2199, in the City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 2 at Page 57, land records of Cape Girardeau County, Missouri, described as follows: Begin at a point where the North line of said U.S.P. Survey 2199 intersects the North and East line of Perryville Road, from which point the Northwest corner of said Out Lot 74 bears North 83° 0' West, 56.8 feet; thence South 83° 0' East along the North line of said Survey 169.9 feet for a corner; thence South 36° 0' West, 135.0 feet for a corner in the North and East line of Perryville Road; thence Northwest along the said line of Perryville Road, 157.0 feet to the point of beginning. LESS AND EXCEPTING: That part of the following described tract of land which lies South of a line drawn parallel to and 25 feet North of the center line of the existing 20 foot concrete pavement on Perryville Road, in Part of Lot 6 of R. L. Wilson's Subdivision of Out Lot 74, in U.S.P. Survey No. 2199, described as follows: Begin at the intersection of the North line of Perryville Road and the North line of U.S.P. Survey No. 2199; thence South 83° East along the North line of U.S.P. Survey No. 2199, 169.9 feet; thence South 36° West, 135 feet to the Northeast line of Perryville Road; thence in a Northwesterly direction along the said Northeast line 157 feet to the point of beginning. Subject to terms, conditions, restrictions, reservations and easements of record, if any. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. Harry E. Rediger Mayor ATTEST: Gayle L. Conrad City Clerk Cape Rock/Perryville BPS/Generator Project 1800 Perryville Road 1 J cK \ _ 2009 y r E&A Ila •� 2015 1 • 2021 \ A 0 \ \ _ 1800 Perryville Road Gei" \ 1800 1683 4 \ 1826 o 1608 1681 \`\ 0 F \ ` \ L 1604 r City of Cape Girardeau N Division of Planning Services Legend GIS Data W+ E Water Lines May 22, 2014 S Cape Girardeau County Abstract and Title Company, Inc. File No. 14213157 Missouri General Warranty Deed This Indenture, Made on day of June, 2014, by and between CARLOS RATLIFF AND EMMAGENE RATLIFF, HUSBAND AND WIFE, as GRANTOR, and CITY OF CAPE GIRARDEAU, A MUNICIPAL CORPORATION, as GRANTEE, whose mailing address is: 401 INDEPENDENCE CAPE GIRARDEAU MO 63703 Property Address: 1800 PERRYVILLE ROAD, CAPE GIRARDEAU, MO 63701 WITNESSETH: THAT THE GRANTOR, in consideration of the sum of One Hundred Dollars ($100.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby Grant, Bargain, Sell, Convey and Confirm unto GRANTEE, GRANTEE'S heirs and assigns, the following described lots, tracts and parcels of land situated in the County of CAPE GIRARDEAU and State of Missouri, to wit: A part of Lot Six (6) of R. L. Wilson's Subdivision of Out Lot Seventy -Four (74) in U.S.P. Survey No. 2199, in the City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 2 at Page 57, land records of Cape Girardeau County, Missouri, described as follows: Begin at a point where the North line of said U. S.P. Survey 2199 intersects the North and East line of Perryville Road, from which point the Northwest corner of said Out Lot 74 bears North 8310' West, 56.8 feet; thence South 831 0' East along the North line of said Survey 169.9 feet for a corner; thence South 3610' West, 135.0 feet for a corner in the North and East line of Perryville Road; thence Northwest along the said line of Perryville Road, 157.0 feet to the point of beginning. LESS AND EXCEPTING: That part of the following described tract of land which lies South of a line drawn parallel to and 25 feet North of the center line of the existing 20 foot concrete pavement on Perryville Road, in Part of Lot 6 of R. L. Wilson's Subdivision of Out Lot 74, in U.S.P. Survey No. 2199, described as follows: Begin at the intersection of the North line of Perryville Road and the North line of U.S.P. Survey No. 2199; thence South 831 East along the North line of U.S.P. Survey No. 2199,169.9 feet; thence South 361 West, 135 feet to the Northeast line of Perryville Road; thence in a Northwesterly direction along the said Northeast line 157 feet to the point of beginning. Subject to terms, conditions, restrictions, reservations and easements of record, if any. TO HAVE AND TO HOLD The premises aforesaid with all singular, the rights, privileges, appurtenances and immunities thereto belonging or in any wise appertaining unto GRANTEE and unto GRANTEE'S heirs and assigns forever; the GRANTOR hereby covenanting that GRANTOR is lawfully seized of an indefeasible estate in fee of the premises herein conveyed; that GRANTOR has good right to convey the same; that the said premises are free and clear from any encumbrance done or suffered by GRANTOR or those under whom GRANTOR claims, except as stated above and except for all taxes assessments, general and special, not now due and payable, and that GRANTOR will warrant and defend the title to the said premises unto GRANTEE and unto GRANTEE'S heirs and assigns forever, against the lawful claims and demands of all persons whomsoever. If two or more persons constitute the GRANTOR or GRANTEE, the words GRANTOR and GRANTEE will be construed to read GRANTORS and GRANTEES whenever the sense of this Deed requires. IN WITNESS WHEREOF, The GRANTOR has hereunto executed this instrument on the day and year above written. CARLOS RATLIFF EMMAGENE RATLIFF State of Missouri, County of Cape Girardeau On this day of June, 2014, before me, the undersigned, a Notary Public in and for said County and State, personally appeared CARLOS RATLIFF AND EMMAGENE RATLIFF, HUSBAND AND WIFE, to me known to be the person(s) described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed, and the said CARLOS RATLIFF AND EMMAGENE RATLIFF, further declared that they are married. Witness my hand and Notarial Seal subscribed and affixed in said County and State, the day and year in this certificate above written. Notary Public My Term Expires: Staff: Gayle L. Conrad, Director of Agenda: Citizen Services/City Clerk 6/2/2014 SUBJECT An Ordinance authorizing the City Manager to execute a contract with the Cape Girardeau County Transit Authority to provide fixed route bus service for the City of Cape Girardeau during the fiscal year ending June 30, 2015. EXECUTIVE SUMMARY This ordinance authorizes the City Manager to enter into an agreement with CGCTA to provide fixed bus route service for the City during the fiscal year ending June 30, 2015 at a cost of $110,000. There are no changes from the previous year's contract. BACKGROUND/DISCUSSION The proposed 2014 - 2015 budget authorizes $110,000 for payment of this contract. This contract would be the eighth year that the fixed bus route service will be provided at the cost of $110,000. STAFF RECOMMENDATION Staff recommends approval of this ordinance. ATTACHMENTS: Name: ❑ Cape Gir County Transit_ Authority Bus 2014.doc ❑ 14-15 Fixed Route Bus Service Agreement.doc ❑ 13-14 Paratransit Service Plan.pdf ❑ 14-15 Bus Stops Map.pdf ❑ 14-15 Bus Stops.pdf ❑ 14-15 bus schedule.pdf ❑ 3QFY14-CITY BUS FINANCIAL REPORTS.05-22-14.pdf ❑ CTA fare bus ridership-2014.April.doc Description: CGCTA Bus Service Ordinance CGCTA Bus service agreement CGCTA paratransit service plan CGCTA bus service route map CGCTA bus service route CGCTA bus service schedule CGCTA 13 -143rd Qtr financials CGCTA bus ridership 2014 BILL NO. 14-86 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE CAPE GIRARDEAU COUNTY TRANSIT AUTHORITY TO PROVIDE FIXED BUS ROUTE SERVICE FOR THE CITY OF CAPE GIRARDEAU DURING THE FISCAL YEAR ENDING JUNE 30, 2015 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Contract with the Cape Girardeau County Transit Authority to provide fixed route bus service for the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, with such changes therein as shall be approved by the officers of the City executing the same. ARTICLE 2. That this Intergovernmental Cooperation Agreement is subject to the provisions of the Inter Governmental Cooperation Act, Section 70.210 et seq. of the Revised Statutes of the State of Missouri. The City Clerk is hereby authorized to file a copy hereof with the Office of the Secretary of State and the Recorder of Deeds, Cape Girardeau County. ARTICLE 3. This Ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk CONTRACT FOR FIXED ROUTE BUS SERVICE THIS AGREEMENT, made and entered into this day of 12014, by and between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter referred to as the "City", and the Cape Girardeau County Transit Authority, a transit authority established pursuant to Section 238.400 of the Revised Statutes of Missouri, hereinafter referred to as the "CGCTA". WITNESSETH: 1) This Agreement shall commence on July 1, 2014, and terminate on June 30, 2015. 2) Beginning July 1, 2014, CGCTA agrees to operate a fixed route bus system within the City of Cape Girardeau, Missouri. The buses will operate Monday through Friday from 6:00 a.m. to 6:00 p.m., and Saturday from 9:00 a.m. to 6:00 p.m. A Bus Guide showing additional descriptions of the program, including paratransit service, bus routes, and initial service rates are attached hereto as Exhibit "A" and are incorporated herein by reference. CGCTA agrees that funding from the City of Cape Girardeau will not be guaranteed for bus routes added without prior approval of the City Council. 3) CGCTA agrees that each vehicle operator shall have all required licenses, including a valid Missouri Chauffeur's License, Federal Transit Administration (FTA) and MoDOT Licenses, and all other applicable federal and state licenses, and shall conspicuously display such licenses along with a photograph of the operator inside the passenger compartment of the vehicle that he or she is operating. Each vehicle operator shall be clean, neat and courteous and shall assist all passengers who require help into and out of the vehicles, and carry any packages or groceries for said riders. CGCTA shall make special efforts to provide transportation for handicapped persons, including semi - ambulatory and wheel chair users, equal to the other riders provided for in the Agreement. The vehicle and ramp or lift utilized shall conform to the requirements specified in the Americans with Disabilities Act. 4) In consideration for the services provided as described herein from July 1, 2013 to June 30, 2014, the City agrees to transfer all of its grant allocations under Section 5311 of Chapter 53, Title 49, United States code to the CGCTA and to pay to CGCTA the sum of One Hundred Ten Thousand Dollars ($110,000.00) as follows: (a) An initial payment of Twenty-seven Thousand Five Hundred Dollars ($27,500.00) payable upon the execution of this Agreement; and (b) Additional payments of Twenty-seven Thousand Five Hundred Dollars ($27,500.00) thereafter on October 10, 2014, January 10, 2015, and April 10, 2015. 5) Any complaints concerning the fixed route bus system received by the City shall first be referred to CGCTA, and if not satisfactorily resolved at that level, shall be reviewed by the City Manager or his designee. 6) CGCTA agrees to comply with all applicable Federal, State and City laws and regulations governing the operation of its business, including the Federal Transit Administration (FTA) of the U.S. Department of Transportation and Drug and Alcohol Regulations of 49 CFR, Part 655, and Amended Part 40. 7) CGCTA agrees to maintain its buses and other equipment in safe and good operating condition at all times. 8) CGCTA agrees to indemnify and save harmless the City, its officers, employees, agents, servants and assigns from any and all liability, demands, suits or causes of action which arise out of or result from CGCTA's operations herein. CGCTA further agrees to provide liability insurance in the minimum amount of One Million Dollars ($1,000,000.00) per occurrence for bodily injury and for property damage, and automobile liability insurance in the same amount. Workers' compensation insurance to protect the contractor against all claims under the Workers' Compensation Law of the State of Missouri, and employer's liability insurance in an amount of not less than Twenty-five Thousand Dollars ($25,000.00) per person to protect CGCTA against any claims which for any reason do not fall under the provisions of the Workers' Compensation Law. CGCTA will provide the City with Certificates of Insurance for the insurance coverage required herein. 9) CGCTA shall comply with all laws, ordinances and executive orders relating to nondiscrimination, and shall not discriminate against any employee or applicant for employment because of race, creed, color, national origin or sex, and shall not deny the services to be rendered under this Agreement to any person because of race, creed, color, national origin, sex or handicap. 10) CGCTA shall not assign all or any portion of this Agreement without prior written consent of the City. 11) The City shall have the right to terminate this Agreement in the event CGCTA fails to comply with an of the provisions of this Agreement or by any act or omission that violates any term or condition hereof, becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt, or attempts to evade any of the terms of this Agreement, or practices any fraud or deceit on the City or its citizens. The City may exercise its right of termination by serving notice of such intention to terminate at least seven (7) days in advance of the effective date of the termination. 12) Whenever under the terms of this Agreement either party shall be permitted to give notice to the other, such notice shall be in writing, and if to be served on the City, it shall be deemed served when deposited in the United States Mail, certified, and addressed to: City Manager City Hall 401 Independence, P.O. Box 617 Cape Girardeau, MO 63702-0617 or when handed to the City Manager at City Hall, and if to be served upon CGCTA, then it shall be deemed served when deposited in the United States Mail, certified, and addressed to: Executive Director Cape Girardeau County Transit Authority 937 Broadway, Suite 200 Cape Girardeau, MO 63701 or when handed to the Executive Director of CGCTA. 13) CGCTA will maintain its central business office and dispatching service in the City of Cape Girardeau, Missouri and will maintain a local telephone number for dispatching, scheduling, inquiries and complaints. In addition, at least two (2) of CGCTA's five (5) person Board of Directors shall be residents of the City of Cape Girardeau. 14) At least five (5) days prior to each quarterly payment due from the City herein, CGCTA shall submit to the City a report showing the number of rides initiated in Cape Girardeau on the fixed route bus system during that quarter. The number of rides should show the day of the week and fixed route used for the bus service. The City's receipt of this usage report shall be a condition precedent to any payments due under this Agreement. 15) CGCTA will submit a copy of its audited financial statements for the fiscal year ending June 30, 2014, to City no later than December 31, 2014. 16) CGCTA will submit the following to the City within 30 days after the end of each quarter: (1) Depreciation schedule for all vehicles used in providing the fixed route bus service. Schedule shall include cost of each vehicle, accumulated depreciation, and amount of grants funds used to purchase the equipment (2) Mileage schedule that shows the end of quarter mileage for all vehicles used in providing the fixed route bus service (3) Repair schedule that shows the quarterly repair costs for all vehicles used in providing the fixed route bus service (4) Labor schedule that shows total man hours used in operating the fixed route bus system during the quarter (5) A copy of all grant reimbursement requests submitted during the quarter (6) The amount of financial support collected from partners located in Cape Girardeau for the bus service and the total amount of support collected from all parties for the bus service for the quarter. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. C ATTEST: Gayle L. Conrad, City Clerk ATTEST: Name and Title of Signer STATE OF MISSOURI ) ) ss. County of Cape Girardeau ) CITY OF CAPE GIRARDEAU, MISSOURI Scott A. Meyer, City Manager CAPE GIRARDEAU COUNTY TRANSIT AUTHORITY Tom Mogelnicki, Executive Director On this day of , 2013, 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 in behalf of the City by the authority of its City Council and acknowledged said instrument to be the free act and deed of the 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. Notary Public My Commission Expires: STATE OF MISSOURI ) ) ss. County of Cape Girardeau ) On this day of , 2013, before me appeared Tom Mogelnicki, to me personally known, who, being by me duly sworn, did say that he is the Executive Director of the Cape Girardeau County Transit Authority, a transit authority established pursuant to Section 238.400 of the Revised Statutes of Missouri, and that the said instrument was signed in behalf of the Cape Girardeau County Transit Authority and acknowledged said instrument to be the free act and deed of the Cape Girardeau County Transit Authority. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office the day and year first above written. Notary Public My Commission Expires: Cape Girardeau County Transit Authority Complementary Paratransit Service Plan OCTOBER 2010 CGCTA Complementary Paratransit Plan Section 1 — Identification of Entitv Submitting the Plan Cape Girardeau County Transit Authority 937 Broadway, Suite 200 Cape Girardeau, MO 63701 Telephone: 573-335-5533 Fax: 573-334-4872 Executive Director: Tom Mogelnicki Section 2 — Description of Fixed -Route Service Cape Girardeau County Transit Authority (CGCTA) operates a fixed route system that extends from a residential area south of the downtown to the retail development west of 1-55. There are two fixed routes with two buses providing a headway of approximately 45 minutes. (see Appendix A) The system provides access to two hospitals, numerous medical clinics, the public library, retail locations such as Westpark Mall, Walmart, and Target, among others. The system operates Monday -Friday between the hours of 6 am and 6 pm and on Saturdays from 9 am to 6 pm. Fares may be paid per trip or passes may be purchased. The general public is charged $1.50 per trip with seniors and persons with disabilities charged $.75. Day and monthly passes may be purchased for $4.00 and $35.00, respectively, for the general public and $2.00 and $17.50, respectively, for seniors and persons with disabilities. In 2005, a transit needs assessment was conducted by BMI-SG. That study, with the associated maps and tables, is incorporated by reference into this plan. The population living within three-fourths mile of the fixed -route is approximately 22,000. CGCTA owns three 'bans on chassis" that are operated on the fixed -route. Only two are in service at any one time, providing one backup. All three vehicles are handicapped accessible. Section 3 — Description of Existing Paratransit Services CGCTA offers paratransit service to persons living within three-fourths of a mile of the fixed route. The Southeast Missouri Alliance for Disability (SADI) provides transportation to their clients living in the county. The sheltered workshop also provides transportation to its clients. While these services may slightly reduce the demand for complementary paratransit, CGCTA does not rely on these systems to provide service due to lack of capacity. CGCTA Complementary Paratransit Plan The service provided complies with the requirements of 49 CFR Part 37.131 in that: (a) (1) (i) Complementary paratransit service is available for riders who live within three-fourths of a mile of the fixed route and within a three-fourths mile radius from any terminus. (a) (1) (ii) At the time the fixed route was implemented, there were no small areas outside the corridors but surrounded by them. (a) (1) (iii) Complementary paratransit is provided only within the three- fourths mile range. (a) (1) (iv) The core service area is defined as the area in which corridors with a width of three-fourths of a mile on each side of a fixed route merge together such that, with few and small exceptions, all origins and destinations within the area are served. (b) (1) Reservations for service may be made during normal business hours (Monday -Saturday, 8 am — 4:30 pm) and on Sundays during those hours. (b) (2) CGCTA provides pickup up times no more than 30 minutes before or after the requested departure times. (b) (3) CGCTA provides complementary paratransit service upon demand. Reservations ,ust be made the day before a ride is requested. (b) (4) CGCTA permits advance scheduling up to 14 days in advance of a trip. Any change in scheduling will be comply with the public notification requirements of Part 37.131 (b) and (c). (C) CGCTA fares for complementary paratransit will not exceed twice the fare that would be charged for a comparable trip on the fixed route. Personal care attendants accompanying a person eligible for complementary paratransit will ride free. (d) CGCTA does not impose any restrictions on trip purpose and does not prioritize trips. (e) The complementary paratransit is available the same days and hours as the fixed -route service. (f) (1) There are no restrictions on the number of trips a rider may request. (f) (2) CGCTA does not place new eligible riders on waiting lists due to lack of capacity. Additional vehicles are available to provide service for any sudden increase in service demand. (f) (3) CGCTA administrative staff will review trip sheets and other documents to ensure 1) pickups are made in a timely manner, 2) trip denials and missed trips are kept to a minimum, and 3) trips will not be denied based on excessive length. 2 CGCTA Complementary Paratransit Plan Section 4 — Plan to Provide Complementary Paratransit CGCTA has vehicles available to provide complementary paratransit the same hours and days as the fixed -route service. Based on demographic information contained in the transit study, an estimate of demand has been developed as follows: Cape Girardeau Area within 3/ mile of fixed route Population 35,319 22,000 Age 65+ 5,483 3,399 Mobility Limited (age 16+) 1,897 1,176 CGCTA initially made the assumption that of the above groups, approximately 10 percent would be unable to access the fixed route, resulting in 458 potential riders. If each rider were to make 15 trips per month (estimate from the ADA Paratransit Handbook), the demand would have been for 6,870 rides per month. If four rides were given per hour (based on a shared ride concept), the hours of service per month (1,718) divided by 4.3 weeks in a month would result in a demand for 400 hours of service. As CGCTA operates 69 hours a week, there would have to be approximately 6 paratransit vehicles available during the hours of operation. In addition to the three vehicles used on the fixed -route, CGCTA owns five accessible vehicles and sixteen non -accessible vehicles. As not all complementary paratransit trips require an accessible vehicle, the five accessible vehicles are more than sufficient for the demand. However, to date (November 2007), there is only one person who has certified for the Complementary Paratransit. The low usage of the complementary paratransit service may be a result of a contract that CGCTA has with the Southeast Missouri Area Agency on Agency that pays for rides for seniors and individuals with disabilities at no cost to the rider. In State Fiscal Year 2007, CGCTA provided 5-6 rides per week under this program. Paragraphs (d) (2) — (5) of 49 CFR 37.139 do not apply to this plan as complementary paratransit is already being provided that is in accordance with the requirements. A budget for Fiscal Years 2008-2013 may be found in Appendix B. CGCTA Complementary Paratransit Plan Section 5 — Eligibility and Certification Process The eligibility handbook and application are attached as Appendix C. Visitors to Cape Girardeau are permitted to request 21 days of complementary paratransit service during a 12 -month period. Visitors' service will be provided as required by Part 37.127. To use ADA paratransit service, a rider must be certified as eligible. Eligibility is determined on a case-by-case basis. According to ADA regulations, eligibility is strictly limited to those who have specific limitations thatrp event them from using a fixed route service. An application may be approved for full eligibility (unconditional) or on a limited basis for some trips only (conditional eligibility). If a rider is found to be capable of using regular bus transit for all trips, without the help of another person, he/she will not be eligible for paratransit. To apply for eligibility, the applicant must submit a fully completed application form. CGCTA will review the applicant's ability to use accessible public transportation. After reviewing the submitted application, CGCTA may contact the applicant for additional information. CGCTA may contact the applicant by phone, schedule a personal interview or a functional evaluation, or consult with the applicant's doctor, health professional or other specialist about the applicant's condition and abilities. Applications will be processed within 21 days after it has been received. The application must be properly completed and the applicant must make him/herself available for a second level assessment if requested. A second level assessment may include a telephone interview, medical verification, or an in-person interview. The in-person interview may include a functional test to determine the applicant's ability to take a public transit trip, such as being capable of walking to a bus stop, reading signs, etc. Eligibility determinations will be mailed to the applicant. If the applicant does not agree with the eligibility determination, he/she has the right to appeal. If an eligibility determination takes longer than 21 days, the applicant will be granted conditional eligibility that allows him/her to use the paratransit system until a final decision is made. This does not apply if, through inaction on the applicant's part, CGCTA is unable to complete the processing of the application. See Appendix C — Handbook and Application for a full description of the eligibility determination process. 4 CGCTA Complementary Paralransil Plan Section 6 — Public Participation Process CGCTA Transit Plan — 2005/2006 As part of the transit needs assessment conducted in 2005 and 2006, persons who may be eligible for complementary paratransit were included in the development of the study. A Transit Study Oversight Committee, comprised of representatives from the City of Cape Girardeau, United Way, Southeast Missouri Alliance for Disability Independence (SADI), Community Caring Council, MoDOT, and CGCTA, assisted BMI-SG with the development of the surveys, locations for meetings, etc. Public outreach was conducted in a variety of ways: telephone interviews, surveys conducted at retail locations, and interviews with various "gatekeepers" i.e. human service agencies. Three public meetings were also held, two in Cape Girardeau and one in Jackson. Upon request, CGCTA provided transportation to the meetings at no cost. Ninety-three persons registered at the two meetings held in Cape Girardeau. Complementary Paratransit Plan - 2007 Three opportunities were provided for the public to submit comments on this plan before it was submitted to MoDOT. Outreach for the meetings included placing advertisements in the local newspaper (see Appendix D) and placing flyers (also in Appendix D) in the following locations: City Hall Cape Garden Apartments Public Library Sav-A-Lot Grocery Schnucks Grocery Salvation Army County Health Department Lutheran Home Community Counseling Center Common Pleas Courthouse Kent Library (SEMO University) Red Star Baptist Church Academic Hall (SEMO University) Community Caring Center St. Mary's Cathedral Church CGCTA Offices Lindenwood Apartments Senior Centers Marquette Building (location of several social service agencies) Aldi's Grocery WalMart Osage Recreational Center Cross Trails Medical Center St. Francis Hospital Cape Garden Apartments SEMO University Student Union Southeast Missouri Hospital Dollar General Hastings — Town Plaza First Baptist Church (2 locations) United Methodist Church CGCTA Complementary Paratransit Plan CGCTA's Board of Directors hosted three open houses on October 16, 18, and 23, 2007, from 2 pm to 6 pm. Large scale maps were posted to show the area within the complementary paratransit service area. Comment cards were available that could be mailed back to the authority if necessary. Free transportation was also available with a 24-hour reservation required. No one attended the public meetings. In addition, no written comments were submitted. Annually, CGCTA will review the plan for any necessary updates. An opportunity for public comment will be provided in conjunction with the public hearing required to apply for FTA funding. In addition, CGCTA has created an advisory committee made up of representatives from social service agencies such as United Way, Caring Communities, SADI, etc. CGCTA will include individuals with disabilities on this committee as well. While all documents and meetings of this committee are open to public disclosure, CGCTA may choose not to disclose information about individuals that would be considered an unwarranted invasion of personal privacy. This committee meets at least once annually and as needed if updates are required. Section 7 — Coordination Efforts There are no other entities operating in the area that are required to also provide complementary paratransit. CGCTA Complementary Paratransit Plan Section 7 - Endorsement and/or Certifications CGCTA Complementary Paratransil Plan Authorizing Resolution WHEREAS, the Cape Girardeau County Transit Authority has made a commitment to providing excellent service to all residents of Cape Girardeau County; WHEREAS, the Cape Girardeau County Transit Authority has developed a Complementary Paratransit Plan for the Fixed -Route Service within the city of Cape Girardeau that meets the requirements of 49 CRF Part 37; NOW THEREFORE, be it resolved that this plan is adopted by the Cape Girardeau County Transit Authority. Adopted this �5 day of QC -%&W , 2010. Signature: Name: Scott Ringwald Title: Chair, Cape Girardeau County Transit Authority Board ATTEST: D Secretary CGCTA Complementary Paratransit Plan One -Time Certification of Existing Paratransit Service I, Danielle Waites, do certify that a survey was completed of the Cape Girardeau County Transit Authority's service area to identify any public or private entity that may provide paratransit or other special transportation service for ADA paratransit eligible individuals. Those entities are identified in Section 3 — Description of Existing Paratransit Services of this document. Date CGCTA Complementary Paralransil Plan Annual Certification of Existing Paratransit Service I, Danielle Waites, do certify I completed a survey of the Complementary Par transit Service offered by the Cape Girardeau County Transit Authority in co nection with its fixed -route service in the city of Cape Girardeau and the se ice is in compliance with 49 CE.R, Part 37. ADAC rrddinator 11--116 --116 Date 10 CGCTA Complementary Paratransit Plan Appendix B Operating Budget for State Fiscal Year 2010 Expense Description Ads and Promotions Administrators Salaries/Benefits Overhead Bonding Workman Comp Ins Dispatchers Salaries/Benefits Physicals Background Checks Drug & Alcohol Testing Training and Testing CPR Training Drivers Salaries/Benefits Licensing & Registration Fuel Cellular Phone General Liability Ins. Preventive Maintenance Misc Material Misc Vehicle Expense Vehicle Repairs Tires Vehicle - Other Total Expense FY 2008 FY 2009* FY 2010 FY 2011 FY 2012 FY 2013 $675 $699 $723 $748 $774 $801 $16,000 $16,560 $17,140 $17,740 $18,361 $19,004 $5,835 $6,039 $6,250 $6,469 $6,695 $6,929 $40 $41 $42 $43 $45 $47 $6,000 $6,210 $6,427 $6,652 $6,885 $7,126 $15,000 $15,525 $16,068 $16,630 $17,212 $17,814 $60 $62 $64 $66 $68 $70 $60 $62 $64 $66 $68 $70 $25 $26 $27 $28 $29 $30 $2,230 $2,308 $2,389 $2,473 $2,560 $2,650 $25 $26 $27 $28 $29 $30 $60,000 $62,100 $64,274 $66,524 $68,852 $71,262 $240 $248 $257 $266 $275 $285 $15,000 $15,525 $16,068 $16,630 $17,212 $17,814 $60 $62 $64 $66 $68 $70 $7,000 $7,245 $7,499 $7,761 $8,033 $8,314 $1,000 $1,035 $1,071 $1,108 $1,147 $1,187 $700 $725 $750 $776 $803 $831 $400 $414 $428 $443 $459 $475 $4,000 $4,140 $4,285 $4,435 $4,590 $4,751 $350 $362 $375 $388 $402 $416 $300 $311 $322 $333 $345 $357 $135,000 $139,725$144,614$149,673$154,912$160,333 *Future years budgets are based on inflation of 3.5% annually. Capital Budget for Fiscal Year 2010 Equipment Description Cost Modified van with lift Mod'Ifled van with lift Total Cost 11 $37,500 $37,500 75,000 CGCTA Complementary Paralransit Plan Appendix C ---- Handbook and Application 12 CGCTA Complementary Paratransit Plan Cape Girardeau County Transit Authority Complementary Paratransit Service IMPORTANT INFORMATION FOR APPLICANTS To apply, you must fully complete the attached application form. Persons who are unable to complete this form will be advised of alternative formats. The applicant may also request the assistance of staff to complete the form. This packet includes information and forms you need to apply for paratransit eligibility in the Cape Girardeau County area. As part of the requirements of the Americans with Disabilities Act (ADA), paratransit service is provided by all public transportation systems that operate a fixed -route service. This special type of public transportation service is limited to persons who are unable to access the fixed -route, some or all of the time, due to a disability or health related condition. To use ADA paratransit service, you must be certified as eligible. Eligibility is determined on a case-by-case basis. According to ADA regulations, eligibility is strictly limited to those who have specific limitations that prevent them from using a fixed route service. Your application may be approved for full eligibility (unconditional) or on a limited basis for some trips only (conditional eligibility). If you are found to be capable of using regular bus transit for all trips, without the help of another person, you will not be eligible for paratransit. 13 CGCTA Complementary Paralransit Plan ADA Paratransit Eligibility Standards To qualify for complementary paratransit service, the applicant must be: 1. An individual with a disability who is unable, as the result of a physical or mental impairment (including a vision impairment), and without the assistance of another individual (except the operator of a wheelchair lift or other boarding assistance device) to board, ride, or disembark from any vehicle on the system that is readily accessible to, and usable by, individual with disabilities. 2. Any individual with a disability who needs the assistance of a wheelchair lift or other boarding assistance device and is able, with such assistance, to board, ride, and disembark from any vehicle that is readily accessible to, and usable by, individuals with disabilities if the individual wants to travel on a route on the system during the hours of operation of the system at a time, or within a reasonable period of such time, when such a vehicle is not being used to provide designated public transportation on the route. 3. An individual whose boarding or disembarking location is one at which boarding or disembarking from the vehicle would be unsafe or could damage the lift device. 4. An individual using a common wheelchair if the wheelchair cannot be accommodated on the vehicle used for the route because the vehicle's lift device does not meet the wheelchair standards identified in 49 CFR Part 38. Only a specific impairment related condition that prevents an individual from traveling to a boarding location or from a disembarking location is a basis for eligibility. A condition that makes traveling more difficult for a person with a specific impairment related condition than for an individual who does not have the condition, but does not prevent the travel, is not a basis for eligibility. Architectural barriers not under the control of CGCTA and environmental barriers do not, standing alone, form a basis for eligibility. See 37.123 (e)(3)(ii). 14 CGCTA Complementary Paralransit Plan Visitors Visitors to Cape Girardeau are permitted to request 21 days of complementary paratransit service during a 12 -month period. Visitors' service will be provided as required by 49 CFR Part 37.127. Personal Care Attendants Individuals accompanying an ADA paratransit eligible individual shall be provided service as follows: 1. One other individual accompanying the ADA paratransit eligible individual shall be provided service. 2. If the ADA paratransit eligible individual is traveling with a personal care attendant, CGCTA shall also provide service to one other individual in addition to the attendant. Personal care attendants accompanying a person eligible for complementary paratransit will ride for free. 3. On either occasion, the ADA paratransit eligible individual must reserve space for the personal care attendant and/or the individual accompanying him/her when the ride is scheduled. Suspension of Service Rider Conduct Service may be denied to any individual demonstrating violent, seriously disruptive, or illegal conduct, using the same standards as would apply to any rider on the fixed route. Before suspending service, CGCTA will notify the individual in writing and provide the individual with an opportunity to be heard and present information and arguments against the suspension. If service is suspended, CGCTA will again contact the individual in writing. The individual then has the opportunity to appeal as described the initial eligibility process. No -Shows CGCTA may suspend service, for a reasonable period of time, to any eligible individual who establishes a pattern of practice of missing scheduled trips. W CGCTA Complementary Paratransil Plan A no-show occurs when a rider does not cancel a reservation at least one hour before the start of the schedule pick-up window and does not take the trip. The following are all treated as no-shows: Failing to show up to take a scheduled ride; Failing to ready to board the vehicle within five minutes of its arrival, during the pick-up window; Telling the driver the ride is not wanted; and Canceling a trip less than one hour before the start of the pick-up window. CGCTA will attempt to contact riders by telephone who are not at the pick- up location when the vehicle arrives to let them know they must go to the vehicle or they will be considered a no-show. If the rider cannot be contacted, but has an answering machine, a message will be left. If the rider has booked a round trip, or a trip with multiple destinations, CGCTA will make an effort to determine whether the rider wants the booked trips(s). A rider who no-shows for the first leg of either a round trip or multiple destination trip should contact CGCTA immediately to either cancel the remaining trips or confirm the reservation. Riders will receive a warning in writing after accumulating four no-shows on their record within a calendar quarter. If the riders accumulates six no- shows within a quarter, a suspension letter will be issued. 16 CGCTA Complementary Paratransit Plan Penalties for No -Shows The basis penalty for no-shows is a 30 -day suspension of service after six no-shows within a calendar quarter. If a rider is suspended, and then demonstrates a patter of no-shows after being reinstated, the rider may subsequently be suspended for longer period, as shown below. Period of Suspension First Suspension 30 days Second Suspension* 60 days Third Suspension* 90 days Fourth Suspension* Indefinite, pending demonstration that the problem behavior can and will be changed, Minimum: 90 days *within two years of the most recent suspension Exceptions Riders will not be penalized for no-shows that occur due to sudden emergencies that make it impossible for them to cancel. As only one hour's notice is required, CGCTA anticipates that most riders will be able to cancel on a timely basis. Riders will not be penalized for being a no- show if the vehicle arrives late (after the end of the pick-up window), or if an error was made by the scheduling staff. Riders are encouraged to discuss their record with CGCTA staff if they feel they have been "no - showed" in error. Appeals to Denial of Eligibility Riders who are suspended have the right to appeal and will be sent information about the appeal process with their suspension letter. A rider must notify CGCTA within 60 days if they wish to appeal. The appeal process will be the same as for denial of eligibility. Eligibility Determination Process Applications should be submitted to the ADA administrator who will review the applicant's ability to use accessible public transportation. After an initial review, additional information may be needed. CGCTA may: 17 CGCTA Complementary Paratransit Plan • Contact the applicant by phone • Schedule a personal interview or a functional evaluation, or • Consult with the applicant's doctor, health professional or other specialist about the applicant's condition and abilities The application will be processed within 21 days after it has been received. The application must be properly completed and the applicant must make him/herself available for a second level assessment if requested. A second level assessment may include a telephone interview, medical verification, or an in-person interview. The in-person interview may include a functional test to determine the applicant's ability to take a public transit trip, such as being capable of walking to a bus stop, reading signs, etc. If a determination is not made within 21 days, the applicant will be granted conditional eligibility until a determination is made. The applicant will receive notice of the eligibility determination by mail. Appeals If the applicant does not agree with the eligibility determination, an appeal may be filed with the Executive Director. Appeals must be made in writing and submitted within 60 days of the receipt of the denial letter. The applicant has the right to make also appeal in person and to have the necessary support, such as a sign language interpreter. The Executive Director will review the original application and the reasons for denial. The Executive Director may also contact the applicant as mentioned above for clarification or questions. The Executive Director will make a determination with 30 days of the appeal being filed. If, at the end of thirty days, a decision has not been made, the applicant will be presumed eligible until a decision is reached. If the Executive Director also denies the application, the applicant has the right to appeal to CGCTA's Board of Directors by submitting a request in writing for the Board to review the application. The applicant also retains the right to file suit in civil court at any time during this process. 18 CGCTA Complementary Paratransit Plan INSTRUCTIONS FOR APPLICANTS 1. Please PRINT OR TYPE full responses to all of the questions on the application form. Your detailed responses and explanations will help us make an appropriate determination. Be sure to respond to ALL questions or your application will be considered incomplete. Incomplete applications will be returned. 2. You are not required to attach additional pages or information. However, you may want to send other documents that you think will help us understand your limitations. All information that you submit will be kept in strict confidence. 3. You must provide SIGNATURES in two places to complete the application: • Applicant Certification • Authorization to Release Information for an appropriate medical or rehabilitation professional 4. Return the completed application to: ADA Coordinator, 937 Broadway Suite 200 Cape Girardeau, Mo 63701 For help with the application process or to check on the status of your application, call (573) 335-5533. Wr:1 CGCTA Complementary Paratransit Plan Cape Girardeau County Transit Authority ADA Application Please Print Personal/Contact Information Name (first, middle, last): Home Address: City: Zip: Mailing Address (if different from home): City: Zip: Daytime Phone: ( ) TDD/TTY: ( ) 20 CGCTA Complementary Paratransit Plan Evening Phone: ( ) Cell Phone: ( ) Birth Date: / / ❑ Female ❑ Male Primary Language (please check): ❑ English ❑ Other (specify) If you need any future written information provided to you in an accessible format, please check which format you prefer: ❑ Diskette/CDR ❑ Audio tape ❑ Braille ❑ Large Print ❑ Other In case of emergency, whom should we contact? Name: Relationship: Day Phone: ( ) Eve. Phone: ( ) Please answer the following questions in detail — your specific answers will help us in determining your eligibility. 21 CGCTA Complementary Paratransil Plan 1. What disability or health related conditions PREVENTS you from using regular public transit without the help of another person? 2. Briefly explain HOW your condition prevents you from using regular public transit without the help of another person. 3. When did you first experience the conditions you described above? ❑ 0-1 year ago ❑ 1 — 5 years ago ❑ Longer than 5 years 4. Do the conditions you described change from day to day in a way that affects your ability to use public transit? ❑ Yes, good on some days, bad on others. ❑ No, doesn't change. ❑ Don't know. 5. Are the conditions you described: ❑ Permanent ❑ Temporary ❑ Don't Know If temporary, how long do you expect this to continue? 6. Do you use any of the following mobility aids or specialized equipment? (Check all that apply): ❑ Cane ❑ Power Wheelchair ❑ Communication Devices ❑ White Cane ❑ Service Animal ❑ Walker ❑ Power Scooter ❑ Crutches ❑ Manual Wheelchair ❑ Leg Braces ❑ Portable Oxygen Tank ❑ Other 22 CGCTA Complementary Paralransit Plan 7. Please check the box that best describes your current living situation: ❑ 24 hour care or Skilled Nursing Facility ❑ Assisted Living Facility ❑ I receive assistance from someone that comes to my home to help with daily living activities ❑ I live with family members who help me ❑ I live independently (without the assistance of another person) 8. How many city blocks can you travel with your usual mobility aid and without the help of another person? 9. Which of the following statements best describes you if you had to wait outside for a ride? (Check only one response): ❑ I could wait by myself for ten to fifteen minutes ❑ I could wait by myself for ten to fifteen minutes only if I had a seat and shelter ❑ I would need someone to wait with me because 10. Which of the following statements best describes you? (Check only one response): ❑ I have never used regular public transit ❑ I have used regular public transit but not since the onset of my disability ❑ I have used regular public transit within the last six months 11. How do you currently travel to your frequent destinations? (Check all that apply): ❑ Buses ❑ Paratransit ❑ Drive myself ❑ BART ❑ Taxi ❑ Someone drives me ❑ Other rx, CGCTA Complementary Paratransit Plan 12. Do you travel with the help of another person? ❑ Always ❑ Sometimes ❑ Never 12a. If "always" or "sometimes", what type of help do they provide? 13. Would you be able to get to and from the public transit stop nearest your home? ❑ Yes ❑ No ❑ Sometimes If no or sometimes, explain why: 14. Would you be able to grasp handles or railings, coins or tickets while boarding or exiting a transit vehicle? ❑ Yes ❑ No ❑ Sometimes ❑ Don't know, never tried it If no or sometimes, explain why.- 15. hy:15. Would you be able to maintain balance and tolerate movement of a public transit vehicle when seated? ❑ Yes ❑ No ❑ Sometimes ❑ Don't know, never tried it If no or sometimes, explain why: 16. Would you be able to get on or off a public transit bus if it has either a lift, a ramp, or a kneeler that lowers the front of the bus? ❑ Yes ❑ No ❑ Sometimes ❑ Don't know, never tried it If no or sometimes, explain why. za CGCTA Complementary Paralransil Plan 17. Please add any other information that you would like us to know about your abilities. Have you answered all the questions and provided explanations where required? INCOMPLETE APPLICATIONS WILL BE RETURNED AND WILL DELAY THE APPROVAL PROCESS I certify that the information in this application is true and correct. I understand that knowingly falsifying the information will result in denial of service. I understand all information will be kept confidential, and only the information required to provide the services I request will be disclosed to those who perform the services. I understand that it may be necessary to contact a professional familiar with my functional abilities to use public transit in order to assist in the determination of eligibility. Sign here: Applicant's signature Date Did someone help you in filling out this form? ❑ Yes ❑ No If yes, Name: Phone: ( ) Relationship: 25 CGCTA Complementary Paralransit Plan Please Note: It is your responsibility to notify us if your disability improves enough to change your eligibility status. If your condition improves after you have been determined eligible or we discover you submitted false information, your eligibility could be suspended or you may be asked to reapply. TO BE COMPLETED BYAPPL/CANT I hereby authorize the following licensed professional (doctor, therapist, social worker, etc.) who can verify my disability or health related condition, to release this information to my local public transit agency. This information will be used only to verify my eligibility for paratransit services. I understand that I have the right to receive a copy of this authorization, and that I may revoke it at any time. Name of Professional who may release my medical information: Address: Medical Record or ID #, if known: Telephone Fax Sign here: Applicant's signature Date CGCTA Complementary Paratransit Plan Appendix D - Public Outreach On April 27, 2010 the advisory committee met. The plan was reviewed and discussed and recommendations were made to update the route and schedule in accordance with the revised route. There were no other questions or concerns. Those in attendance are listed below: Penny Shepard Sandy Hardy Laura Oldham Pat Lowery Denny Ward Steve Colbert Tom Mogelnicki Danielle Waites James Heller Shirley Allen Gloria Myers Katrina Hodges Marilynn Schlosser Sherri Payne Michael Hopen Kay Azuma Shirley Tarwater Nancy Jernigan Mary Thompson Marian Bock Beth Glaus Miki Gundermeth Doug Leslie 27 °co i ap6j ,q"n"�+rm,ranRinxx i g P Road 638 County Road 618 County f-countyRoad6fe e $ I' 12 Rn County Road 662 m :k � j�� Le.Ngton Ave JR 3xovver Ra o LOld RGPar 3 �2la� r i � $ crw r Misaoua Rime a Cound Road 203 R * [°6 County Missouri Route AB a Scott County Highway 204 R x 8 w,epeQ 8 �4Or r m� P. T Bemi.,n a'to N .Modred St u'awnd jnd$ am _ oenWne t u > 1 L I m an Oak Sel 1 A / m N Southern T3Pt°'swaY t Q //Ml;dplppi RMw f• 1 Legwd w STOPS ® PRILIARY STOPS TR4N6rt HOSPRN G PU%ICSCHOOLS SOUTHROLHE STREETS NORTH RCUTE RUNWAY MTERBODY PFMi Missouri Route AS Unknown CTA BUS SERVICE (SITA Cape Girardeau Transit Authority Bus Service The blue line (north) services the following destinations: (in the following order) City Hall 44 North Lorimer Park & Main Red Star & Main Johnson & Main Cape Meadows & East Cape Rock Drive West Cape Rock & Lexington Steven Drive & Lexington Kiwanis Park & Perryville Road SEMO Round -a -bout 1025 North Sprigg 717 North Sprigg 325 North Sprigg Across from 937 Broadway E-T rEfflygm 400'block of North Clark Public Library 700 block of North Clark Immediate Health Care Metro Business College Fountain Bleau 1737 Kingshighway Osa e Center M. FEWIn Hawthorne & East Rodney Pind wood & Themis 2832 Themis Boxwood & Sycamore 3015 Themis South East Hospital To determine the pick up time at the desired address use the time of the highlighted stop preceding your stop Cape Girardeau Transit Authority Bus Service The red line (south) services the following destinations: (in the following order) 101 South Pacific 611 South West End Shawnee Park 1121 Linden 1105 Linden 909 Hackberry 1202 South Sprigg 318 South Sprigg SAV -A -LOT Schnucks Target Sears Corner of Armstrong & Siemers VOTECH Cape High School South Mount Auburn & Highway #74 Doctors Park (C&B) Holiday Inn Express - St Frances & Gordonville road 300 block of Silver Springs Cross Trails Medical Cape Centre & Broadview Schnucks To determine the pick up time at the desired address use the time of the highlighted stop preceding your stop d Q N N CL3 p¢eaeeeeapappaopapa C� Qeeep�aaappa. 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U C1 V n W P .r r. •n ru N Nl 'Y V V Oi G1 nn ti N M C V # # # Cape Girardeau County Transit Authority City Bus Route January 2014 Income Bus #1 -North Bus #2 -South Bus #3 -South Bus 94 -Spare Advertising Income $ 333.34 $ 333.34 $ 333.34 $ 333.34 $ 1,333.36 Funding from City of Cape Girardeau $ 9,166.67 Funding from MODOT 5311 Grant $ 8,778.94 Bus Passes $ 1,127.00 Bus Fares $ 966.00 Total Income $ 21,371.97 Expenses Bus #1 -North Bus #2 -South Bus #3 -South Bus #4 -Spare Fuel fat$2.8061/gallon) $ 2,278.55 $ 1,891.31 $ 738.00 $ 126.27 $ 5,034.14 Repairs/Maintenance - Vehicles $ 596.42 $ 267.13 $ 938.87 $ 278.39 $ 2,080.81 Vehicle Insurance $ 135.17 $ 135.17 $ 507.00 $ 103.58 $ 880.92 Depreciation (Eligible 20%) $ 184.41 $ 184.41 $ 161.15 $ - $ 529.98 Licensing/Registrations Fees $ 48.00 $ 48.00 $ 48.00 $ 48.00 $ 192.00 Driver Salaries $ 4,459.10 $ 3,716.50 $ 3,351.44 $ - $ 11,527.04 Administrative Salaries $ 1,733.39 Dispatcher Salaries $ 120.16 Social Security $ 829.60 Medicare $ 194.02 State Unemployment Tax $ 70.46 Pension Payable $ 164.15 Workers Compensation Insurance $ 432.01 General Liability Insurance $ 89.52 Drug Testing $ 100.00 Employee Background Checks $ 41.00 DOT Physicals $ 140.00 Training $ 35.00 Total Expenses $ 24,194.19 Net Loss $ (2,822.22) Bus#1-North Bus#2-South Bus#3-South Bus#4-Spare Miles driven for the month 5241 4095 1675 289 Driver Salary Calculation For Buses: Calculation for Vehicle Insurance: Due to changes in our accounting practices Bus#1: $1,622 peryear we will be using "actual" payroll expenses Bus #2: $1,622 per year for our bus drivers instead of the Bus#3: $6,084 peryear calculation method previously used. Bus#4: $1,243 peryear Calculation for Workers Compensation Insurance: Rate for Drivers : 3.7049% Rate for Dispatch & Admin: 0.2668% Administrative Salary Calculation: 24 hrs per week x 4.33 weeks x$16.68/hr Calculation for General Liability Insurance: Took bus ridership for the previous fiscal year and divided by total ridership Dispatcher Salary Calculation: to establish percentage. This percentage was then applied to the monthly 3 furs per week x 4.33 weeks x $9.25/hr portion of the company's general liability insurance costs. Approximate Calculation for Payroll Expenses: Depreciation Note: Social Security= 6.2% of Salaries The depreciation recorded is 20% of the depreciation shown on Medicare =1.45%of Salaries CfA's books, since that is all that is eligible for reimbursement Pension Payable = 2% of Salaries through MODOT. State Unemployment = $0.09 per hour Funding From MODOT 5311: Took expenses of bus route divided by total expenses to get percentage. From there, took the percentage by the amount of funding we received to determine how much is applicable to the bus route. Cape Girardeau County Transit Authority City Bus Route February 2014 Income Bus tt1-North Bustt2-South Bus43-South Bustt4-Spare Advertising income $ 333.34 $ 333.34 $ 333.34 $ 333.34 $ 1,333.36 Funding from City of Cape Girardeau $ 9,166.67 Funding from MODOT 5331 Grant $ 5,317.52 Bus Passes $ 1,031.15 Bus Fares $ 792.00 Total Income $ 17,640.70 Expenses Bus tt1-North Bus tt2-South Bus tt3-South Bus tt4-Spare Fuel (at $2.99/gallon) $ 1,907.62 $ 1,614.60 $ 849.16 $ 388.70 $ 4,760.08 Repairs/Maintenance - Vehicles $ 212.48 $ 540.00 $ 331.66 $ 15.00 $ 1,099.14 Vehicle Insurance $ 135.17 $ 135.17 $ 507.00 $ 103.58 $ 880.92 Depreciation (Eligible 20%) $ 184.41 $ 184.41 $ 161.15 $ - $ 529.98 Driver Salaries $ 2,619.45 $ 2,163.30 $ 2,993.20 $ - $ 7,775.95 Administrative Salaries $ 1,733.39 Dispatcher Salaries $ 120.16 Social Security $ 597.03 Medicare $ 139.63 State Unemployment Tax $ 50.97 Pension Payable $ 115.65 Workers Compensation Insurance $ 293.04 General Liability Insurance $ 89.52 Drug Testing $ 100.00 Training $ 35.00 Total Expenses $ 18,320.45 Net Loss $ (679.74) Bus tt1-North Bustt2-South Bustt3-South Bustt4-Spare Miles driven for the month 4139 3461 1672 857 Driver Salary Calculation For Buses: Calculation for Vehicle Insurance: Due to changes in our accounting practices Bus #1: $1,622 per year we will be using "actual" payroll expenses Bus tt2: $1,622 per year for our bus drivers instead of the Bus tt3: $6,084 per year calculation method previously used. Bus #4: $1,243 peryear Calculation for Workers Compensation Insurance: Rate for Drivers : 3.7049% Rate for Dispatch & Admin: 0.2668% Administrative Salary Calculation: 24 ins per week x 4.33 weeks x $16.68/hr Calculation for General Liability Insurance: Took bus ridership for the previous fiscal year and divided by total ridership Dispatcher Salary Calculation: to establish percentage. This percentage was then applied to the monthly 3 firs per week x 4.33 weeks x $9.25/hr portion of the company's general liability insurance costs. Approximate Calculation for Payroll Expenses: Depreciation Note: Social Security = 6.2% of Salaries The depreciation recorded is 20% of the depreciation shown on Medicare = 1.45% of Salaries LTA's books, since that is all that is eligible for reimbursement Pension Payable = 2% of Salaries through MODOT. State Unemployment = $0.09 per hour Funding From MODOT 5311: Took expenses of bus route divided by total expenses to get percentage. From there, took the percentage by the amount of funding we received to determine how much is applicable to the bus route. Cape Girardeau County Transit Authority City Bus Route March 2014 Income Advertising Income Funding from City of Cape Girardeau Funding from MODOT 5311 Grant Bus Passes Bus Fares Total Income Expenses Fuel (at $3.134/gallon) Repairs/Maintenance - Vehicles Vehicle Insurance Depreciation (Eligible 20%) Driver Salaries Administrative Salaries Dispatcher Salaries Social Security Medicare State Unemployment Tax Pension Payable Workers Compensation Insurance General Liability Insurance Drug Testing Training Total Expenses Net Loss Miles driven for the month Driver Salary Calculation For Buses: Due to changes in our accounting practices we will be using "actual" payroll expenses for our bus drivers instead of the calculation method previously used. Administrative Salary Calculation: 24 hrs per week x 4.33 weeks x $16.68/hr Dispatcher Salary Calculation: 3 hrs per week x 4.33 weeks x $9.25/hr Bus #1 -North Bus#2-South Bus#3-South Bus#4-Spare $ 333.34 Vehicle Insurance: $ 333.34 $ 333.34 $ 333.34 peryear $ 1,333.36 per year Bus#4: $1,243 peryear $ 9,166.67 $ 4,919.47 $ 1,007.00 $ 1,220.61 $ 17,647.11 Bus #1 -North Bus #2 -South Bus #3 -South Bus #4 -Spare $ 2,478.99 $ 369.81 $ 1,156.45 $ 62.68 $ 4,067.93 $ 323.99 $ 38.99 $ 68.85 $ 38.99 $ 470.82 $ 135.17 $ 135.17 $ 507.00 $ 103.58 $ 880.92 $ 184.41 $ 184.41 $ 161.15 $ - $ 529.98 $ 3,549.75 $ 2,129.08 $ 2,230.02 $ - $ 7,908.85 $ 1,733.39 $ 120.16 $ 605.27 $ 141.55 $ 51.64 $ 115.63 $ 590.97 $ 89.52 $ 100.00 $ 35.00 $ 17,441.63 $ 205.48 Bus #1 -North Bus#2-South Bus#3-South Bus#4-Spare Approximate Calculation for Payroll Expenses: Social Security = 6.2% of Salaries Medicare = 1.45% of Salaries Pension Payable = 2% of Salaries State Unemployment = $0.09 per hour Calculation for Vehicle Insurance: Bus#1: $1,622 per year Bus#2: $1,622 peryear Bus#3: $6,084 per year Bus#4: $1,243 peryear Calculation for Workers Compensation Insurance: Rate for Drivers : 3.7049% Rate for Dispatch & Admin: 0.2668% Calculation for General Liability Insurance: Took bus ridership for the previous fiscal year and divided by total ridership to establish percentage. This percentage was then applied to the monthly portion of the company's general liability insurance costs. Depreciation Note: The depreciation recorded is 20% of the depreciation shown on CTA's books, since that is all that is eligible for reimbursement through MODOT. Funding From MODOT 5311: Took expenses of bus route divided by total expenses to get percentage. From there, took the percentage by the amount of funding we received to determine how much is applicable to the bus route. CTA Demand Response/Bus Riders 2014 Calendaryear MONTH Demand Response Riders Bus Riders Total January 11849 4648 16497 February 12305 4202 16507 March 12787 4578 17365 April 11571 4557 16128 May June Jul August September October November December Yearly Total 48512 17985 66497 "average rides per month (2010)=12173 per month "average rides per month (2011)=11612 per month "average rides per month (2012)=11326 per month "average rides per month (2013)=14643 per month Staff: Ryan Shrimplin, AICP - City Agenda: Planner 6/2/2014 SUBJECT An Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by rezoning property located at Silver Springs Road and Pioneer Drive, in the City and County of Cape Girardeau, Missouri, from R-1 and RMH to C-2. EXECUTIVE SUMMARY The attached ordinance rezones two areas at Silver Springs Road and Pioneer Drive. A public hearing to consider the rezoning request is also on this agenda as a separate item. BACKGROUND/DISCUSSION An application has been submitted to rezone two areas adjacent to the Pioneer Mobile Home Court, located between Shawnee Parkway, Silver Springs Road, and Pioneer Drive. One of the areas is zoned R-1 (Single - Family Suburban Residential) and the other area is zoned RMH (Residential Manufactured Home). The applicant is requesting that both areas be rezoned to C-2 (Highway Commercial). The immediately surrounding properties are zoned C-2 (Highway Commercial) between the two areas to be rezoned, R-4 (Medium Density Multifamily Residential) to the north, RMH (Residential Manufactured Home) to the southeast, and R-1 (Single -Family Suburban Residential) to the southwest. This area is characterized by mobile home parks, single-family and multifamily residential uses, commercial uses, and undeveloped land. The Comprehensive Plan's Future Land Use and Infrastructure Map shows this area as Mixed Use. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS In considering a rezoning request, the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended rezoning the two areas to the C-1 (General Commercial) district instead of C-2. See attached staff report for more information. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing on May 14, 2014 and recommended rezoning both areas to C-2 by a vote of 8 in favor, 0 in opposition, and 0 abstaining. Although no one appeared at the public hearing, staff did receive a phone call from a resident of the adjacent mobile home park, who claimed that several of the residents are opposed to the proposed rezoning, primarily due to traffic concerns. See attached email for more information. PUBLIC OUTREACH The City Council's public hearing was advertised in the Southeast Missourian on May 18, 2014. In addition, a sign containing the date, time, location, and subject of the public hearing was posted on the property. ATTACHMENTS: Name: ❑ Rezone -Silver Spring Pioneer.doc ❑ Staff Review -Referral -Action Form.W ❑ Application - REZ - Intersection of Silver Springs Rd Pioneer_DrTpdf ❑ Map - Silver Spring Rd -Pioneer Drive Aerial Zoning.pdf ❑ Map - Silver Spring Rd -Pioneer_ Drive_FLU.pdf ❑ Staff Report P Z Rezoning_ Silver Springs Rd Pioneer_Dr.pdf ❑ Email re Anonymous_ Resident Opposition.1df ❑ Zoning Map - Silver Springs Pioneer Drive Area.pdf ❑ RR-1Tpdf ❑ RMH.pdf ❑ C-2.pdf ❑ C-1.pdf Description: Ordinance Rezoning Silver Springs & Pioneer Silver Springs & Pioneer- Staff RRA Form Silver Springs & Pioneer- Rezoning Application Silver Springs & Pioneer- Rezoning Map Silver Springs & Pioneer- FLU Map Silver Springs & Pioneer- P&Z Staff Report Email re Anonymous Resident Opposition Silver Springs & Pioneer- Zoomed out Map R-1 Zoning District Regulations RMH Zoning District Regulations C-2 Zoning District Regulations C-1 Zoning District Regulations BILL NO. 14-88 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF PROPERTY LOCATED AT SILVER SPRINGS ROAD AND PIONEER DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM R-1 AND RMH TO C-2 WHEREAS, the City Planning and Zoning Commission has recommended rezoning all of the property described in Article 1 of this Ordinance from R-1, Single -Family Suburban Residential District and RMH, Residential Manufactured Home District, to C- 2, Highway Commercial District; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and public hearing was held on Monday, June 2, 2014; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 from R-1, Single -Family Suburban Residential District and RMH, Residential Manufactured Home District, to C-2, Highway Commercial District; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning of the property located at Silver Springs Road and Pioneer Drive, in the City and County of Cape Girardeau, Missouri, from R-1, Single -Family Suburban Residential District and RMH, Residential Manufactured Home District, to C-2, Highway Commercial District, said area being the following described property: 1 A PART OF SURVEY NO. 174, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN CAPE GIRARDEAU COUNTY MISSOURI, DESCRIBED AS Begin at centerline station 46+15.50 of Relocated Rte. 74, Thence South 070 33' 25" East, 240.78 feet and from centerline station 14+00 of Relocated Silver Springs Road, Thence North 730 10' 22" East, 58.36 feet to the Point of Beginning; Thence North 720 53' 25" East, 132. 58 feet to a point; Thence North 610 52' 17" East, 4.31 feet to a point; Thence South 240 50' 02" East, 294.66 feet to a point; Thence South 710 34'45" East, 39.82 feet to a point; Thence South 530 30' 24" East, 50.03 feet to a point; Thence South 530 30' 33" East, 35.41 feet to a point; Thence South 490 21' 55" E, 105.95 feet to a point; Thence South 690 09' 24" East, 69.52 feet to a point; Thence South 370 05' 21 East 48.30 feet to a point; Thence South 060 28' 08" West, 50.00 feet to a point; Thence North 830 28' 05" West, 165.51 feet to a point; Thence South 000 48' 37" East, 114.03 feet to a point; Thence South 200 39' 34" East, 130.22 feet to a point; Thence South 020 11'42" East, 88.19 feet to a point; Thence South 020 27' 49" East, 79.00 feet to a point; Thence North 890 18' 56" West, 16.18 feet to a point; Thence North 000 02' 51" West, 74.40 feet to a point; Thence 368.50 feet along a curve to the left with a radius of 327.00 feet; Thence 162.10 feet along a curve to the right with a radius 223.00 feet; Thence North 170 43'26" West, 193.20 feet to a point; Thence North 140 58' 22" West, 193.14 feet to the Point of Beginning, containing 3.1 acres, more or less. ALSO: A PARCEL OF LAND BEING PART OF U.S.P. SURVEY #174, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Commence at an Iron Pipe at the Northeast Corner of said U.S. P. Survey #174; Thence N 820 51' 56" W, along the North Line thereof, a distance of 648.53 feet to a point on the Southerly Right of Way Line of Missouri State Highway #74 and the Point of Beginning; Thence departing from said Right of Way, S 040 32' 28" W, a distance of 152.89 feet to a 1/2" Iron Rod; Thence S 830 29'57 3) W, a distance of 131.27 feet to a Y2" Iron Rod; Thence S 060 02' 21" W, a distance of 233.05 feet to a Y2" Iron Rod; Thence N 880 2422" W, a distance of 352.78 feet to a Y2" Iron Rod; Thence N 060 14' 17" E, a distance of 450.81 feet to a Y2" Iron Rod on said Southerly Right of Way; Thence S 82° 51' 56" E, along said Right of Way a distance of 474.39 feet to the Point of Beginning. Containing 3.983 acres, more or less, in Cape Girardeau County, Missouri. As per Survey by Scott A. Richards, Professional Land Surveyor #2359, dated April of 2014. Subject to existing Easements of Record if any. Article 2. The City Council hereby finds and declares that the property described in Article l hereof is at the present time particularly suitable for the purposes and uses of a C-2, Highway Commercial District, and that such changes authorized hereby are reasonable and in reasonable conformity with the 2 existing uses and value of the immediately surrounding properties. Article 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk 3 2014. CITY OF CAPE GIRARDEA U, MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application FILE NO. 1303 LOCATION: Silver S-Drinas Rd. & Pioneer Dr. STAFF VIEW COMMENTS: William Beggs has requested to rezone property at the intersection of Silver Springs Road and Pioneer Drive from the R-1 (Single-family Suburban Residential) District and the RMH (Residential Manufactured Home) District to the C-2 (Highway Commercial) District. SEE STAFF REPORT FOR FURTHER INFORMATION City Planner CO/ Date A, CityAtto jne�._ Date CITY MA GER REFERRAL TO THE PLANNING AND ZONING COMMISSION. - City Manag Date Planning & Zoning Commission Public Hearing Sign Posting Date: - 150 - q -14 Public Hearing Date: RECOMMENDED A CTION: Trae Bertrand Larry Dowdy Jeff Glenn Bill Hinckley Randy Kluge VOTE COUNT: CnUUFVTN- Favor Oppose J Ll Abstain U L] L) Ll F1 j L] Ef Ll L1 Favor Ralph Maxton Scott McClanahan Doug Spooler Tom Welch Oppose 05/14/14 Fa!yox Oppose Abstain Q Lj U U ae"', Ll Ll G' Abstain City Council Action Posting Dates: Sign Newspaper i 4i' - 14- Public Hearing Date: (�A � "l�-- Ordinance I't Reading. VOTE COUNT: Ordinance 2nd & 3 d Reading: I =1 ORDINANCE # Effective Datel 'z- REZONING I SPECIAL USE PERMIT APPLICATION C1 I Of CAPE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Property Address/Location Intersection of Silver Springs Road and Pioneer Drive Applicant (including Contact Name) Property Owner of Record (if other than Applicant) William Beggs I Pioneer Development and Orchard Company Mailing Address City, State, Zip Mailing Address City, State, Zip P.O. Box 230 Kelso, MO 63758 P.O. Box 230 Kelso, MO 63758 Telephone Email Telephone Email 573-275-1390 wmbeggs1960@yahoo.com 573-275-1390 wmbeggs1960@yahoo.com Type of Request: Rezoning, Special Use Permit, or Both (Attach additional owners information if necessary) Rezoning N/A Existing Zoning District Proposed Zoning District (Rezoning requests only) R1 and RMH C2 Legal description of property to be rezoned and/or upon which the special use is to be conducted Legal descriptions attached: Describe the proposed use of the property Property currently zoned RMH to be used for a mobile home display and sales facility. The area currently zoned R1 will by used for commercial development. Application continues on next page OFFICE USE ONLY Date Received 4-2A2 By Planning & Zoning Commission Recommendation City Council Final Action Date Date 1 File Number Revised 8/8/2012 Special Use Criteria (Special Use Permit requests only) Provide evidence that the proposed special use meets the criteria below. Attach additional sheets if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. 2) The proposed special use will not substantially increase fire hazards. 3) The proposed special use will not adversely affect the character of the neighborhood. 4) The proposed special use will not adversely affect the general welfare of the community. 5) The proposed special use will not overtax public utilities. ADDITIONAL ITEMS In addition to this application, the following items must be submitted: ✓ Application fee ($126.00 payable to City of Cape Girardeau) REQUIRED ✓ One (1) list of names and mailing addresses of adjoining property owners ✓ One (1) set of mailing envelopes, stamped and addressed to adjoining property owners One (1) full size copy of the recorded plat or a recent survey of the property One (1) full size site plan, drawn to an appropriate scale, depicting existing features to be removed, existing features to remain, and all proposed features such as: buildings and structures, paved areas, curbing, driveways, parking stalls, trash enclosures, fences, retaining walls, electrical transformers, power generators, light poles, landscaping areas, and freestanding signs (Planned Development rezonings and Special Use Permits only) ✓ One (1) reduced size (8-1/2" x 11") copy of the plat/survey (and site plan, if applicable) One (1) set of Planned Development documents (Planned Development rezonings only) CERTIFICATIONS I/we certify that I am/we are the Property Owner(s) of Record for the property described in this application. I/we understand and acknowledge that in addition to a rezoning and/or Special Use Permit, certain licenses and permits may be required in order to conduct the proposed use. I/we will ensure that all required licenses and permits are obtained prior to conducting the use and/or commencing work. I/we also understand that a use granted under a Special Use Permit must commence within twelve (12) months of the approval date or the permit will become void, unless an extension has been granted. fi a ar ^f s` P^ rF 6� Owner Signature Date Owner Signature Date I certify that I am an Agent authorized by the Property Owner(s) of Record to file this application on their behalf. A I01i ant Signature (if other than er) Date Revised 8/8/2012 LAND DESCRIPTIOR, - 3.1 ACRES R1 TO C2 A PART OF SURVEY NO. 174, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN CAPE GIRARDEAU COUNTY MISSOURI, DESCRIBED AS FOLLOWS: Begin at centerline station 46+15.50 of Relocated Rte. 74, Thence South 070 33' 25" East, 240.78 feet and from centerline station 14+00 of Relocated Silver Springs Road, Thence North 730 10' 22" East, 58.36 feet to the Point of Beginning; Thence North 720 53' 25" East, 132. 58 feet to a point; Thence North 610 52' 17" East, 4.31 feet to a point; Thence South 240 50' 02" East, 294.66 feet to a point; Thence South 710 34'45" East, 39.82 feet to a point; Thence South 530 30' 24" East, 50.03 feet to a point; Thence South 530 30' 33" East, 35.41 feet to a point; Thence South 490 21' 55" E7 105.95 feet to a point; Thence South 690 09' 24" East, 69.52 feet to a point; Thence South 370 05' 21 " East 48.30 feet to a point; Thence South 060 28' 08" West, 50.00 feet to a point; Thence North 830 28' 05" West, 165.51 feet to a point; Thence South 000 48' 37" East, 114.03 feet to a point; Thence South 200 39' 34" East, 130.22 feet to a point; Thence South 020 11'42" East, 88.19 feet to a point; Thence South 020 27'49" East, 79.00 feet to a point; Thence North 89' 18' 56" West, 16.18 feet to a point; Thence North 000 02' 51" West, 74.40 feet to a point; Thence 368.50 feet along a curve to the left with a radius of 327.00 feet; Thence 162.10 feet along a curve to the right with a radius 223.00 feet; Thence North 170 43'26" West, 193.20 feet to a point; Thence North 140 58' 22" West, 193.14 feet to the Point of Beginning, containing 3.1 acres, more or less. ALSO: LAND DESCRIPTION - 3.925 ACRES RMH TO C2 A PARCEL OF LAND BEING PART OF U.S.P. SURVEY #174, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Commence at an Iron Pipe at the Northeast Corner of said U.S.P. Survey #174; Thence N 820 51' 56" W, along the North Line thereof, a distance of 648.53 feet to a point on the Southerly Right of Way Line of Missouri State Highway #74 and the Point of Beginning, Thence departing from said Right of Way, S 040 32'28" W, a distance of 152.89 feet to a Y2" Iron Rod; Thence S 830 29' 57 7) W, a distance of 131.27 feet to a Y2" Iron Rod; Thence S 060 02' 21 " W, a distance of 233.05 feet to a Y2" Iron Rod; Thence N 880 2422" W, a distance of 352.78 feet to a Y2" Iron Rod; Thence N 060 14' 17" E, a distance of 450.81 feet to a Y2" Iron Rod on said Southerly Right of Way; Thence S 820 51'56" E, along said Right of Way a distance of 474.39 feet to the Point of Beginning. Containing 3.983 acres, more or less, in Cape Girardeau County, Missouri. As per Survey by Scott A. Richards, Professional Land Surveyor #2359, dated April of 2014. Subject to existing Easements of Record if any. Rebel Group LLC • • •• .• Girardeau, MO 63702 Southeast Missouri Hospital Associatio 1401 Lacey Street .• •- MO • William • Diane Beggs • Box 230 Kelso, • 63758 Sharon Naughton 310 N. Walnut Kennett, MO 63857 Warren S. Hastings P.O. Box 215 Cape Girardeau, MO 63702 Jerry D. Clubb 428 Silver Springs Road Cape Girardeau, MO 63703 William W. Beggs P.O. Box 230 Kelso, MO 63758 Lutheran Home for the Aged 2825 Bloomfield Road Cape Girardeau, MO 63701 r K a - y v i t „ s r • r 9 , „ v " Ok L M � a3 for �" �• ��ir d y ,n v ' r K a - y v i t „ s r • r 9 , „ v " Ok Date: 07-28-2003 Title: qr-nip.- 1 inch - 180 feet I File: 3 + acres frOM GtY,des 134921 Sq Feet: Closure = n66.1609e 2.21 Feet: Precision =1/1091. Perimeter = 2415 Feet Tract 1: 3.097 Acre 1 Q r% rlxxf 1618 001=/N73,1022E 58.35 Beg 002=N72.5325E 132-58 003=N61.5217E 4.31 004-.524.5002E24.5002E 294.66 005=S71.3445E 39-82 006=S53.3024E 50.03 007=553.3033E 35.41 008=549.2155E 105.95 009=S69,0924E 69.52 010=S37,0521E 48.30 01 I=SO6.2808W 50 012=N83.2805W 165.51 013=S00.4837E 114.03 014=520.3934E 130-22 015=S02.1142F, 88.19 016=SO2.2749F, 79 1-*f..T VI0 6 018=N00.025lW74.40 019: Lt, R=327, Arc --368.50 020- Rt, R=223, Arc= 162. LO 021=N17.4326W 193.30 022=N14.5822W 193.14 Beg PARENT PARCEL IS: PIONEER DEVELOPMENTFOR: WILLIAM BEGGS AND ORCHARD, LOCATED IN BOOK #311, ATPLAT OF SUR' V MOM lay" CAPE GIRARDEAU, MISSOURI PAGE #305 OF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI. DESCRIPTION A PARCEL of LAND 15EING PART OF U.5.1'. 5URVEY # 1 74, TOWN51-IIP 30 NORTI15 RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, 5AID PARCEL BEING MORE PARTICULARLY DE5CR15ED BY METE5 AND BOUND5 A5 FOLLOW5: COMMENCE at an Iron Pipe at the Northeast Corner of Said U.5. P. 5urvey # 174; thence N.82'5 150W., along the North Line thereof, a dl5tance of 08.53 feet to a Point on the 5outherly Right -of -Way Line of MI550url 5tate Highway #74 and the POINT Of BEGINNING; thence departing from Said Dight -of -Way, 5.04°32'28"W., a d15tance of 152.89 feet to a 112" Iron Rod; thence 5.83'29'57"W., a distance of 13 1.27 feet to a 112" Iron Rod; thence 5.0G'02'2 I '"W., a distance of 233.05 feet to a 112" Iron Rod; thence N.88°24'22"W., a distance of 352.78 feet to a 112" Iron Prod; thence N,OC° 14' 17"ff,, a dl5tance of 450.8 I feet to a 112" Iron Rod on Said 5outherly Right -of -Way; thence 5.82°5 15G"E., along Said Right -of -Way, a d,i5tance of 474.39 feet to the POINT Of BEGINNING. Containing 3.983 acres, more or less, in Cape Girardeau County, M1550uri, A5 per 5urvey by Scott A. Richards, Profe55ional Land 5urveyor #23.59, dated April of 2014. Subject to existing Ea5ement5 of Record If any. GRAPHIC SCALE 80 0 40 EQ rtB0 330 1M FEE URBAN SURVEY 1 inch 80 ft. 1 REVISED LEGAL AND ACREAGE KKS 4-18-2014 � WILLIAM BEGGS KKS ` SAR CAPE GIRARDEAU COUNTY, MO. 1 "=80` 4-04-2014 CA, SURVEY OF 3.925 AC, R1403042 1 OF 1 FILE FOR RECORD THIS _____ DAY OF 2014 IN THE OFFICE OF THE RECORDER OF DEEDS IN CAPE GIRARDEAU COUNTY AT JACKSON, MISSOURI, DOCUMENT NO, ____..._�____. SCOTTlR. CLARK, RECORDER OF DEEDS 4 b4d6ddt1/n t 7 i) � I'VE /,Ss �Af� 3 4 Jr a PI��T_ �TATt UNE OF t jG"�AI Y #74 POINT OF BEGINNING 474.39, LU,5,P.3 � ao NS��` 5EE PRIOR 5URVtY 5Y F, L. 4. EXISTING RIGi1T-OF-VVAY� � FENCE `�8,,�` SET 1/2" IRON 645 53'—'"'"----• #2.359, DATED I l - 15-20 13, 4 RODT1 88H FT. �'� �.`+ OT TO SCALE) ON - ao cv U.SI ,p # t 74 N (11\40W OR FORMERLY) POINT OF COMMENCEMENT WILLIAtA BEGG5 TR.U5T ►i-' THE NOS', HEA5T CORNER OF 84® #108 1 y PAGE #73•�3 U,S.P. SUiEY # 174, To�h�tJSf�,IP � 131.2?. R.AI° t C E 13 EAST OF 3�J NOR 3 I-1, N PAST OF U.Q.P. Ju�vEi� I ��. „ 58Y29 57 THE FiFTH PRI;�OPAL MERIDIAN. TOWNSHIP 30 NORTH, RANGE 13 ('i`OLrND i;Oh! PIPE) � o� EA,5T OF THE FIFTH PRINCIPAL MERIDIAN � C, I� � M +' Q R n N '6 i. tt? ?' Ca LEGEND (TYPICAL) _ 352.78` _ N88'24'22"W I* SET 1/2" ROD AND KAP FOUND IRON ROD (MOV+;` OR FORMERL)) FOUND IRON PIPE FOUND STONE PIONEER DEVELOPMENT f ©PIvIE'VT f NJ 0 CALCULATED CORNER POSITION ORCHARD FOUND "T" METAL FENCE POST BuC};<,3 ( 1. PAGE #305 EXISTING FENCE INTERSECTION REFERENCES STONE CAIRN TREED ' EXISTING FENCE LINE AS NOTED QN This is to certify that 1, a Missouri Lund Surveyor, have surveyed the property described in the above caption as shown z by the annexed Plat, which Survey is true and correct and was E2 executed to the best of my ability, in conformance with the current Minimum Standards for Property Boundary Surveys In the z State of Missouri. Given under my hand and seal at Cape Girardeau, co 0 da Missouri this 4th day of April, A.D. 2014. � MISSOURI LAND SURVEYOR NO. 2359^ _ GRAPHIC SCALE 80 0 40 EQ rtB0 330 1M FEE URBAN SURVEY 1 inch 80 ft. 1 REVISED LEGAL AND ACREAGE KKS 4-18-2014 � WILLIAM BEGGS KKS ` SAR CAPE GIRARDEAU COUNTY, MO. 1 "=80` 4-04-2014 CA, SURVEY OF 3.925 AC, R1403042 1 OF 1 FILE FOR RECORD THIS _____ DAY OF 2014 IN THE OFFICE OF THE RECORDER OF DEEDS IN CAPE GIRARDEAU COUNTY AT JACKSON, MISSOURI, DOCUMENT NO, ____..._�____. SCOTTlR. CLARK, RECORDER OF DEEDS 4 b4d6ddt1/n t 7 i) � I'VE /,Ss �Af� 3 4 Jr a Rezoning Request - Silver Springs Road & Pioneer Drive Rezoning Request - Silver Springs Road & Pioneer Drive Requested Rezoning: from R-1 (Single -Family Suburban Residential) District and 428 RMH (Residential Manufactured Home) District to C-2 (Highway Commercial) District. Future Land Use Recommendation: Mixed Use Qat ee 5.aa 100 200 400 Fee 825 City of Cape Girardeau Division of Planning Services GIS Data April 30, 2014 Legend OAreas to be rezoned Parcels A]k WANEK0 � M PJ D EVEL' :NT S 1 :R''00 "IC[S STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner DATE: May 14, 2014 SUBJECT: Rezoning — Intersection of Silver Springs Road &Pioneer Drive An application has been submitted to rezone two areas adjacent to the Pioneer Mobile Home Court, located between Shawnee Parkway, Silver Springs Road, and Pioneer Drive. One of the areas is zoned RMH (Residential Manufactured Home District) and the other area is zoned R -1 (Single - Family Suburban Residential District). The applicant is requesting that both areas be rezoned to C-2 (Highway Commercial District). The immediately surrounding properties are zoned C-2 (Highway Commercial District) between the two areas to be rezoned, R -4 (Medium Density Multifamily Residential District) to the north, RMH (Residential Manufactured Home District) to the southeast, and R -1 (Single - Family Suburban Residential District) to the southwest. This area is characterized by mobile home parks, single - family and multifamily residential uses, commercial uses, and undeveloped land. The Comprehensive Plan's Future Land Use and Infrastructure Map shows this area as Mixed Use. In considering a rezoning request, the Planning and Zoning Commission must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. While both areas are adjacent to C-2 zoned property, staff does not support rezoning them to the C-2 district, primarily because it would be possible to obtain approval to install a billboard, which could have an adverse impact on the surrounding residential areas. Staff believes the C -1 district, which does not permit billboards, would be more appropriate for this area. Based on the above findings, City staff recommends rezoning both areas to C -1 (General Commercial District). 401 Independence St Cape Girardeau, IVIO 63703 573- 339 -6327 Tel 573- 339 -6303 Fax cityofcape.org Shrimplin, Ryan From: Shrimplin, Ryan Sent: Tuesday, May 13, 2014 4:33 PM To: 'Scott McClanahan' Cc: Peters, Carol Subject: Rezoning - Silver Springs & Pioneer Drive Attachments: Zoning Map - Silver Springs & Pioneer Drive Area. pdf Scott, I just received a call from a resident of the Pioneer Mobile Home Court. He explained that several of the residents are opposed to the proposed rezoning, but do not want to go on the record because the applicant is their landlord, and they are afraid of repercussions. He cited traffic as a major concern. He said the residents decided to buy their mobile homes and live there because it was somewhat secluded. Approval of the rezoning would change that. I have attached a zoning map that is zoomed out a bit further than what is shown on the map included in your packet. This provides a better picture of the zoning and land uses surrounding the entire mobile home park. We will provide a copy of this email and the attached map to each Commissioner at tomorrow's meeting. Ryan Shrimplin, AICP City Planner CITY of CAPE GIRARDEAU 401 Independence Street Cape Girardeau, MO 63703 (573) 339-6327 office (573) 339-6303 fax rshrimplin(o).citvofcapegirardeau. org The message included with this e-mail and any attached document(s) contain information from the City of Cape Girardeau. This information is intended to be for the use of the addressee named in this e-mail. If you are not the addressee, note that any disclosure, photocopying, distribution or use of the contents of this e-mail information is prohibited. If you have received this e-mail in error, please notify us immediately by telephone at (573) 339-6327. Thank you. 5/27/2014 JA I� ►C2 R�3 i R3 C2 ZR 3] R3 1 i R3 i R3R3 1H R3R3 I'I R3R3 i 1 i :1 �j, j R1 R1 j j R1 R4 I R1 R1 R4 R1 l § s l RRFR1IWIR1� R1 ''_4 �_ R1 RMH c� U) U _ -- -----SHAWNEE- - "!''r—r• R1 t, Sec. 30322. - R-1, single-family suburban residential district. (a) (b) (c) Purpose. The R-1 district is intended primarily for single-family detached dwellings with a maximum density of four (4) units per acre. It is designed to provide for quality single- family residential neighborhoods in a conventional subdivision setting, while encouraging a mix of housing styles, designs and development. Certain other structures and uses necessary to serve the area are allowed as permitted uses or through the approval of a special use permit, subject to restrictions intended to preserve and protect the single- family residential character of the district. Permitted uses. (1) Single-family detached dwelling, with only one (1) dwelling per lot. (2) Cluster subdivisions, as permitted in chapter 25 of the City Code. (9) Golf courses, this shall not include separate miniature golf courses, driving ranges and other similar activities operated as a business. Public parks, playgrounds, and recreational facilities. Police and fire stations. Elementary and middle schools, or development centers for elementary and middle school age children with handicaps or development disabilities, on a minimum of five (5) acres of land. Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and outdoor recreational facilities, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners association. Home for eight (8) or fewer unrelated mentally or physically handicapped persons, including no more than two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the handicapped persons residing in the home, provided that: a. The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood, and b. Such home shall not be located closer than three hundred seventy (370) feet to any other such home. A private residence licensed by the Missouri Division of Family Services or Missouri Department of Mental Health to provide foster care to one (1) or more, but less than seven (7), children who are unrelated to either foster parent by blood, marriage or adoption, provided that all applicable building and safety codes are met and an occupancy permit issued therefor. Permitted uses (accessory). (1) Private garages, carports and accessory buildings as permitted in section 30- 403, supplemental regulations. In home elderly care, with a maximum of three (3) persons as permitted in section 30-411, supplemental regulations. Home occupations, as permitted in section 30-405, supplemental regulations. Home day cares, with no more than four (4) unrelated children in a twenty-four (24) hour period as permitted in section 30-408, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. Special uses. (1) Home day cares, with five (5) or more unrelated children in a twenty-four (24) hour period, as permitted in section 30-408, supplemental regulations. (2) (f) Libraries, on a minimum of two (2) acres of land. Cemeteries, on a minimum of ten (10) acres of land. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Height, area, bulk and setback regulations. (1) Maximum Height: Two and one-half (2%) stories not to exceed thirty-five (35) feet. Minimum Lot Area: Ten thousand (10,000) square feet. Maximum Density. Four (4) units per one (1) acre. Higher densities may be approved with a cluster subdivision, as permitted in chapter 25 of the City Code. Minimum Lot Width: Eighty (80) feet. Minimum Yard Requirements: a. Front yard: Thirty (30) feet. b. c. Rear yard: Twenty-five (25) feet. Side yard: Six (6) feet. Parking requirements. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 4109, art. Z 31-10) Sec. 30328. - RMH, residential manufactured home district. (a) (b) (c) Purpose. The residential manufactured home district [RMH] is established to provide for the placement of manufactured homes in manufactured housing communities, at maximum residential densities of eight (8) units per acre. It is intended that such manufactured housing communities shall be so located, designed and improved as to provide: a desirable residential environment, protection from potentially adverse neighboring influences, protection for adjacent residential properties, principal access for vehicular traffic to collector or arterial streets, and accessibility to public facilities, places of employment and facilities for meeting commercial and service needs not met within the manufactured housing community. Certain other residential and supporting uses are also allowed in such district. Permitted uses. (1) Manufactured homes, including mobile homes, on subdivided individual building lots, with only one (1) home per lot. (2) Manufactured homes on rented lots. (3) (4) Police and fire stations. Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and outdoor recreational facilities, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners association. Permitted uses (accessory). (1) (e) Private garages, carports and accessory buildings as permitted in section 30- 403, supplemental regulations. One (1) single-family detached dwelling per each manufactured housing community. Home day cares, with not more than four (4) unrelated children, as permitted in section 30-408, supplemental regulations. Home occupations, as permitted in section 30-405, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. Special uses. (1) Additional single-family detached dwellings. (2) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. (3) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Height, area, bulk and setback requirements on subdivided individual lots. (1) Maximum Height: Two and one-half (2%) stories not to exceed thirty-five (35) feet. (2) Minimum Lot Area: Five thousand (5,000) square feet. (3) Minimum District Size: Ten (10) acres. (4) Maximum Density. Eight (8) units per acre. (5) Minimum Lot Width: Forty-five (45) feet. (6) Minimum Lot Depth: Seventy-five (75) feet. (7) Minimum Yard Requirements: a. Front yard: Twenty-five (25) feet. b. Rear yard: Twenty (20) feet. C. Side yard: Five (5) feet. (6) Maximum Building Coverage, including accessory building: Forty (40) percent. (9) Minimum Open Space: Twenty-five (25) percent of the total lot area shall be devoted to open space, including required yards and bufferyards. Height, area, bulk and setback requirements in manufactured housing development (mobile home park). (1) Maximum Height: Two and one-half (2%) stories not to exceed thirty-five (35) feet. (2) Minimum Lot Area: Three thousand four hundred (3,400) square feet. (3) Minimum District Size: Ten (10) acres. (4) Maximum Density. Eight (8) units per acre. (5) Minimum Lot Width: Forty-five (45) feet. (6) Minimum Lot Depth: Seventy-five (75) feet. (7) Maximum Building Coverage, including accessory building: Forty (40) percent. (9) Design requirements. (1) Subdivided lots and rented lots in a mobile home park. a. (2) a c. e. A site plan meeting the requirements of chapter 25 of the City Code shall be submitted and approved. 1. 2. There shall not be less than fifteen (15) feet between manufactured homes or any other buildings, other than accessory structures. Any improvements necessary on the lot for the support or anchoring of the manufactured home shall be provided prior to occupancy. The manufactured home shall be in compliance with Federal Manufactured Home Construction and Safety Standards, adopted June 15, 1976, as amended, and Missouri Public Service Commission rules. A minimum of twenty-four (24) inches of crawl space under the entire manufactured home shall be maintained. The unit shall be served by water, sewage disposal system, and electrical service in accordance with the International Plumbing Code and National Electric Code. Storage of maintenance or other equipment incidental to a permitted or special use shall be screened from view in accordance with chapter 25 of the City Code. Accessory buildings and structures shall meet the requirements of section 30-403, supplemental regulations. Subdivided lots, only. a. a c. Manufactured homes on individual subdivided lots shall be permanently installed on a properly designed, enclosed foundation in accordance with the International Building Code (IBC). All wheels, springs, axles, lights and towing apparatus shall be removed. Permanent steps on subdivided lots shall be set at all external exits with appropriate hand rails and/or guard rails. Parking spaces for each manufactured home shall be provided on each lot, as per chapter 25 of the City Code. (3) Rented lots in a mobile home park, only. a. a c. Skirting shall be placed around manufactured homes that are not placed on a permanent foundation. Such skirting shall be similar in appearance to materials used for the siding of the manufactured home to which it is to be attached. Refuse storage shall be screened from view in accordance with chapter 25 of the City Code. Two (2) parking spaces for each manufactured home shall be provided on each lot, however, one (1) of these two (2) required parking spaces may be located within one hundred (100) feet of the lot served. (h) Open space, landscaping and bufferyard requirements. (1) A minimum of twenty-five (25) percent of the total lot area shall be devoted to open space, including required yard and bufferyards. Landscaping shall be provided as required in chapter 25 of the City Code. A twenty -foot wide bufferyard shall be required adjacent to any property in any other zoning district. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking requirements. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 4109, art. 2, 3-1-10) ISec. 30334. - C-2, highway commercial district. (a) Purpose. The highway commercial district [C-2] is established to provide primarily for automobile-dependent uses in areas which are not amenable to easy pedestrian access and a comfortable pedestrian environment. This district is intended for commercial uses which depend upon high visibility, general high traffic volumes, or cater to the traveling public. It is expected that the highway commercial district will not only serve the City of Cape Girardeau, but interstate and intrastate travelers as well. These characteristics dictate that these districts be located along or at the intersections of arterial classification streets or along frontage roads adjacent to an interstate highway or other limited access roads. Because of the scale and access requirements of the uses in this category, they are generally associated with, or located along major transportation routes. (b) Permitted uses. (1) Vehicle fueling station, including service and repair. (2) Restaurants and bars, including drive-thru. (3) Hotels. (4) Public parks, playgrounds and recreational facilities. (5) Office, administrative, business, finance and professional. (6) Retail, including vehicle sales. (7) Health and fitness centers. (8) Funeral homes and moratoriums. (9) Medical facilities. (10) Police and fire stations. (11) Private institutions of higher education, (12) Nursing homes, senior citizen housing or retirement homes. (13) Commercial day cares. (14) Microbrewery. (15) Miniwarehouse or self-storage units. (16) Theaters. (17) Warehouses. (18) Banks and financial institutions, including drive-thru. (19) Veterinary clinics, animal hospitals and kennels. Residential treatment facilities. Transitional housing. Permitted uses (accessory). (1) Accessory buildings and uses customarily incidental to the above uses, as permitted in section 30-403, supplemental regulations. Helicopter landing pad, heliport or other landing area in relationship with medical facilities. Solar energy systems, as permitted in section 30-410, supplemental regulations. Outdoor storage of materials that are for sale. Special uses. (1) Automobile washing businesses, including automatic, coin-operated, moving - line facilities. (2) (e) The allowance of additional height, not to exceed a total of one hundred (100) feet, as long as additional height does not adversely affect surrounding neighborhood. Campground facilities and travel trailer parks. Commercial amusement park. Telecommunication tower, as permitted in section 30-404, supplemental regulations. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. Billboards, as permitted in Section 25-401. Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Height, area, bulk and setback requirements. (1) Maximum Height: Five (5) stories not to exceed sixty (60) feet. Buildings can exceed the maximum height and stories in the C-2 district upon a special use permit being granted. Minimum Lot Area: None. Minimum Lot Width: None. Maximum Density. None. (f) (g) (h) (6) Minimum Yard Requirements: a. D C. Front yard: Twenty-five (25) feet. Rear yard: None, except twenty-five (25) feet when abutting a residential district. Side yard: No side yard requirement for nonresidential buildings except that on a lot abutting a residential district there shall be a side yard of not less than twenty-five (25) feet on the side of the lot abutting the residential district. Maximum Building Coverage, including accessory buildings: Eighty (80) percent of the lot. Standards. (1) A site plan, meeting the requirements of chapter 25 of the City Code shall be submitted and approved. (2) All off-street parking lots and vehicular use areas shall be screened from all residential uses in accordance with chapter 25 of the City Code. (3) (4) Utilitarian areas such as loading docks, mechanical equipment, storage areas and dumpsters shall be located at the rear or side of the building and properly screened, as required in chapter 25 of the City Code. Lighting shall be designed to reflect away from any adjacent residential area, in accordance with chapter 25 of the City Code. Open space, landscaping and bufferyard requirements. (1) Open space: No minimum percentage required. (2) Landscaping shall be provided as required in chapter 25 of the City Code. (3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning district. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking regulations. Off-street parking and loading spaces shall be provided in accordance with specific uses set forth in section 25-202. (Ord. No. 4109, art. 2, 3-1-10) ISec. 30333. - C-1, general commercial district. (a) Purpose. The general commercial district [C-1] is to provide for the development of commercial enterprise that may be oriented toward the use of automobiles, in practice or in design. These uses should be destination retail and commercial spaces that provide essential retail and service businesses to the community and region, and that provide a diversified economy for the greater Cape Girardeau area. The height of buildings and uses should not adversely affect the adjacent neighborhood. (b) Permitted uses. (1) Offices: administrative, business, finance and professional. (2) Retail, not including vehicle sales. (3) Restaurants and bars, including drive-thru. (4) Health and fitness centers. (5) Public parks, playgrounds and recreational facilities. (6) Funeral homes and mortuaries. (7) Medical facilities. (6) Police and fire stations. (9) Private institutions of higher education. (10) Nursing homes, senior citizen housing, and retirement homes. (11) Commercial day cares. (12) Banks and financial institutions, including drive-thru. (13) Residential treatment facilities. (C) Permitted uses (accessory). (1) Accessory buildings and uses customarily incidental to the above uses, as permitted in section 30-403, supplemental regulations. (2) Helicopter landing pad, heliport or other landing area in relationship with medical facilities. (3) Solar energy systems, as permitted in section 30-410, supplemental regulations. (d) Special uses. (1) Vehicle washing businesses, including automatic, coin-operated, and moving - line facilities. (e) Vehicle fueling stations, including service and repair. Hotels. The allowance of additional height, not to exceed a total height of sixty (60) feet, as long as the additional height does not adversely affect the surrounding neighborhood. Mini warehouse or self -storage units. Transitional housing. Telecommunication tower, as permitted in section 30-404, supplemental regulations. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Standards (1) All storage of materials, products or equipment shall be within a fully enclosed building or in an open yard so screened that the materials, products or equipment are not visible from the street or any adjoining property. (2) The seasonal display of nursery stock and accessory landscaping decorations, seasonal decorations and decorative items shall be allowed, in accordance with the following provisions: a. (3) a Daily displays shall be set up only during normal business hours, except that overnight displays shall be allowed for seasonal merchandise. Long term storage of such products shall be prohibited. Displays shall not alter the structure of the building. Displays shall not be located within ten (10) feet of the primary entrance or exit. Displays shall be located wholly on privately owned property, with the owner's permission. Displays shall not impede pedestrian or vehicular access to the building or site. Displays shall be well -kept and orderly. (f) (g) (h) Utilitarian areas such as loading docks, mechanical equipment, storage areas and trash enclosures shall be located at the rear or side of the building and screened as required in chapter 25 of the City Code. Height, area, bulk and setback requirements. (1) (6) Maximum Height: Three (3) stories not to exceed forty (40) feet. Minimum Lot Area: None. Minimum Lot Width: None. Maximum Density. None. Minimum Yard Requirements: a. a C. Front yard: Twenty-five (25) feet. Rear yard: Twenty-five (25) feet. Side yard: No side yard requirement for nonresidential buildings except that on a lot abutting a residential district there shall be a side yard of not less than five (5) feet on the side of the lot abutting the residential district. Side yards for dwellings shall be not less than five (5) feet. Maximum Building Coverage, including accessory buildings: Fifty (50) percent of the lot. Open space, landscaping and bufferyard requirements. (1) Open space: No minimum percentage required. (2) Landscaping shall be provided as required in chapter 25 of the City Code. (3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. (Ord. No. 4109, art. 2, 3-1-10) Staff: Ryan Shrimplin, AICP - City Agenda: Planner 6/2/2014 SUBJECT An Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by rezoning property located at 1668 Helmsdale Drive, in the City and County of Cape Girardeau, Missouri, from R-1 to R-2. EXECUTIVE SUMMARY The attached ordinance rezones a small area at the rear of 1668 Helmsdale Drive. A public hearing to consider the rezoning request is also on this agenda as a separate item. BACKGROUND/DISCUSSION An application has been submitted to rezone the rear of 1668 Helmsdale Drive from R-1 (Single -Family Suburban Residential District) to R-2 (Single -Family Urban Residential District). The immediately surrounding properties are zoned R-2 (Single -Family Urban Residential District) to the east, west, and south, and R-1 (Single -Family Suburban Residential District) to the north. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS In considering a rezoning request, the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. The applicants recently filed a subdivision plat to combine their lot with a small tract conveyed to them by the Dalhousie Homeowners Association. The lot is zoned R-2 and the tract is zoned R-1. Because the tract is being combined with the lot per the subdivision plat, the applicants wish to have their expanded lot under a single zoning district. The proposed zoning district will eliminate the split zoning condition on the lot, and is consistent with the zoning of the surrounding lots. As such, the rezoning request is reasonable and in reasonable conformity with the surrounding properties. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the rezoning request. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing on May 14, 2014 and recommended approval of the rezoning request by a vote of 8 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City Council's public hearing was advertised in the Southeast Missourian on May 18, 2014. In addition, sign containing the date, time, location, and subject of the public hearing was posted on the property. ATTACHMENTS: Name: Description: ❑ Rezone -1668 Helmsdale Drive.doc ❑ Staff Review -Referral -Action Form.W ❑ Application - 1668_ Helmsdale_Rezoningpdf ❑ 1668 Helmsdale Drive Aerial Zoning Map.pdf ❑ 1668 Helmsdale Drive FLU Map.pdf ❑ RR-1.pdf ❑ R-2.pdf Ordinance Rezoning 1668 Helmsdale 1668 Helmsdale Dr - Staff RRA Form 1668 Helmsdale Dr- Rezoning Application 1668 Helmsdale Dr -Zoning Map 1668 Helmsdale Dr- FLU Map R-1 Zoning District Regulations R-2 Zoning District Regulations BILL NO. 14-89 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 1668 HELMSDALE DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 to R-2 WHEREAS, the City Planning and Zoning Commission has recommended rezoning all of the property described in Article 1 of this ordinance from R-1, Single -Family Suburban Residential District, to R-2, Single -Family Urban 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, June 2, 2014, and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 from R-1, Single -Family Suburban Residential District, to R-2, Single -Family Urban Residential District; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present R-1, Single -Family Suburban Residential District, to R-2, Single -Family Urban Residential District, for the following described property: THAT PART OF LOT P18 OF THE LOCHS AT DALHOUSIE - CORRECTED AMENDED AND THAT PART OF U.S.P.S. 3139 BEING IN TOWNSHIP THIRTY (30) NORTH, RANGE THIRTEEN (13) EAST, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHERNMOST CORNER OF SAID LOT P18, SAID CORNER BEING ON THE NORTH RIGHT OF WAY LINE OF HELMSDALE DRIVE; THENCE NORTH 44044'30" EAST, 106.13 FEET TO THE POINT OF BEGINNING; THENCE NORTH 56000'40" WEST, 122.04 FEET; THENCE NORTH 14049'29" EAST, 7.29 FEET; THENCE SOUTH 61042'46" EAST, 128.81 FEET; THENCE SOUTH 44044'30" WEST, 20.04 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.038 ACRES, MORE OR LESS, 1 BEING SUBJECT TO ANY RIGHT OF WAYS OR EASEMENTS OF RECORD, AS SHOWN ON THE ACCOMPANYING PLAT. 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-2, Single -Family Urban 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. PASSED AND APPROVED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk 2 CITY OF CAPE GIRz4RDEA U , MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application MUMMMEKM LOCATION: 1668 Helmsdale Drive STAFF VIE COMMENTS: Dalhousie Home Owners Association,, Inc. has requested to rezone property at 1668 Helmsdale Drive from the R-1 (Single-family Suburban Residential) District to the R-2 (Single -Family Urban Residential) District. SEE STAFF REPORT FOR FURTHER INFORMATION ice.. E�� ; sf s��- City Planner Date Date `,---------P1anning & Zoning Commission Public Hearing Sign Posting Date: 5-r7-14- Public Hearing Date: RECOMMENDED ACTION. - Oppose Abstain Favor Oppose Abstain Trae Bertrand a'_ Ll U Larry Dowdy U010, L3 Ll Jeff Glenn L1 L) L3 Bill Hinckley Abstain ❑Lj La Randy Kluge VOTE COUNT® Favor COMMENTS: CITIZENS COMMENTING AT MEETING:. Ralph Maxton Scott McClanahan Doug Spooler Tom Welch Oppose 05/14/14 Favor Oppose Abstain LE(' La Ll d" L) Ll Ed La La 0� Ll Lj Abstain Yb Randy Kluge Planning & Zoning Commission Secretary City Council Action Posting Dates: Sign Newspaper Public Hearing Date: � � � s )� Ordinance Ist Reading........ Ordinance 2nd & 3rd Reading: VOTE COUNT: Favor Oppose ORDINANCE # Effective Datcl Abstain .......... REZONING SPECIAL USE PERMIT APPLICATION CITI& 4W Of k4o, F L k7 K f< U t U: DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Property Address/Location 1668 Helmsdale Drive, Cape Girardeau, Missouri Applicant (including Contact Name) Property Owner of Record (if other than Applicant) Dalhousie Home Owners Association, Inc. c/o: Aaron Dombrowski John Watson & Cynthia Watson Mailing Address City, State, Zip Mailing Address City, State, Zip P.O. Box 1149 Cape Girardeau/MO/63701 1668 Helmsdale Drive, Cape G I Cape Girardeau/MO/63701 Telephone Email Telephone Email (573) 382-9011 aarond@dalhousiegolfclub.com Type of Request: Rezoning., Special Use Permit, or Both (Attach additional owners information if necessary) Rezoning Existing Zoning District Proposed Zoning District (Rezoning requests only) R1 R2 Legal description of property to be rezoned and/or upon which the special use is to be conducted See attached... Describe the proposed use of the property The area on the attached exhibit is to be rezoned to R-2, Single -Family Urban Residential District. The existing property's rear line was extended back to allow for the construction of a new deck out the rear of the house. The new area shown on the attached exhibit needs to be rezoned to the same zone as the subject property. OFFICE USE ONLY Date Received f 7'_ Planning& Zoning Commission Recommendation City Council Final Action Application continues on next page By 0 o File Number Date Date Revised 8/8/2012 I q Special Use Criteria (Special Use Permit requests only) Provide evidence that the proposed special use meets the criteria below. Attach additional sheets if necessary, 1) The proposed special use will not substantially increase traffic hazards or congestion. 2) The proposed special use will not substantially increase fire hazards, 3) The proposed special use will not adversely affect the character of the neighborhood. 4) The proposed special use will not adversely affect the general welfare of the. community, 5) The proposed special use will not overtax public utilities. ADDITIONAL ITEMS. in addition to this application, the following items must be submitted: REQUIRED V' Application fee ($126.00 payable to City of Cape Girardeau) . *4 One (1) list of names and mailing addresses of adjoining property owners One (1) set of mailing envelopes, stamped and addressed to adjoining property owners One (1) full size copy of the recorded plat or a recent survey of the property One (1) full size site plan, drawn to an appropriate -scale, depicting existing features to be removed, existing features to remain, and all proposed features such as: buildings and structures, paved areas, curbing, driveways, parking stalls, trash enclosures, fences, retaining walls, electrical transformers, power generators, light poles, landscaping areas, and freestanding signs (Planned Development rezonings and Special Use Permits only) one (1) reduced size (8-1/2" x 11") copy of the plat/sur'vey (and site plan, if applicable) One (1) set of Planned Development documents (Planned Development rezonings only) I/we certify that I am/we are the Property Owner(s) of Record for the property described in this application. I/we understand and acknowledgethatin addition to a rezoning and/or Special Use Permit, certain licenses and permits may be required in order to conduct the proposed use. I/we will ensure that all required licenses and permits are obtained prior to conducting the use and/or commencing Work. I/we also understand that a use granted under a Special Use Permit must commence within twelve*(12) m.onths of the.approval date or the permit will become void, unless an extension has been granted, ----------- Owner Signature Owner Signature Date Date I certify that I am an Agent authorized by tb, o`pert gwnec(s). of Record to file this application on their behalf. -AIVIlcant.Signature (if other than Owner) Date Revised 8/8/2.012 l. Dalhousie Home Owners Association, Inc. 1GSouth Silver Springs Road Cape Girardeau, MO 63703 2. AJbert& Cynthia Underwood 2674Helmsdale Drive Cape Girardeau., MO 63701 3. EEDDeve|opmentLLC Cape Girardeau, MO 63701 KE MO)"EHLER ENGINEERINGLAND SURVEYING, INC. 194 COKER LANE CAPE GIRARDEAU, MO 63701 PH: (573) 335-3026 FX: (573) 335-3049 THAT PART OF LOT P18 OF THE LOCH AT DALHOUSIE -CORRECTED AMENDED AND THAT PART OF U.S. P.S. 3139 BEING IN TOWNSHIP THIRTY (30) NORTH, RANGE THIRTEEN (13) EAST, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHERNMOST CORNER OF SAID LOT P18, SAID CORNER BEING ON THE NORTH RIGHT OF WAY LINE OF HELMSDALE DRIVE; THENCE NORTH 44044'30" EAST, 106.13 FEET TO THE POINT OF BEGINNING; THENCE NORTH 56000'40" WEST, 122.04 FEET; THENCE NORTH 1449129" EAST, 7.29 FEET; THENCE SOUTH 6142'46" EAST, 128.81 FEET; THENCE SOUTH 44044'30" WEST, 20.04 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.038 ACRES, MORE OR LESS, BEING SUBJECT TO ANY RIGHT OF WAYS OR EASEMENTS OF RECORD, AS SHOWN ON THE ACCOMPANYING PLAT. R2 Rezoning Request -1668 Helmsdale Drive 1580 R2 Requested Rezoning: from R-1 (Single -Family Suburban Residential) District to R2 R-2 (Single -Family Urban Residential) District. Future Land Use Recommendation: Parks & Recreation 1536 R2 HelMsaale D, R2 R2 3,68 R2 i 1674 R2 R2 City of Cape Girardeau S Division of Planning Servic 35 70 140 Fee GIS Data April 14, 2014 1519 R2 \ R2 r 1522 R2 Legend OArea to be Rezoned Parcels Zoning District R1 R2 1580 1644 1661 N W E S Rezoning Request -1668 Helmsdale Drive Requested Rezoning: 'rom R-1 (Single -Family Suburban Residential) District to R-2 (Single -Family Urban Residential) District. Future Land Use Recommendation: Parks & Recreation '*Msdale Dr 1652 1671 1660 1668 1685 City of Cape Girardeau Division of Planning Services GIS Data April 14, 2014 1536 1674 1519 1522 Legend OArea to be Rezoned Parcels FLU Recommendation Low Density Residential Medium Density Residential Parks and Recreation Sec. 30322. - R-1, single-family suburban residential district. (a) (b) (c) Purpose. The R-1 district is intended primarily for single-family detached dwellings with a maximum density of four (4) units per acre. It is designed to provide for quality single- family residential neighborhoods in a conventional subdivision setting, while encouraging a mix of housing styles, designs and development. Certain other structures and uses necessary to serve the area are allowed as permitted uses or through the approval of a special use permit, subject to restrictions intended to preserve and protect the single- family residential character of the district. Permitted uses. (1) Single-family detached dwelling, with only one (1) dwelling per lot. (2) Cluster subdivisions, as permitted in chapter 25 of the City Code. (9) Golf courses, this shall not include separate miniature golf courses, driving ranges and other similar activities operated as a business. Public parks, playgrounds, and recreational facilities. Police and fire stations. Elementary and middle schools, or development centers for elementary and middle school age children with handicaps or development disabilities, on a minimum of five (5) acres of land. Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and outdoor recreational facilities, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners association. Home for eight (8) or fewer unrelated mentally or physically handicapped persons, including no more than two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the handicapped persons residing in the home, provided that: a. The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood, and b. Such home shall not be located closer than three hundred seventy (370) feet to any other such home. A private residence licensed by the Missouri Division of Family Services or Missouri Department of Mental Health to provide foster care to one (1) or more, but less than seven (7), children who are unrelated to either foster parent by blood, marriage or adoption, provided that all applicable building and safety codes are met and an occupancy permit issued therefor. Permitted uses (accessory). (1) Private garages, carports and accessory buildings as permitted in section 30- 403, supplemental regulations. In home elderly care, with a maximum of three (3) persons as permitted in section 30-411, supplemental regulations. Home occupations, as permitted in section 30-405, supplemental regulations. Home day cares, with no more than four (4) unrelated children in a twenty-four (24) hour period as permitted in section 30-408, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. Special uses. (1) Home day cares, with five (5) or more unrelated children in a twenty-four (24) hour period, as permitted in section 30-408, supplemental regulations. (2) (f) Libraries, on a minimum of two (2) acres of land. Cemeteries, on a minimum of ten (10) acres of land. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Height, area, bulk and setback regulations. (1) Maximum Height: Two and one-half (2%) stories not to exceed thirty-five (35) feet. Minimum Lot Area: Ten thousand (10,000) square feet. Maximum Density. Four (4) units per one (1) acre. Higher densities may be approved with a cluster subdivision, as permitted in chapter 25 of the City Code. Minimum Lot Width: Eighty (80) feet. Minimum Yard Requirements: a. Front yard: Thirty (30) feet. b. c. Rear yard: Twenty-five (25) feet. Side yard: Six (6) feet. Parking requirements. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 4109, art. Z 31-10) Sec. 30323. - R-2, single-family urban residential district. (a) (b) Purpose. The R-2, single-family urban residential district is to provide for quality residential neighborhoods that are compact and walkable, to provide public gathering spaces, and to encourage a mix of residential designs, styles and sizes, thus creating a unique, yet cohesive neighborhood. It is also intended to conserve the residential character of existing neighborhoods in the downtown and existing areas of the city. It is designed to promote the preservation and maintenance of older single-family dwellings, while also allowing a variety of uses and density as was originally intended within the downtown area and other earlier developments within the city. It is to provide a full range of single-family housing choices and to promote a sense of community, urban vitality, and the efficient provision of infrastructure. Permitted uses. (1) Single-family detached dwelling, with only one (1) dwelling per lot. (2) (9) Cluster subdivisions, as permitted in chapter 25 of the City Code. Golf courses, this shall not include separate miniature golf courses, driving ranges and other similar activities operated as a business. Public parks, playgrounds, and recreational facilities. Police and fire stations. Elementary and middle schools, or development centers for elementary and middle school age children with handicaps or development disabilities, on a minimum of five (5) acres of land. Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and outdoor recreational facilities, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners association. Home for eight (8) or fewer unrelated mentally or physically handicapped persons, including no more than two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the handicapped persons residing in the home, provided that: a. L7 The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood, and Such home shall not be located closer than three hundred seventy (370) feet to any other such home. A private residence licensed by the Missouri Division of Family Services or Missouri Department of Mental Health to provide foster care to one (1) or more, but less than seven (7), children who are unrelated to either foster parent by blood, marriage or adoption, provided that all applicable building and safety codes are met and an occupancy permit issued therefor. (c) Permitted uses (accessory). Private garages, carports and accessory buildings as permitted in section 30- 403, supplemental regulations. In home elderly care, with a maximum of three (3) persons as permitted in section 30-411, supplemental regulations. Home occupations, as permitted in section 30-405, supplemental regulations. Home day cares, with no more than four (4) unrelated children in a twenty-four (24) hour period as permitted in section 30-408, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. Special uses. (1) Home day cares, with five (5) or more unrelated children in a twenty-four (24) hour period, as permitted in section 30-408, supplemental regulations. (2) Libraries, on a minimum of two (2) acres of land. Cemeteries, on a minimum of ten (10) acres of land. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Height, area, bulk and setback regulations. (1) Maximum Height: Two and one-half (2%) stories not to exceed thirty-five (35) feet. Minimum Lot Area: Eight thousand (8,000) square feet. Maximum Density. Five (5) units per one (1) acre. Higher densities may be approved with a cluster subdivision, as permitted in chapter 25 of the City Code. Minimum Lot Width: Sixty (60) feet. Minimum Yard Requirements: a. 301 c. Front yard: Twenty-five (25) feet. Rear yard: Twenty-five (25) feet. Side yard: Five (5) feet. (f) Parking requirements. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 4109, art. 2, 3-1-10) Staff: Ryan Shrimplin, AICP - City Agenda: Planner 6/2/2014 SUBJECT An Ordinance accepting Permanent Drainage Easements and Temporary Construction Easements from various property owners, for the Melrose Drainage Improvement Project, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance accepts four Permanent Drainage Easements and two Temporary Construction Easements from various property owners for the Melrose Drainage Improvements Project. The easements were obtained from four separate property owners located on Melrose Avenue and Westwood Drive. BACKGROUND/DISCUSSION The Melrose Drainage Improvements Project, one of several projects funded by the 2008 Parks, Recreation and Stormwater Tax, involves a number of improvements to mitigate flooding and drainage issues at and around the intersection of Westwood Drive and Melrose Avenue. The improvements are intended to intercept stormwater at the intersection and carry it directly down Westwood Drive to the creek south of Glenridge Drive, thereby reducing the frequency and severity of street flooding in the 2400 block of Melrose Avenue. The project will also divert this stormwater from flowing into the creek behind the homes on this same block. The work will be performed by City crews and is scheduled for the summer of 2014. FINANCIAL IMPACT The property owners have donated the easements to the City. The financial impact will be minimal. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The easements are necessary to grant the City a right to access, excavate, construct, maintain, repair and replace the stormwater drainage system within the easement areas. STAFF RECOMMENDATION Staff recommends approval of the ordinance accepting Permanent Drainage Easements and Temporary Construction Easements from various property owners for the Melrose Drainage Improvement Project. ATTACHMENTS: Name: ❑ Ord Melrose_ Drainage Project Acouisition_2014.doc ❑ melrose drainage 2014 vic maR2T ❑ Pyles PDEEpdf ❑ Galemore_PDE.pdf ❑ Loucks_TCE.pdf ❑ Loucks PDE.pdf ❑ Staats_TCE.pdf Description: Ordinance Accepting Easements Melrose Drainage Improvements Project Vicinity Map Pyles - PDE Galemore - PDE Loucks - TCE Loucks - PDE Staats - TCE ❑ Staats PDE.pdf Staats - PDE BILL NO. 14-90 ORDINANCE NO. AN ORDINANCE ACCEPTING PERMANENT DRAINAGE EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS, FOR THE MELROSE DRAINAGE IMPROVEMENT PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby accepts Permanent Drainage Easements and Temporary Construction Easements from various property owners for the Melrose Drainage Improvement Project on Melrose Avenue and Westwood Drive, in the City of Cape Girardeau, Missouri, described as follows: PERMANENT DRAINAGE EASEMENT CHARLOTTE M. PYLES 2423 MELROSE AVENUE A Permanent Drainage Easement in all of Lot 5 and the West 15 ft of Lot 6 Block 7 of Alma Schrader Subdivision, in the City of Cape Girardeau, Missouri, said easement described as follows: All the grantor's land lying in part of Fractional Section 25, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Beginning at the southwest corner of Lot 5, Block 7 of Alma Schrader Subdivision as recorded in the land records of the County Recorder's Office in Deed Book 663 Page 429; Thence along the west line of said lot, N O1° 05' 53" W, 130.00 feet to the northwest corner of said lot; Thence leaving said west line and along the north line of said lot, N 89° 39' 07" E, 5.0 feet; Thence leaving said north line, S O1° 05' 53" E, 70.0 feet; Thence eastward N 89° 39' 07" E, 10.0 feet; Thence 1 Thence S O1° 05' 53" E, 60.0 feet to a point on the south line of said lot; Thence along said south line, S 89° 39' 07" W, 15.0 feet to the point of beginning. PERMANENT DRAINAGE EASEMENT RICHARD GALEMORE AND DEBORAH GALEMORE 2427 MELROSE AVENUE A Permanent Drainage Easement in all of Lot 4 and the east 25 feet of Lot 3 Block 7 of Alma Schrader Subdivision, in the City of Cape Girardeau, Missouri, said easement described as follows: All the grantor's land lying in part of Fractional Section 25, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: the area 10 feet wide along and parallel to the eastern property line of said Lot 4, Block 7 of Alma Schrader Subdivision. PERMANENT DRAINAGE EASEMENT GEORGE A. LOUCKS AND JULIA E. COOK 1905 WESTWOOD DRIVE A Permanent Drainage Easement in Lot 9 Sunset View Subdivision, in the City of Cape Girardeau, Missouri, said easement described as follows: All the grantor's land lying in part of United States Private Survey No. 2198, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Beginning at the southeast corner of Lot 9 of Sunset View as recorded in the land records of the County Recorder's Office in Deed Book 2009 Page 10153; Thence along the south line of said lot, S 89° 39' 07" W, 30.00 feet; Thence leaving said south line, N 58° 29' 27" E, 34.78 feet to a point on the east line of said lot; Thence along said east line, S O1° 05' 53" E, 18.00 feet to the point of beginning, containing 270 square feet more or less. 2 TEMPORARY CONSTRUCTION EASEMENT GEORGE A. LOUCKS AND JULIA E. COOK 1905 WESTWOOD DRIVE A Temporary Construction Easement in Lot 9 Sunset View Subdivision, in the City of Cape Girardeau, Missouri, said easement described as follows: All the grantor's land lying in part of United States Private Survey No. 2198, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Beginning at the southeast corner of Lot 9 of Sunset View as recorded in the land records of the County Recorder's Office in Deed Book 2009 Page 10153; Thence along the south line of said lot, S 89° 39' 07" W, 39.66 feet; Thence leaving said south line, N 58° 29' 27" E, 45.99 feet to a point on the east line of said lot; Thence along said east line, S O1° 05' 53" E, 23.80 feet to the point of beginning, containing 472 square feet more or less. Less and except 270 square feet of land taken for permanent easement, leaving 202 square feet. PERMANENT DRAINAGE EASEMENT JOSEPH H. STAATS AND WANDA G. STAATS 1906 WESTWOOD DRIVE A Permanent Drainage Easement in Lot 8 Block 1 of Westwood Subdivision, in the City of Cape Girardeau, Missouri, said easement described as follows: All the grantor's land lying in part of United States Private Survey No. 2198, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Beginning at the southwest corner of Lot 8, Block 1 of Westwood Subdivision as recorded in the land records of the County Recorder's Office in Deed Book 2006 Page 843; Thence along the west line of said lot, N 00° 20' 53" W, 16.00 feet; Thence leaving said west line, S 45° 20' 53" E, 22.63 3 feet to a point on the south line of said lot; Thence along said south line, S 89° 39' 07" W, 16.00 feet to the point of beginning, containing 128 square feet more or less. TEMPORARY CONSTRUCTION EASEMENT JOSEPH H. STAATS AND WANDA G. STAATS 1906 WESTWOOD DRIVE A Temporary Construction Easement in Lot 8 Block 1 of Westwood Subdivision, in the City of Cape Girardeau, Missouri, said easement described as follows: All the grantor's land lying in part of United States Private Survey No. 2198, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Beginning at the southwest corner of Lot 8, Block 1 of Westwood Subdivision as recorded in the land records of the County Recorder's Office in Deed Book 2006 Page 843; Thence along the west line of said lot, N 00° 20' 53" W, 23.07 feet; Thence leaving said west line, S 45° 20' 53" E, 32.63 feet to a point on the south line of said lot; Thence along said south line, S 89° 39' 07" W, 23.07 feet to the point of beginning, containing 266 square feet more or less. Less and except 128 square feet of land taken for permanent easement, leaving 138 square feet. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF . 2014. ATTEST: Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor 4 Lisa Dr L wood Dr Me Q 0 c Glenridge Dr E U Hillbrook Dr Sherwood Dr PERMANENT DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS: Charlotte M. Pyles, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter called the City, the right, privilege, permission and authority to enter on and upon the following described property which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit: A Permanent Drainage Easement in all of Lot 5 and the West 15 It of Lot 6 Block 7 of Algia Schrader Subdivision, in the City of Cape Girardeau, Missouri, said easement described as follows: All the grantor's land lying in part of Fractional Section 25, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Beginning at the southwest corner of Lot 5, Block 7 of Alma Schrader Subdivision as recorded in the land records of the County Recorder's Office in Deed Book 663 Page 429; Thence along the west line of said lot, N 010 05'53" W, 130.00 feet to the northwest comer of said lot;'I1lence leaving said west line and along the north line of said lot, N 89° 39'07" E, 5.0 feet; Thence leaving said north line, S 01° 05' 53" E, 70.0 feet; Thence eastward N 89° 39'07 E, 10.0 feet; Thence Thence S 01° 05' 53" E, 60.0 feet to a point on the south line of said lot; Thence along said south line, S 89° 39'07" W, 15.0 feet to the point of beginning. The street address of the property is 2423 Melrose Avenue. Said right, privilege, permission and authority to enter on and upon said property above described is granted for the purpose of enabling the City, its agents, servants and assigns to use said property to provide for the construction of the Melrose Drainage Improvements Project, said Project identified and defined in the plans and specifications by that name and on file at the City of Cape Girardeau Public Works Department, and to excavate, build, maintain, construct, operate, and repair the storrewater drainage system and the related components from time to time, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, pipes, appurtenances, inlets, manholes, and appliances in connection therewith. This easement and the rights, privileges, permission and authority herein granted is perpetual and shall run with the land. The undersigned covenant that she is the owner in fee simple of the above described property and have the legal right to convey same. JN WITNESS WHEREOF, the undersigned has executed this easement this -"-day of L 2014. harlotte M. Pyles STATE OF MISSOURI ) as. COUNTY OF CAPE GIT2ARDEAU On this ( day 0&4is 2014, before me personally appeared Charlotte M. Pyles, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. / My Commission Expires: jib @k G ��pPYP(B�, 7 3 Printed Name of Notary PubhoCAROL A. PETERS 20, • k�, My Commission Expires ;NOTARY , _ November 19, 2016 SEAL Cape Girardeau County Commission #12684121 PERMANENT DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS: Richard Galemore and Deborah Galemore, husband and wife, , in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter called the City, the right, privilege, permission and authority to enter on and upon the following described property which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit: A Permanent Drainage Easement in all of Lot 4 and the east 25 feet of Lot 3 Block 7 of Alma Schrader Subdivision, in the City of Cape Girardeau, Missouri, said easement described as follows: All the grantor's land lying in part of Fractional Section 25, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: the area 10 feet wide along and parallel to the eastern property line of said Lot 4, Block 7 of Alma Schrader Subdivision The street address of the property is 2427 Melrose Avenue. Said right, privilege, permission and authority to enter on and upon said property above described is granted for the purpose of enabling the City, its agents, servants and assigns to use said property to provide for the construction of the Melrose Drainage Improvements Project, said project identified and defined in the plans and specifications by that name and on file at the City of Cape Girardeau Public Works Department, and to excavate, build, maintain, construct, operate, and repair the stormwater drainage system and the related components from time to time, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, pipes, appurtenances, inlets, manholes, and appliances in connection therewith. This easement and the rights, privileges, permission and authority herein granted is perpetual and shall run with the land. The undersigned covenant that they are the owners in fee simple of the above described property and have the legal right to convey same. -� IN WI'INESS WHEREOF, the undersigned has executed this easement this — day of 7� 12014. Richard Galet ore STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this i Z day of Fy L, 2014, before me personally appeared Richard Galemore, husband of Deborah Galemore, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written L My Commission Expires: %may Printed Name of Notary Public EC KIND R -Notary Seal Missouriaspe GI�� � ��umbar. MEI: 0:18538 Permanent Drainage Easement 2427 Melrose Avenue Page 2 IN WITNESS WHEREOF, the undersigned has executed this easement this 1,2— dayof -12014. Deborah Galemore STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this ) ?_ day ofr-Jk' 2014, before me personally appeared Deborah Galemore ,wife of Richard Galemore, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written.-' My Commission Expires: KA, - Printed Name of Notary Public -- JOHN J. KIND R Notary Pubilc - Notary Seal State of Missouri Commissioned for Cape Girardeau County My Commission E)goms; September 21 2014 Commisslen Number:100106�3 TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS: George A. Loucks and Julia E. Cook, husband and wife, in consideration of the sum of One Dollar ($$1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter called the City, the right, privilege, permission and authority to enter on and upon the following described property which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit: A Temporary Construction Easement in Lot 9 Sunset View Subdivision, in the City of Cape Girardeau, Missouri, said easement described as follows: All the grantor's land lying in part of United States Private Survey No. 2198, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Beginning at the southeast corner of Lot 9 of Sunset View as recorded in the land records of the County Recorder's Office in Deed Book 2009 Page 10153; Thence along the south fine of said lot, S 890 39'07" W, 39.66 feet; Thence leaving said south line, N 58° 29'27" E, 45.99 feet to a point on the cast line of said lot; Thence along said east fine, S 01' 05' 53" E, 23.80 feet to the point of beginning, containing 472 square feet more or less. Less and except 270 square feet of land taken for permanent easement, leaving 202 square feet. The street address of the property is 1905 Westwood Drive Said right, privilege, permission and authority to enter on and upon said property above described is granted for the purpose of enabling the City, its agents, servants and assigns to use said property to provide for the construction of the Melrose Drainage Improvements Project, said Project identified and defined in the plans and specifications by that name and on file at the City of Cape Girardeau Public Works Department, and for useful, necessary, and proper access and activities in connection therewith, in, on, upon, or across said described property,. ''his easement and the rights, privileges, permission and authority herein granted shall cease and expire upon completion of the work for the said Project and acceptance of the project / improvements by the Cape Girardeau City Council, OR on December 31, 2011, whichever comes first. The undersigned covenant that they are the owners in fee simple of the above described property and have the legal right to convey same. IN WITNESS WHEREOF, the undersigned has executed this easement this day of /,fier-2 2009. George A. Loucks EWNTYPUbliC� NEH6i Notary seal STATE OF MISSOURI of Missouri Cape Cdlrardeau Countyss. xpires: Mar. 05, 2012COUNTY OF CAPE GIRARDEAU ) 85025 On this / CSG- day of -U-L, 2009, before me personally appeared George A. Loucks, husband of Julia E. Cook, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. Temporary Construction Easement 1905 Westwood Drive Page 2 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. My Commission Expires: �-- V [Typed Name of Notary Public] IN WI ESS WHEREOF, the undersigned has executed this easement this A) day of -2 f ._>— , 2009. Tri 'a E. Cook STATE OF MISSOURI /) SHANE HUFF Notary Public - Notary Seal ss. State of Missouri COUNTY OF CAPE GIRARDEAU ) Commissioned for Cape Girardeau County My Commission Expires: Mar. 05, 2012 08385026 On flus LI ' `day of i c, 2009, before me personally � a , oo w ce o George A. Loucks, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. - 7 r l My Commission Expires: J 3 J - [Typed Name of Notary Public] PERMANENT DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS: George A. Loucks and Julia E. Cook, husband and w fe, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter called the City, the right, privilege, permission and authority to enter on and upon the following described property which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit: A Permanent Drainage Easement in Lot 9 Sunset View Subdivision, in the City of Cape Girardeau, Missouri, said easement described as follows: All the grantor's land lying in part of United States Private Survey No. 2198, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Beginning at the southeast corner of Lot 9 of Sunset View as recorded in the land records of the County Recorder's Office in Deed Book 2009 Page 10153; Thence along the south line of said lot, S 89° 39' 07" W, 30.00 feet; Thence leaving said south line, N 58° 29'27" E, 34.78 feet to a point on the east line of said lot; Thence along said east line, S 01° 05'53" E, 18.00 feet to the point of beginning, containing 270 square feet more or less. The street address of the property is 1905 Westwood Drive. Said right, privilege, permission and authority to enter on and upon said property above described is granted for the purpose of enabling the City, its agents, servants and assigns to use said property to provide for the construction of the Melrose Drainage Improvements Project, said project identified and defined in the plans and specifications by that name and on file at the City of Cape Girardeau Public Works Department, and to excavate, build, maintain, construct, operate, and repair the stormwater drainage system and the related components from time to time, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, pipes, appurtenances, inlets, manholes, and appliances in connection therewith. This easement and the rights, privileges, permission and authority herein granted is perpetual and shall run with the land. The undersigned covenant that they are the owners in fee simple of the above described property and have the legal right to convey same. / �/, IN WITNESS WHEREOF, the undersigned has executed this easement this � day of 7/CZ r l3Ci/ 2009. George A. Loucks SHANE HUFF Notary public - Notary Seal STATE OF MISSOURI ) State of Missouri ss. Commissioned for Cape Girardeau J2012 My Commission Expires: Mar. 05, COUNTY OF CAPE GIRARDEAU ) 08385028 On this Ir IA—day of per. , 2009, before me personally appeared George A. Loucks, husband of Julia E. Cook, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. _ My Commission Expires: Printed Name of Notary Public Permanent Drainage Easement 1905 Westwood Drive Page 2 WITNESS OF, the undersigned has executed this easement this- day of _2009. /Julia E. Cook STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GRLURDEAU ) On this qday of L r , 2009, before me personally appeared Julia E. Cook, wife of George A. Loucks, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. j My Commission Expires: Printed Name of Notary Public SHANE HUFF Notary Public - Notary Seal State of Missouri Commissioned for Cape Girardeau County My Commission Expires: Mar. 05, 2012 08365026 TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS: Joseph H. Staats and Wanda G. Staats, husband and wife, in consideration of the sum of One Dollar ($$1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter called the City, the right, privilege, permission and authority to enter on and upon the following described property which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit: A Temporary Construction Easement in Lot 8 Block 1 of Westwood Subdivision, in the City of Cape Girardeau, Missouri, said easement described as follows: All the grantor's land lying in part of United States Private Survey No. 2198, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Beginning at the southwest corner of Lot 8, Block 1 of Westwood Subdivision as recorded in the land records of the County Recorder's Office in Deed Book 2006 Page 843; Thence along the west line of said lot, N 00° 20'53" W, 23.07 feet; Thence leaving said west line, S 45° 20' 53" E, 32.63 feet to a point on the south line of said lot; Thence along said south line, S 89° 39' 07" W, 23.07 feet to the point of beginning, containing 266 square feet more or less. Less and except 128 square feet of land taken for permanent easement, leaving 138 square feet. The street address of the property is 1906 Westwood Drive Said right, privilege, permission and authority to enter on and upon said property above described is granted for the purpose of enabling the City, its agents, servants and assigns to use said property to provide for the construction of the Melrose Drainage Improvements Project, said Project identified and defined in the plans and specifications by that name and on file at the City of Cape Girardeau Public Works Department, and for useful, necessary, and proper access and activities in connection therewith, in, on, upon, or across said described property,. This easement and the rights, privileges, permission and authority herein granted shall cease and expire upon completion of the work for the said Project and acceptance of the project / improvements by the Cape Girardeau City Council, OR on December 31, 2011, whichever comes first. The undersigned covenant that they are the owners in fee simple of the above described property and have the legal right to convey same. IN WITNESS WHEREOF, the undersigned has executed this easement this day of ii& it v 200.iD (JjAeph .Staats STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU Q� On this day of a�, 20Q before me personally appeared Joseph H. Staats, husband of Wanda G. Staats, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. Temporary Construction Easement 1906 Westwood Drive Page 2 IN TES`T'IMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year fust above written. WAY Note ryS - Notary Seal toofMissouri {rR t� [ piA7Qt� (1 My Commission Expires: CnmmlSSIoned for Scott County My Core I Ion Expires: September 21, 2013 dCIA}} jyg' f ki 31D� Commisslar ?Jumb9r. 09772465 [Typed Name of Notary Public] r IN WITNESS WHEREOF, the undersigned has executed this easement this ve day of t Y 20Q#.1c Wanda G. Staats STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU Nll On this a0hday of , Ca 2044 before me personally appeared Wanda G. Staats, wife of Joseph H. Stoats, to me known to be the'p'erson described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. My Commission Expires: ky Name of Notary Public] PERMANENT DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS: Joseph H. Staats and Wanda G. Stoats, husband and wife, in consideration of the sum of One Dollar ($$1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter called the City, the right, privilege, permission and authority to enter on and upon the following described property which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit: A Permanent Drainage Easement in Lot 8 Block 1 of Westwood Subdivision, in the City of Cape Girardeau, Missouri, said easement described as follows: All the grantor's land lying in part of United States Private Survey No. 2198, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and Couroy of Cape Girardeau, State of Missouri, being more particularly described as follows: Beginning at the southwest corner of Lot 8, Block 1 of Westwood Subdivision as recorded in the land records of the County Recorder's Office in Deed Book 2006 Page 843; Thence along the west line of said lot, N 000 20'53" W, 16.00 feet; Thence leaving said west line, S 45° 20' 53" E, 22.63 feet to a point on the south line of said lot; Thence along said south line, S 89° 39' 07" V,% feet to the point of beginning, containing 128 square feet more or less. The street address of the property is 1906 Westwood Drive. Said right, privilege, permission and authority to enter on and upon said property above described is granted for the purpose of enabling the City, its agents, servants and assigns to use said property to provide for the construction of the Melrose Drainage Improvements Project, said project identified and defined in the plans and specifications by that name and on file at the City of Cape Girardeau Public Works Department, and to excavate, build, maintain, construct, operate, and repair the stormwater drainage system and the related components from time to time, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, pipes, appurtenances, inlets, manholes, and appliances in connection therew th. This easement and the rights, privileges, permission and authority herein granted is perpetual and shall run with the land. The undersigned covenant that they are the owners in fee simple of the above described property and have the legal right to convey same. IN WITNESS WHEREOF, the undersigned has executed this easement this b Vt day of v K v 200. i to oseph H. 4taats STATE. OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU n ) c' _03 v 1 On this day of , 20.0)1, Before me personally appeared Joseph H. Staats, husband of Wanda G. Staats, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. lvly Commission Expires: Name of Notary Public Permanent Drainage Easement 1906 Westwood Drive Page 2 IN,} TNESS WHEREOF, the undersigned has executed this easement this day of 2009. 17 Wanda G. Staats STATE OF MISSOURI ) ) ss. COUNTY OF CAPE, GIRARDEAU ) On On this o day of ' c> 20 , before me personally appeared Wanda G. Staats, wife of Joseph H, Staats, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. My Commission Expires: Name of Notary Public Gayle L. Conrad, CMC, MRCC, Staff: Director of Citizen Services/City Agenda: Clerk 6/2/2014 SUBJECT Appointment of one full member to the Board of Appeals for a term expiring June 4, 2019, one alternate member for a term expiring June 4, 2019, and one alternate member for a term expiring June 4, 2018. EXECUTIVE SUMMARY The term of Mr. David Alberson is set to expire June 4, 2014, and he is not eligible to be reappointed due to term limits. In addition, there are two vacant alternate member positions, with terms expiring June 4, 2018 and June 4, 2019. A copy of the roster is attached for your review. On May 5 an Ordinance was adopted amending the residency requirements to serve on this board. If no qualified city residents apply for the board, then qualified applicants who are residents of Cape Girardeau County may be considered. The following qualified applications are currently on file. Those that are County residents are noted with an asterisk *. Glen Hinkebein - construction mgmt. Mark Strickland - mechanical Willie Sandin* - mechanical/electrical Kristen Uhrhahn * - architect BACKGROUND/DISCUSSION The International Building Code (as amended by the city) stipulates that the Board shall consist of seven individuals, not more than two from each of the following professions: (1) registered architect, or builder or superintendent of building construction with 10 years experience; (2) registered design professional with structural engineering or architectural experience; (3) registered design professional with mechanical or plumbing engineering experience, or mechanical or plumbing contractor with 10 years experience; (4) registered design professional with electrical engineering experience or an electrical contractor with 10 years experience; (5) registered design professional with fire protection engineering experience or a fire protection contractor with 10 years experience. In addition, two alternate members maybe appointed and shall possess the qualifications required for board membership. Members serve five year terms. STAFF RECOMMENDATION It is recommended that appointments be made as follows: One full member for a term expiring June 4, 2019 One alternate member for a term expiring June 4, 2019 One alternate member for a term expiring June 4, 2018 Both city resident applicants are qualified to serve on the Board of Appeals. The ordinance requires that members be residents of the city unless there are no qualified applications. Therefore, one Cape Girardeau County resident may be appointed to an alternate position on the Board. BOARD OR COMMISSION RECOMMENDATION The Board made the following recommendations for appointments. Kristen Uhrhahn — she is a county resident and would fall in the architect category. With Dave Alberson terming -out this year, we will no longer have an architect on the board and believe we need an architect with the review of the new building codes. I would prefer that Kristen be a full board member and not an alternate. 2. Glen Hinkebein — he is a city resident and would fall in the builder or superintendent of building construction category. 3. Mark Strickland — he is a city resident and would fall in the registered design professional with mechanical engineering experience category, or electrical engineering experience category. Ordinance section 2-101(3) requires: "Whenever any current or former member of any board or commission applies for appointment or reappointment to a particular board or commission, city staff shall advise the city council of the attendance record of the board or commission member during his last twelve (12) months of service." Mr. Strickland was previously on the Board of Appeals, appointed April 2, 2001. He missed the following meetings: April 12, August 9, October 11, 2001 and March 14, 2002, and was removed from the board due to attendance. 4. D. Willie Sandin — he is a county resident and would fall in the registered design professional with mechanical engineering experience category, or electrical engineering experience category Next year positions will open in June and in September. Whoever is not appointed this year may be asked to resubmit an application next year. ATTACHMENTS: Name: ❑ Board of Appeals_roster.doc ❑ hinkebein.glen.09-20-13.pdf ❑ sandin.willie.05-06-14.doc ❑ strickland.mark.03-27-14.pdf ❑ uhrhan.kristen.05-11-14.doc Description: Board of Appeals Roster Board App - Hinkebein, Glen Board App - Sandin, Willie Board App - Strickland, Mark Board App - Uhrhan, Kristen CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees May 5, 2014 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. Board ofAppeals Date Appointed Date Reappointed Term Expires David R. Alberson (architect) Chairman 7/7/93 (alt.), July 18, 1994 5/17/99; 7/6/04; 5/18/ 09 June 4, 2014 Vacant (alternate) --- --- June 4, 2014 David C. Pfeiffer (structural engineer) June 5, 1990 7/11/95, 5/15/00, 5/16/05 June 4, 2015 Farris Nabors (contractor/electrician) December 18, 1995 9/23/00; 8/15/05 September 4, 2015 5/17/10, 9/20/10 Michael Annis (contractor) (Sebek) March 4, 2013 --- June 4, 2016 (served as alternate) April 2, 2001 7/6/04; 5/18/09 Melanie Cantrell (structural engineer) December 15, 2008 6/4/12 June 4, 2017 Paul Grebe (plumber) May 15, 2000 5/20/02; 5/21/07;6/4/12 June 4, 2017 Vacant (Phillips) (alternate) May 4, 1998 4/21/03; 4/21/08 May 4, 2018 Joe Burton (mechanical) September 4, 2001 4/21/03; 6/2/08; 5/20/13 June 4, 2018 Serve five year terms, appointed by Council. Of the seven members, no more than two from each of the following professions: (1) Registered design professional that is a registered architect; or a builder or superintendent of building construction with at least 10 years experience 5 of which shall have been in responsible charge of work; (2) Registered design professional with structural engineering or architectural experience; (3) Registered design professional with mechanical or plumbing engineering experience; or a mechanical or plumbing contractor with 10 years experience 5 of which shall have been in responsible charge of work; (4) Registered design professional with electrical engineering experience; or an electrical contractor with at least 10 years experience 5 of which shall have been in responsible charge of work; (5) registered design professional with fire protection engineering experience; or a fire protection contractor with at least tenyears experience 5 of which shall have been in responsible charge of work. If no applications from qualified residents, the qualified applicants from Cape Girardeau County may be considered (Ord. 4567) Meetings held second Thursday at 7:00 p.m. in Council Chambers. Board considers appeals from the building codes. Staff contact— Tim Morgan, Inspection Services Director. 339-6328. Gayle L. Conrad, CMC, MRCC, Staff: Director of Citizen Services/City Agenda: Clerk 6/2/2014 SUBJECT Three appointments to the Public Library Board of Directors for terms expiring June 30, 2017. EXECUTIVE SUMMARY Three terms on the Public Library Board of Directors are set to expire June 30, 2014. These terms are presently held by Amy Trueblood, John McGowan and Sheryl Smith. All three have expressed interest in being reappointed to the board and their advisory board applications are attached BACKGROUND/DISCUSSION Appointments to the Public Library Board are made by the Mayor and approved by the City Council. Earl Buchheit, William Hoxworth, William Isbell and Mark Welker have also expressed interest in serving on the Public Library Board, and their board applications are attached. GENERAL DIRECTION Unless directed otherwise, three appointments to the Public Library Board of Directors for terms expiring June 30, 2017, will appear on your next agenda for consideration ATTACHMENTS: Name: ❑ Library Board_Roster.doc ❑ Library Board_attendance.xls ❑ mcgowan.iohn.07-15-11.pdf ❑ smith.sheryl.06-06-05.1df ❑ trueblood.amy.02-05-14.idf ❑ buchheit.earl.11-27-13.pdf ❑ hoxworth.william.05-23-14.doc ❑ isbell.william.12-19-13.pdf ❑ welker.mark.03-13-14.pdf Description: Library Board Roster Library Board Attendance Board App - McGowan, John Board App - Smith, Sheryl Board App - Trueblood, Amy Board App - Buchheit, Earl Board App - Hoxworth, William Board App - Isbell, William Board App - Welker, Mark CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees May 5, 2014 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. Public Library Board Date Reappointed Date Appointed Amy Trueblood March 3, 2014 John McGowan August 6, 2012 Sheryl Smith September 19, 2005 Stan Irwin August 7, 2006 Ed Thompson July 6, 2009 Joan Slaughter August 7, 2006 Angel Hillman March 19, 2010 Fran Austin July 19, 2010 Kevin Greaser August 2, 2010 Date Reappointed Term Expires --- June 30, 2014 --- June 30, 2014 6/18/08; 06/20/11 June 30, 2014 6/15/09, 6/18/12 June 30, 2015 6/18/12 June 30, 2015 6/15/09, 6/18/12 June 30, 2015 7/19/10, 6/17/13 June 30, 2016 6/17/13 June 30, 2016 6/17/13 June 30, 2016 Serve three year terms, appointed by Mayor and approved by Council. Meetings held fourth Thursday at 7:00 a.m. at the library. Members can only serve three consecutive terms (Mo State Statute). A Council member may serve as liaison. Staff contact — Betty Martin, Library Director 334-5279. 101:14 [y 4 M Mil :Y :YO7e1 N C �TRmTlfFrlr*m:T=o em Ordinance effective 4/13/00 X = present, A = absent 1�0����•7���1 �C�7���� ITruelblood, Amy ISPI*3/3/11000us�uuu©����� - I�al0000�.��l�alooralw���� Gayle L. Conrad, CMC, MRCC, Staff: Director of Citizen Services/City Agenda: Clerk 6/2/2014 SUBJECT Chamber of Commerce, May 6, 2014 SEMPO, April 23, 2014 ATTACHMENTS: Name: ❑ min.Chamber.05-06-14.pdf ❑ min.Green.05-13-14.doc ❑ min.SEMPO Minutes Board 2014 04 23 - DRAFT.pdf Description: Chamber Board 05-06-14 Girardeau Goes Green 05-13-14 Sempo Board 04-23-14 Cape Girardeau Area Chamber of Commerce Board of Directors Tuesday, May 6, 2014, 7:30 a.m. Chamber of Commerce Board Room (*-Action should be anticipated) Agenda 1. Call to Order Planning and Governance 2. *Minutes 3. *New Members/ Drop Members 4. *Financial Statements 5. Investment Review Presentation 6. Overall Tax Issues - Discussion 7. Update Strategic Plan - Timeline 8. Co -Location Update Reports and Updates 9. Executive Staff Reports 10. Standing Reports a. Cape Area Magnet b. Convention & Visitors Bureau c. City of Cape Girardeau d. Cape Girardeau County e. Southeast Missouri State University f. Cape Girardeau Public Schools g. OTC Other Items 11. Other Business 12. Adjourn ITEMS DISCUSSED AT CHAMBER MEETINGS ARE CONFIDENTIAL AND SHOULD BE TREATED THAT WAY. PLEASE DO NOT RELEASE ANY INFORMATION WITHOUT PRIOR APPROVAL FROM THE PRESIDENT OR CHAIRMAN. RECEIVES MV g 1 2014 President's Report April 2014 April 1 — April 5: • Hosted Board of Directors meeting • Met with local prospects • Attended Roger Fields funeral • Attended session on MBE/WBE at the CIE • Attended Jackson Industrial Development Council meeting • Met with Skip from Ameren on several development issues • Met with Brian Tapp at the CIE on several opportunities • Attended Cape County_ Industrial Development Authority dinner _ • Spoke with DED Director Mike Downing on upcoming speaking engagement • Attended First Friday Coffee • Met with local developer • Attended weekly TEAM wrap up meeting • Attended Sculpture Exhibit kick-off event • Had dinner with future in-laws (new phase of life!) April 6 —April 12: • Attended Pizza Hut Grand Opening • Met with potential council candidate • Gave presentation to Rotary Club on use tax • Worked with University on final plans for Welcome Back Student Picnic • Worked with local company on possible expansion • Met with local business owner on several concerns • Staff meeting • Attended Grow Strong • Hosted Transportation Committee meeting • Prepared for critical meeting on future project • Attended ribbon cuttings for Renaissance Beauty, SADI, and one other • Met at City Hall with city officials and outside developer • Private meeting with local officials and outside developer on potential project • Attended CVP event at Keller's • Traveled to St. Louis and met with Missouri Partnership and St. Louis Regional Chamber • Worked extensively on Capahas baseball issues April 13 —April 19: • Met with Nancy Jernigan and United Way representatives on local poverty issues • Met with James Stapleton on several issues • Met with the mayor on several issues • Met with representatives from Jacobs Engineering on sewer park issues • Traveled to Jefferson City • Attended Missouri Development Finance Board meeting • Met with Missouri Chamber and several lobbyists on issues • Attended Business After Hours at the Library • Staff Meeting • Hosted meeting on the Capahas • Lunch with representative of the ACA on small business issues • Attended Lions Club meeting • Short presentation to the Leadership Cape group on the local business park • Met with Dwain Hahs on Jackson development issues • Lunch with Scott Meyer • Worked with Larry Chambers from Pepsi on several issues • Traveled to St. Louis and attended a Missouri Partnership advisory board meeting • Met with representatives from KFVS on text messaging opportunities Attended weekly TEAM wrap up meeting April 20 — April 26: • Met with Bob Miller on communication issues • Met with local developer on several issues • Met with County representatives and P&G representatives on transitions • Spoke with Missouri Attorney General's office on possible visit • Hosted MAGNET Board of Directors meeting • Met with Brian Tapp, Marla, and Tim on several issues • Attended ribbon cutting for Latitudes • Spoke with David Meyer from MO AG on possible project • Hosted Greater Cape meeting • Attended Lions Club meeting • Met with local realtor and prospect • Gave brief presentation to Delta Leadership Academy participants • Met with city and university representatives on project • Briefly attended city council retreat • Hosted Government and Public Policy Committee meeting • Met with local development team to discuss development strategy • Attended First Midwest Bank ground breaking April 27 — April 30: • Hosted visit from the Governor and the Speaker of the House • Met with concerned citizen on future project • Met with prospect and showed several sites • Met with James Stapleton on several issues Met with Shelly Moore Staff meeting Attended Lions Club meeting • Attended ribbon cutting for Discovery Playhouse new exhibit • Met with city, university, and outside developer on special project In addition, I met or spoke with more than 57 members and non-members on issues of importance to the area. Vice President's for Community Development Report April 2014 April 1—April 5: • Attended Chamber Board meeting • Participated in radio interview regarding Outdoor Exhibition • Attended meeting with Community Counseling Center regarding mental health training possibilities • Taught a class for Southeast Professor Dr. Holman, Trends in Human Recreation Performance • Attended Chamber staff meeting • Participated in Chamber minute radio interview with Withers Broadcasting • Worked on Developing Cape agenda for Leadership Cape • Worked on Delta Leadership Institute program • Attended a M/WBE Stakeholders meeting at Southeast Missouri State University • Presented final agenda for Developing Cape at the Leadership Development Committee • Attended a development meeting with Brian Tapp, Marla Mills and John Mehner • Set-up First Friday Coffee • Attended IDA Annual Dinner at the Cape Girardeau Country Club • Hosted First Friday Coffee • Attended Central Middle School Assembly — Abby received Student of the Month! • Set-up for Outdoor Exhibition Reception • Met with development partners • Attended Outdoor Exhibition Reception in downtown April 6—April 12: • Met with Mehner and Kim regarding the upcoming week • Volunteered at Read to Succeed • Lunch meeting with Brian Tapp and Greg Adkinson about agriculture initiatives • Taught a class for Dr. Hoffman at Southeast, Real Estate and Redevelopment • Attended Council of Chairs meeting • Met with Mehner and Kim regarding social media possibilities • Worked on Developing Cape agenda for Leadership Cape • Worked on Delta Leadership Institute program • Hosted Health & Human Services Committee • Attended Chamber staff meeting • Attended Grow Strong Luncheon • Attended Transportation Committee • Attended a coffee meeting with OTC Director • Worked on quarterly report for Foundation Grant fortuition assistance at the CT C and Southeast • Afternoon home with a sick kiddo • Coffee meeting with Hendrickson Business Advisors • Hosted a celebration luncheon meeting for Outdoor Exhibition Planning Group to debrief the event and start suggestions for next year's show • Met with development partners April 13 —April 19: • Home with a sick kiddo — Monday, most of Tuesday • Worked on Developing Cape day • Worked on Delta Leadership Institute program • Attended Chamber staff meeting • Attended OTC Economic Restructuring Committee meeting • Met with Bank of Missouri representatives about business development concepts • Hosted Developing Cape day for Leadership Cape participants OVER • Lunch meeting with a developer considering a downtown development project • Met with development partners April 20—April 26: • Met with Mehner and Kim about upcoming week • Volunteered at the Read to Succeed program at Franklin Elementary • Met with USDA officials and Southeast Missouri State University about emerging ideas and concepts for consideration • Finalized Delta Leadership Institute program (3 -day leadership program sponsored by the Delta Regional Authority who brought 52 leaders from eight states to Cape Girardeau to learn about education and workforce development) • Attended Downtown CID Public Hearing at the Cape City Council • Hosted Work Ready Coalition at the CTC Met with Brian Tapp, Marla Mills and John Mehner about development initiatives • Attended ribbon cutting for Lattitudes • Departed for Jefferson City • Attended Missouri Economic Development Council Board meeting in Jefferson City • Met with Mehner, Marla Mills and Molly Hood about development opportunities • Prepared for a retail prospect visit • Attended groundbreaking ceremony at First Midwest Bank April 27 —April 30: • Prepared for and attended Governor and Speaker of the House press conferences • Lunch meeting with Nancy and Melissa at United Way about Income Task Force • Prepared for a retail prospect visit • Took Faith to Children's Hospital for quarterly audiology visit, she's doing great with her new cochlear implant and hearing aid! • Attended chamber staff meeting • Attended St. Andrew Executive Committee Retreat in preparation of a new senior pastor Kim Voelker Membership Development Specialist Report March -April 2014 March 3 — March 7 • Met with John and Tim • Attended Leadership Development committee meeting • Coordinated submissions for March edition of Inside Commerce • Prepared and recorded Chamber Minute at KAPE Radio • Finalize details for FFC • Make preparations for Leadership Cape — Keeping Cape Healthy Session • Send out communications for Grow Strong Luncheon • Attended staff meeting • Met with area Chamber Execs in Ste. Genevieve • Volunteered with Read to Succeed at Alma Schrader Elementary Attended CYP Planning committee meeting • Attended luncheon with CIE students • Finalized details for FFC and setup • Attended FFC March 10— March 14 • Met with John and Tim • Finalized details for Leadership Cape Keeping Cape Healthy Session • Prepared and recorded Chamber Minute at KAPE Radio • Coordinated and sent all submissions to Tracey for March Inside Commerce • Make final preparations for Grow Strong Luncheon • Vacation days March 12 - March 14 March 17 — March 21 • Met with John and Tim • Volunteered with Read to Succeed at Alma Schrader Elementary • Coordinated details for Ambassador meeting • Attended BAH at Isle Event Center • Attended staff meeting • Attended Ribbon Cutting at Cape Ultimate Skin Care • Attended Ribbon Cutting at Re -Bath • Attended Ribbon Cutting for Cotton's Unlimited Transportation • Make final preparations for Leadership Cape Keeping Cape Healthy Session • Attended Leadership Cape Keeping Cape Healthy Session • Attended ground breaking for Levi's Adventure Trail at the Discovery Playhouse • Attended and led Ambassador meeting • Met with Jeanne Muckerman • Met with DLI coordinators to plan field experience session and reception for participants • Met with OTC Director March 24—March 28 • Made preparations to be out of office for recovery from surgery • Followed up with sponsors and presenter for FFC for April 4 • Out of office March 25 - April 3 Membership Development Specialist Report March -April 2014 April 3 —April 4 • Attended Leadership Development Meeting • Attended United Way Campaign Celebration • Attended FFC • Finalized details for Grow Strong Luncheon April 7 —April 11 • Prepared and recorded Chamber Minute at KAPE Radio • Attended Council of Chairs Meeting • Met with John and Tim • Attended staff meeting • Attended Grow Strong Luncheon • Coordinate plan for radio spots for remainder of 2014 • Attended Ribbon Cutting at Renaissance Beauty Academy • Attended Ribbon Cutting at SADI • Attended Ribbon Cutting at United Access • Make preparations for Leadership Cape Developing Cape Session • Finalize details and send out invite for upcoming CYP event • Met with OTC Director April 14 —April 18 • Met with John and Tim • Attended staff meeting • Attended Ambassador meeting • Finalized details for BAH • Attended BAH at The Library • Made final preparations for Leadership Cape Developing Cape Session • Prepared and recorded Chamber Minute at KAPE Radio • Attended Leadership Cape Developing Cape Session • Met with OTC Director April 21— April 25 • Met with Dom Mastropierro • Met with Becka Hollis • Prepared and recorded Chamber Minute at KAPE Radio • Prepared and led Chamber 101— New Member Orientation • Attended DLI Field Experience at the CTC to assist with tours • Attended DLI and Leadership Cape Alumni reception at Keller's • Attended Ribbon Cutting at Latitudes • Attended Cape City Council Retreat • Made preparations for upcoming membership drive kickoff • Made preparations for Taste of the Chamber at the Venue during BAH in May • Coordinated and attended ground breaking at First Midwest Bank Cape April 28 —April 30 • Attended MAKO Chamber conference in Branson April 27—April 29 • Prepared and recorded Chamber Minute at KAPE Radio • Review and edit membership drive and "Taste" radio spots • Attended Ribbon Cutting at Discovery Playhouse for new exhibit 04�avrdeu e ' 1 CONVENTION &VISITORS BUREAU 400 Broadway, Suite 100, Cape Girardeau, MO 63701 visitcape.com - (800) 777-0068 - (573) 335-1631 #1,356 April 2014 advertising totals 3 AB 0.22% 2 AK 0.15% 8 AL 0.59% 69 AR 5.09% 2 AZ 0.15% 2 BC 0.15% 10 CA 0.74% 7 CO 0.52% 17 FL 1.25% 10 GA 0.74% 37 IA 2.73% 138 IL 10.18% 105 IN 7.74% 82 KS 6.05% 29 LA 2.14% 3 MA 0.22% 1 MB 0.07% 3 MD 0.22% 1 ME 0.07% 27 MI 2.00% 36 MN 2.65% 379 MO 27.95% 22 MS 1.62% 1 MT 0.07% 19 NC 1.40% 3 ND 0.22% 19 NE 1.40% 9 NJ 0.66% 1 NM 0.07% 1 NS 0.07% 2 NV 0.15% 14 NY 1.03% 29 OH 2.14% 19 OK 1.40% 14 ON 0.32% 1 OR 0.07% 11 PA 0.81% 1 RI 0.07% #348 Incoming Calls #63 Walk In Visitors 4 CA 6.35% 4 CO 6.35% 2 FL 3.17% 1 IA 1.59% 4 IL 6.35% 4 IN 6.35% 6 LA 9.52% 2 MI 3.17% 10 MO 15.87% 2 NC 3.17% 2 NY 3.17% 2 OH 3.17% 5 OK 7.94% 1 TN 1.59% 5 TX 7.94% 1 WA 1.59% 8 WI 12.70% #348 Incoming Calls #30 VG Mail Request 1 CA 3.33% 1 IA 3.33% 5 IL 16.67% 1 IN 3.33% 1 KY 3.33% 13 MO 43.33% 1 NC 3.33% 1 OH 3.33% 1 OK 3.33% 2 TN 6.67% 2 VA 6.67% 1 WI 3.33% 4 SC 0.29% 7 SD 0.52% 1 SK 0.07% 60 TN 4.42% 72 TX 5.31% 2 UT 0.15% 8 VA 0.59% 1 VT 0.07% 5 WA 0.37% 57 WI 4.20% 1 WV 0.07% 1 WY 0.07% 1356 aa e r��au CONVENTION &VISITORS BUREAU 400 Broadway, Suite 100, Cape Girardeau, MO 63701 visitcape.com — (800) 777-0068 — (573) 335-1631 MAY 2014 EVENTS Cape Farmer's Market Thursday, May 01, 08,15, 22, 29, 2014 Location: West Park Mall back parking lot, Mt. Auburn Road entrance Cost: Free The Cape Farmer's Market is held every Thursday afternoon from 12:00 - 5:00 pm (or until sold out) from April 17th to November 20th, 2014. The market includes fresh produce and homemade offerings all locally sourced from throughout the area. 4th Annual Boas and Bling Event Thursday, May 01, 2014 Location: The Venue Cost: Tickets $30 each (open seating) - Reserved table of 8 only $220 VIP Table of 8 - "Millionaires Row" $350 (includes lots of extras) Derby Bling Queen Hat contest Derby appetizers, wine, beer, soft drinks included in ticket price Vendor booths with a Girl's favorite things, Shop till you drop while enjoying music, drinks, Derby appetizers, Special Derby Race, Mint Julips, wine, beer, and soft drinks and over $2,000 in prizes. Thursday Entertainment at Isle Casino Cape Girardeau Thursday, May 01, 08, 15, 22, 29, 2014 Location: Farraddays and Keller's inside Isle Casino Cape Girardeau Cost: Free Kick back in the Farraddays dining room with low key environmental and acoustic music from 5 - 9 p.m.; Dave Wiant will play. Then take the party upstairs to Keller's for a live DJ and dance party with DJ Finesse from 9 p.m. - 1 a.m., both events every Thursday night at Isle Casino Cape Girardeau! Brighton Beach Memoirs Thursday, May 01, 02, 03, 04, 2014 Location: Cost: Location: Rust Flex Theatre at SEMO's River Campus Cost: $15 Description: Neil Simon's award-winning comedy is a coming of age story that follows young Eugene Jerome as he grows up in Brighton Beach, NY. A heart-warming story of family, friends and the perils of first love. Includes adult content. Show runs Wednesday, April 30 -Saturday, May 3 at 7:30 p.m., and Sunday, May 4 at 2 p.m. Contact: 573-651-2265 or website Around Town Artwalk & First Friday with the Arts Friday, May 02, 2014 Location: Various Cost: Free Art Around Town is an association of galleries and studios dedicated to promoting and showcasing the visual arts; discover art venues in Cape Girardeau open from 5 - 9 p.m. the first Friday of every month. Many of the galleries will have a new show opening on the First Friday of each month with local, regional and national artists displaying their artistic and diverse mediums. Several galleries provide light refreshments for the added enjoyment of visitors. Participating galleries and exhibit information can be found here. Numerous downtown businesses stay open on the First Friday of every month from 5 - 9 p.m. and often feature special demonstrations and events. Southeast Baseball vs Murray State Friday, May 02, 2014 Location: Capaha Field Cost: Free The SEMO baseball team takes on Murray State at Capaha Field at 5 p.m. Bring a lawn chair or picnic blanket, as many fans enjoy watching games from the hillsides behind the first base dugout and left field wall. For schedules on all athletics at Southeast check out GoSoutheast.com. Scooby Doo! Live Musical Mysteries Friday, May 02, 2014 Location: Show Me Center Cost: $17.50/$25.50/$39.50/$49.50/$59.50 Jeepers! SCOOBY-DOO and the Mystery Inc. Gang have been called in to help solve an epic mystery in Cape Girardeau. A trouble -making ghost is haunting a local theater and SHAGGY, FRED, DAPHNE, VELMA and SCOOBY-DOO are on their way in the MYSTERY MACHINE to help solve it! This hilarious live theater show brings everyone's favorite animated series to life. Filled with wacky new characters, fantastic songs and outrageous antics, SCOOBY-DOO LIVE! MUSICAL MYSTERIES, presented by Warner Bros. and Life Like Touring, will have audiences on the edge of their seats in traditional Scooby-Doo fashion. See if this time the gang is in over its head on Friday, May 2 at 7 p.m. Doors open at 6 p.m. Live Entertainment at the Lone Wolf - Keith Morrison Friday, May 02, 2014 Location: The Lone Wolf inside Isle Casino Cape Girardeau Cost: Free Keith Morrison will play country in The Lone Wolf at Isle Casino Cape Girardeau. Cape Girardeau Rotary Club Soap Box Derby Saturday, May 03, 2014 Location: Sprigg Street in front of Blanchard Elementary School Cost: Free Annual fundraiser event for the Cape Girardeau Rotary Club. Watch kids ages 7-17 race to the finish in coaster kit cars as they compete for a spot at the All-American Soap Box Derby race in Akron, Ohio. Cape Riverfront Market Saturday, May 03,10,17, 24, 31, 2014 Location: 35 South Spanish Street Cost: Free At Cape Girardeau's only downtown farmer's market, you'll find fresh fruits and vegetables, meats, cheeses, eggs, nuts, honey, maple syrup, breads, baked goods, jams, art and crafts all locally grown, produced or prepared by the vendors. The market also features unique demonstrations and music and a shady sitting area where you can sit a spell and visit while enjoying good food. SNAP/EBT (formerly food stamps) accessibility is available. Opening day festivities will include a dinosaur exhibit from the Bollinger County Museum of Natural History (8am-10am), children's clay dinosaur sculpting (10am-12pm), and live music by Jacob Seyer (9am-1 lam). The market will also hold a Pancake Breakfast Fundraiser featuring buttermilk and multigrain pancakes made from an organic mix with local maple syrup from Gihring Family Farms. The Cape Riverfrom Market is in its 3rd season in 2014, and takes place every Saturday May -October from 8 a.m.-noon. Mark Twain & Cape Girardeau at the Cape River Heritage Museum Saturday, May 03, 2014 Location: Cape River Heritage Museum Cost: Free On Saturday May 3 at 11 am, Randy Barnhouse will give a presentation on "Mark Twain and Cape Girardeau". Southeast Baseball vs Murray State Saturday, May 03, 2014 Location: Capaha Field Cost: Free The SEMO baseball team takes on Murray State at Capaha Field at 2 p.m. Bring a lawn chair or picnic blanket, as many fans enjoy watching games from the hillsides behind the first base dugout and left field wall. For schedules on all athletics at Southeast check out GoSoutheast.com. Saturday Afternoons at Keller's at Isle Casino Cape Girardeau Saturday, May 03,10,17, 24, 31, 2014 Location: Keller's inside Isle Casino Cape Girardeau Cost: Free Spend your Saturday afternoons on the deck at Keller's listening to acoustic and mellow acts; Steven Woolley will play. Food specials and drink pairings are available for purchase. As You Like It Saturday, May 03, 2014 Location: Cape Public Library parking lot Cost: Free Stone Soup Shakespeare presents As You Like It, a favorite among William Shakespeare's comedies. The company combines Shakespeare's text with USO style decor and showmanship, adding WWII era music, found object puppets and a special opening act: The Green Show. Please bring a lawn chair as this event will be held in the library parking lot. All ages are welcome! 1944 USO Dance Saturday, May 03, 2014 Location: VFW Post 3838 Cost: $4-$8 Dress in your 1940's best and join History Alive and the SEMO Historic Preservation Program as they present a 1944 USO Dance with special guest Eleanor Roosevelt. 50% of ticket sales go to VFW Post 3838! Live Entertainment at the Lone Wolf - Flashback Saturday, May 03, 2014 Location: The Lone Wolf inside Isle Casino Cape Girardeau Cost: Free Flashback will play classic rock at the Lone Wolf inside Isle Casino Cape Girardeau. Southeast Baseball vs Murray State Sunday, May 04, 2014 Location: Capaha Field Cost: Free The SEMO baseball team takes on Murray State at Capaha Field at 1 p.m. Bring a lawn chair or picnic blanket, as many fans enjoy watching games from the hillsides behind the first base dugout and left field wall. For schedules on all athletics at Southeast check out GoSoutheast.com. Entertainment on the Farraddays Patio at Isle Casino Cape Girardeau Sunday, May 04,11,18, 25, 2014 Location: Farraddays inside Isle Casino Cape Girardeau Cost: Free Relax on the patio at Farraddays and listen to mellow and acoustic musical acts on Sunday afternoons; Grayson Wood will play. Food specials and drink pairings are available for purchase. An Evening with the Duggar Family Sunday, May 04, 2014 Location: Lynwood Baptist Church Cost: $10 Experience a unique event with the stars of TLC's "19 Kids and Counting" on Sunday, May 4, at 6:00 pm. Join us at Lynwood Baptist Church as the Duggar family shares about their journey. Book signing and meet -and -greet following the service (books will be available for purchase). Tickets are $10 each (payable to Midwest Ministry Care Center) and can be purchased at the church office, Monday through Friday, 8am to 5pm. Seating is general admission. Doors open at 5:00 p.m. All proceeds from the event will benefit the Midwest Ministry Care Center. Karaoke in the Lone Wolf at Isle Casino Cape Girardeau Wednesday, May 07,14, 21, 28, 2014 Location: The Lone Wolf inside Isle Casino Cape Girardeau Cost: Free Enjoy karaoke in the Lone Wolf with Missouri's King of Karaoke, Todd Stroder, at Isle Casino Cape Girardeau on Wednesday nights! Nature Center at Night: Outdoor Hazards Thursday, May 08, 2014 Location: Cape Girardeau Conservation Nature Center Cost: Free May is the perfect month to start planning your summer camping trips. As you plan, don't forget about safety. It's important to be aware or outdoor hazards and learn how to cope with them when outdoors. Y Historic Preservation Walking Tour Friday, May 09, 2014 Location: Southeast Missouri State University Campus Cost: Free Celebrate Historic Preservation Month with the annual Historic Preservation Walking Tour. The walk will begin at 6 p.m. at the Catholic Campus Ministry Parking lot at 512 North Pacific Street. The tour will focus on the history and architecture of SEMO. Beginning at the corner of Normal and Pacific, the walk will explore the history and unique architecture of the campus and will include discussion of a variety of architectural styles ranging from modern to neoclassical. You'll also hear about the 75th anniversary of Kent Library and tour Academic Hall renovations. Free and open to the public. Live Entertainment at the Lone Wolf - Backstreet Cruisers Friday, May 09, 2014 Location: The Lone Wolf inside Isle Casino Cape Girardeau Cost: Free The Backstreet Cruisers will play a variety of music at the Lone Wolf inside Isle Casino Cape Girardeau. Second Saturday Art Saturday, May 10, 2014 Location: Cape Girardeau Conservation Nature Center Cost: Free Calling all artists! Cape Girardeau has a history of celebrating local art on the first Friday of each month. The Nature Center would like to take the second Saturday to celebrate the artists who use the natural world for inspiration. Bring your supplies, whether they are pencils, paints, fiber, textiles, clay, wood, paper or camera and a lawn chair to set up on our grounds. It's a great place to see other artists and the general public. All forms of family friendly art welcome. Garden Tour: Shrub and Tree ID Saturday, May 10, 2014 Location: Cape Girardeau Conservation Nature Center Cost: Free Gardens and other naturescaped areas may be greatly enhanced by adding trees and shrubs. On this stroll around the nature center and a short way down the trail, we'll discuss how different species can be used as a border, a featured ornamental or as an addition to your wooded areas. Percussion Pops Saturday, May 10, 2014 Location: Bedell Performance Hall at the River Campus Cost: Free Enjoy this free percussion pops family concert on Saturday, May 10th at 10:30 a.m. at the River Campus! Live Entertainment at the Lone Wolf - Kricket Alley Saturday, May 10, 2014 Location: The Lone Wolf inside Isle Casino Cape Girardeau Cost: Free Kricket Alley will play a variety of music in The Lone Wolf at Isle Casino Cape Girardeau. Coffee House/Open MicBook Signing at the Cape River Heritage Museum Friday, May 16, 2014 Location: Cape River Heritage Museum Cost: Free Join us on Friday May 16, 2014, from 5:30 - 7:30 pm for a Coffee House/Open MicBook Signing event co-sponsored by the museum and the Heartland Writers Guild. Tunes at Twilight Friday, May 16, 2014 Location: Common Pleas Courthouse Gazebo (Lorimier and Themis) Cost: Free Bat Bennett will perform at the May 16th Tunes at Twilight. Bat has spent years performing for US troops stationed abroad, and currently performs at American Legion posts throughout the country, as well as Elk's Clubs, hotels, and Nightclubs. Traveling with his wife Brenda, he tours from place to place hoping to bring a smile and a song to whomever needs one. Live Entertainment at the Lone Wolf - The Black Diamond Band Friday, May 16, 2014 Location: The Lone Wolf inside Isle Casino Cape Girardeau Cost: Free The Black Diamond Band will play dance music at the Lone Wolf inside Isle Casino Cape Girardeau. Cape Air Festival Saturday, May 17, 18, 2014 Location: Cape Girardeau Regional Airport Cost: $12 ages 12+, $7 ages 7-11, 6 & under free The Canadian Snowbird's will make their first appearance in Cape Girardeau as the headliner for the 2014 Air Festival. The Canadian Snowbirds fly nine distinctive red and white CT -114 Tutors and are internationally known for precision aerobatics consisting of more than 50 different formations and maneuvers. The Snowbirds are one of only three military jet teams based in North America. The Snowbirds will be part of an incredible lineup, including the US Army Golden Nights, Matt Younkin, the Aerostars Jet Team, Paul Stender and more. The Cape Air Festival will take place Saturday May 17th and Sunday May 18th. Premium seating is available with limited availability and includes a meal, unlimited refreshments and seating along the show line; $35 ages 12+, $20 ages 7-11 and free for children 6 and under. Parking is a little different this year; the grounds of the airport are expected to be too wet for vehicles to park. Parking will be and buses will transport you right up to the main gate. Handy and convenient! Public parking for the 2014 Cape Girardeau Air Festival will be available at the following locations near the airport: Rhodes Truck Stop Lawless Harley Davidson Former Do It Best Agri -Trans Genesis Trucking View a map of parking locations here. Buses will be on hand to transport guests to and from the air festival grounds. Just a friendly reminder that coolers of any kind are not permitted to be brought into the festival. You are welcome to bring blankets, lawn chairs and strollers for seating. Accessible parking for disabled persons with a placard and groups or individuals who have purchased VIP tickets will be at the Cape Girardeau Regional Airport. Have an Air Festival question? Give them a buzz at 573-334- 6230. Spring Garage Sales Saturday, May 17, 2014 Location: Cost: Location: Osage Centre Cost: $1.00; 12 and under free Description: Find new treasures at the Spring Garage Sale,sponsored by the Cape Girardeau Parks and Recreation Department. Contact: Osage Center at 573-339-6342 Bilderbach's Art Plaza Spring Arts Festival Saturday, May 17, 2014 Location: Bilderbach's Art Plaza Cost: Free Meet over 50 artists, artisans and craftworkers from all over Missouri as they offer live demonstrations in a variety of mediums. Live musical entertainment. Excellent gift ideas. Good food. Great fun for all ages. Bring a friend! Historic Games at Bollinger Mill State Historic Site Saturday, May 17, 2014 Location: Bollinger Mill State Historic Site, Burfordville, MO Cost: Free Celebrate National Kids to Parks Day by enjoying an afternoon of historic games such as graces, nine pins, checkers and many more! Appropriate for all ages Cage of Honor MMA Saturday, May 17, 2014 Location: Isle Casino Cape Girardeau Cost: $25-$35 Get ready for explosive MMA action at Isle Casino Cape Girardeau on Saturday, May 17th. Doors open at 6 p.m and the fight starts at 7 p.m. General admission is $25, and cage -side seats are $35. To purchase tickets, call 573-820-2978. Live Entertainment at the Lone Wolf - Jaded Saturday, May 17, 2014 Location: The Lone Wolf inside Isle Casino Cape Girardeau Cost: Free Jaded will play a variety of music at the Lone Wolf inside Isle Casino Cape Girardeau. Feeding Frenzy Thursday, May 22, 2014 Location: Cape Girardeau Conservation Nature Center Cost: Free Ever wonder what it takes to keep all of the nature center reptiles, amphibians and fish happy? Thanks to some amazing animal care volunteers, they are fed a delicious smorgasbord of crickets, worms, minnows and more. Drop by to visit with the volunteers and staff as they feed the hungry critters. 10th Annual Western Swing Showcase Thursday, May 22, 23, 24, 2014 Location: Cost: Location: VFW Post #3838, 1049 N. Kingshighway Cost: $10.00 non members, $5.00 members Description: Music by the WSMSS Bands and other band. Door prizes and drawings. Big jam room available. Contact: Bob and Virginia Dolle 573-334-1377 Tunes at Twilight Friday, May 23, 2014 Location: Common Pleas Courthouse Gazebo (Lorimier & Themis) Cost: Free Coles Whalen will perform at the May 23rd Tunes at Twilight. Her bluesy folk music has opened for Pat Benatar, Joan Jett, Rufus Wainwright, Paula Cole and Kellie Pickler. Monica Younge from Indic Music Reviews called her music "Soulful, powerful, straight from the heart." You can learn more about Whalen here. Live Entertainment at the Lone Wolf - Modern Element Band Friday, May 23, 2014 Location: The Lone Wolf inside Isle Casino Cape Girardeau Cost: Free The Modern Element Band will play a variety of music at the Lone Wolf inside Isle Casino Cape Girardeau. Memorial Day at Fort D Saturday, May 24, 25, 26, 2014 Location: Cost: Location: Fort D Historic Site Cost: Free Description: First observed after the end of the Civil War, Memorial Day honors the memory of U.S. soldiers who have died in military service. Local re -enactors will salute the memory of fallen soldiers with rifles and cannon fire. Chief Paul White Eagle at the Cape River Heritage Museum Saturday, May 24, 2014 Location: Cape River Heritage Museum Cost: Free Chief White Eagle will give his first presentation of the season on Saturday May 24th at 11 am. Live Entertainment at the Lone Wolf - Gen X Saturday, May 24, 2014 Location: The Lone Wolf inside Isle Casino Cape Girardeau Cost: Free Gen X will play 80's music at the Lone Wolf inside Isle Casino Cape Girardeau. Ronnie Milsap at Isle Casino Cape Girardeau Sunday, May 25, 2014 Location: Cost: Location: Isle Casino Cape Girardeau's Event Center Cost: Tickets start at $25 Description: See this American country music star in action at Isle Casino Cape Girardeau on May 25th! There are 2 shows, one at 7 and one at 9 p.m. Show is 21 and up. Contact: Website Live Entertainment at the Lone Wolf - Michael Lynn Band Sunday, May 25, 2014 Location: The Lone Wolf inside Isle Casino Cape Girardeau Cost: Free The Michael Lynn Band will play a variety of music at the Lone Wolf inside Isle Casino Cape Girardeau. Tunes at Twilight Friday, May 30, 2014 Location: Common Pleas Courthouse Gazebo (Lorimier & Themis) Cost: Free Still on the Hill will perform at the May 30th Tunes at Twilight. This duo uses traditional instruments from their home in the Ozarks such as mandolins, banjos, fiddles, guitars, harmonicas and scrub boards as well as other oddities such as the musical saw, ukelin and tenor uke to create a kaleidoscope of musical color and texture. Find out more about Still on the Hill here. Live Entertainment at the Lone Wolf - Scott Holt Friday, May 30, 2014 Location: The Lone Wolf inside Isle Casino Cape Girardeau Cost: Free Scott Holt will play the blues in The Lone Wolf at Isle Casino Cape Girardeau. Cape Girardeau Goes Green Advisory Board May 13, 2014 Meeting Minutes Cape Girardeau Public Library 711 North Clark Street Call to Order Chairperson Blackwell called the meeting to order at 7:00 p.m. Attendance The following Board Members were present: Sam Blackwell (Chair), David Epps, Jeff Green, Marc Mahnke, Steve Maldando (Vice Chair), Steve Overmann (Secretary), and Chris Wubbena. The following Board Members were absent: Annabelle Criddle. The following City Representatives were present: Mike Schott (City Staff Liaison). The following City Representatives were absent: City Council Liaison Guests: Chris Macke. III. Approval of April 8, 2014 Minutes Jeff moved approval of the April minutes and Steve M. seconded. The minutes were approved. IV. Patrick Koetting Seat on Board Patrick has been serving on the Board and was recently elected to an interim position on the City Council. Patrick has resigned his position on the Board, but indicated his desire to return after his temporary service on the City Council. Gayle Conrad has indicated that the Board could decide to replace him or to hold his seat open for his return to the Board. There was discussion on this issue. It was unanimously decided to hold his seat open pending his reappointment to the Board. V. Chris Macke Report on Meeting with University Personnel Chris M. reported that he had met with Dr. Brad Deken and several University personnel regarding availability of education on home and commercial energy efficiency. He stated that there are not sufficient training opportunities on this topic available in Southeast Missouri. He indicated that he would also meet with personnel of the Cape Girardeau Career and Technology Center regarding energy efficiency education. Chris M. indicated that the University has thermography camera equipment that Board members could borrow for use in evaluation of City buildings. VI. Update on Focus Group Activity A. Energy and Transportation Steve M. reported that the group had met. They have obtained records of energy usage at the Cape municipal golf course. He said that this information will be useful in providing estimates of energy/dollar savings that could be accomplished at the golf course. David indicated that it would be desirable to get direct measurements on energy usage by the water heaters at the golf course. He said that this would be easily done with the right equipment. Steve M. said that the group had discussed one transportation issue, the City vehicle used to collect and distribute mail. The group questioned whether the vehicle and mail service is needed at all. Mike indicated that much of the mail being moved and distributed is inter- departmental mail between various City offices. Chris asked if there were data on mileage used and dollars spent on the mail car service. Steve M. said that he would try learn more about the City's internal mail service. Sam asked if a retro -fitted electric vehicle could be used for mail service. Steve M. and David said the idea of a converted electric vehicle would be discussed at the next group meeting. B. Waste Management and Outdoor Sustainability Chris W., Steve O. and Jeff reported that the group had met. They said that Marcus Janzow and two new members were also in attendance. Chris relayed the suggestion from Marcus that the new, small plantings accomplished this spring be allowed to be mowed. The new areas are too small to fence and mowing the first year had not hurt the larger area of flowers sewn two years ago. Steve O. reported he had met with Dru Reeves, former Board member, about signage for the wildflower plantings. Steve O. said that Dru agreed to have Horizon Screen Printing donate the signage. Julia Thompson was invited to the Focus Group meeting, but was unable to attend. There is a need to meet with Julia to discuss the wildflower project, signage, and recycling at the sports complex. Chris W. and Steve O. will try to meet with Julia. The group also had further discussions on community gardens and plantings of native grasses and trees in the City. Sam said that the local food bank was interested in the idea of community gardens. C. Education Sam indicated that the group had met. He distributed a list of "Green" internet sources selected by students of Dr. Anne Marietta's sustainability class. The list includes eight websites and three blogs that are a mixture of green -living tips and suggestions and environmental news. He asked the Board members to visit these internet sites before the next meeting and provide feedback. Chris asked is a pod cast could be added to the list. Sam noted that the green office guidelines had been added to the Board web space on the City web site. However, he noted, it is difficult to find the green office page. He asked Mike to talk with Nicollet to see if accessibility to the page could be improved. VII. Adjournment David moved to adjourn and Jeff seconded. The meeting adjourned at 8:00 p.m. The next meeting will be held June 10, 2014 at 7:00 p.m. in the Cape Public Library Respectfully submitted, Stephen R. Overmann Natlle ni srmro Metropolitan Planning Organization BOARD OF DIRECTORS �� MEETING MINIJTES D APk123, 2014 Cape Girardeau Public Library- Cape Girardeau Board Voting Members Present ML Chaunry Bu Mheli, Southeast Missouri Regional Planning & Economic Development Commission Mr.Charlie Honest Cape Girardeau County Mrs Barbara four City of ackson Mr. Scott Meyer City ofCape Girardeau ML Harry Radio er, City of Cape Girardeau PH Jim Roach City of ackson Board Ez-ORldo Members Present ML Mike Bandon, Missouri Department of Tansporiallon Me. Moral Drink, Southeast Missouri Regional Pori Authority PH Step Duke, Spousal Regional Planning Commission ML Dan Overbey, Southeast Missouri Regional Pori Authority ML Map Seller Missouri Department otTansporhgon Technical Planning Committee Members Present Mr. Rodney Bollinger, City of ackson Mr. Drew Christian, Southeast Missouri Regional Planning & Economic Development Commission ML Joe Kilian, Missouri Department of Transportation ML Larry Payne Cape Girardeau Area Chamber Commerce (Transportation Committee) Staff Present Me. Molly Hood City ofCape Girardeau PH Ryan Shbmplln, City N Cape Girardeau Call to Order Chairman Buchhelt called the meeting to order at130 p on Introuuchons The group went around the room with each person gluing a brief introduction . Tracey Glenn with the MOD OT consultant team was In attendance Public Comments There were no public comments. Adoption of Agenda Southeast Metropolitan Planning Organization Board Meeting Minutes April 23, 2014 Page 2 of 3 The April 23, 2014 Board Meeting Agenda was unanimously approved for adoption upon motion made by Vice Chairwoman Lohr and seconded by Mr. Roach. Minutes The minutes of the March 19, 2014 Board Meeting were unanimously approved upon motion made by Mr. Rediger and seconded by Mr. Herbst. Communications from the Chairman There were no communications from the Chairman. New/Unfinished Business Chairman Buchheit opened the public hearing on the draft Public Participation Plan. There being no questions or comments from the public, the hearing was closed. Mr. Shrimplin stated that staff had not received any questions or comments to date. He added that the public comment period closes on May 6, 2014. Ms. Hood stated that a notice of the public hearing was published in the Southeast Missourian on April 13, 2014. The Board reviewed the prioritized project list for the proposed transportation sales tax, as recommended by the Technical Planning Committee. Ms. Hood gave an overview of the process used to score and rank the forty-one projects in the list. The top ten projects represent all modes of transportation (roads and bridges, transit, bicycle and pedestrian, aviation, waterways, and rail). The number one priority is improvements to Interstate 55. The Committee acknowledged that this project consists of several smaller projects that could be completed over time. As such, the Committee directed staff to "give away" portions of the project, if necessary, in order to gain funding for the other portions. If additional concessions need to be made, staff is to start with the tenth ranked project and work upward. Mrs. Glenn added that the list does not contain maintenance projects, which the Committee decided to take "off the top" to ensure that infrastructure conditions do not fall below acceptable levels. Mr. Roach made a motion to approve the prioritized project list for the proposed transportation sales tax. Mr. Meyer seconded the motion. The motion passed unanimously. Chairman Buchheit explained that MoDOT has requested that each RPC and MPO submit a letter stating its organization's position regarding taking transportation sales tax revenues "off the top" to fund 1) improvements to Interstate 70, and 2) operations for Amtrak. The amount for Interstate 70 is estimated at $1.2 billion; the amount for Amtrak is estimated at $150-$300 million. The final decision will be made by the Missouri Highways and Transportation Commission. If the decision is made to not take funds "off the top" for Interstate 70, then it will be up to the RPC's and MPO's that have Interstate 70 within their planning area to make an allocation from the funds their area receives. If funds are not taken "off the top" for Amtrak, then Amtrak will need to continue its current practice of lobbying the state legislature annually for an appropriation from the state's general revenue fund. Mr. Meyer made a motion to ratify the Technical Planning Committee's recommendation to not support taking transportation pia Southeast Metropolitan Planning Organization Board Meeting Minutes April 23, 2014 Page 3 of 3 sales tax revenues "off the top" to fund improvements to Interstate 70 or to fund operations for Amtrak. Mr. Rediger seconded the motion. The motion passed unanimously. Other Communications Chairman Buchheit stated that the SEMO RPC asked him to support the projects on SEMPO's list at the upcoming regional prioritization meetings with MoDOT, and encouraged SEMPO staff to do likewise. Adjournment Upon motion made by Mr. Rediger, seconded by Vice Chairwoman Lohr, the meeting was adjourned unanimously at 2:00 p.m. Respectfully submitted, Ryan Shrimplin