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02-06-17.Regular
' CITY OF CAPE GIRARDEAU, MISSOURI City Council Agenda r � Harry E. Rediger, Mayor City Council Chambers Joseph Uzoaru, Ward 1 City Hall Shelly Moore, Ward 2 401 Independence Victor Gunn, Ward 3 Robbie Guard, Ward 4 Cablecast on: Bob Fox, Ward 5 City Public Access Channel 993 Wayne Bowen, Ward 6 www.cityofcapegirardeau.org ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ February 6, 2017 Study Session 5:00 p.m. Items for Discussion • Capital Improvements Program Discussion • Appearances regarding items not on the agenda • Agenda review No action will be taken during the study session 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 Pastor Dave Conley of Centenary Church in Cape Girardeau Pledge of Allegiance Call to Order/Roll Call Adoption of the Agenda Presentations Communications/Reports • City Council • Staff Public Hearings 1. A public hearing to consider a request for a Special Use Permit for a residential treatment facility at 2852 Independence Street. (Agenda Item No. 10; BILL NO. 17-17) 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. 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. 2. Approval of the January 23, 2017, City Council regular session minutes. 3. Bill No 17-09, an Ordinance amending Chapter 6 of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to Chickens in the City Limits and Other Animal Regulations. Second and Third Readings. 4. BILL NO. 17-10, an Ordinance approving the record plat of Humphrey 2nd Subdivision. Second and Third Readings. 5. BILL NO. 17-11, an Ordinance approving the record plat of Rock Gardens Subdivision. Second and Third Readings. 6. BILL NO. 17-12, an Ordinance authorizing the Mayor to execute a Special Warranty Deed to Drury Development Corporation, for property located in the Greater Cape Girardeau Business Park, in the City of Cape Girardeau, Missouri. Second and Third Readings. 7. BILL NO. 17-13, an Ordinance amending Schedule C of Section 26-121 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by establishing stop signs at various locations along Williamsburg Drive, in the City of Cape Girardeau, Missouri. Second and Third Readings. Items Removed from Consent Agenda New Ordinances 8. BILL NO. 17-15, an Ordinance approving the record plat of Town Plaza Subdivision No. 2. First Reading. 9. BILL NO. 17-16, an Ordinance authorizing the City Manager to execute a Transportation Alternatives Program Agreement(TAP-1500(023))with the Missouri Highways and Transportation Commission for the Independence Sidewalks Project. First Reading. 10. BILL NO. 17-17, an Ordinance granting a Special Use Permit to Community Counseling Center, for purposes of constructing, maintaining, and operating a residential treatment facility at 2852 Independence Street, in the City and County of Cape Girardeau, Missouri. First Reading. Appointments Other Business Meeting Adjournment Memos • Appointments to the Golf Course Advisory Board. Advisory Board Minutes Planning and Zoning Commission Minutes, January 11, 2017 SEMPO Technical Planning Commission, January 4, 2017 Staff: Ryan Shrimplin, AICP - City Planner AGENDA_ Girard_ REPO RT Agenda: 2/6/2017 ' SUBJECT A public hearing to consider a request for a Special Use Permit for a residential treatment facility at 2852 Independence Street. EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- A public hearing is scheduled for February 6, 2017 to consider a request for a Special Use Permit for a residential treatment facility at 2852 Independence Street. An ordinance granting the Special Use Permit is on this agenda as a separate item. BACKGROUND/DISCUS SION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- A Special Use Permit application has been submitted for the property at 2852 Independence Street. The property is zoned R-4 (Medium Density Multi-Family Residential) and contains an existing building with paved parking areas and other improvements. It was last occupied by Life Care Center of Cape Girardeau. The property was purchased by the Community Counseling Center for use as an adolescent development center and residential treatment facility. The development center is a permitted use in the R-4 district. The residential treatment facility is a special use. According to the applicant, no site changes are proposed. The existing building will undergo an interior renovation. The residential treatment facility will initially comprise 25% of the floor area and contain 16 beds. The remaining floor area will be used for the development center and future expansion of the residential treatment facility up to a total of 32 beds. It is estimated there will be 36 employees on the largest shift for the development center and residential treatment facility. Most of the clients will be transported by vans operated by the Community Counseling Center. Visitor traffic is expected to occur mostly on the weekends, when most of the employees are not working. Certified copies of the application, application file, and the following applicable sections of the Zoning Code are attached: Section 30-325 contains the requirements for the R-4 district. Section 30-401 contains the requirements for Special Use Permits. A public hearing is scheduled for February 6, 2017 to consider the request. An ordinance granting the Special Use Permit is on this agenda as a separate item. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- See attached staff report for analysis. STAFF RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff recommended approval of the Special Use Permit request to the Planning and Zoning Commission subject to the conditions in the attached staff report. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing on January 11, 2017, and recommended approval subject to the staff recommended conditions, with a vote of 9 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The City Council's public hearing was advertised in the Southeast Missourian on January 22, 2017. In addition, a sign containing the date, time, location, and subject of the Planning and Zoning Commission and City Council public hearings was posted on the property. Notices were also mailed to the adjacent property owners. ATTACHMENTS: Nairne: Descril IpHion: ❑ Staff Review-Referral-Action Form.pdf 2852 Independence St 8t IF1 Staff RRA If earirn•n ❑ Staff_Report P Z SUP 2852 Independence St Residential Treatment Facility in - 4. df 2852 Independence St 8t IF1 staff Report ❑Map 2852 Independence Zoninq.pdf 2852 Independence St 8t IF1 Zoning I ❑Map 2852 Independence - FLU.pdf 2852 Independence St 8t IF1 If 1lL) I ❑Application - 2852 Independence Street SUP.pdf 2852 Independence St 8t IF1 Applliicatiion E:1 PELIM2852.pdf 2852 Independence StSUIF1 IFlirelliiirn•niiinairy f="Ilan;:, ❑ -4. df 14 IDiistirid IReagu.ullatiioins ❑ Sec 30-401 Special Use Per its.pdf Sedoin 30 401 Slpeciiall Use If="eirir nuts CITY Off`CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Special Use Permit Application FILE INTO. 1349 LOCATION; 2852 Independence Street .STAFF VIEW COMMENTS. Garen Miller,representing the Community Counseling Center,is requesting a SLIP to allow a residential treatment facility in the R-4 zoning district at 2852 Independence Street. SEE STAFF REPORT FOR FURTHER INFORMATION. ATION. r_ City Planner Date t a.be CityE Atlorni y,.__. Date CITY AIANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION. City Manager s° Date Planning & Zoning Commission Public Hearing Posting Date. Public Hearing Date: 1/11/17 RECOMMENDED ACTION: Favor Oppose Abstain Favor Oppose Abstain Trae Bertrand E ® ® Scott McClanahan ,4 Larry Dowdy Er ® U Druce Skinner cf' Jeff Glenn ® ® Doug Spo®ler Devin Greaser R, ® Torn Welch Ei Patrick Koetting Uf ® Q t ,1 VOTE COUNT: 1 Favor 1 .:� Oppose Abstain COMMENTS: CITIZENS COMMENTING AT MEETING: Bruce Skinner Planning& Zoning Commission Secretary City Council Action Public Hearing Posting Date. Public Hearing Date: Ordinance I sr Reading Ordinance 2nd& 3Yd Reading. VOTE COUNT. Favor Oppose Abstain O ;NANCE # Effective Date- CITY CAPS GIIRARC)EAU DEVELOPMENT SERVICES STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner DATE: January 11, 2017 SUBJECT: Special Use Permit for a Residential Treatment Facility at 2852 Independence Street A Special Use Permit application has been submitted for the property at 2852 Independence Street. The property is zoned R-4 (Medium Density Multi-Family Residential) and contains an existing building with paved parking areas and other improvements. It was last occupied by Life Care Center of Cape Girardeau. The property was purchased by the Community Counseling Center for use as an adolescent development center and residential treatment facility. The development center is a permitted use in the R-4 district. The residential treatment facility is a special use. According to the applicant, no site changes are proposed. The existing building will undergo an interior renovation. The residential treatment facility will initially comprise 25% of the floor area and contain 16 beds. The remaining floor area will be used for the development center and future expansion of the residential treatment facility up to a total of 32 beds. It is estimated there will be 36 employees on the largest shift for the development center and residential treatment facility. Most of the clients will be transported by vans operated by the Community Counseling Center. Visitor traffic is expected to occur mostly on the weekends, when most of the employees are not working. The Zoning Code authorizes the City Council to approve Special Use Permits in accordance with Section 30-401. In order for a Special Use Permit to be approved, both the Planning and Zoning Commission and the City Council must consider and make findings of fact with regard to certain criteria. Staff has reviewed the criteria and made the following determinations: Criterion #1: The proposed special use will not substantially increase traffic hazards or congestion. Finding: This criterion is met. The applicant has indicated there are 51 existing parking spaces on the property. Based on the above information, the number of existing parking spaces exceeds the required minimum number of parking GI84AD\GS\ AS; 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org CITY CAPS GIIRARC)EAU DEVELOPMENT SERVICES spaces for the development center and residential treatment facility. The property has a well-functioning circulation system, including a drive at the front for dropping off clients. The property was previously used as a nursing home, which generated higher traffic and parking demands than the proposed special use. Criterion #2: The proposed special use will not substantially increase fire hazards. Finding: This criterion is met. The renovation will be compliant with the Fire Code. The proposed special use does not pose any significant fire risks. Criterion #3: The proposed special use will not adversely affect the character of the neighborhood. Finding: This criterion is met. The property is located in an area characterized by commercial and multi-family residential uses. The proposed special use is compatible with these uses. The exterior appearance of the building and site will not change, and the operation of the residential treatment facility will be similar to that of the nursing home. Criterion #4: The proposed special use will not adversely affect the general welfare of the community. Finding: This criterion is met. Both the development center and the residential treatment facility will provide valuable services to the community and be operated in a responsible manner. Criterion #5: The proposed special use will not overtax public utilities. Finding: This criterion is met. The property has existing utility services. The proposed special use will generate less demand for utilities than the previous use, which had far more residents. Based on the above findings, staff recommends approval of the Special Use Permit request, subject to the following conditions: 1. The special use shall conform to all applicable requirements of the Zoning and Development Codes. 2. Major modifications to the special use shall require the approval of the City Council. GI84AD\GS\ AS; 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org CITY CAPS GIIRARC)EAU DEVELOPMENT SERVICES 3. This permit shall automatically expire twelve (12) months from the date of issuance if the use for which it was granted has not commenced. 4. This permit is not transferable without the consent of the City Council. GI84AD\GS\ AS; 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org 2852 Independence Street Special Use Permit Request Special Use%Permit requested for residential treatment facility. / y 849 2s4s ; l' 3120 I Current Zoning District: R-4 (Medium Density Multi-family Residential) 2$54 u�yu 9 Future Land Use Recommendations High Density Residential ����'/X2854 � 2854 11w ,., �rll.„>',��lr�rK>rt(���//r%, 2854 /r'i,�y / i%� / ,�, jai%//i�///////iii /� JiiiTmp//;CIN / 9 t/ f Vii! 3120 2 63 � ,, , ilii i /����i /� f /�/� � J, 28 �� /� ,�/�, , �,. � 2863 �� 59 2867 8 ® 2867 : 3„ 9, , 286 125 I //0� %; +',r� ,,,;//f,' , ��, , ) / •28382838 ,��Ust, -4 Ali" 2838 R full�� 2842 2834 Ql i, 2874/i » frJ f 2842' r �>� � l j� Ali%�%��y%� ;><�,N � j� �1��� % � I ��y���� • •2842 X2842, a irusuuNuu 2834 � ����� ���f� �➢»� u,�! , , , 1 J1r 1 111 ! 1, �!4` �,5,4<n�1, , �,��� ���� �� ,, ,, , ,,,, �1��01i(//llti�111�1�J1➢I�l;1Jl/f>f'����fl rlf���ll��`i�,�'J�, �)��������i��l� ������ Legend fr�l'w E �i r '! �% 1 12857// �� // f 1 �J j .2 / `, / 2855«2 01 2852 Independence Street / a, 2852 i Parcels r HJ CITYO CAPE Zoning District G I R A R D E A U j IrJlfff f 1`f1/Jf%//%/ri 1� iii / r / C1 Created by: Development Services Carol Peters .... _ C2 December 27, 20169 r Source Esni iglfa /Getrna � JR4 / User rrGN"i'y r���, f%/ foommu�nity��� 2852 Independence Street Special Use Permit Request rf .• Special Use Permit requested for residential treatment facility. 2849 2849 3120 RCurrent Zoning District: -4 Medium Density Multi-family Residential 2854 % . Future Land Use Recommendation High Density Residential 285.4 /f ii 2858 •2854 ' . 2854 •.• 2854 ''�/i „ • /r% r r,,f;J l"i %/ %; r / 2858 2858 2858 11T 2858 r 2858 1,113311/7 i I I I' I� `rllr' II j I I i ll/,/< i /i/,/ G/ / , (�✓ i `i"V `"''''I f Whitener;;St%/�//ii. �,� U/ � /�%�, MOMM, f/ VW///0//1 rr, " 2863 9 / 12 367 ,�2863 ,2867 2859 2863 r // 2859 // 2867 ///,' ,2859 PO","' / ;' 2 67 ••' 2863 �� •�. 2867 ;; 2859 l/ �//// / / o r /i// • . . 2863 •,28592867 2863 / /, ia 2838 2838 is 283 2842 02838 D; 2842 2874 2842' 2834 2852 2842 ''2834 2842 / 283• 4%/i/ •2842 2834 r1 lyhY �l / lllillr%�l111�,1�11f1 X11 I / / f �l���f��,, cif DFNNN IIJ�� IYYgii V�v 14 , Legend W E / 2852 Independence Street � ' � /�//%%%%%///�, 2857 ,�''�/ 2855�2 �i 8 /% � %//% 'rr Parcels S �'yi r 2857 I I,Vii ,w°i��,�ill 4,�'"'ulll� CITYOCAPE Future Land Use ' rrr� High Density Residential = Institutional Created by: Development Services Carol Peters Low Density Residential December 27, 2016 source Esn � a� obe, �` r I ��� Medium Density Residential "mill elllrq"omm nityE �X,Getmap /�i Alf REZONING/SPECIAL USE PERMIT APPLICATION CITY Of CAPE GIRARDEAU aEa,. DEVELOPMENT SERVICES DEPARTMENT,401 INDEPENDENCE ST,CAPE GIRARDEAU,MO 63703(573)339-6327 Property Address/Location 2852 Independence Street Applicant Property Owner of Record (if other than Applicant) AGM, Inc. Community Counceling Centers Mailing Address City,State,Zip Mailing Address City,State,Zip 5115 Saint Charle Place Shrewsbury, MO. 63119 402 S. Silver Springs Road than Girardeau Telephone Email Telephone Email 3149606006 garen@garenmiller.com 573-382-5739 Iream@cccntr.com Contact Person (If Applicant is a Business or Organization) (Attach additional owners information, if necessary) --- _ -Garen-B Special Use Criteria(Special Use Permit requests only) Explain how the Special Use Permit request meets the criteria below. Attach additional sheets, if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. Clients served (adolescents)are not able to drive. Existing parking will satisfy staffing requirements, %A/hlch ie lace than nra iini is m inzinn hnma imp 2) The proposed special use will not substantially increase fire hazards. The existing use (nursing home) is the same use group as the proposed use (Institutional Use Group 9) 3) The proposed special use will not adversely affect the character of the neighborhood. The building will continue to be maintained. The use will not generate additional noise or polution. 4) The proposed special use will not adversely affect the general welfare of the community. This center currently exist within the community and is being relocated to this building. The use virdoc o me 'k no A-A c o An in>ho rnmrni 4" n rr� TIT —speciatuse wits no�overEax pubtic ut(C>les. Only 16 patient rooms will be reused, reducing sewer and water demands. ADDITIONAL ITEMS In addition to this completed application form,the following items must be submitted: REQUIRED —Application fee($135.00 payable to City of Cape Girardeau+additional$80 for Planned Development rezonings) _One(1)list of names and mailing addresses of adjacent property owners See Instructions for more _One(1)set of mailing envelopes,stamped and addressed to adjacent property owners information. _One(1)full size copy of a plat or survey of the property, if available One(1)full size set of plans,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,light poles, detention basins, landscaping areas,freestanding signs, etc. (Planned Development rezonings and Special Use Permits only) _Digital file of the plans in .pdf format(Planned Development rezonings and Special Use Permits only;can be emailed) One(1)set of Planned Development documents(Planned Development rezonings only) CERTIFICATIONS The undersigned hereby certifies that: 1) They are the Property Owner(s)of Record for the property described in this application; 2) They acknowledge that an approved Special Use Permit becomes null and void if the use for which the permit was granted does not commence within twelve(12)months of the approval date,unless an extension has been granted; and 3) They acknowledge that they are responsible for ensuring that all required licenses and permits are obtained prior to commencing any use or work on the property. Property Owner of Record Signature and Printed Name Date (Provide additional owners signatures and printed names in the space below, if applicable) The undersigned hereby certifies that they are an agent duly authorized by the Property Owner(s)of Record to file this application on their behalf, andZtha Owner(s)of Record hereby agree to the above certifications. A r atm 12/18/16 = _..._ Appli¢ nt�Signature and Printed Name Date Revised 08/11/2016 Legal Description A trast of land being all of Late 2,3< 4 of Crites�Isl Addition and a pad O(Cut ut L61 62,In the Myof Cape #raydea u,Cape Girardaeu County, Mfssoutl,and being mm parllcrlatly dDsaffied 89 follows,' Begin at found I inch diamstarlmn riod marking the saartheast comer Ofsald Lot 4;pfd point fat-ling°lin t3� naM Me of Independence tae ;th--nw Wth tha nonh As of Wd street,soulb 99 dagmas 56 r0 9O seconds west 3oua fact lam twnd j Inch dIamater Iraq rod and the southwed camarof Lot 2 of sold Cedes lora,;ftneewith tha west flneof said Lot;north 00 dogra=04 rnM4w Gftamda MO 2M.00 fast tra a found Y2 lnrh dlaroatarfr n aid naaaf na the northwest amarof said thencevAh ft north! of said Lot nw1h 89 degreas So mlmdas 00 sewnds east MOD fast W 9 inohd1arnoW bort rot QW48AGM 00 dagreas 04 rnlaula�00 seconds west 21Z95 lost to a WWI rzad end a�pelf�� a�aarallr al�Iaf of fine of exIsHM Whitener tq thence wIlh said south line,nmth 89 dopes 55 MIMIGS00 - - -- -- - _ r SwLkao degreas 04 Wnules 00 seconds awt 43295 feat to the place of bedWng, ;. This desvipflon MOM fimn the one within tho Ulla commilmni prepsred by t i *Natibmt Tiffs Insurance Company of New Yaaak bearing arra affe tau date of May 04,2M,SM p.m.,In dud It stalw all found In place at Me time ofthissarao padbMed an Jtar O I.2W& �The above desodbad lands am the saute is desodhed Witrin Uita comri lvmrd. pamdbyRdelltj a National,Mile insurance Company's Carnmitm ent No.d3OKS05797 bewfing an effeallve dale of May D4,20 , 5,00 P.M. 79 i Surrey of Site 1999' $3 — -- ----- --— i c� pa- tg 4d VE . ,.�:i UT 3^+tl9 Y1�Ttl«'t..3 � C.ta9 �� f LL^W&fb h03.➢ �H....-,..P .._.. i_!F3'�...._..�...... ..d'J.L�.T.. 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Ell 2852 INDEPENDENCE RD C El (3, APE GIRARDEAU,MO 63703 mr ❑ 0 --------------------------- Nor 9/yb oNsa1a oN/exe1mNAur ............. .18 4= SIHIS IS CO-1— SHEET TITLE q LTTTTT DEMO PLAN � +-------------------------------------------------.,,_,. DEMO PLAN-EXISTING GROUND FLOOR PLAN NOT FOR CONSTRUCTION PRELIMINARY Dloo SHEET S OF 18 KEYNOTES GM INC ............ mo...... ...... Lai ra Ell FSI, Ell El El El El Ell 6T X: E, 21 A CIVIL CONS—TS To �E Ell 77 k. EP 'B rw mcmj -m GEZ- I El Ell El E El ❑El El El El 0; El T 49 E] V 4 d ENLARGED DEMO PLAN EXISTING NORTHWEST WING CCC COTTONWOOD NORTH CAMPUS 2852 INDEPENDENCE RD CAPE GIRARDEAU,MO 63703 ——CO--- 1-1—AIV 11111116 7DAT CO-1— f6, ENLARGED DEMO PLANS NOT FOR CONSTRUCTION PRELIMINARY D101 KEYNOTES GM INC Ni LOVIS,mo.63it9 LILL STRUCTURI-MEPCONS-TS CIVIL CONS-TS aL) fa�)1 I-D D-w 0-� r-1 Fn FF-1 pp !J N I I I =Lj�J1. El. uu o0 NORTH CAMPUS CCC COTTONWOOD ...........`� CAPE GIRARDEAU,MO 63703 D L L T itp......... ............ �ly CO-1- f6, LD Ln 6k DEMO REFLECTED F7CEILING PLAN 7r7 zID O^^-06 ................. _EXISTING REFLECTED CEILING PLAN /PRELIMIN RY 102 NOT F I ll,�-�I SHEET 5 KEYNOTES GM INC ;IIID "A.T....." STRUCTURIL&MEPCONSULTANTS CIVILLCONSULTANTS NMI" Z�' E CCC COTTONWOOD NORTH CAMPUS 2852 INDEPENDENCE RD CAPE GIRARDEAU,MO 63703 A, RM] 149k] 10,1,1,6CO-11101 111ILL-Al 111 40 2.1 FW C C w. W291 I M.'I El M.ATI Fir I E El .............. M6A" All l 77 SHEET TITLE PLAN I 0 iEs— As +------------- -------------+ FLOOR PLAN-GROUND P4eT FeR eeN6TRYeTiep4 PREHIll ............-] A100 KEYNOTES GM,INC O 0CPHL CONSULTANTS o © o a D o 05 o D o 0 a. a. _ o � CCC COTTONWOOD 0 0 � b � 0, NORTH CAMPUS E 2852 INDEPENDENCE RD Q CAPE GIRARDEAU,MO 63703 ------------------------------------------ FT O0N TFORC 111101i11EIL-Al FOT 10 o a - a a —1— m o a BEE,„LE DETAIL PLAN N 0 0 0 ;w ao o� AD r DETAIL PLAN-BATHROOMS&NURSE STATION DETAIL PLAN-RESTROOM&DAV AREA A101 KEYNOTES GM,INC Ni LOV 5,mo.63it9 &MEP CONS ff TS Cl-CONS—NTS II,� IIS IrJ . I ° �� �!� :� n CCC COTTONWOOD )'1�� 1JJJJJJJ�„ � � m •`�C��i �'�'� .� "� � � �I � ._� �� "7�,� NORTH CAMPUS 101� 1111 RD CAPE GIRARDEAUINDEPENDENCE MO 63703 -s10 I u III il - x111101 PRam Al s II ATI g�l / 0 Q ,a 0 m ilii oaf C,,.o ;;; „ FY e �I(ED1� f I P.R�M e,e� RE EF LECEC TED CEILING PLAN TL IL A102I REFLECTED CEILING PLAINGROUNDFLOOR KEYNOTES GM,INC w'.' Ni toVis,mo.63it9 lu. &ELEVATION-NORTH CIVIL CONSULTANTS ff j ELEVATION-SOUTH I CCC COTTONWOOD NORTH CAMPUS ELEVATION-EAST 3 - _ 2852 INDEPENDENCE RD o " CAPE GIRARDEAU,MO 63703 No/io aQ oN saV 0H/e ILu Aur 4 ELEVATION-WEST m/ SHEET TITLE ELEVATIONS NOT FOR CONSTRUCTION/PRELIMINARY A200 &'GM,,lNC. 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PLAN,GROUND FLOOR PLAN FINISH SELECTIONSNOT F FS100 Sec. 30-325. - R-4, medium density multifamily residential district. (a) Purpose. The R-4 district provides for multifamily dwellings and other residential uses with a maximum density of eighteen (18) units per one (1) acre. Single-family and two-family(duplex) dwellings are permitted in order to accommodate existing R-4 zoned lots that either contain such uses or are not large enough to be developed for multifamily dwellings. It is not intended for new single-family or two-family subdivisions, which are prohibited. (b) Permitted uses. (1) Single-family detached dwellings, with only one (1) dwelling per lot, and excluding new single-family subdivisions. (2) Two-family(duplex) dwellings, excluding new two-family subdivisions. (3) Multifamily dwellings. (4) Townhouses. (5) Cluster subdivisions, as permitted elsewhere in the City Code. (6) Nursing homes, senior citizen housing and retirement homes. (7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and/or outdoor recreational facilities, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners association. (8) Public parks, playgrounds, and recreational facilities. (9) Police and fire stations. (10) Elementary, middle and secondary schools, and development centers for elementary, middle and secondary school age children with physical, mental or developmental disabilities. (11) Commercial day cares. (c) Permitted uses (accessory). (1) Private garages, carports and accessory buildings, as permitted in section 30-403, supplemental regulations. (2) Home occupations, as permitted in section 30-405, supplemental regulations. (3) Solar energy systems, as permitted in section 30-410, supplemental regulations. (d) Special uses. (1) Bed and breakfasts. (2) Cemeteries, on a minimum of ten (10) acres of land. (3) Transitional housing. (4) Wind energy conversion systems, as permitted by section 30-410, supplemental regulations. (5) Residential treatment facilities. (6) 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. (e) Height, area, bulk and setback regulations. (1) Maximum height. Five (5) stories not to exceed sixty(60)feet. (2) Minimum lot area: a. Each townhouse must be on a separate platted lot consisting of at least one thousand four hundred (1,400) square feet. b. All other uses: Three thousand seven hundred fifty(3,750) square feet. (3) Maximum density. Eighteen (18) units per one (1) acre. Higher densities may be approved with a cluster subdivision, as permitted elsewhere in the City Code. (4) Minimum lot width: a. Each townhouse:Twenty(20) feet. b. All other uses: None. (5) Minimum yard requirements: a. Front yard: 1. Each townhouse:Ten (10) feet. 2. All other uses:Twenty-five (25)feet. b. Rear yard: 1. Each townhouse:Twenty(20)feet. 2. All other uses:Twenty-five (25)feet. c. Side yard: 1. Each townhouse: None. 2. All other uses: Five (5) feet. (6) Maximum building coverage, including accessory buildings: Fifty(50) percent of the lot for all uses except townhouses. (7) Open space requirements. For any multifamily residential uses or nonresidential uses, a minimum of twenty(20) percent of the total lot area shall be devoted to open space, including required yards and bufferyards. (Ord. No. 4760, art. 1, 9-14-15) Editor's note— Ord. No. 4760, art. 1, adopted Sept. 14, 2015, repealed the former § 30-325, and enacted a new section as set out herein. The former § 30-325 pertained to similar subject matter and derived from Ord. No. 4109, art. 2, adopted March 1, 2010; Ord. No. 4149, art. 4, adopted Aug. 16, 2010; and Ord. No. 4206, arts. 7, 11, adopted March 7, 2011. Sec. 30-401. - Special use permits. (a) Purpose. Subject to the provisions of this section, the city council may by ordinance on its own motion or on application grant a special use permit for the special uses specifically identified in each zoning district from which the uses are otherwise prohibited by this chapter.The city council shall impose appropriate conditions and safeguards for the issuance of the special use permit, which may include a specified period of time for the permit, a limitation of the persons who may carry out such use, and limitations upon or requirements for the size or design of buildings and other improvements upon the property, all for the purpose of conserving and protecting property and property values in the neighborhood. (b) Application for special use permit. Applications for special use permits shall be made and processed in the same manner as provided in section 30-206 relating to applications for district changes. (1) The city council shall determine whether such building or use will: a. Substantially increase traffic hazards or congestion; b. Substantially increase fire hazards; c. Adversely affect the character of the neighborhood; d. Adversely affect the general welfare of the community; and e. Overtax public utilities. (2) If the council's finding is negative as to all the subject referred to in this section, the application may be granted; if affirmative as to any subject, then such special use permit shall be denied. (3) Any proposed special use shall otherwise comply with all the regulations set forth in this chapter for the district in which such use is located. (Ord. No. 4109, art. 2, 3-1-10) --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Bruce Taylor, Deputy City AGENDA REPORT Agenda: Clerk/Administrative Aide Cap_ Girardeau 2/6/2017 SUBJECT Approval of the January 9, 2017, City Council regular session minutes. ATTACHMENTS: Nairne: Desciriilrrodiion: ❑2017.01.23 RegUIaraessionMlnUtea.pdf JainUair,q 23,2017, COUnolill I iregUllair session DRAFT Regular January 9, 2017 JJ-485 REGULAR SESSION—January 23,2017 INVOCATION Bruce Baxter of La Croix United Methodist Church in Cape Girardeau PLEDGE OF ALLEGIANCE Boy Scout Troop 5 led the Pledge of Allegiance CALL TO ORDER The Cape Girardeau City Council convened in regular session on Monday, January 23, 2017, at 7:00 p.m., with Mayor Pro Tempore Victor Gunn presiding and Council Members Wayne Bowen, Bob Fox, Robbie Guard, Shelly Moore and Joseph Uzoaru present. Mayor Harry Rediger was absent. ADOPTION OF THE AGENDA A Motion was made by Wayne Bowen, Seconded by Joseph Uzoaru to adopt. Motion passed. 6-0. Ayes: Bowen, Fox, Guard, Gunn, Moore, Uzoaru. Absent: Rediger. PRESENTATIONS Mayor Pro Tempore Victor Gunn presented a Proclamation to Robert Harris in recognition of Harris' volunteerism and outstanding citizenship. Parks and Recreation Director Julia Thomson also presented a plaque to Mr. Harris to recognize his years of service on the Parks and Recreation Advisory Board and on the Tree Board. COMMUNICATIONS/REPORTS Council Member Wayne Bowen stated that he and Mayor Harry Rediger attended the Martin Luther King, Jr. Memorial Breakfast, and the Celebration Dinner. He commented on the accomplishments of Dr. King. Council Member Wayne Bowen thanked the City Public Works Department for removing graffiti from the floodwall. City Manager Scott Meyer stated that during the Study Session, Ron North, Vice President of the local NAACP chapter, invited the public to the annual banquet on Saturday, February 25 at Ray's Banquet Center. Mayor Pro Tempore Victor Gunn recognized the Boy Scouts in the audience. Assistant Scout Master Brian McMillian of Troop 5 introduced the members preset from that Troop. Scout Brent Baker from Troop 2 was also present. DRAFT Regular January 9, 2017 JJ-486 APPEARANCES Dan Presson of 27 River Crest appeared on behalf of the Red Star Revival Organization in opposition to Bill No. 17-09 regarding keeping chickens in the City limits. He stated that allowing chickens would create additional nuisance problems and would be unsightly additions to neighborhoods already struggling to improve. He also said they would lower property values. CONSENT AGENDA Approval of the January 9, 2017, City Council regular session and closed minutes. BILL NO. 17-01, an Ordinance amending Chapter 2 and Chapter 15 of the City Code by repealing the Board of Examiners, and enacting new Sections 15-426 and 15-427 regarding processing of applications. Second and Third Readings. BILL NO. 17-05, an Ordinance vacating a portion of unimproved Sunset Boulevard right-of-way running North from Merriwether Street right-of-way, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 17-07, an Ordinance approving the record plat of LILMAC East Subdivision. Second and Third Readings. BILL NO. 17-14, a Resolution authorizing the City Manager to execute a Release of Lien for property located at 1324 Monticello Lane, under the Neighborhood Stabilization Grant Program, in the City of Cape Girardeau, Missouri. Reading and Passage. Acceptance of public improvements to serve the Drury Hotel and Conference Center. BILL No. 17-01 will be Ordinance 4930; BILL No. 17-05 will be Ordinance 4931; BILL No. 17- 07 will be Ordinance 4932; and BILL No. 17-14 will be Resolution 3056. A Motion was made by Bob Fox, Seconded by Joseph Uzoaru to approve and adopt. Motion passed. 6-0. Ayes: Bowen, Fox, Guard, Gunn, Moore,Uzoaru. Absent: Rediger. NEW ORDINANCES Bill No 17-09, an Ordinance amending Chapter 6 of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to Chickens in the City Limits and Other Animal Regulations. First Reading. Council Member Robbie Guard stated that in Ward 4, he only had 1 out of 8 residents who contacted him about this Ordinance that were opposed to allowing chickens. Council Member Bob Fox stated the he had received 18 different contacts, and about 80% support it. Council Member Joe Uzoaru stated that he and his staff contacted over 200 people, and he has changed his opinion on this issue. For every 8 he contacted, 5 wanted the Ordinance changed. Of those opposed, 1 in 3 of them wanted to see it restricted. He understands the concerns that those who are opposed have. He feels that the people who will cause the problems are the people that DRAFT Regular January 9, 2017 JJ-487 are already causing nuisance problems. He does not want to see problems in the Red Star District, and he will be willing to change the Ordinance if it does not work. He supports having an Ordinance allowing chickens in their yards. Council Member Wayne Bowen stated that he is skeptical if this is the right step to take. He is concerned with disease, avian flu, and with opening residential property to any livestock. He feels this will be a precedent to allow other livestock. In his Ward, his contacts have been 3 to 1 opposed. Council Member Shelly Moore stated that she supports allowing chickens on residential properties in the city. It is important to reach out to our young people to teach them about raising chickens and getting their own eggs. Mayor Pro Tempore Victor Gunn stated that in his ward those that contacted him are running 80- 20% in support of the Ordinance. A Motion was made by Robbie Guard, Seconded by Bob Fox to approve. Motion passed. 5-1. Ayes: Fox, Guard, Gunn, Moore,Uzoaru. Nays: Bowen. Absent: Rediger. After the vote Jane O'Connell from the Red Star area spoke in opposition to the Ordinance. Council Member Joe Uzoaru stated that Brian said he contacted all the people in the Red Star area and a majority of those in that area were opposed to the ordinance. BILL NO. 17-10, an Ordinance approving the record plat of Humphrey 2nd Subdivision. First Reading. A Motion was made by Bob Fox, Seconded by Robbie Guard to approve. Motion passed. 6-0. Ayes: Bowen, Fox, Guard, Gunn, Moore,Uzoaru. Absent: Rediger. BILL NO. 17-11, an Ordinance approving the record plat of Rock Gardens Subdivision. First Reading. A Motion was made by Bob Fox, Seconded by Wayne Bowen to approve. Motion passed. 6-0. Ayes: Bowen, Fox, Guard, Gunn,Moore,Uzoaru. Absent: Rediger. BILL NO. 17-12, an Ordinance authorizing the Mayor to execute a Special Warranty Deed to Drury Development Corporation, for property located in the Greater Cape Girardeau Business Park, in the City of Cape Girardeau, Missouri. First Reading. Council Member Wayne Bowen spoke in favor of the Ordinance. He stated that it is great for the business park and that this will provide needed money to construct additional infrastructure to serve the area. A Motion was made by Wayne Bowen, Seconded by Robbie Guard to approve. Motion passed. 6-0. Ayes: Bowen, Fox, Guard, Gunn, Moore,Uzoaru. Absent: Rediger. DRAFT Regular January 9, 2017 JJ-488 BILL NO. 17-13, an Ordinance amending Schedule C of Section 26-121 of the Code of Ordinances of the City of Cape Girardeau, Missouri,by establishing stop signs at various locations along Williamsburg Drive, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Robbie Guard, Seconded by Shelly Moore to approve. Motion passed. 6-0. Ayes: Bowen, Fox, Guard, Gunn, Moore,Uzoaru. Absent: Rediger. MEETING ADJOURNMENT There being no further business, the meeting ended at 7:30 p.m. A Motion was made by Robbie Guard, Seconded by Bob Fox to adjourn. Motion passed. 6-0. Ayes: Bowen, Fox, Guard, Gunn, Moore,Uzoaru. Absent: Rediger.. Victor R. Gunn, Mayor Pro Tempore 4W ^ "$" " Bruce Taylor, Deputy City Clerk � tl --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: Molly Hood, Deputy City AGENDA REPORT Agenda: Manager Cape Girardeau City Council 2/6/2017 M SUBJECT An Ordinance Amending Chapter 6 of the Code of Ordinances of the City of Cape Girardeau, Missouri, Relating to Chickens in the City Limits and Other Animal Regulations. EXECUTIVE SUMMARY This proposed Ordinance would enact regulations to allow the keeping of chickens in the city limits, and reorganize other provisions of Chapter 6 based on that amendment. BACKGROUND/DISCUS SION In 2010, the City Council considered an ordinance that would have allowed chickens in the City of Cape Girardeau. That proposed ordinance was patterned after the ordinance in effect in Columbia, Missouri. After hearing arguments from both proponents and opponents, on November 15, 2010, the City Council voted 4-3 to retain the City's ban on keeping chickens in the city limits. On December 5, 2016, a group of citizens again requested the City Council make a change to allow the keeping of chickens and presented the Council with a number of signatures from people is support of such a change. In response to their request, the City Council directed Staff to prepare this matter for discussion at a future Council Meeting. Accordingly, a proposed ordinance was drafted for discussion purposes and was discussed at the December 19th City Council Work Study session and again on January 9th. On January 9, 2017, the City Council requested staff bring an ordinance forward for Council action. The Council directed staff to model the Ordinance after the Columbia, MO ordinance. As proposed, the Ordinance would permit anyone in the city to keep up to six hens. Hens may not be raised for commercial purposes or for slaughter. Hens must be kept in an enclosure or fenced area at all times and must be secured within a henhouse, coop, or chicken tractor during non-daylight hours. All enclosures must be kept in a clean, dry, and sanitary condition and shall be located in the rear yard at least ten (10)feet from the property line and at least twenty-five (25) feet from any adjacent residential dwelling, church, school, or place of business. Any violation of the proposed ordinance which constitutes a health hazard or interferes with the use or enjoyment of a neighboring property shall be deemed a nuisance and addressed through the City's nuisance abatement procedures. Staff from Development Services and the Police Department reviewed the proposed ordinance. Planning staff made several recommendations for clarification and consistency. In addition, in a memo dated December 21, 2016, Police Chief Wes Blair states the Police "perceive no negative impact to operations or enforcement efforts should this ordinance be implemented." Staff believes the ordinance, as drafted, has the necessary regulations and protections to make it simple for would-be chicken owners to find out what they need to do to comply with the law and to avert possible nuisances. STAFF RECOMMENDATION ................................................................................................................................................................................................................................. If the Council desires to allow chickens within the City of Cape Girardeau, staff recommends the Council approve the attached ordinance. ATTACHMENTS: IN a rn e: Descirilpfiam E1.ordinance-Chickens 2017.doc Ordinance [::],CHICKEN TRACTOR 201612131110.pdf Def inifion Chicken TiracItoir ❑ 16-134 Police Impact of Proposed Chicken Ordinance.pdf Flolice Corn•nrn•nents EI.Memo DSD Chicken Ordinance._pdf F111aininling Coirn•nirn•nents 11412.017 BILL NO. 17-09 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, RELATING TO CHICKENS AND OTHER ANIMAL REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . Section 6-1 of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows : Sec. 6-1 . - Definitions . The following words, terms and phrases, when used in this chapter, shall have the meanings that are ascribed to them in this section: Adequate care means normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and health care as necessary to maintain good health in a specific species of animal . Adequate control means to reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal or property. Adequate shelter means a structurally sound, properly ventilated, sanitary and weatherproof shelter suitable for the species, which provides access to shade from direct sunlight and will keep the animal from exposure to inclement weather conditions . Animal means every living vertebrate except a human being. At large means off the premises of the owner, and not under the restraint of the owner or keeper of the animal . Harbor means to feed or shelter an animal at the same location for or more than three (3) consecutive days . Heat means the time in which a female animal is in season and is capable of breeding. 1 Neutered means surgery altering a male animal so that it may not breed or reproduce . Owner means, in addition to its ordinary meaning, any person who keeps or harbors an animal for more than three (3) consecutive days . Spayed means surgery altering a female animal so that it may not breed or reproduce . is hereby repealed in its entirety, and a new Section 6-1 is hereby enacted in lieu thereof, in words and figures, to read as follows : Sec. 6-1 . - Definitions . The following words, terms and phrases, when used in this chapter, shall have the meanings that are ascribed to them in this section: Adequate care means normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and health care as necessary to maintain good health in a specific species of animal . Adequate control means to reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal or property. Adequate shelter means a structurally sound, properly ventilated, sanitary and weatherproof shelter suitable for the species, which provides access to shade from direct sunlight and will keep the animal from exposure to inclement weather conditions . Animal means every living vertebrate except a human being. At large means off the premises of the owner, and not under the restraint of the owner or keeper of the animal . Harbor means to feed or shelter an animal at the same location for or more than three (3) consecutive days . Heat means the time in which a female animal is in season and is capable of breeding. Livestock means cattle, horses, mules, goats, sheep, hogs, swine, ducks, geese, turkeys, lamas, emu ostriches, camels or 2 any other domestic beast or fowl, but shall not include chickens . Neutered means surgery altering a male animal so that it may not breed or reproduce . Owner means, in addition to its ordinary meaning, any person who keeps or harbors an animal for more than three (3) consecutive days . Spayed means surgery altering a female animal so that it may not breed or reproduce . ARTICLE 2 . Section 6-4 of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows : Sec. 6-4 . - Living areas of animals and fowl to be kept clean. The owner and keeper of any animal or domestic fowl shall keep all stables, sheds, yards and areas where such animal or fowl are kept in a clean and wholesome condition, and free from offensive odors . is hereby repealed in its entirety, and a new Section 6-4 is hereby enacted in lieu thereof, in words and figures, to read as follows : Sec. 6-4 . - Animal habitats to be kept clean; inspections authorized. All structures, pens, coops or yards wherein animals or fowl are kept or permitted to be, shall be maintained in a clean and sanitary condition at all times, devoid of all rodents and vermin, and free from offensive, disagreeable or noxious smell or odor to the injury, annoyance or inconvenience of any inhabitant of the neighborhood. The interior walls of all such structures shall be whitewashed or painted annually or oftener as the health officer shall direct . The enclosed area of all such structures shall be constructed in such a way as to be dry at all times on the inside . The health officer may at any time inspect, or cause to be inspected, any structure or premises and issue any such order as may be necessary to carry out the provisions of this section. ARTICLE 3 . Sections 6-37, 6-38 and 6-39 of the Code of 3 Ordinances of the City of Cape Girardeau, Missouri, reading as follows : Sec. 6-37 . Certain animals prohibited. (a) No person shall raise or keep within the city limits any cattle, horses, sheep, goats or swine . The raising or keeping of such animals is hereby declared a public nuisance . (b) No person shall raise or keep within the city limits any chickens, ducks, geese, turkeys, guineas, or peafowl . The raising or keeping of such animals is hereby declared to be a public nuisance . (c) Notwithstanding the foregoing, the above specified animals may be raised or kept within agricultural districts, biological laboratories, hospitals, slaughterhouses, stock-yards, zoological gardens, pet shops, city parks, itinerant or temporary shows, or farms or horse stables existing prior to the effective date of this section. (d) The above specified limitations on the raising and keeping of cattle and horses shall not apply to any residential location with a minimum of five (5) acres of property so long as there is a minimum of one (1) acre of grazing area per animal . Sec. 6-38 . Location of animal pen in relation to other properties . No person shall place an animal pen, house, or kennel within twenty (20) feet of another property owner' s dwelling, church, school or place of business . Sec. 6-39 . Defecation on public or private property prohibited. It shall be unlawful for any person owning or in control of any animal to permit or allow such 4 animal to defecate upon any public property or private property of another unless such person shall remove immediately all feces so deposited by such animal . is hereby repealed in its entirety, and new Sections 6-11 and 6- 12, and 6-13 are hereby enacted in lieu thereof, in words and figures, to read as follows : Sec. 6-11 . Certain animals prohibited. (a) No person shall raise or keep within the city limits any livestock. The raising or keeping of such animals is hereby declared a public nuisance . (b) No person shall raise or keep within the city limits any ducks, geese, turkeys, guineas, or peafowl . The raising or keeping of such animals is hereby declared to be a public nuisance . (c) Notwithstanding the foregoing, the above specified animals may be raised or kept within agricultural districts, biological laboratories, hospitals, slaughterhouses, stock-yards, zoological gardens, pet shops, city parks, itinerant or temporary shows, or farms or horse stables existing prior July 18, 2005 . (d) Notwithstanding the foregoing, the raising and keeping of livestock is allowed as permitted in Chapter 30 of the City Code . Sec. 6-12 . Location of animal pen in relation to other properties . Except as otherwise authorized in this Chapter, no person shall place an animal pen, house, chicken tractor, or kennel within twenty-five (25) feet of another property owner' s dwelling, church, school or place of business . Sec. 6-13 . Defecation on public or private property prohibited. 5 It shall be unlawful for any person owning or in control of any animal to permit or allow such animal to defecate upon any public property or private property of another unless such person shall remove immediately all feces so deposited by such animal . Article 4 . Section 6-33 of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows : Sec. 6-33 . Maintenance of nuisance prohibited. It shall be unlawful for any person to create or maintain a nuisance as described in this Chapter. is hereby repealed in its entirety, and a new Section 6-14 is hereby enacted in lieu thereof, in words and figures, to read as follows : Sec. 6-14 . Maintenance of nuisance prohibited. It shall be unlawful for any person to create or maintain a nuisance as described in this Chapter. Article 5 . There is hereby enacted a new Section 6-37 of the Code of Ordinances of the City of Cape Girardeau entitled "Chickens", in words and figures to read as follows : Sec. 6-37 . Chickens . (a) Living areas to be clean, inspections authorized. All chicken houses, chicken tractors, and chicken pens wherein chickens are kept or permitted to be, shall be maintained in a clean and sanitary condition at all times, devoid of all rodents and vermin, and free from offensive, disagreeable or noxious smell or odor to the injury, annoyance or inconvenience of any inhabitant of the neighborhood. The health officer may at any time inspect, or cause to be inspected, any structure or premises and issue any such order as may be necessary to carry out the provisions of this section. (b) Number and type of chickens allowed. 6 (1) The maximum number of chickens allowed is six ( 6) per tract of land regardless of how many dwelling units are on the tract . (2) Only female chickens are allowed. There is no restriction on chicken species . (c) Non-commercial use only; restrictions on slaughter. It shall be unlawful to engage in chicken breeding or fertilizer production for commercial purposes . It is also unlawful for anyone to raise chickens for slaughter. Any chicken slaughtering shall only be conducted indoors, and shall solely be for the purpose of the owner or keeper consuming them as food. (d) Enclosures . (1) Chickens shall be kept in an enclosure or fenced area at all times . Chickens shall be secured within a henhouse or chicken tractor during non-daylight hours . (2) Enclosures shall be kept in a clean, dry, odor-free, neat and sanitary condition at all times . (3) Henhouses, chicken tractors and chicken pens shall provide adequate ventilation and adequate sun and shade and shall be impermeable to rodents, wild birds and predators, including dogs and cats . (e) Henhouses, chicken tractors, and chicken pens . (1) Henhouses, chicken tractors, and chicken pens shall be designed to provide safe and healthy living conditions for the chickens while minimizing adverse impacts to other residents in the neighborhood. a. Henhouses, chicken tractors, and chicken pens shall be enclosed on all sides and shall have a roof and doors . Access doors shall be able to be shut and locked at night . Opening windows 7 and vents shall be covered with predator and bird proof wire of less than one (1) inch openings . b. The materials used in making a henhouses, chicken tractors, and chicken pens shall be uniform for each element of the structure such that the walls are made of the same material, the roof has the same shingles or other covering, and any windows or openings are constructed using the same materials . The use of scrap, waste board, sheet metal, or similar materials is prohibited. Henhouses, chicken tractors, and chicken pens shall be well maintained. (2) Henhouses, chicken tractors and chicken pens shall only be located in the rear yard, and shall be at least ten (10) feet from any property line and at least twenty-five (25) feet from any principal structure on an adjacent property. (f) Any enclosed chicken pen shall consist of sturdy wire or wooden fencing. The pen shall be covered with wire, aviary netting, or solid roofing. (g) Odor and noise impacts . (1) Odors from chickens, chicken manure or other chicken related substances shall not be perceptible at the property boundaries . (2) Perceptible noise from chickens shall not be loud enough at the property boundaries to disturb persons of reasonable sensitivity. (h) Predators, rodents, insects and parasites . The chicken owner shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites . Chickens found to be infested with insects and parasites that may result in 8 unhealthy conditions to human habitation may be removed by an animal control officer. (i) Feed and water. Chickens shall be provided with access to feed and clean water at all times . The feed and water shall be inaccessible to rodents, wild birds and predators . (j ) Waste storage and removal . The chicken owner shall provide for the storage and removal of chicken manure . All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure . No more than three (3) cubic feet of manure shall be stored. All other manure not used for composting or fertilizing shall be removed. The henhouse, chicken tractor, chicken pen and surrounding area shall be kept free from trash and accumulated droppings . Uneaten feed shall be removed in a timely manner. (k) Chickens at large; dangerous animals . (1) Chickens shall be kept at all times in a proper chicken house, chicken tractor, or chicken pen. No owner or keeper of any chicken shall permit or suffer such chicken to run at large outside the chicken house, chicken tractor, or chicken pen, or outside of the premises of the owner or keeper, or to annoy, impair or disturb the peace, comfort, health or safety of the residents of the city. (2) No dog or cat which kills a chicken will, for that reason alone, be considered a dangerous or vicious animal . (1) Unlawful acts . (1) It shall be unlawful for any person to keep chickens in violation of any provision of this article . (2) It shall be unlawful for any owner, renter or leaseholder of property to allow chickens to 9 be kept on the property in violation of the provisions of this article . (m) Nuisances . Any violation of this article that constitutes a health hazard or that interferes with the use or enjoyment of neighboring property is a nuisance and may be abated under the general nuisance abatement provisions . (n) Continuing violations . Each day that a violation of this article continues is a separate offense . Article 6 . If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Article 7 . It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. Article 8 . This ordinance shall be in full force and effect on April 1, 2017 . PASSED AND APPROVED this day of , 2017 . Harry E . Rediger, Mayor ATTEST : Bruce Taylor, Deputy City Clerk 10 Chicken tractor - Wikipedia Pagel of 2 Chickentractor From Wikipedia, the free encyclopedia A chicken tractor (sometimes called an ark) is a -- movable chicken coop lacking a floor. Chicken l` tractors may also house other kinds of poultry. � m Most chicken tractors are a lightly built A-frame - which one person can drag about the yard. It may have wheels on one or both ends to make this easier. Us., �a A home-built chicken tractor, Chicken tractors allow free ranging along with without wheels, built to house a shelter, allowing chickens fresh forage such as small number of hens. grass, weeds and bugs (although these will quickly be stripped away if the tractor remains in the same place for too long), which widens their diet and lowers their feed needs. Unlike fixed coops, chicken tractors do not have floors so there is no need to clean them out. They echo a natural, symbiotic cycle of foraging through which the birds eat down vegetation, deposit fertilizing manure, then go on to a new area. The tern chicken tractor comes from the chickens performing many functions normally performed using a modern farm tractor: functions like digging and weeding the soil in preparation for planting trees or crops or fertilizing and weeding to enhance the growth of crops and trees already planted. With chicken tractors flock owners can raise poultry in an extensive environment wherein the birds have access to fresh air, sunlight, forage and exercise, which caged birds in commercial coops do not have. With the coop on only a small area at any given time, the field has time to wholly regrow and more buds can be fed than if they were allowed to freely roam. A chicken tractor also gives some shelter from predators and weather. Moreover, hens lay eggs in nest boxes rather than hiding them in foliage. See also ■ Chickens as pets ■ Permaculture https://en.wikipedia.org/wiki/Chicken_tractor 12/13/2016 Chicken tractor Wikipedia Page 2 of 2 References Wikimedia Commons has media related to Chicken tractors. m Lee, Andy; Pat Foreman; Patricia Foreman (2004). Chicken Tractor: The Permaculture Guide to Happy Hens and Healthy Soil. Good Earth Publications, ISBN 0-9624648-6-4. d Padgham, Jody, ed. (2006). Raising Poultfy on Pasture: Ten Years of Success. American Pastured Poultry Producers Association. ISBN 978-0-9721770-4-7. ® Pangman, Judy (2006). Chicken. Coops: 45 Building Plans for.Housing Your Flock. Storey Publishing. ISBN 1-58017-627-5. Retrieved from "https://en.wikipedia.org/w/index.php? title=Chicken tractor&oldid=742418579" Categories: Poultry farming ' Buildings and structures used to confine animals Chicken I Portable buildings and shelters ® This page was last modified on 3 October 2016, at 16:02. m Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia®is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization. https:Hen.wikipedia.org/wiki/Chicken—tractor 12/13/2016 CITY Of CAPE GIRARDEAU POLICE DEPARTMENT Memo No. 16-134 i MEMORANDUM To: Scott Meyer, City Manager Molly Hood, Deputy City Manager Alex McElroy, Director of Development Services From: Wes Blair, Chief of Police Date: December 21, 2016 Subject: Impact of Proposed Chicken Ordinance to Police Operations i At the request of council, the police department has reviewed the proposed ordinance regarding the allowance of a limited number of chickens to be housed by residents within the city limits. We perceive no negative impact to operations or enforcement efforts should this ordinance be implemented. It is our understanding that this ordinance closely mirrors a similar ordinance in the city of Columbia, MO and that they have experienced no adverse impacts as a result of allowing chickens within the city limits. The provisions of this ordinance will be enforced just as other city ordinances are enforced. Should the department receive a complaint regarding chickens being housed in violation of an ordinance, or should we happen to discover a violation during the normal course of our duties, we will investigate and take appropriate enforcement actions. 40 South Sprigg Street Cape Girardeau,MO 63703 573-335-6621 Tel 573-339-6362 Fax cityofcape.arg/police facebook.comlcapepolice CITY CAPS GIIRARC)EAU DEVELOPMENT SERVICES MEMORANDUM TO: Alex McElroy, Director of Development Services FROM: Ryan Shrimplin, City Planner DATE: January 3, 2017 SUBJECT: Draft Chicken Ordinance Upon review of the draft chicken ordinance, the Planning Services Division submits the following comments- 1. omments:1. Proposed Section 6-37 includes a definition of "livestock" encompassing the animals in proposed Section 6-10(a) and (b) but is broader in that it also mentions mules, lamas, emu, ostriches, and camels. Staff recommends moving the definition to the front of proposed Section 6-10 and including a comprehensive list of animals, followed by a subsection to read: "No person shall raise or keep within the city limits any livestock. The raising or keeping of such animals is hereby declared a public nuisance." 2. Proposed Section 6-10(d) is inconsistent with Chapter 30 in that it appears to permit cattle and horses on any residential property as long as it is at least five (5) acres and there is one (1) acre of grazing area per animal. Chapter 30 permits cattle and horses in AG and AG-1 zoning districts with no such restrictions. Chapter 30 also permits, in the RE zoning district, "hobby farms; with cattle and horse(s) or other farm related animals, allowed on a five (5) acre lot, with one (1) allowed animal per every acre of grazing." This provision includes the phrase "or other farm related animals" whereas proposed Section 6- 10(d) does not. Also, none of these animals are permitted in the other residential zoning districts (R-1, R-2, R-3, R-4, R-5, RUMD, and RMH). Staff recommends revising the language to allow the raising and keeping of livestock as permitted in Chapter 30. 3. Staff recommends revising proposed Section 6-11 to match the twenty-five (25) foot setback in proposed Section 6-37(f)(3). 4. Staff recommends revising the terms in proposed Section 6-37(b) to be consistent with terms used elsewhere in the section (henhouses, chicken tractors and chicken pens). GI84AD\GS\ ,,g ;9,1; 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org CITY CAPS GIIRARC)EAU DEVELOPMENT SERVICES 5. Staff recommends replacing proposed Section 6-37(f)(2) and (3) with a single provision, to read: "Henhouses, chicken tractors and chicken pens shall only be located in the rear yard and shall be at least ten (10) feet from any property line and at least twenty-five (25) feet from any principal structure on an adjacent property." 6. Staff recommends revising proposed Section 6-37 to only allow chickens as part of an agricultural use or as an accessory use to an occupied single-family detached or two-family residential dwelling (and subject to the exemptions in proposed Section 6-10(c)). Allowing chickens for townhouse or multi-family residential dwellings could be problematic due to the setback requirements in proposed Section 6-37(f)(3). Since the request is to allow chickens for residential use, it does not make sense to allow them for commercial or manufacturing/industrial uses. The City may wish to consider also allowing chickens for schools and other educational uses. 7. Staff recommends revising proposed Section 6-37(f) to state that henhouses and chicken tractors are exempt from the provisions of Section 30-403(b). Since this subsection contains requirements for maximum height, the draft ordinance should include a height restriction for henhouses and chicken tractors (even if it's the same as Section 30-403(b)). 8. Staff recommends changing "unavailable" to "inaccessible" in Section 6-370). 9. Staff recommends adding a prohibition on slaughtering chickens outdoors or, at the very least, requiring it to be done in a sanitary manner such that it is not visible from adjacent properties or any public area or right-of-way. Also, slaughtering chickens should only be allowed for the purpose of consuming them as food. 10.Staff recommends replacing the term "must" with the term "shall" throughout the ordinance to be consistent with other ordinances. 11.Change dates to 2017. 12.If any part of the ordinance necessitates amending Chapter 30 (Zoning Code), such amendment would have to be reviewed by the Planning and Zoning Commission for a recommendation to the City Council. This would involve public hearings. GI84AD\GS\ ,,g ;9,1; 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ryan Shrimplin, AICP - City AGENDA Agenda: p/6/2017 lanner - Girardeau REPORTCouncil SUBJECT An Ordinance approving the record plat of Humphrey 2nd Subdivision. EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The attached ordinance approves the record plat of Humphrey 2nd Subdivision. BACKGROUND/DISCUS SION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- A record plat has been submitted for Humphrey 2nd 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 resubdivides Lot 1 of Humphrey Subdivision into two lots. A variance is shown for a reduced rear yard setback along the south lot line of Lot 2. In addition, an exception is shown for a reduced utility easement width along this same line. Staff supports the variance and the exception because this setback and easement width were approved as part of the original plat(Silverthorne Subdivision) and are consistent with the other lots in that subdivision. STAFF RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The staff report to the Planning and Zoning Commission recommended approval of the record plat. BOARD OR COMMISSION RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The Planning and Zoning Commission, at its January 11, 2017 meeting, recommended approval of the record plat with a vote of 8 in favor, 0 in opposition, and 1 abstaining. ATTACHMENTS: Nairn•ne: Descril IpHion: ❑ Humphrey 2nd Subdivision with Variance.doc Ordinance ❑ Staff Review-Referral-Action Form. Hu.uirn•phrey 21nd SUbdiiviisiioin staff RRA If orirn•n ❑ Map Humphrey 2nd Subdivision.pdf Hu.uirn•phrey 21nd SUbdiiviisiioin Ilyllalrro ❑Application Humphrey 2nd Sub.pdf Hu.uirn•phrey 21nd SUbdiiviisiioin Alpplliicatiion ❑36514 Humphrey Survey 2016 Final (1-09-2017).pdf Huirn•phrey 21nd Sulbdlivlislion IRecoird If="Ilat BILL NO. 17-10 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF HUMPHREY 2ND SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . The record plat of Humphrey 2nd Subdivision, being a resubdivision of all of Lot 1 of Humphrey Subdivision, as set out in Document No . 2014-05861, in the City and County of Cape Girardeau, State of Missouri, submitted by the Humphrey Revocable Trust U/A/D September 9, 2015; bearing the certification of Rodney W. Amos, a Registered Land Surveyor, dated January 10, 2017, including any exceptions and variances contained therein, 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 , 2017 . Harry E . Rediger, Mayor ATTEST : Bruce Taylor, Deputy City Clerk CITY OF CAPE GLRARDEAU, MISSO IRI City Staff Review, Referral and Action m Subdivision Application FILE; Humphrey 2'a Subdivision LOCATION: Silver"chorne Trail/ Boulder Crest Drive STAFF REVIEW S COIWMENTS. A record plat has been submitted to split a parcel into two lots on Silverthorne Frail. SEE STAFF RE-PORT FOR MORE DETAILS. ^` City Planner Date r z- 4 , y v€ tibd i_ x r � < City A rney4—. Date CITY A1MNA49,e 'F'ERRAL TO THE PLANNING AND ZONING COMMISSION n. �w 4. f s D J City Manager Date Planning & Zoning Commission RECOMMENDED ACTION: Favor Oppose Abstain Favor Oppose Abstain Trae Bertrand ® ® Scott McClanahan a. Larry Dowdy n ® D Bruce Skinner El U Jeff Glenn ® ®_ Doug Spooler E(/ Devin Greaser Ej ® Torn Welch La Patrick Koetting LY L3 U VOTE COUNTe Favor Oppose Abstain COMMENTS.- CITIZENS OMMENTS.CITIZENS COMMENTING AT MEETING: p,-.. Planning & ZAidig Commission Secretary City Council Action Ordinance Ise Reading j � Ordinance 2"d& 3Yd Reading: ORDINANCE # Effective lutea Humphrey 2nd Subdivision A 2097 r>/ r / 2087, 2087: 2087�� A.uuinlpl nun�(i I y � r " 1202 77031 2037 2037 J 0e G't r, wa �1 „ J!r ��/ 1 / � 2077 �, 2037�� 2037 2067 12067,,, 3720 Y UulUMly �„ � �j�2067 2061 r r , l I >l ( a r' If:r✓� �' r/� 1 / I l for/i/i/ ��''I� ✓�%� ,; � p s / � n W E r 1 inch = 127 fee City of Cape GLegendirardeau ,,��(��� , � I , � ` Division of PlanningServices / / '���, ���' + �,� ��g Humphrey 2nd Subdivision y� l GIS Data l!/r /rrSource Esn Di IfalGlobe Geo Parcels December 12, 2016 Gefma ASUBDIVISION PLAT APPLICATION CITY of CAPE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT,401 INDEPENDENCE ST,CAPE GIRARDEAU,MO 63703 573 339-6327 .ate; ( ) Name of Subdivision Type of Plat: Preliminary,Record,or Boundary Adjustment Humphrey 2nd Subdivision Record Applicant J. Stewart Humphrey Property Owner of Record (if other than Applicant) Humphrey Trust Mailing Address City,State,Zip Mailing Address City,State,Zip 1938 Silverthorn Trail Cape Girardeau, MO 63701 1938 Silverthorn Trail Cape Girardeau, MO 63701 Telephone Email Telephone Email 919-491-1970 919-491-1970 Contact Person (If Applicant is a Business or Organization) (Attach additional owners information,if necessary) Professional Engineer/Surveyor(if other than Applicant) Developer(if other than Applicant) Koehler Engineering and Land Surveying, Inc Same as Applicant Mailing Address City,State,Zip Mailing Address City,State,Zip 194 Coker Lane Cape Girardeau, MO 63701 Telephone Email Telephone Email 573-335-0326 ckoehler@koehlerengineerin ADDITIONAL ITE $ In addition to this completed application form,the following items must be submitted: REQUIRE Review Fee(payable to City of Cape Girardeau) Single-Family or Two-Family Residential: $20.00 per lot($100.00 minimum) Multi-Family Residential: $20.00 per dwelling unit($100.00 minimum) See Instructions for more Non-Residential : $20.00 per acre($100.00 minimum) information. X Recording Fee Deposit(payable to City of Cape Girardeau) Sheet Size Record Plat Boundary Adjustment Plat 18"x 24" $44.00 $24.00 24"x 36" $69.00 $29.00 (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) X Two(2)full size prints of the plat e—Digital file of the plat in.pdf format(can be emailed) CERTIFICATION I hereby certify that I am the sole Property Owner of Record or an agent duly authorized by the Property Owner(s)of Record to file this application on their behalf. I acknowledge that plats for subdivisions involving public improvements will be held from City Council review until the improvements are completed and ready for acceptance by the City, or an escrow agreement for the improvements is executed. I further acknowledge that plats for subdivisions involving common land and/or elements require the submission of covenants and a deed ensuring the perpetual maintenance and supervision of the common land and/or elements by trustees prior to rec,,9 rding-cf-tie record plat. � pp r Ap t Signature and Printed Name Date OFFICE USE ONLY Date Received&By j MUNIS Application No. �� ` Planning&Zoning Commission Recommendation Date City Council Final Action Date Revised 08/11/2016 N SUBDIVISION DEDICATION "F" 4 REC ORD PLAT OF N.eld'"Ll,M,,nNn 8A.ed HnrepN,�enA e.ASN"'.IIe, W o o L HUMPHREY 2nd SUBDIVISION ��ti�reo�oen"eler, N,AIo p,em�.�rzoslee,op�o �Ne.�,Posas,11 1H, LOT SIZES nnHmm.Isna re.sms of cape alrem.en conny,m aryana c.unry.Tcape ao-emeau,sale.i MLnoun aescnbed ee i.lwm In .11FITI.N 111. ,oa RE3T STIFF ILINE A RESUBDR'ISION OF ALL OF LOT 1 OF HUMPHREY SUBDIVISION,AS -aRCEsr Lorsr.1z<ssos se Ac Es/ T v T SET OUT IN DOCUMENT NO.2014-05861.A SUBDIVISION IN THE CITY ZONING AND COUNTY OF CAPE GIRARDEAU_,MISSOURI re-I(slnlcLEFAnlltv...."AN RE.DIST., ce�eloegne ox�ra re+n�e onrve.02 e ranine r,PiiL 11111,19 111 o1 A; raelo I damecs p�s 5-a reek BUILDING SETBACKS ine pa l.s,mpesanm Nonn wqm of vsiaT l�a era erns Tine Ne�lu�a oers1a cp�e��r O =E DNDY,,'IRON ROD FOR R-120NING F SHOO, Nd -SET EE IRON FALL =SUeDHA510N eOL NDPRV LWE / —— SIDE SETBACKS:6FEET dd _ =AD.IOINER PROPERTY LINE — R AREA AND BULK 1 2,FET Ie�aen�ceelmns dinee,,o m e oTNj ANE m Ina n mfn'i�pee.d,L,rz20.GL r At e =CENTERLINE T 1 / POINT OF BEGINNING ee'(NelcnoN of satl arc bears Nonn 19`4632.9Eas1a 2828 fi,AE I ea point on I,e NE cDRNEE LDT SR FOR R-1 ZONING vu sK a Pa 5-T i /' N88'33'SPE SILVERTHORNE SR3D- - RSHT OF IAYLNE / /N8071Y4'E 78.75' EASEMENT L NEs Egon 44.49' sueoRa�ORrvE nun PHREv �PRYE/ _ _ _ — VARIANCE KOTE I:I ___ ————————— Avnrenrrc=ssnolvv TO,A reEaLE SREF a a OF LOT2 — — DUILDWa eETe.Wv9 �edS, --- ��I r EASE�2Em ouc TnE soursmn OT LIVE W=. .red mlde n'I&CNIHre n.nsnre.11 " E ♦� vA EXCEPTION NOTE V E r.reµsmmen4 end eepensan oT sum uT N ICEO NOTE'.112"RODS SET AT ALL LOT CORNERS, GR E 147' _ y uNLEss orHERwISE INDICATED �a QER two �1O ' �IEO ED LCENENT TnID o 0 2 ours rnAm11 nlc rhes NDzmA-Dsee ^ EASEMENT NOTE nrsl ulno nisl ulal2 In LOT 2IEnAPHRFY SUapD AREASSSCSBN IT 57��1fi ^lr i IN OC DOE 201405561 P.Ar saplemoere,rzGls seplemcare,2016 1.1.No.rzmAnsae IN nu RECORD OWNER R=20.00' L 7.42'/ ---�, 'f�V Nf Q eLnT�rc-2l.as ae III ITEWT nuu HREE1oFD A nuiIPHPEV RIA STATE F nllss\nE GI REro - .2015 CODNTV OF IRARDEPu TH CH_NI9'46'32'E,28.28' / i2 NI ooc,uD.2mA-Dsasl I X' R.111 r 1ESP11B E Teus Docunl-nT No.sGislz.ss v14_C LOT1 m uAG S cAs.�Tel,lsTu/a DSEPTEnIeEes Pnofi.mr samcounlN end slate. GI LOT 2P 1G 124,390 SF o .No.zD1s-12Iss DEVELOPER OF SUBDIVISION11 TH, — PE 1 T GN 40,026 SF N9.Sola-osesl 2,856 ACRES III S AND PLAT PREPARED FOR exeswea ue seine..me tree eelena ae.amsem T.A.Th Ala.s.nn.a io lne q q o-nm.m..„no N251728'W \ uc 0.919 ACRES II IN TNEs e� arc 4257' \ P Nro If so FAIEa sID s11 1 Y211 \ TO \1 GNa Dsa1 FES B""E' W NGMLO Ev R[ cae[TRU51 SD L T mm�nvan exp N� \ G/0 NO weS-28515 R=275.00' L=42.54' D� \@ Te a� PLAT PREPARED BY AND LAND zoE4 P[v P[ c s x'11 SURVEYING SERVICES PROVIDED BY. LH:N2939'21'W,42.50' � � Ru/pp svlElneER z,20 ooc NO rzma-osa I, 1.1IS-1 EANTOG NOuDl rzo1 os A 1 ooc Na sG1 A-Gses1 ooc No.sola-Gs / oEnLEre EASFEEreWCANDI 1.N171i InG.INCN 5-T nliC ne T EaIR�ROEu,waroE s:no1 NDIP Pn E, OF nNc F,73)35ss02e T \0 5¢8fi1`.bg �6.G 5 801 / I. CH,LIRE I e1e COP D!Cep.A1.1.1,1Pssoud,HOOAY INN, '.},. T N B2y..t ^ pslwesspploV.d lyme cmT of Cape orcem.en,hf�n4 PLAT eK_11,Pa_a6 \ T /I ON tl tl tl `rte ;.TT 5^� /��— / LOT NO PORnoN oernE PROPERTY FALLS WITHIN me v �nen� p ee en nPpre,e f/ ILI'TIF Nz wPc aIAON 109 YEAR ELooDPLNN,ns WDIDATED ON THE ELooD — T T '�T E ooc NO 2014 ose51 {/ IN RATE MAP NUMBER 29931C9254E V.'ITH 0 589773643 0^ D p N� AN EFFEOTNE DATE OF SEPTEMBER 29,2911 1e Doc`NTLSino-osa61ED Ru/A/DINPIE OBER 9A"E,20 Gib Clark LOT A N28 30'57 5 / 15-12195 s ELL V V T s PLAT BIr.21.Pc.aO 6587' ro SATE of mis4`11 As MADE EEFECTivE ocTasER Ta.TO P.EA PLA BE 6&67' 1 1OF F2'N`TN1�TAAO1 I ETATFHOO'24`11PAA�PEADI FEFE O'E'OICITI'V�E'1,1 0 oos Filed D,rePom th,d dA, A.D. oanumem Number s 1 1 Nw ooc Nowa-0o <� \ nuNDo, RE cAe1E TPus /C u/Doo C11Dece s,sols f / No zm.�1s I 1'h 111111 PLAT BELOT 21 21 P9 AG �epe�rebee.9dHOoR zVe.TDee� DNISID 10,11, H � /\� NanOo R=710 4' �, '40'82 =366NC SILVERTORNE SUBDIVISION- \ 1pi1�EM PLVEOOKED PAGE48LOT pU NO, FUNAPHREY SUBDIVISION. ry N ExlN®or®oN®A - , Professional Engineers & Land Surveyors Doc Nc2FAoss61 / PLA,NA.n.Pa Ac vE q 194 Coker Lane R=175.00' L=83.02' / � s Cape Girardeau, Missouri 63701 CH:N7344'32'W,62.68' \ n:(573)33 — oz:(573)33 GRAPHIC SCALE - PLAT Dr 21.PO 1 @ "OFT,TE SENT vz3/�9 SLORT o�n EHNO ,Tn PRT BD 21Ed A9 a b ®�< RAmEw�m R B9 ,1 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: Ryan Shrimplin, AICP - City AGENDA REPORT Agenda: Planner Cape Girardeau City Council 2/6/2017 M SUBJECT An Ordinance approving the record plat of Rock Gardens Subdivision. EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The attached ordinance approves the record plat of Rock Gardens Subdivision. An escrow agreement is in place for the public improvements. BACKGROUND/DISCUS SION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- A record plat has been submitted for Rock Gardens Subdivision, located on the south side of LaSalle Avenue, east of Baldwin Drive. The subdivision is zoned R-1 (Single-Family Suburban Residential). The plat consists of forty-five (45) single-family residential lots and dedicated right-of-way for four(4)public streets (Stone Meadow Drive, Limestone Lane, Tower Ridge, and Stone Crest). An exception is shown for the omission of the required ten (10)foot utility easement adjacent to the rear(south)lot line of Lot 36. Staff supports the exception because the easement is to be located adjacent to the side (west)lot line instead so as to be consistent with the other lots in the block. A variance is shown for a reduced rear yard setback along the south lot line of Lot 36. Staff supports the variance because the proposed setback is consistent with the other lots in the block. Staff has been holding the plat until the developer completed the public improvements or executed an escrow or bond agreement per Section 25-1308 of the City Code. The developer and the City recently executed an escrow agreement. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the record plat. BOARD OR COMMISSION RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The Planning and Zoning Commission, at its June 8, 2016 meeting, recommended approval of the record plat with a vote of 5 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Narn•ne: Descriilrrotiion: ❑ Rock Gardens Subdivision with Variance.doc Ordinance ❑ Staff Review-Referral-Action FOrrn.pdf Roclk Gardens SUbdiiviisiioin staff RRA If earirn•n ❑ Map Rock Gardens Subdivision.pdf Roclk Gardens SUbdiiviisiioin I ❑Application - Rock Gardens Subdivision.pdf Roclk Gardens SUbdiiviisiioin Alpplliicatiion ❑35798-Record Plat 01-05-2017.pdf Roclk Gardens SUbdiiviisiioin Record If="Ilat BILL NO. 17-11 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF ROCK GARDENS SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . The record plat of Rock Gardens Subdivision, a subdivision being all of Lot 8 of LILMAC East Subdivision, as shown by plat thereof recorded in Document No . in the Land Records of Cape Girardeau County, Missouri, and part of United States Private Survey No . 790 and part of Fractional Section 3 and part of Fractional Section 10, all in Township 31 North, Range 13 East, of the Fifth Principal Meridian, in the City and County of Cape Girardeau, State of Missouri, submitted by Norwald, Inc. ; bearing the certification of Rodney W. Amos, a Registered Land Surveyor, dated January 10, 2017, including any exceptions and variances contained therein, 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 , 2017 . Harry E . Rediger, Mayor ATTEST : Bruce Taylor, Deputy City Clerk CITY OF CAPE GIR,4RDEA ZIy MISSOURI City Staff Review, Referral and Action- Subdivision Application FILE: Dock Gardens Subdivision LOCATION: LaSalle Avenue STAFFRET17EW& COMMENTS. A record plat has been submitted to create a new forty-Five(45)lot subdivision along LaSalle Avenue. SEE STAFF REPORT FOR MORE DETAILS. t-s City Planner ' Date ?F a City Altgtrney Date CITY MANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION. r` Ctttanager Date Planning chi Zoning Commission RECOMMENDED ACTIN Favor_ Oppose Abstain Favor Oppose Abstain Trae Bertrand as ® ® Patrick Koetting Larry Dowdy Lj" ❑ Ll Scott McClanahan Elf Ll 0 Jeff Glenn ® ® Doug Spooler ® .,.,; Bill Hinckley Ur ® L) Torn Welch U, Ej El Randy Kluge VOTE COUNT: �s� Favor � � � Oppose �� ��� Abstain COMMENTS: CITIZENS COMMENTING AT MEETING: Trae Bertrand Planning& Zoning Commission ChairmaB City Council Action Ordinance I"Reading Ordinance 2nd& 3rd Reading.- ORDINANCE eading.O INANCE 9 Effective Date. Rock Gardens Subdivision WE W ,iii/� ,,i R r /ir„ /Ali�, //i /%icor ;�� // / orate. //Di sa P• Ile Ve 511 AW /�/ir,% r ;i�/�/�' ",,;iii, „/� rn,o//f : ...W, ,!ail r,"i;���,//����%✓�-,�� �/�///o/rr,///i//,//�///r/, ,,,/. Oil, W E ilii� v/�// �,r ���/%�����/�✓/i�o%����/ r//�l//i �� a, CITYOf CAPE ,.I G 1 F2 A R D E A U Created by: Development Services Carol Peters /"°°°' f /// Legend r / l/a a /rr May 2, 2016 /v % Rock Gardens Subdivision ii 0 155 310 620 Feet Source: Esri, DigitaIGlobe Geo Parcels j DS; USDA, USGS AEX,'Getma the GIS User Community /' �/ SUBDIVISION PIAT 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) Rock Gardens Subdivision Record Plat Applicant Property Owner of Record(if other than Applicant) Norwald, Inc. Mailing Address City,State,Zip Mailing Address City,State,Zip 966 County Road 616 Jackson/MO/63755 il Telephone Email Telephone Ema (573) 225-9 901 Contact Person(If Applicant is a Business or Organization) (Attach additional owners information if necessary) Ryland "Dutch" Meyr Professional Engineer/Surveyor Developer Koehler Engineering & Land Surveying, Inc. Norwald, Inc. Mailing Address !� City,State,Zip Mailing Address City,State,Zip 194 Coker Lane Cape Girardeau,MO 63701 966 County Road 616 Jackson/MO/63755 Telephone Email Telephone Email (573) 335-3026 tgramling@koehlerengineering.com (573)225-9901 ADDITIONAL ITEMS In addition 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) 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. o ApplicanZ'Signature 1 Date OFFICE USE ONLY Date Received By File Number Planning&Zoning Commission Recommendation Date City Council Final Action Date Revised 6/18/2012 CUCE'ABLE RECORD PLAT OF SUBDIVISION DEDICATION N ROCK GARDENS SUBDIVISION 4 O ALL OF LOT S OF LITMAC EAST SUBDIVISION.AS SHORT\BY PLAT THEREOF RECORDED TA DOCUMENT NO. W E EN THE LAND RECORDS OF CAPE GDARDEAU COUVTY.MISSONI.AIV)PART OF UNTIED STALES PRIVATE SURVEY No-90 oTaxao.:roTToxs a.saussoux uoxs xnnauRTv 0 AIV)PART OF FRACTIONAL SECTIO\3 AIV)PART OF FRACTIONAL SECTION 10.ALL IN TORTNSH@ 31 NORTH.RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN,IN THE CITY AND COUNTY OF GAPE GDARDEAU,SCALE OF MISSOURI_ I'll NEEll�l All 5 cooreown.f svnfu LASALLE A4ENJE _- - RE,ygRlE S mT m TmTr uesao Tm.es un°o srs _- s9 J r s 4 a I O B 6 _ §e l aS 11 giabI d P e CI xv I EA s vwo-.s oowxonx� n 1-1 /IIEE 111. —12111 �5 reC P23 PCR B�I q 121 F1' AT rv,rzz rz '� �` r°,re��°rem°nre , �OTorz _.m,° s P<RIf 11 PrzR IBEIT �a ,e IlEl ��; / s oe� 6� X7 Fl Fl R/ �� z111 Fl uNRITre,I V ��_ a o ° w e '_' o j � y g % Q b° °v;Eveo NOTES -�rz 110 Prna J- rerzrz € Q ua o rzr Nrees 11 ,..,°. II nPEI mm_ i on rees �J-g ------ro°- � r ST,, nc _ so ___ - _- a 0 soy ma nwxw.w wxsa a xon s � __-- raxo nwsx xoo ios y Fm T 0aW corm _ p Tai�9as r m a ii,Vmson 'sA mn R � s Tm.To 8 s ¢Z Ti Joo son i7A'1 4 � T ---s,m R fl.w' ioswu __ 1111 59 as f 6s6.9C _ gsss PC SEC '�B _6 __ 1 +WCs �1T1T�-°iamx cuT",.N°wuo�wn s.sTUTxT or.,e ..i.m"as•. - ,s\ - o.a uR[s ose Prn¢ urzC uR[s IV ANSI E.y ON saelaICE s rz�l • 111T Il �'/°..a LL I Protes al Engin & Land S•veyor o son ae s ar GRAPHIC SCALE sz9 soza rr Hne s as re EXC e e w Cape G'rordeou M'ssour 63J01 v z --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: Scott A. Meyer, City Manager AGENDA ' 1 ' Agenda: 2/6/2017 Cape Girardeau City Council --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SUBJECT An Ordinance authorizing the Mayor to execute a Special Warranty Deed to Drury Development Corporation, for property located in Greater Cape Girardeau Business Park—Phase 11, and Greater Cape Girardeau Business Park-Phase III, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The attached Ordinance conveys two tracts of land, All of Lot One of Greater Cape Girardeau Business Park— Phase II, and All of Lot One of Greater Cape Girardeau Business Park-Phase III, to Drury Development Corporation. BACKGROUND/DISCUS SION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The City of Cape Girardeau is selling two tracts of land, consisting of 12.5 acres, to Drury Development Corporation, for development in the Greater Cape Girardeau Business Park. A Special Warranty Deed has been prepared for this purpose and is attached. FINANCIAL IMPACT This property is being purchased for $75,000.00 per acre, for a total purchase price of$937,500.00. STAFF RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff recommends approval of the Ordinance authorizing the Mayor to execute a Special Warranty Deed to Drury Development Corporation, for property located in the Greater Cape Girardeau Business Park, in the City of Cape Girardeau, Missouri. ATTACHMENTS: Marne: Descril IpHion: ❑ Drury Special Warranty Deed Greater Cape Gir Business Park.doc Ordinance ❑ Drury Special Warranty Deed Greater Cape Gir Business Park.doc Slpeciiall Warirainty I BILL NO. 17-12 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SPECIAL WARRANTY DEED TO DRURY DEVELOPMENT CORPORATION, FOR PROPERTY LOCATED IN THE GREATER CAPE GIRARDEAU BUSINESS PARK, 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 Mayor, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Special Warranty Deed to Drury Development Corporation, for property located in Greater Cape Girardeau Business Park - Phase II, and Greater Cape Girardeau Business Park - Phase III, in the City and County of Cape Girardeau, Missouri, more particularly described as follows : Tract 1 : All of Lot One (1) of Greater Cape Girardeau Business Park - Phase II, according to the plat thereof recorded in Document No . 2016-01887 of the Cape Girardeau County Records . Tract 2 : All of Lot One (1) of Greater Cape Girardeau Business Park - Phase III, according to the plat thereof recorded in Document No . 2016-01888 of the Cape Girardeau County Records . ARTICLE 2 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND ADOPTED THIS DAY OF , 2017 . Harry E . Rediger, Mayor ATTEST : Bruce Taylor, Deputy City Clerk 1 BILL NO. 17-12 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SPECIAL WARRANTY DEED TO DRURY DEVELOPMENT CORPORATION, FOR PROPERTY LOCATED IN THE GREATER CAPE GIRARDEAU BUSINESS PARK, 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 Mayor, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Special Warranty Deed to Drury Development Corporation, for property located in Greater Cape Girardeau Business Park - Phase II, and Greater Cape Girardeau Business Park - Phase III, in the City and County of Cape Girardeau, Missouri, more particularly described as follows : Tract 1 : All of Lot One (1) of Greater Cape Girardeau Business Park - Phase II, according to the plat thereof recorded in Document No . 2016-01887 of the Cape Girardeau County Records . Tract 2 : All of Lot One (1) of Greater Cape Girardeau Business Park - Phase III, according to the plat thereof recorded in Document No . 2016-01888 of the Cape Girardeau County Records . ARTICLE 2 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND ADOPTED THIS DAY OF , 2017 . Harry E . Rediger, Mayor ATTEST : Bruce Taylor, Deputy City Clerk 1 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: Casey Brunke P.E., City Engineer AGENDA ' 1 ' Agenda: 2/6/2017 Cape Girardeau City Council --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SUBJECT An Ordinance amending Schedule C of Section 26-121 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by establishing stop signs at various locations along Williamsburg Drive, in the City of Cape Girardeau, Missouri. BACKGROUND/DISCUS SION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- City Staff became aware stop signs were not located at Williamsburg Drive at Perryville Road, Liberty Court at Williamsburg Drive, and Wheelwright Drive at Williamsburg Drive. The attached ordinance establishes stop signs at the above mentioned locations. FINANCIAL IMPACT --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Establishing the stop signs will require no direct funding. Public Works crews will install the stop signs. STAFF RECOMMENDATION Staff Recommends the City Council amend Schedule C of the Traffic Ordinance as stated in the summary attachment as it relates to Williamsburg Drive, Liberty Court, and Wheelwright Drive. ATTACHMENTS: Marne: Descriilrrotiion: ❑Williamsburg Drive Stop Signs.doc Ordinance ❑Williamsburg Sub Phase 1 Stop Signs.pdf ocatiioin Imlalrro ❑Williamsburg Phase 1 Stop Sign Ord Info.doc Ord Ilinfo BILL NO. 17-13 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY ESTABLISHING STOP SIGNS AT VARIOUS LOCATIONS ALONG WILLIAMSBURG DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . Schedule C of Section 26-121 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by establishing stop signs, in the City of Cape Girardeau, Missouri, at the following locations : Williamsburg Drive, at Perryville Road, facing east . Liberty Court, at Williamsburg Drive, facing north. Wheelwright Drive, at Williamsburg Drive, facing south. ARTICLE 2 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF , 2017 . Harry E . Rediger, Mayor ATTEST : Bruce Taylor, Deputy City Clerk 1 �O Cityof Cape GirardeauoR� Traffic Schedule C Proposed Stop Signs on Williamsburg, Liberty, and Wheelwright P J �40p�BRoO �� K l � -o m� �1 m N w E Proposed Stop Sign S Williamsburg Subdivision Phase 1 Ordinance Info Williamsburg at Perryville, Liberty at Williamsburg, and Wheelwright at Williamsburg Schedule C— Stop Signs NEW Williamsburg Drive at Perryville Road, facing east. Liberty Court at Williamsburg Drive, facing north. Wheelwright Drive at Williamsburg Drive, facing south. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: Ryan Shrimplin, AICP - City AGENDA REPORT Agenda: Planner Cape Girardeau City Council 2/6/2017 ' SUBJECT An Ordinance approving the record plat of Town Plaza Subdivision No. 2. EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The attached ordinance approves the record plat of Town Plaza Subdivision No. 2. BACKGROUND/DISCUS SION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- A record plat has been submitted for Town Plaza Subdivision No. 2, located on the north side of William Street between South Kingshighway and Sheridan Drive. The subdivision is zoned C-2 (Highway Commercial). The plat resubdivides Town Plaza Subdivision into two (2)lots. The plat shows an exception for the omission of the required ten (10) foot utility easement along the rear lot line of Lot 1. Staff supports the exception because there are no existing or proposed City utilities along the lot line. STAFF RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The staff report to the Planning and Zoning Commission recommended approval of the record plat, including the exception. BOARD OR COMMISSION RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The Planning and Zoning Commission, at its December 14, 2016 meeting, recommended approval of the record plat, including the exception, with a vote of 7 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Narn•ne: Descril IpHion: ❑Town Plaza Subdivision No 2 Plat.doc Ordinance ❑ Staff Review-Referral-Action Form. Town IF111aza SUbdiiviisiioin No 2 staff RRA If orirn•n ❑Map - Town Plaza Subdivision IVo.pdf Town IF111aza SUbdiiviisiioin No 2 1 ❑Application Town Plaza No. 2.pdf Town IF111aza SUbdiiviisiioin No 2 Applliicatiion ❑s16142-revised.pdf Town IF111aza SUbdiiviisiioin No 2 IRecoird If="Ilat BILL NO. 17-15 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF TOWN PLAZA SUBDIVISION NO. 2 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . The record plat of Town Plaza Subdivision No . 2, a subdivision being all of Lot No . 1, Town Plaza Subdivision as recorded in Plat Book No . 24 at Page No . 80, a part of Outlots 57 and 87, United States Private Survey No . 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, submitted by Greater Missouri Builders, Inc. , bearing the certification of R. Christopher Bowen, a Registered Land Surveyor, dated January 20, 2017, 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 , 2017 . Harry E . Rediger, Mayor ATTEST : Bruce Taylor, Deputy City Clerk CITY OF CAPE GI DEALT, MISSOURI City Staff Review, Referral and Action- Subdivision Application FILE: Town Plaza Subdivision No,2 Record Plat LOCATION: William Street& Sheridan Drive STAFFREVIEW& COMMENTS. A record plat has been submitted to divide property into a new three(3)lot subdivision. SEE STAFF REPORT FOR MORE DETAILS. City Planner Date A -IXA) Z City ,tt 'ney Date CITY MANAGER REIFERRAL TO THE PLANNING AND ZONING COMMISSION. "-City Manager Date Planning & Zoning Commission RECOMMENDED A CTION.- Favqr Oppose Abstain Favox Oppose Abstain Trae Bertrand L) L) El Scott McClanahan Ll Ll Larry Dowdy L) Ll Bruce Skinner Li, Ll 0 Jeff Glenn Ll El Doug Spooler El 0 Li Kevin Greaser a' La L) Tom Welch L) Ll Patrick Koetting Lj Ll 0 VOTE COUNT: Favor Oppose Abstain COMMENTS: CITIZENS COMMENTING AT MEETING: Doug Spooler Planning& Zoning Commission Secretary City Council Action Ordinance I"Reading_ Ordinance 2nd& 3rd Reading: ORDINANCE# Effective Date: Town Plaza Subdivision No. 2 n � 4 SIV rqi / pi "" j -iry... pends r/ �////� rr•" � t`j // 4„. l i �l „ �� / ti ti r I � '�;;� � "�:.. ....,;,,� � ��-/a� �,//i// iii;� ��/�/ .r/II rJo/,,, �< .�, ��� ✓ , Vit,.., �J ��' °„��” �,�'; ii,l�i� % « ;✓ z�//a �i/j, /r irl �u� .,. r/ ��i��� ir, rury, ,;"�„�� ',�;,';,, ��, <,,1, sn, ;. -'/✓/p %/,r/ri�r//i�////// ��i/i;�, sOG.. la�l fl%i �� �,,,,,,,,, ;,, �;)d°rrb ' rW, r "W// 1 T r� r ! /1 /� 1,��” Vk v' �lbdl�ll irr�uubvrrrrrr i�'r� Vrti1 r �rri��frV i is y �/ //� a V 1 h v N - t W+E W U e,5 u 4 � � CITYO CAPE r o" l f G 1 R A R D E A U Created by: Development Servicesf Q � Carol Peters %' c' Legend January 31, 2017y; Town Plaza Subdivision No.2 FOL 120 240 480 Feet " Sou e Esn ®igitalGlobe;^Geo / User Commurut �mu�mvuo Parcels j �, i i i I i i i I 1�, ✓ �! U USS /aE�DC �efmappi r t Qegry 9 w SUBDIVISION PIAT APPLICATION CITY Of CAPE GIRARDEAU a m °\v DEVELOPMENT SERVICES DEPARTMENT,401 INDEPENDENCE ST,CAPE GIRARDEAU,MO 63703(573)339-6327 Name of Subdivision Type of Plate Preliminary,Record,or Boundary Adjustment Town Plaza Subdivision No. 2 Record Applicant Property Owner of Record(if other than Applicant) Greater Missouri Builders Mailing Address City,State,Zip Mailing Address City,State,Zip 1551 Wall Street St. Charles, MO 63303 Telephone Email Telephone Email 636-946-1341 Ext 1006 scampbelI@gmb-inc.com Contact Person (If Applicant is a Business or Organization) (Attach additional owners information,if necessary) Scott Campbell Professional Engineer/Surveyor(if other than Applicant) Developer(if other than Applicant) Bowen Engineering and Surveying Mailing Address City,State,Zip Mailing Address City,State,Zip 2121 Megan Drive Cape Girardeau, MO 63701 Telephone Email Telephone Email 573-339-5900 chriskelley@bowenengsurv.com ADDITIONAL ITEMS In addition to this completed application form,the following items must be submitted: REQUIRED a® Review Fee(payable to City of Cape Girardeau) Single-Family or Two-Family Residential: $20.00 per lot($100.00 minimum) Multi-Family Residential: $20.00 per dwelling unit($100.00 minimum) See Instructions for more Non-Residential : $20.00 per acre($100.00 minimum) information. e0 Recording Fee Deposit(payable to City of Cape Girardeau) Sheet Size Record Plat Boundary Adjustment Plat 18"x 24" $44.00 $24.00 24"x 36" $69.00 $29.00 (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) Two(2)full size prints of the plat _Digital file of the plat in.pdf format(can be emailed) CERTIFICATION I hereby certify that I am the sole Property Owner of Record or an agent duly authorized by the Property Owner(s)of Record to file this application on their behalf. I acknowledge that plats for subdivisions involving public improvements will be held from City Council review until the improvements are completed and ready for acceptance by the City, or an escrow agreement for the improvements is executed. I further acknowledge that plats for subdivisions involving common land and/or elements require the submission of covenants and a deed ensuring the perpetual maintenance and supervision of the common land and/or elements by trustees prior to recprding of the record plat. September 21 2016 Applicant Signatufe and Printedd°Name Date OFFICE USE ONLY Date Received&By 'Y MUNIS Application No. Planning&Zoning Commission Recommendation Date City Council Final Action Date Revised 08/11/2016 f J 1 ' MRMa't+ RECORD PLAT OF: SUBDIVISION DEDICATION TOWN PL4Z4 SUBDIVISION NO, 2 f� W ff Wrw,,.�mr.xwaaw, ,xnn.�mur�„=�.w .w�rt,wmmnx,�nmx�nm�, awrnaa�m,x�n,mwm„r�r „wTMx��xw r� I,i wF�wwwm�a� ,w�rr�wxW�roF��m�w�xwrE�Fwaxxw� �i wwnw„Lnrxa SURVEY MONUMENT NOTES: xanrxw W 9 SURVEY LEGEND mwomxvn �; { xmwsrierex ®, 9 # mw�,e wxPw w mm eww w w mu wn �y -_ _-_ �r �,En.,xmw„mwwrxw�curww� wx W� � LOCATION MAP •rvcaerex wxw aaxx- uc w xcrx .w. ---------- SU EVNOTES. SURVEVNOTES: xuo nuerri«wucwn cowxLeumw wuwxz ,�u,mnw�mo,wax,wwwmouruwrrnsva 4 I I �� Y �uwrswrmwr.M�xwrwaxwmmn,ra�mesrm I uaanvxw.xmx,wwnEomrcwo-uvwwaucnrn h �III-.. w,unmrt ��� Ij � F°c� rmpE II � w,wnwnzmn ///f / xLaerama uwx trA ¢ e as»x.e / ,,i l� / "^Owwax .... 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COUI—OFCAPEGIRAROEAU)M wW�xv STATE OF MISSOURIjM LINE DIMENSION TABLE 'rwnTMxvxxmanm mc�rcru,o-ootFnnneawaw.m,rr CO_OOFWEGGIIRARO�U , war nrer mro _______________________- comma e�nr.auonmcrerwaewrm®w,wwrmwrus 3TATE OF MISSOURI )eB ---.m_nx. w�nwex�xx Lr¢mcewnmm�'r,eeurvaemrnmhumnmm :I--=A b wC B E1 S—lF FOAFE GIRAAOEAU) ^�� - - russswerux.ww rre _wsurf r a�+eorw ,a,a, u�xwlsuawwrwwwwaemxn ----_ - m✓aea.mrrecm ,wra,mw rxsary mxcem,, wr,t�. n x GRAPHIC SCALE e -ereasrx mm- ----.wampum xonu---_om ---.m_ ,u rv,emurx xw'+- 1-110. z4tl(Y a• «' «• aao• WWx w xx,a m w rm rw�mm� mm�.,rw�m .www wm --- 1 Of 1 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: Casey Brunke, P.E., City Engineer AGENDA ' 1 ' Agenda: 2/6/2017 Cape Girardeau City Council --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SUBJECT An Ordinance authorizing the City Manager to execute a Transportation Alternatives Program Agreement (TAP-1500(023))with the Missouri Highways and Transportation Commission for the Independence Sidewalks Project. First Reading. EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The attached agreement would allow the City to construct sidewalks along the south side of Independence Street from the Cape LaCroix Trail to Gordonville Road/East Rodney Drive with a connection to existing sidewalk along East Rodney Drive, in the City of Cape Girardeau, Missouri. BACKGROUND/DISCUS SION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The City of Cape Girardeau applied for and was awarded a Transportation Alternatives Program (TAP) grant administered through the Missouri Department of Transportation. FINANCIAL IMPACT The Federal cost share for this project will be Seventy-Eight(78)percent not to exceed $201,455.00 Any costs for the improvements which exceed this amount will be the responsibility of the City. The City will fund its cost portion from TTF5 New Sidewalks and Sidewalk Repair. STAFF RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff recommends the Council approve the Ordinance authorizing the City Manager to enter into a Transportation Alternatives Program Agreement(TAP-1500(023))with the Missouri Highways and Transportation Commission, contingent upon MoDOT approval. ATTACHMENTS: Marne: Descril IpHion: ❑ MODOT - TAP.Independence Sidewalks.doc Ordinance ❑ MoDOT TAP agr.pdf liis ouuirii Highways& TiranspordaHon TAlf="AOIFi BILL NO. 17-16 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A TRANSPORTATION ALTERNATIVES PROGRAM AGREEMENT WITH MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE INDEPENDENCE SIDEWALKS 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 Manager is hereby authorized to execute, on behalf of the City, a Transportation Alternatives Program Agreement with Missouri Highways and Transportation Commission for the Independence Sidewalks Project (TAP- 1500 (023) ) , in the City of Cape Girardeau, Missouri, and the City Clerk is hereby authorized 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, and incorporated herein by reference, 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 , 2017 . Harry E . Rediger, Mayor (SEAL) ATTEST : Bruce Taylor, Deputy City Clerk i.. CCO Form: FS25 Approved: 04195 (MGB) Revised: 02116 (MWH) Modified: CFDA Number: 20.205 CFDA Title: Highway Planning and Construction Award name/number: TAP — 1500(023) Award Year: 2017 Federal Agency: Federal Highway Administration, Department of Transportation MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION TRANSPORTATION ALTERNATIVES FUNDS PROGRAM AGREEMENT THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau (hereinafter, =City„) WITNESSETH: NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: (1) PURPOSE: The United States Congress has authorized, in Fixing America's Surface Transportation Act (FAST); 23 U.S.C. §101, §106 and §213; SAFETEA-LU §1404 funds to be used for transportation alternatives activities. The purpose of this Agreement is to grant the use of such transportation alternatives funds to the City. (2) LOCATION: The transportation alternatives funds which are the subject of this Agreement are for the project at the following location: Along Independence Street from the Cape LaCroix Trial to Gordonville Road / East Rodney Drive with a connection to existing sidewalk along East Rodney Drive. The general location of the project is shown on attachment marked "Exhibit A” and incorporated herein by reference. (3) REASONABLE PROGRESS POLICY: The project as described in this agreement is subject to the reasonable progress policy set forth in the Local Public Agency (LPA) Manual and the final deadline specified in Exhibit B attached hereto and incorporated herein by reference. In the event, the LPA Manual and the final deadline within Exhibit 8 conflict, the final deadline within Exhibit B controls. If the project is within a Transportation Management Area that has a reasonable progress policy in place, the project is subject to that policy. If the project is withdrawn for not meeting reasonable progress, the City agrees to repay the Commission for any progress payments made to the City for the project and agrees that the Commission may deduct progress payments made to the City from future payments to the City. The City may not be eligible for future Transportation Alternatives Funds if the City does not meet the reasonable progress policy. (4) INDEMNIFICATION: (A) To the extent allowed or imposed by law, the City shall defend, indemnify and hold harmless the Commission, including its members and the Missouri Department of Transportation (MoDOT or 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 City's wrongful or negligent performance of its obligations under this Agreement. (B) The City will require any contractor procured by the City 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 MoDOT and its employees, as additional named insureds in amounts sufficient to cover the sovereign immunity limits for Missouri public entities 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. The City shall cause insurer to increase the insurance amounts in accordance with those 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. (5) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representatives of the City and the Commission. (6) COMMISSION REPRESENTATIVE: The Commission's District Engineer is designated as the Commission's representative for the purpose of administering the i i provisions of this Agreement. The Commission's representative may designate by written notice other persons having the authority to act on behalf of the Commission in furtherance of the performance of this Agreement. (7) NONDISCRIMINATION ASSURANCE: With regard to work under this Agreement, the City agrees as follows: (A) Civil Rights Statutes: The City 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. §20004 and §2000e, et seq.), as well as any applicable titles of the "Americans with Disabilities Act" (42 U.S.C. §12101, et seq.). In addition, if the City is providing services or operating programs on behalf of the Department or the Commission, it shall comply with all applicable provisions of Title II of the "Americans with Disabilities Act". (B) Administrative Rules: The City shall comply with the administrative rules of the United States Department of Transportation relative to nondiscrimination in federally-assisted programs of the United States Department of Transportation (49 C.F.R. Part 21) which are herein incorporated by reference and made part of this Agreement. (C) Nondiscrimination: The City shall not discriminate on grounds of the race, color, religion, creed, sex, disability, national origin, age or ancestry of any individual in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The City shall not participate either directly or indirectly in the discrimination prohibited by 49 C.F.R. §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 City. These apply to all solicitations either by competitive bidding or negotiation made by the City for work to be performed under a subcontract including procurement of materials or equipment. Each potential subcontractor or supplier shall be notified by the City of the requirements of this Agreement relative to nondiscrimination on grounds of the race, color, religion, creed, sex, disability or national origin, age or ancestry of any individual. (E) Information and Reports: The City shall provide all information and reports required by this 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 United States Department of Transportation to be necessary to ascertain compliance with other contracts, orders and instructions. Where any information required of the City is in the exclusive possession of another who fails or refuses to furnish this information, the City shall so certify to the Commission or the United States Department of Transportation as appropriate and shall set forth what efforts it has made to obtain the information. (F) Sanctions for Noncompliance: In the event the City fails to comply with the nondiscrimination provisions of this Agreement, the Commission shall impose such contract sanctions as it or the United States Department of Transportation may determine to be appropriate, including but not limited to: 1. Withholding of payments under this Agreement until the City complies; and/or 2. Cancellation, termination or suspension of this Agreement, in whole or in part, or both. (G) Incorporation of Provisions: The City shall include the provisions of paragraph (7) 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 United States Department of Transportation. The City will take such action with respect to any subcontract or procurement as the Commission or the United States Department of Transportation may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that in the event the City becomes involved or is threatened with litigation with a subcontractor or supplier as a result of such direction, the City may request the United States to enter into such litigation to protect the interests of the United States. (8) ASSIGNMENT: The City shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (9) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The City shall comply with all local, state and federal laws and regulations relating to the performance of this Agreement. (10) CANCELLATION: The Commission may cancel this Agreement at any time for a material breach of contractual obligations by providing the City with written notice of cancellation. Should the Commission exercise its right to cancel this Agreement for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the City. (11) ACCESS TO RECORDS: The City and its contractors must maintain all records relating to this Agreement, including but not limited to invoices, payrolls, etc. These records must be available at no charge to the Federal Highway Administration (FHWA) and the Commission and/or their designees or representatives during the period of this Agreement and any extension, and for a period of three (3) years after the date on which the City receives reimbursement of their final invoice from the Commission. (12) FEDERAL-AID PROVISIONS: Because responsibility for the performance of all functions or work contemplated as part of this project is assumed by the City, and the City may elect to construct part of the improvement contemplated by this Agreement with its own forces, a copy of Section II and Section III, as contained in the United States Department of Transportation Form Federal Highway Administration (FHWA) 1273 "Required Contract Provisions, Federal-Aid Construction Contracts," is attached and made a part of this Agreement as Exhibit C. Wherever the term "the contractor" or words of similar import appear in these sections, the term "the City" is to be substituted. The City agrees to abide by and carry out the condition and obligations of "the contractor" as stated in Section II, Equal Opportunity, and Section 111, Nonsegregated Facilities, as set out in Form FHWA 1273. (13) ACQUISITION OF RIGHT OF WAY: With respect to the acquisition of right of way necessary for the completion of the project, City shall acquire any additional necessary right of way required for this project and in doing so agrees that it will comply with all applicable federal laws, rules and regulations, including 42 U.S.C. 4601-4655, the Uniform Relocation Assistance and Real Property Acquisition Act, as amended and any regulations promulgated in connection with the Act. (14) MAINTENANCE OF DEVELOPMENT: The City shall maintain the herein contemplated improvements without any cost or expense to the Commission. All maintenance by the City shall be done for the safety of the general public and the esthetics of the area. In addition, if any sidewalk or bike trails are constructed on the Commission's right-of-way pursuant to this Agreement, the City shall inspect and maintain the sidewalk or bike trails constructed by this project in a condition reasonably safe to the public and, to the extent allowed by law, shall indemnify and hold the Commission harmless from any claims arising from the construction and maintenance of said sidewalk or bike trails. if the City fails to maintain the herein contemplated improvements, the Commission or its representatives, at the Commission's sole discretion shall notify the City in writing of the City's failure to maintain the improvement. If the City continues to fail in maintaining the improvement, the Commission may remove the herein contemplated improvement whether or not the improvement is located on the Commission's right of way. Any removal by the Commission shall be at the sole cost and expense of the City. Maintenance includes but is not limited to mowing and trimming between shrubs and other plantings that are part of the improvement. (15) PLANS: The City shall prepare preliminary and final plans and specifications for the herein improvements. The plans and specifications shall be submitted to the Commission for the Commission's review and approval. The Commission has the discretion to require changes to any plans and specification prior to any approval by the Commission. (16) REIMBURSEMENT: The cost of the contemplated improvements will be borne by the United States Government and by the City as follows: (A) Any federal funds for project activities shall only be available for reimbursement of eligible costs which have been incurred by City. Any costs incurred by City prior to authorization from FHWA and notification to proceed from the Commission are not reimbursable costs. The federal share for this project will be Seventy-Eight (78) percent not to exceed $201,455.00. The calculated federal share for seeking federal reimbursement of participating costs for the herein improvements will be determined by dividing the total federal funds applied to the project by the total participating costs. Any costs for the herein improvements which exceed any federal reimbursement or are not eligible for federal reimbursement shall be the sole responsibility of City. The Commission shall not be responsible for any costs associated with the herein improvement unless specifically identified in this Agreement or subsequent written amendments. (17) PROGRESS PAYMENTS: The City may request progress payments be made for the herein improvements as work progresses but not more than once every two weeks. Progress payments must be submitted monthly. The City shall repay any progress payments which involve ineligible costs. (18) PROMPT PAYMENTS: Progress invoices submitted to MoDOT for reimbursement more than thirty (30) calendar days after the date of the vendor invoice shall also include documentation that the vendor was paid in full for the work identified in the progress invoice. Examples of proof of payment may include a letter or e-mail from the vendor, lien waiver or copies of cancelled checks. Reimbursement will not be made on these submittals until proof of payment is provided. Progress invoices submitted to MoDOT for reimbursement within thirty (30) calendar days of the date on the vendor invoice will be processed for reimbursement without proof of payment to the vendor. If the City has not paid the vendor prior to receiving reimbursement, the City must pay the vendor within two (2) business days of receipt of funds from MoDOT. (19) PERMITS: The City shall secure any necessary approvals or permits from any federal or state agency as required for the completion of the herein improvements. If this improvement is on the right of way of the Commission, the City must secure a permit from the Commission prior to the start of any work on the right of way. The permits which may be required include, but are not limited to, environmental, architectural, historical or cultural requirements of federal or state law or regulation. (20) INSPECTION OF IMPROVEMENTS AND RECORDS: The City shall assure that representatives of the Commission and FHWA shall have the privilege of inspecting and reviewing the work being done by the City's contractor and subcontractor on the herein project. The City 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 Transportation Alternatives Program Agreement, 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. (21) CREDIT FOR DONATIONS OF FUNDS, MATERIALS, OR SERVICES: A person may offer to donate funds, materials or services in connection with this project. Any donated funds, or the fair market value of any donated materials or services that are accepted and incorporated into this project shall be credited according to 23 U.S.C. §323. (22) DISADVANTAGED BUSINESS ENTERPRISES DBE): The Commission will advise the City of any required goals for participation by disadvantaged business enterprises (DBEs) to be included in the City's proposal for the work to be performed. The City shall submit for Commission approval a DBE goal or plan. The City shall comply with the plan or goal that is approved by the Commission and all requirements of 49 C.F.R. Part 26, as amended. (23) 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. (24) NOTICE TO BIDDERS: The City shall notify the prospective bidders that disadvantaged business enterprises shall be afforded full and affirmative opportunity to submit bids in response to the invitation and will not be discriminated against on grounds of race, color, sex, or national origin in consideration for an award. (25) FINAL AUDIT: The Commission may, in its sole discretion, perform a final audit of project costs. The United States Government shall reimburse the City, through the Commission, any monies due. The City shall refund any overpayments as determined by the final audit. (26) OMB AUDIT: If the City expend(s) seven hundred fifty thousand dollars ($750,000) or more in a year in federal financial assistance it is required to have an independent annual audit conducted in accordance with 2 CFR Part 200. A copy of the audit report shall be submitted to MoDOT within the earlier of thirty (30) days after receipt of the auditor's report(s), or nine (9) months after the end of the audit period. Subject to the requirements of 2 CFR Part 200, if the City expend(s) less than seven hundred fifty thousand dollars ($750,000) a year, the City may be exempt from auditing requirements for that year but records must be available for review or audit by applicable state and federal authorities. (27) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006: The City shall comply with all reporting requirements of the Federal Funding Accountability and Transparency Act (FFATA) of 2006, as amended. This Agreement is subject to the award terms within 2 C.F.R. Part 170. IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the City this day of , 2017. Executed by the Commission this day of 12017. MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION CITY OF CAPE GIRARDEAU By Title Title ATTEST: ATTEST: By Secretary to the Commission Title Approved as to Form: Approved as to Form: Commission Counsel Title Ordinance No Exhibit A - Location of Project City of Cape Girardeau Transportation Afternadves Program Independence Street Sidewalk ; GordonviHelEast Rodney to Cape LaCroixTrail -- ' � �aearrr� �.,,•sx � I` lvgQUjunn Gr'OP-Ov Mipu Laf mIs Ta+Y L Vo I Seylg�e s rrM r atl�JLft'3c7P.P I' SAC{FFF fFP.� , , IOd S!'ZtFtt��k �s4'LRi31 ! 2 +rt}pyt_ I I If � { ` I II 'I I III ! , --��.!�.�i•F'•L•� i+-r L_ I ! M r , V i �W,W,4 i L.e en d P")rerf d,hma ^ T I Exhibit B — Project Schedule Project Description: TAP-1500(023) Sidewalk construction along Independence Street from the Cape LaCroix Trial to Gordonville Road/East Rodney Drive with a connection to existing sidewalk along East Rodney Drive. Task Date Date funding is made available or allocated to recipient 12/27/2016 Solicitation for Professional Engineering Services (advertised) Optional Engineering Services Contract Approved 6/27/2017 Conceptual Study (if applicable) Optional Preliminary and Right-of-Way Plans Submittal 12/27/2017 (if Applicable) Plans, Specifications & Estimate (PS&E) Submittal 6/27/2018 Plans, Specifications & Estimate (PS&E) Approval 8/27/2018 Advertisement for Letting 9/27/2018 Bid Opening 10/27/2018 Construction. Contract Award or Planning Study completed 11/27/2018 REQUIRED *Note: the dates established in the schedule above will be used in the applicable ESC between the sponsor agency and consultant firm. **Schedule dates are approximate as the project schedule will be actively managed and issues mitigated through the project delivery process. The Award Date or Planning Study Date deliverable is not approximate and a Supplemental Agreement is required to modify this date. I Exhibit C - Required Contract Provisions Federal-Aid Construction Contracts FHWA-1273 Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III, Nonsegregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII, Safety:Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts(included in Appalachian contracts only) L GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23(excluding emergency contracts solely intended for debris removal). The contractor(or subcontractor)must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts(excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower- tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the Form FHWA-1273 must be physically incorporated(not referenced)in all contracts,subcontracts and lower-tier subcontracts(excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections,these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work,or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments,withholding of final payment,termination of the contract,suspension 1 debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract,the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole,supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition,the contractor and all subcontractors must comply with the following policies: Executive Order 11246,41 CFR 60,29 CFR 1625-1627,Title 23 USC Section 140,the Rehabilitation Act of 1973,as amended(29 USC 794),Title V1 of the Civil Rights Act of 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and,for all construction contracts exceeding$10,000,the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note:The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60,and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140,the Rehabilitation Act of 1973,as amended(29 USC 794), and Title VI of the Civil Rights Act of 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27; and 23 CFR Parts 200, 230,and 633. The following provision is adopted from 23 CFR 230,Appendix A,with appropriate revisions to conform to the U.S.Department of Labor(US DOL)and FHWA requirements. 1.Equal Employment Opportunity: Equal employment opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws,executive orders,rules, regulations(28 CFR 35,29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27)and orders of the Secretary of Labor as modified by the provisions prescribed herein,and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract.The provisions of the Americans with Disabilities Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract,the contractor agrees to comply with the following minimum specific requirement activities of EEO: a.The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b.The contractor will accept as its operating policy the following statement: "it is the policy of this Company to assure that applicants are employed,and that employees are treated during employment, without regard to their race,religion,sex,calor,national origin,age or disability. Such action shall include:employment, upgrading,demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;and selection for training, including apprenticeship,pre-apprenticeship,and/or on-the-job training." 2. EEO Officer:The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy:All members of the contractor's staff who are authorized to hire,supervise,promote,and discharge employees, or who recommend such action,or who are substantially involved in such action,will be made fully cognizant of,and wili implement,the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months,at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer,covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or other appropriate means. 4.Recruitment:When advertising for employees,the contractor will include in all advertisements for employees the notation:"An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals,the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women,or obligates the contractor to do the same,such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5.Personnel,fictions:Wages,working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion,transfer,demotion, layoff,and termination,shall be taken without regard to race,color, religion,sex,national origin,age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found,the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant,such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform every complainant of all of their avenues of appeal. 6.Training and Promotion: a. The contractor will assist in locating,qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations,the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract,this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7.Unions: If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor,either directly or through a contractor's association acting as agent,will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions,joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skflls of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race,color,religion,sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor,the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement,the contractor will,through independent recruitment efforts,fill the employment vacancies without regard to race,color, religion,sex, national origin,age or disability;making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals(even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 91246, as amended, and these special provisions,such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants I Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9.Selection of Subcontractors,Procurement of Materials and Leasing of Equipment:The contractor shall not discriminate on the grounds of race, color,religion,sex, national origin,age or disability in the selection and retention of subcontractors,including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT-approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race,color,national origin,or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract,which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports:The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1)The number and work hours of minority and non-minority group members and women employed in each work classification on the project; (2)The progress and efforts being made in cooperation with unions,when applicable,to increase employment opportunities for minorities and women;and (3)The progress and efforts being made in locating, hiring,training,qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project,indicating the number of minority,women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision,the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III.NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of$10,OOD or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race,color,religion,sex,or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control,where the facilities are segregated. The term "facilities"includes waiting rooms,work areas, restaurants and other eating areas,time clocks, restrooms,washrooms, locker rooms,and other storage or dressing areas, parking lots,drinking fountains, recreation or entertainment areas,transportation,and housing provided for employees. The contractor sh0 provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors,which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S.Department of Labor regulations in 29 CFR 5.5"Contract provisions and related matters" with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work,will be paid unconditionally and not less often than once a week,and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)),the full amount of wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are cons€dered wages paid to such laborers or mechanics,subject to the provisions of paragraph 1.d. of this section;also, regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly)under plans,funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill,except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided,That the employer's payroll records accurately set forth the time spent in each classification in which work is performed.The wage determination(including any additional classification and wage rates conformed under paragraph 1.b.of this section)and the Davis-Bacon poster(WH--1321)shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b, (1)The contracting officer shall require that any class of laborers or mechanics, including helpers,which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i)The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii)The classification is utilized in the area by the construction industry;and (iii)The proposed wage rate, including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage determination. (2)If the contractor and the laborers and mechanics to be employed in the classification(if known),or their representatives,and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration,U.S. Department of Labor,Washington, DC 20210.The Administrator,or an authorized representative,will approve, modify,or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives,and the contracting officer do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits, where appropriate),the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer,to the Wage and Hour Administrator for determination.The Wage and Hour Administrator,or an authorized representative,will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 34-day period that additional time is necessary. (4)The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs 1.b.(2)or 1.b.(3)of this section,shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c.Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person,the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a pian or program,Provided,That the Secretary of Labor has found, upon the written request of the contractor,that the applicable standards of the Davis-Bacon Act have been met.The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor,withhold or cause to be withheld from the contractor under this contract,or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime contractor,so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,trainees, and helpers,employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice,trainee,or helper,employed or working on the site of the work,all or part of the wages required by the contract,the contracting agency may,after written notice to the contractor,take such action as may be necessary to cause the suspension of any further payment,advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shah be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work.Such records shall contain the name,address,and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked,deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B)of the Davis-Bacon Act,the contractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected,and records which show the costs anticipated or the actual cost incurred in providing such benefits.Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and trainees,and the ratios and wage rates prescribed in the applicable programs. b. (1)The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i),except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee(e.g. ,the last four digits of the employee's social security number).The required weekly payroll information may be submitted in any form desired.Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esatwhd/forms/wh347instr.htm or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records,without weekly submission to the contracting agency.. (2)Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the foilowing: (i)That the payroll for the payroll period contains the information required to be provided under§5.5(a)(3)(ii)of Regulations, 29 CFR part 5,the appropriate information is being maintained under§5.5(a)(3)(1)of Regulations,29 CFR part 5,and that such information is correct and complete; (ii)That each laborer or mechanic(including each helper, apprentice,and trainee)employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate,either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed,as specified in the applicable wage determination incorporated into the contract. (3)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph 3.b.(2)of this section. i (4)The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 9001 of title 18 and section 231 of title 31 of the United States Code. c.The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying,or transcription by authorized representatives of the contracting agency,the State DOT,the FHWA, or the Department of Labor,and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may,after written notice to the contractor, the contracting agency or the State DOT,take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore,failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a.Apprentices(programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.Department of Labor, Employment and Training Administration,Office of Apprenticeship Training, Employer and Labor Services,or with a State Apprenticeship Agency recognized by the Office,or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program,but who has been certified by the Office of Apprenticeship Training, Employer and labor Services or a State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program.Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above,shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.In addition,any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.Where a contractor is performing construction on a project in a locality other than that in which its program is registered,the ratios and wage rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification,fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training,Employer and Labor Services,or a State Apprenticeship Agency recognized by the Office,withdraws approval of an apprenticeship program,the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b.Trainees(programs of the USDOL). Except as provided in 29 CFR 5,16,trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress,expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices,Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition,any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program,the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c.Equal employment opportunity.The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended,and 29 CFR part 30. d. Apprentices and Trainees(programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV.The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs.The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5.Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3,which are incorporated by reference in this contract. 6.Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHVVA-1273 in any lower tier subcontracts.The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5, 7.Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8.Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1,3, and 5 are herein incorporated by reference in this contract. 9.Disputes concerning labor standards.Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract.Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5,6, and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors)and the contracting agency,the U.S. Department of Labor,or the employees or their representatives. 10.Certification of eligibility. a. By entering into this contract,the contractor certifies that neither it(nor he or she)nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c.The penalty for making false statements is prescribed in the U.S.Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal-aid construction contract in an amount in excess of$100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act.These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As used in this paragraph,the terms laborers and mechanics include watchmen and guards. 1.Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2.Violation; liability for unpaid wages;liquidated damages. In the event of any violation of the clause set forth in paragraph(1.) of this section,the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory),for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards,employed in violation of the clause set forth in paragraph (1.)of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(1.)of this section. 3.Withholding for unpaid wages and liquidated damages.The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2.)of this section. i 4.Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.)through (4.)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1.)through(4.)of this section. VI.SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System. 1.The contractor shall perform with its own organization contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization(23 CFR 635.116). a. The term"perform work with its own organization"refers to workers employed or leased by the prime contractor,and equipment owned or rented by the prime contractor,with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor,agents of the prime contractor, or any other assignees, The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1)the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2)the prime contractor remains responsible for the quality of the work of the leased employees; (3)the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4)the prime contractor remains ultimately responsible for the payment of predetermined minimum wages,the submission of payrolls,statements of compliance and all other Federal regulatory requirements. b. "Specialty Items"shall be construed to be limited to work that requires highly specialized knowledge,abilities,or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3.The contractor shall furnish(a)a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations(regardless of who performs the work)and(b)such other of its own organizational resources(supervision,management,and engineering services)as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet,assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5.The 30%self-performance requirement of paragraph(1)is not applicable to design-build contracts;however,contracting agencies may establish their own self-performance requirements. VII.SAFETY:ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal,State,and local laws governing safety, health, and sanitation(23 CFR 635).The contractor shall provide all safeguards,safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine,to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract,and shall be made a condition of each subcontract,which the contractor enters into pursuant to this contract,that the contractor and any subcontractor shall not permit any employee, in performance of the contract,to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards(29 CFR 1926)promulgated by the Secretary of Labor,in accordance with Section 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C.3704). 3, Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof,shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C.3704). Vlll.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors,suppliers,and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully,thoroughly,and honestly as possible. Willful falsification,distortion,or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project(23 CFR 635)in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer,agent, or employee of the United States,or of any State or Territory,or whoever,whether a person, association,firm, or corporation,knowingly makes any false statement,false representation, or false report as to the character, quality,quantity, or cost of the material used or to be used,or the quantity or quality of the work performed or to be performed,or the cost thereof in connection with the submission of plans,maps,specifications,contracts,or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation;or Whoever knowingly makes any false statement,false representation,false report or false claim with respect to the character, quality,quantity,or cost of any work performed or to be performed,or materials furnished or to be furnished,in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement,certificate,or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat.355),as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. By submission of this bidfproposal or the execution of this contract,or subcontract,as appropriate,the bidder, proposer, Federal-aid construction contractor,or subcontractor,as appropriate,will be deemed to have stipulated as follows: 1.That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Ctean Air Act. 2.That the contractor agrees to include or cause to be included the requirements of paragraph(1)of this Section X in every subcontract,and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X.CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts,design-build contracts,subcontracts,lower-tier subcontracts, purchase orders, lease agreements,consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost$25,000 or more— as defined in 2 CFR Parts 180 and 120D. 1.Instructions for Certification—First Tier Participants: a. By signing and submitting this proposal,the prospective first tier participant is providing the certification set out below. b.The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction.The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below.The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However,failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government,the contracting agency may terminate this transaction for cause of default. d.The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e.The terms"covered transaction,""debarred,""suspended,""ineligible,""participant,""person," "principal,"and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions"refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions"refers to any covered transaction under a First Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds(such as the prime or general contractor). "Lower Tier Participant"refers any participantwho has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). f.The prospective first tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,declared ineligible, or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency entering into this transaction. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled"Certification Regarding debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions,"provided by the department or contracting agency,entering into this covered transaction,without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the$25,000 threshold. h.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred,suspended, ineligible,or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended,debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each participant may, but is not required to,check the Excluded Parties List System website (https://www.e_p,l_s.govl),which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph(f)of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion--First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief,that it and its principals: (1) Are not presently debarred,suspended, proposed for debarment, declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(Federal, State or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records,making false statements,or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State or local)with commission of any of the offenses enumerated in paragraph(a)(2)of this certification;and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal,State or local)terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification-Lower Tier Participants: (Applicable to all subcontracts,purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more-2 CFR Parts 180 and 1200) a. By signing and submitting this proposal,the prospective lower tier is providing the certification set out below. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department,or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d.The terms"covered transaction,""debarred,""suspended,""ineligible,""participant,""person,""principal,"and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions"refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions"refers to any covered transaction under a First Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds(such as the prime or general contractor). "Lower Tier Participant'refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). e.The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated. f.The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled"Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the$25,000 threshold. g.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred,suspended, ineligible,or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended,debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each participant may, but is not required to,check the Excluded Parties List System website (httpSJ1www.ep1s.gov&which is compiled by the General Services Administration. h.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred, ineligible,or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding debarment,Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1.The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred, suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. XI.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed$100,000(49 GFR 20). 1.The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation, renewal, amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Forth to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made of entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. ATTACHMENT A-EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. Far the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph(1 c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4) below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers, mechanics and other employees required to perform the contract work, (b)the number of employees required in each classification, (c)the date on which the participant estimates such employees will be required, and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1 c)above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6.The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is,or reasonably may be,done as on-site work. B_. .713P i . ........ 4........... --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: Ryan Shrimplin, AICP - City AGENDA REPORT Agenda: Planner Cape Girardeau City Council 2/6/2017 M SUBJECT An Ordinance granting a Special Use Permit to Community Counseling Center, for purposes of constructing, maintaining, and operating a residential treatment facility at 2852 Independence Street, in the City and County of Cape Girardeau, Missouri. EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The attached ordinance grants a Special Use Permit for a residential treatment facility at 2852 Independence Street. A public hearing on the Special Use Permit request was held on February 6, 2017. BACKGROUND/DISCUSSION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- A Special Use Permit application has been submitted for the property at 2852 Independence Street. The property is zoned R-4 (Medium Density Multi-Family Residential) and contains an existing building with paved parking areas and other improvements. It was last occupied by Life Care Center of Cape Girardeau. The property was purchased by the Community Counseling Center for use as an adolescent development center and residential treatment facility. The development center is a permitted use in the R-4 district. The residential treatment facility is a special use. According to the applicant, no site changes are proposed. The existing building will undergo an interior renovation. The residential treatment facility will initially comprise 25% of the floor area and contain 16 beds. The remaining floor area will be used for the development center and future expansion of the residential treatment facility up to a total of 32 beds. It is estimated there will be 36 employees on the largest shift for the development center and residential treatment facility. Most of the clients will be transported by vans operated by the Community Counseling Center. Visitor traffic is expected to occur mostly on the weekends, when most of the employees are not working. Certified copies of the application, application file, and the following applicable sections of the Zoning Code are attached: Section 30-325 contains the requirements for the R-4 district. Section 30-401 contains the requirements for Special Use Permits. A public hearing on the Special Use Permit request was held on February 6, 2017. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS See attached staff report for analysis. STAFF RECOMMENDATION Staff recommended approval of the Special Use Permit request to the Planning and Zoning Commission subject to the conditions in the attached staff report. BOARD OR COMMISSION RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The Planning and Zoning Commission held a public hearing on January 11, 2017, and recommended approval subject to the staff recommended conditions, with a vote of 9 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City Council's public hearing was advertised in the Southeast Missourian on January 22, 2017. In addition, a sign containing the date, time, location, and subject of the Planning and Zoning Commission and City Council public hearings was posted on the property. Notices were also mailed to the adjacent property owners. ATTACHMENTS: Nairn•ne: Descril IpHion: ❑ SUP - 2852 Independence Comm Counseling Center.doc Ordinance ❑ Staff Review-Referral-Action FOrm.Edf 2852 Independence St St IF1 staff RRA If earirn•n ❑ Staff_Report P Z SUP 2852 Independence St Residential Treatment Facility in - 4. df 2852 Independence St St IF1 staff Report ❑Map 2852 Independence Zoning.pdf 2852 Independence St St IF1 Zoning Ilyllalrro ❑ Map 2852 Independence FLU.pdf 2852 Independence St St IF1 If 1lL) I ❑Application - 2852 Independence Street SUP.pdf 2852 Independence St St IF1 Alpplliicatiion El PELIM2852.pdf 2852 Independence StSUIF1 IFlirelliiirn•niiinairy f="Ilan;:, ❑ -4. df 14 IDiistirid IReagu.ullatiioins ❑ Sec 30-401 Special Use Per its.pdf Sedoin 30 401 Slpeciiall Use If="eirir nuts BILL NO. 17-17 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO COMMUNITY COUNSELING CENTER, FOR PURPOSES OF CONSTRUCTING, MAINTAINING, AND OPERATING A RESIDENTIAL TREATMENT FACILITY AT 2852 INDEPENDENCE STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Community Counseling Center is the owner of certain property on which it desires to construct, maintain, and operate a residential treatment facility at 2852 Independence Street, in the City and County of Cape Girardeau, Missouri; and WHEREAS, the proposed location of said residential treatment facility is 2852 Independence Street, Cape Girardeau, Missouri, and which property is presently zoned R-4, Medium Density Multi-Family Residential District; and WHEREAS, a Special Use Permit is required for said use in the R-4, Medium Density Multi-Family Residential District; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . The City Council, having duly considered the application, finds that the granting of the Special Use Permit will not substantially increase traffic hazards, congestion, fire hazards or adversely affect the general character of the neighborhood or the general welfare of the community, nor will it overtax public utilities or be in conflict with the comprehensive plan. ARTICLE 2 . A Special Use Permit for the purposes of constructing, maintaining, and operating a residential treatment facility at 2852 Independence Street, located on the following described property: A tract of land being all of Lots 2, 3 and 4 of Crites 1St Addition and a part of Out Lot 82, in the City of Cape Girardeau, Cape Girardeau County, Missouri, and being more particularly described as follows : Begin at a found 3/8 inch diameter iron rod marking the southeast corner of said Lot 4, said point being on the north line of Independence Street; thence with the north line of said street, south 89 degrees 56 minutes 00 seconds west 300 . 00 feet to a found 1� inch diameter iron rod and the southwest corner of Lot 2 of said Crites 1 Addition; thence with the west line of said Lot; north 00 degrees 04 minutes 00 seconds west 220 . 00 feet to a found 1-� inch diameter iron rod marking the northwest corner of said Lot 2; thence with the north line of said Lot north 89 degrees 56 minutes 00 seconds east 70 . 00 feet to a found 1� inch diameter iron rod; thence north 00 degrees 04 minutes 00 seconds west 212 . 95 feet to a found 1� rod and a point on the south right of way line of existing Whitener Street; thence with said south line, north 89 degrees 55 minutes 00 seconds east 230 . 00 feet to a found 1-� inch diameter iron rod; thence south 00 degrees 04 minutes 00 seconds east 432 . 95 feet to the place of beginning. is hereby granted to Community Counseling Center, to be effective ten (10) days after the date of passage and approval of this ordinance . The special use must comply with all regulations set forth in the Zoning Code for the district in which the use is located except those which have been specifically excepted under this permit, and all other applicable ordinances of the City of Cape Girardeau, Missouri, and any special conditions contained in the Special Use Permit, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference. The City Manager is hereby given the power to execute the Special Use Permit for and on behalf of the City of Cape Girardeau, Missouri . ARTICLE 3 . Attached hereto as Exhibit "B" and incorporated herein by reference is the formal Findings and Conclusions of the City Council . ARTICLE 4 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF , 2017 . Harry E . Rediger, Mayor ATTEST : Bruce Taylor, Deputy City Clerk 2 Exhibit A SPECIAL USE PERMIT Community Counseling Center is hereby granted a Special Use Permit for the purposes of constructing, maintaining, and operating a residential treatment facility at 2852 Independence Street, in the City and County of Cape Girardeau, Missouri, on the following described property for an indefinite period of time : A tract of land being all of Lots 2, 3 and 4 of Crites 1St Addition and a part of Out Lot 82, in the City of Cape Girardeau, Cape Girardeau County, Missouri, and being more particularly described as follows : Begin at a found 3/8 inch diameter iron rod marking the southeast corner of said Lot 4, said point being on the north line of Independence Street; thence with the north line of said street, south 89 degrees 56 minutes 00 seconds west 300 . 00 feet to a found 1� inch diameter iron rod and the southwest corner of Lot 2 of said Crites Addition; thence with the west line of said Lot; north 00 degrees 04 minutes 00 seconds west 220 . 00 feet to a found 1-� inch diameter iron rod marking the northwest corner of said Lot 2; thence with the north line of said Lot north 89 degrees 56 minutes 00 seconds east 70 . 00 feet to a found 1� inch diameter iron rod; thence north 00 degrees 04 minutes 00 seconds west 212 . 95 feet to a found 1� rod and a point on the south right of way line of existing Whitener Street; thence with said south line, north 89 degrees 55 minutes 00 seconds east 230 . 00 feet to a found 1-� inch diameter iron rod; thence south 00 degrees 04 minutes 00 seconds east 432 . 95 feet to the place of beginning. This Special Use Permit is granted upon the condition that the Applicant be bound by all City ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit . Upon the failure of the Applicant to comply with these special conditions, the Special Use Permit will automatically terminate and the City shall have the right to enter upon the land to abate such special use . SPECIAL CONDITIONS: 1 . This special use shall meet all applicable requirements of the Zoning and Development Codes . 2 . Major modifications to this special use shall require the approval of the City Council . 3 . This permit shall automatically expire twelve (12) months from the date of issuance if the use for which it was granted has not commenced. 4 . This permit is not transferable without the consent of the City Council . IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of 2017 . Scott A. Meyer, City Manager ATTEST : Bruce Taylor, Deputy City Clerk STATE OF MISSOURI ) ss . COUNTY OF CAPE GIRARDEAU ) On this day of 2017, before me appeared Scott A. Meyer, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed on behalf of said City by authority of its City Council, and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. Shonda Lancaster, Notary Public My Commission Expires : Exhibit B CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , 2017, the Cape Girardeau City Council considered the application for a Special Use Permit dated December 19, 2016 filed by Community Counseling Center for property located at 2852 Independence Street, Cape Girardeau, MO for the purposes of constructing, maintaining, and operating a residential treatment facility. In examining this application, the following factors were considered and found as noted: Yes No N/A City Council Findings: The Proposed Special Use Permit, with the Stated Conditions, would: 1. Substantially increase traffic hazards or congestion X 2. Substantially increase fire hazards X 3. Adversely affect the character of the neighborhood; X or in respect to special use permits for dwelling purposes where required, be adversely affected by the character of the neighborhood. 4. Adversely affect the general welfare of the community X 5. Overtax public utilities. X 6. Be in conflict with the comprehensive city plan X The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-401 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved Denied X Approved with conditions specified on attached Special Use Permit CITY OF CAPE GIRARDEAU, MISSOURI (SEAL) ATTEST: Mayor Deputy City Clerk CITY Off`CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Special Use Permit Application FILE INTO. 1349 LOCATION; 2852 Independence Street .STAFF VIEW COMMENTS. Garen Miller,representing the Community Counseling Center,is requesting a SLIP to allow a residential treatment facility in the R-4 zoning district at 2852 Independence Street. SEE STAFF REPORT FOR FURTHER INFORMATION. ATION. r_ City Planner Date t a.be CityE Atlorni y,.__. Date CITY AIANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION. City Manager s° Date Planning & Zoning Commission Public Hearing Posting Date. Public Hearing Date: 1/11/17 RECOMMENDED ACTION: Favor Oppose Abstain Favor Oppose Abstain Trae Bertrand E ® ® Scott McClanahan ,4 Larry Dowdy Er ® U Druce Skinner cf' Jeff Glenn ® ® Doug Spo®ler Devin Greaser R, ® Torn Welch Ei Patrick Koetting Uf ® Q t ,1 VOTE COUNT: 1 Favor 1 .:� Oppose Abstain COMMENTS: CITIZENS COMMENTING AT MEETING: Bruce Skinner Planning& Zoning Commission Secretary City Council Action Public Hearing Posting Date. Public Hearing Date: Ordinance I sr Reading Ordinance 2nd& 3Yd Reading. VOTE COUNT. Favor Oppose Abstain O ;NANCE # Effective Date- CITY CAPS GIIRARC)EAU DEVELOPMENT SERVICES STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner DATE: January 11, 2017 SUBJECT: Special Use Permit for a Residential Treatment Facility at 2852 Independence Street A Special Use Permit application has been submitted for the property at 2852 Independence Street. The property is zoned R-4 (Medium Density Multi-Family Residential) and contains an existing building with paved parking areas and other improvements. It was last occupied by Life Care Center of Cape Girardeau. The property was purchased by the Community Counseling Center for use as an adolescent development center and residential treatment facility. The development center is a permitted use in the R-4 district. The residential treatment facility is a special use. According to the applicant, no site changes are proposed. The existing building will undergo an interior renovation. The residential treatment facility will initially comprise 25% of the floor area and contain 16 beds. The remaining floor area will be used for the development center and future expansion of the residential treatment facility up to a total of 32 beds. It is estimated there will be 36 employees on the largest shift for the development center and residential treatment facility. Most of the clients will be transported by vans operated by the Community Counseling Center. Visitor traffic is expected to occur mostly on the weekends, when most of the employees are not working. The Zoning Code authorizes the City Council to approve Special Use Permits in accordance with Section 30-401. In order for a Special Use Permit to be approved, both the Planning and Zoning Commission and the City Council must consider and make findings of fact with regard to certain criteria. Staff has reviewed the criteria and made the following determinations: Criterion #1: The proposed special use will not substantially increase traffic hazards or congestion. Finding: This criterion is met. The applicant has indicated there are 51 existing parking spaces on the property. Based on the above information, the number of existing parking spaces exceeds the required minimum number of parking GI84AD\GS\ AS; 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org CITY CAPS GIIRARC)EAU DEVELOPMENT SERVICES spaces for the development center and residential treatment facility. The property has a well-functioning circulation system, including a drive at the front for dropping off clients. The property was previously used as a nursing home, which generated higher traffic and parking demands than the proposed special use. Criterion #2: The proposed special use will not substantially increase fire hazards. Finding: This criterion is met. The renovation will be compliant with the Fire Code. The proposed special use does not pose any significant fire risks. Criterion #3: The proposed special use will not adversely affect the character of the neighborhood. Finding: This criterion is met. The property is located in an area characterized by commercial and multi-family residential uses. The proposed special use is compatible with these uses. The exterior appearance of the building and site will not change, and the operation of the residential treatment facility will be similar to that of the nursing home. Criterion #4: The proposed special use will not adversely affect the general welfare of the community. Finding: This criterion is met. Both the development center and the residential treatment facility will provide valuable services to the community and be operated in a responsible manner. Criterion #5: The proposed special use will not overtax public utilities. Finding: This criterion is met. The property has existing utility services. The proposed special use will generate less demand for utilities than the previous use, which had far more residents. Based on the above findings, staff recommends approval of the Special Use Permit request, subject to the following conditions: 1. The special use shall conform to all applicable requirements of the Zoning and Development Codes. 2. Major modifications to the special use shall require the approval of the City Council. GI84AD\GS\ AS; 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org CITY CAPS GIIRARC)EAU DEVELOPMENT SERVICES 3. This permit shall automatically expire twelve (12) months from the date of issuance if the use for which it was granted has not commenced. 4. This permit is not transferable without the consent of the City Council. GI84AD\GS\ AS; 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org 2852 Independence Street Special Use Permit Request Special Use%Permit requested for residential treatment facility. / y 849 2s4s ; l' 3120 I Current Zoning District: R-4 (Medium Density Multi-family Residential) 2$54 u�yu 9 Future Land Use Recommendations High Density Residential ����'/X2854 � 2854 11w ,., �rll.„>',��lr�rK>rt(���//r%, 2854 /r'i,�y / i%� / ,�, jai%//i�///////iii /� JiiiTmp//;CIN / 9 t/ f Vii! 3120 2 63 � ,, , ilii i /����i /� f /�/� � J, 28 �� /� ,�/�, , �,. � 2863 �� 59 2867 8 ® 2867 : 3„ 9, , 286 125 I //0� %; +',r� ,,,;//f,' , ��, , ) / •28382838 ,��Ust, -4 Ali" 2838 R full�� 2842 2834 Ql i, 2874/i » frJ f 2842' r �>� � l j� Ali%�%��y%� ;><�,N � j� �1��� % � I ��y���� • •2842 X2842, a irusuuNuu 2834 � ����� ���f� �➢»� u,�! , , , 1 J1r 1 111 ! 1, �!4` �,5,4<n�1, , �,��� ���� �� ,, ,, , ,,,, �1��01i(//llti�111�1�J1➢I�l;1Jl/f>f'����fl rlf���ll��`i�,�'J�, �)��������i��l� ������ Legend fr�l'w E �i r '! �% 1 12857// �� // f 1 �J j .2 / `, / 2855«2 01 2852 Independence Street / a, 2852 i Parcels r HJ CITYO CAPE Zoning District G I R A R D E A U j IrJlfff f 1`f1/Jf%//%/ri 1� iii / r / C1 Created by: Development Services Carol Peters .... _ C2 December 27, 20169 r Source Esni iglfa /Getrna � JR4 / User rrGN"i'y r���, f%/ foommu�nity��� 2852 Independence Street Special Use Permit Request rf .• Special Use Permit requested for residential treatment facility. 2849 2849 3120 RCurrent Zoning District: -4 Medium Density Multi-family Residential 2854 % . Future Land Use Recommendation High Density Residential 285.4 /f ii 2858 •2854 ' . 2854 •.• 2854 ''�/i „ • /r% r r,,f;J l"i %/ %; r / 2858 2858 2858 11T 2858 r 2858 1,113311/7 i I I I' I� `rllr' II j I I i ll/,/< i /i/,/ G/ / , (�✓ i `i"V `"''''I f Whitener;;St%/�//ii. �,� U/ � /�%�, MOMM, f/ VW///0//1 rr, " 2863 9 / 12 367 ,�2863 ,2867 2859 2863 r // 2859 // 2867 ///,' ,2859 PO","' / ;' 2 67 ••' 2863 �� •�. 2867 ;; 2859 l/ �//// / / o r /i// • . . 2863 •,28592867 2863 / /, ia 2838 2838 is 283 2842 02838 D; 2842 2874 2842' 2834 2852 2842 ''2834 2842 / 283• 4%/i/ •2842 2834 r1 lyhY �l / lllillr%�l111�,1�11f1 X11 I / / f �l���f��,, cif DFNNN IIJ�� IYYgii V�v 14 , Legend W E / 2852 Independence Street � ' � /�//%%%%%///�, 2857 ,�''�/ 2855�2 �i 8 /% � %//% 'rr Parcels S �'yi r 2857 I I,Vii ,w°i��,�ill 4,�'"'ulll� CITYOCAPE Future Land Use ' rrr� High Density Residential = Institutional Created by: Development Services Carol Peters Low Density Residential December 27, 2016 source Esn � a� obe, �` r I ��� Medium Density Residential "mill elllrq"omm nityE �X,Getmap /�i Alf REZONING/SPECIAL USE PERMIT APPLICATION CITY Of CAPE GIRARDEAU aEa,. DEVELOPMENT SERVICES DEPARTMENT,401 INDEPENDENCE ST,CAPE GIRARDEAU,MO 63703(573)339-6327 Property Address/Location 2852 Independence Street Applicant Property Owner of Record (if other than Applicant) AGM, Inc. Community Counceling Centers Mailing Address City,State,Zip Mailing Address City,State,Zip 5115 Saint Charle Place Shrewsbury, MO. 63119 402 S. Silver Springs Road than Girardeau Telephone Email Telephone Email 3149606006 garen@garenmiller.com 573-382-5739 Iream@cccntr.com Contact Person (If Applicant is a Business or Organization) (Attach additional owners information, if necessary) --- _ -Garen-B Special Use Criteria(Special Use Permit requests only) Explain how the Special Use Permit request meets the criteria below. Attach additional sheets, if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. Clients served (adolescents)are not able to drive. Existing parking will satisfy staffing requirements, %A/hlch ie lace than nra iini is m inzinn hnma imp 2) The proposed special use will not substantially increase fire hazards. The existing use (nursing home) is the same use group as the proposed use (Institutional Use Group 9) 3) The proposed special use will not adversely affect the character of the neighborhood. The building will continue to be maintained. The use will not generate additional noise or polution. 4) The proposed special use will not adversely affect the general welfare of the community. This center currently exist within the community and is being relocated to this building. The use virdoc o me 'k no A-A c o An in>ho rnmrni 4" n rr� TIT —speciatuse wits no�overEax pubtic ut(C>les. Only 16 patient rooms will be reused, reducing sewer and water demands. ADDITIONAL ITEMS In addition to this completed application form,the following items must be submitted: REQUIRED —Application fee($135.00 payable to City of Cape Girardeau+additional$80 for Planned Development rezonings) _One(1)list of names and mailing addresses of adjacent property owners See Instructions for more _One(1)set of mailing envelopes,stamped and addressed to adjacent property owners information. _One(1)full size copy of a plat or survey of the property, if available One(1)full size set of plans,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,light poles, detention basins, landscaping areas,freestanding signs, etc. (Planned Development rezonings and Special Use Permits only) _Digital file of the plans in .pdf format(Planned Development rezonings and Special Use Permits only;can be emailed) One(1)set of Planned Development documents(Planned Development rezonings only) CERTIFICATIONS The undersigned hereby certifies that: 1) They are the Property Owner(s)of Record for the property described in this application; 2) They acknowledge that an approved Special Use Permit becomes null and void if the use for which the permit was granted does not commence within twelve(12)months of the approval date,unless an extension has been granted; and 3) They acknowledge that they are responsible for ensuring that all required licenses and permits are obtained prior to commencing any use or work on the property. Property Owner of Record Signature and Printed Name Date (Provide additional owners signatures and printed names in the space below, if applicable) The undersigned hereby certifies that they are an agent duly authorized by the Property Owner(s)of Record to file this application on their behalf, andZtha Owner(s)of Record hereby agree to the above certifications. A r atm 12/18/16 = _..._ Appli¢ nt�Signature and Printed Name Date Revised 08/11/2016 Legal Description A trast of land being all of Late 2,3< 4 of Crites�Isl Addition and a pad O(Cut ut L61 62,In the Myof Cape #raydea u,Cape Girardaeu County, Mfssoutl,and being mm parllcrlatly dDsaffied 89 follows,' Begin at found I inch diamstarlmn riod marking the saartheast comer Ofsald Lot 4;pfd point fat-ling°lin t3� naM Me of Independence tae ;th--nw Wth tha nonh As of Wd street,soulb 99 dagmas 56 r0 9O seconds west 3oua fact lam twnd j Inch dIamater Iraq rod and the southwed camarof Lot 2 of sold Cedes lora,;ftneewith tha west flneof said Lot;north 00 dogra=04 rnM4w Gftamda MO 2M.00 fast tra a found Y2 lnrh dlaroatarfr n aid naaaf na the northwest amarof said thencevAh ft north! of said Lot nw1h 89 degreas So mlmdas 00 sewnds east MOD fast W 9 inohd1arnoW bort rot QW48AGM 00 dagreas 04 rnlaula�00 seconds west 21Z95 lost to a WWI rzad end a�pelf�� a�aarallr al�Iaf of fine of exIsHM Whitener tq thence wIlh said south line,nmth 89 dopes 55 MIMIGS00 - - -- -- - _ r SwLkao degreas 04 Wnules 00 seconds awt 43295 feat to the place of bedWng, ;. This desvipflon MOM fimn the one within tho Ulla commilmni prepsred by t i *Natibmt Tiffs Insurance Company of New Yaaak bearing arra affe tau date of May 04,2M,SM p.m.,In dud It stalw all found In place at Me time ofthissarao padbMed an Jtar O I.2W& �The above desodbad lands am the saute is desodhed Witrin Uita comri lvmrd. pamdbyRdelltj a National,Mile insurance Company's Carnmitm ent No.d3OKS05797 bewfing an effeallve dale of May D4,20 , 5,00 P.M. 79 i Surrey of Site 1999' $3 — -- ----- --— i c� pa- tg 4d VE . ,.�:i UT 3^+tl9 Y1�Ttl«'t..3 � C.ta9 �� f LL^W&fb h03.➢ �H....-,..P .._.. i_!F3'�...._..�...... ..d'J.L�.T.. '1 �F _.�"„'8H, l / •=N L "f/M//ks dI epeh d L ctJ�,° (8.D' fi.9"7J'RdC `+K a�1�e 7>�D.t:.✓U'� .—.—.. �J g4���Y/t t�l �_ f I ��I � '� pp s V `l ...«,.. a< -��'�'� .. ^r IfY•.r �.._..'..-...._�.���»..-�•� .m _^��L_� .Fad' L 80 } --..................................._ .._.____._.._......_......_..__....._.._.........__._. .._.__...._..............-.._.__._...._...._.._._.__..._........................._..................... ------ IRA R IR R isio wilt'! l 1 i @ i 'a io ® mo B O O d S sb 3a to a ?a • a =® a a i0 a O M Y k° fU is ® �a IA is a O a a t h ;C 'w '-N �i? iwoi E oa s a o :, !Q ® g ® ® r ,® a ,® o a a o o SE-Cf4 lig V@ R m ! ilfi iD iIn P m I I C) t�ryy _ � - - _ ^i - e: t °- 'D S� !Ro m m c iQ it l� 'n z r [ sp i0 p n n p i EE S in In i 3 ;c ki_ 1<1 i F I 'a f r € ix i� < G c i + j s X I I I i I ri d ....'N ..p i I1 i IN !� f0 !a ;ar ! iJ �� w a w N 79 iA em im ! p ® t 3 m IT k im Q Q m zo m m rn p v a +v { ' 'z I� 'z z z m m I ft iQ Q Q 12 in ■ fs z `.z 'z '� ;" z z s f rn m im A !� m rn D' j iQ in m m p ? �, i imi6j i� m m m ,m ]rn @ m m F ?,�vp S7�pp ;per j� jp apn H 8 D ! nom., , Im Y @ D D D p m 'm =m �r < m m m m '� p !N eK p n i ices C o g s o ! it a A 3m 'n G ,c c ?c f G c c c jug 3 UO i is w w w Iw ``w v �w w w w 21 !O 10 :O kQ kpe N O W w O Xf \ 'o loO 13< i ica ;o ' im -0 N i € R °pIF, t ' :rt Im_.:1 ea vs Rr��a = i.._ t�-_-..x .___ -� � -1 1; .,r , KEYNOTES GM,INC H, LHT STRUCTURI-MEPCONS—TS CIVIL CONSULTANTS Sa X= L 'V RLE oiLm IP CkE OIP CIE E CCC COTTONWOOD Ell NORTH CAMPUS ...... Ell 2852 INDEPENDENCE RD C El (3, APE GIRARDEAU,MO 63703 1,0 El To .18".7 c Nly =11- cf- SHEET TITLE -ITTTTT DEMO PLAN z ———---------------------------------------------------------------------------- ----------------- MO PLAN-EXISTING GROUND FLOOR PLAN NOT FOR CONSTRUCTION PRELIMINARY D100 KEYNOTES GM INC ............ mo...... ...... Lai ra Ell FSI, Ell El El El El Ell 6T X: E, 21 A CIVIL CONS—TS To �E Ell 77 k. EP 'B rw mcmj -m GEZ- I El Ell El E El ❑El El El El 0; El T 49 E] V 4 d ENLARGED DEMO PLAN EXISTING NORTHWEST WING CCC COTTONWOOD NORTH CAMPUS 2852 INDEPENDENCE RD CAPE GIRARDEAU,MO 63703 ——CO--- 1-1—AIV 11111116 7DAT CO-1— f6, ENLARGED DEMO PLANS NOT FOR CONSTRUCTION PRELIMINARY D101 KEYNOTES GM INC Ni LOVIS,mo.63it9 LILL STRUCTURI-MEPCONS-TS CIVIL CONS-TS aL) fa�)1 I-D D-w 0-� r-1 Fn FF-1 pp !J N I I I =Lj�J1. El. uu o0 NORTH CAMPUS CCC COTTONWOOD ...........`� CAPE GIRARDEAU,MO 63703 D L L T itp......... ............ �ly CO-1- f6, LD Ln 6k DEMO REFLECTED F7CEILING PLAN 7r7 zID O^^-06 ................. _EXISTING REFLECTED CEILING PLAN /PRELIMIN RY 102 NOT F I ll,�-�I SHEET 5 KEYNOTES GM INC ;IIID "A.T....." STRUCTURIL&MEPCONSULTANTS CIVILLCONSULTANTS NMI" Z�' E CCC COTTONWOOD NORTH CAMPUS 2852 INDEPENDENCE RD CAPE GIRARDEAU,MO 63703 A, RM] 149k] 10,1,1,6CO-11101 111ILL-Al 111 40 2.1 FW C C w. W291 I M.'I El M.ATI Fir I E El .............. M6A" All l 77 SHEET TITLE PLAN I 0 iEs— As +------------- -------------+ FLOOR PLAN-GROUND P4eT FeR eeN6TRYeTiep4 PREHIll ............-] A100 KEYNOTES GM,INC O 0CPHL CONSULTANTS o © o a D o 05 o D o 0 a. a. _ o � CCC COTTONWOOD 0 0 � b � 0, NORTH CAMPUS E 2852 INDEPENDENCE RD Q CAPE GIRARDEAU,MO 63703 ------------------------------------------ FT O0N TFORC 111101i11EIL-Al FOT 10 o a - a a —1— m o a BEE,„LE DETAIL PLAN N 0 0 0 ;w ao o� AD r DETAIL PLAN-BATHROOMS&NURSE STATION DETAIL PLAN-RESTROOM&DAV AREA A101 KEYNOTES GM,INC Ni LOV 5,mo.63it9 &MEP CONS ff TS Cl-CONS—NTS II,� IIS IrJ . I ° �� �!� :� n CCC COTTONWOOD )'1�� 1JJJJJJJ�„ � � m •`�C��i �'�'� .� "� � � �I � ._� �� "7�,� NORTH CAMPUS 101� 1111 RD CAPE GIRARDEAUINDEPENDENCE MO 63703 -s10 I u III il - x111101 PRam Al s II ATI g�l / 0 Q ,a 0 m ilii oaf C,,.o ;;; „ FY e �I(ED1� f I P.R�M e,e� RE EF LECEC TED CEILING PLAN TL IL A102I REFLECTED CEILING PLAINGROUNDFLOOR KEYNOTES GM,INC w'.' Ni toVis,mo.63it9 lu. &ELEVATION-NORTH CIVIL CONSULTANTS ff j ELEVATION-SOUTH I CCC COTTONWOOD NORTH CAMPUS ELEVATION-EAST 3 - _ 2852 INDEPENDENCE RD o " CAPE GIRARDEAU,MO 63703 No/io aQ oN saV 0H/e ILu Aur 4 ELEVATION-WEST m/ SHEET TITLE ELEVATIONS NOT FOR CONSTRUCTION/PRELIMINARY A200 &'GM,,lNC. STRUCTU —2, ED { { T ELEV GIRLSRESTROOM 2 ELEV GIRLS RESTROOM S ELEV GIRLS RESTROOM 4 ELEV GIRLS RESTROOM 4A ELEV GIRLS RESTROOM CIVIL CONS—TS FEl S ELEV GIRLS RESTROOM 6 ELEVGIRLS RESTROOM ELEV-GIRLS RrESTROOM B ELEV-GIRLSRESTROOM P ELEV-GIRLS RR ADA SHOWER m CCC COTTONWOOD aU ELEV GIRL�RR ADA SHOWERy ELEV-GIRDS RR ADA SHOWER 12 ELEV GIRLS RR SHOWERy ELEV,GIRLS RR SHOWERy ELEV,GIRLS RR SHOWERy ELEV BOVSRESTROOMy ELEV BOVSRESTROOM NORTH CAMPUS 2852 INDEPENDENCE RD w CAPE GIRARDEAU,MO 63703 r NO/'o 1C-111101/PR¢m r Al /7 ELEV BOYS RESTROOM /\ ELEV BOYS RESTROOM /\ ELEV BOYS RESTROOM ,� ELEVELEV-BOV�RESTROOM 20 ELEV-,BOYS RESTROOM U - - v m r � Z so Mx usunu I -.� M.AT pU ELEV BOYSRESTROOM U ELEV BOYS RESTROOM 3S ELEV BOYS RR U ELEV�OVS RR U ELEV,BOVS RR U ELE BOYS RESTROOM U ELEV�OVS RESTROOM SHEET TITLE INTERIOR ELEVATIONS _ xff y NOT FOR CONSTRUCTION/PRELIMINAR A600 3B ELEV BOYS RESTROOM 39 DETAIL-TVPADA SINK I SHEET OF 18 KEY—E, 'GM INC LLL I�E] _`°" F - J) I — 1111I1" 111-1-1-11CONSUCTANTS ELEV-WOMEN/GIRLS RESTROOM ELEV- RESTROOMELEV-WOMEN/GIRLS RR El.E� N/GIRLS RR _ ELEV WOMEN/GIRLS RESTROOM ? _4E 40 I I CIVIL CONSULTANTS ........... ELEV ELEV MENS/BOYS RESTROOM au i -404EN/GIRLS RESTROOM ELEV S�RESTR..l �_�EN�Epl t % CCC COTTONWOOD NORTH CAMPUS ELEV MEN/BOYS RESTROOM ELEV��EN�ll RESTROOM ELEV MEN/BOYS RESTROOM UDETAIL—TILETRANS �EV TYP,PATIENTCLOSET ELEV TV.PATIENTCLOSET 2852 INDEPENDENCE RD CAPE GIRARDEAU,MO 63703 IOT 1916-111101 111IL—Al U., 12 ELEV-PATIENT ROOM ENTRY DOOR ELEV MEDS ROOM4 ELEV-MEDS ROOM 11 ELEV MEDS I CO-1— INTERIOR ELEVATIONS NOT FOR CONSTRUCTION PRELIMINARY A601 GM,INC NOTE:ALL ROOMS WILL BEillli PAINTEP WHITE, Ni Lois mo_nils STRUCTUR-1-MEPCONS—TS IN CIVIL CONS—TS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 KEY:il08RIN6FINISHES cm ® 10 ® ® ® ® ® ® cm ® ® ® ® ® ® ® HE IVT vsvrt D MtHMOARPETTILf BfRAMICTILf 2"x 2" ® F,2 11—REV BOOP ® ®° 0 IXISTINB TO REMAIN W. ®REPAIR fX,.TIN. _ c3 cm cm cm cm cm Im cm cm CCC COTTONWOOD NORTH CAMPUS .,7- ------ _4 2852 INDEPENDENCE RD CAPE GIRARDEAU,MO 63703 O ® ®o ® Dill D oRCOSrR—ONi1-1—ARV 0 0 00 00 0 0 0 _ Im < " m w� o � � � � ❑ � D D D D D C,. 0 0 „� ® ® ® ❑ R°M ® ® ® ®I ®II Q� ®�' ® FINISH SELECTIONS e w o ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ o o as 0 0 0 0 - o0 00 00 00 00 000 oo. PLAN,GROUND FLOOR PLAN FINISH SELECTIONSNOT F FS100 Sec. 30-325. - R-4, medium density multifamily residential district. (a) Purpose. The R-4 district provides for multifamily dwellings and other residential uses with a maximum density of eighteen (18) units per one (1) acre. Single-family and two-family(duplex) dwellings are permitted in order to accommodate existing R-4 zoned lots that either contain such uses or are not large enough to be developed for multifamily dwellings. It is not intended for new single-family or two-family subdivisions, which are prohibited. (b) Permitted uses. (1) Single-family detached dwellings, with only one (1) dwelling per lot, and excluding new single-family subdivisions. (2) Two-family(duplex) dwellings, excluding new two-family subdivisions. (3) Multifamily dwellings. (4) Townhouses. (5) Cluster subdivisions, as permitted elsewhere in the City Code. (6) Nursing homes, senior citizen housing and retirement homes. (7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and/or outdoor recreational facilities, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners association. (8) Public parks, playgrounds, and recreational facilities. (9) Police and fire stations. (10) Elementary, middle and secondary schools, and development centers for elementary, middle and secondary school age children with physical, mental or developmental disabilities. (11) Commercial day cares. (c) Permitted uses (accessory). (1) Private garages, carports and accessory buildings, as permitted in section 30-403, supplemental regulations. (2) Home occupations, as permitted in section 30-405, supplemental regulations. (3) Solar energy systems, as permitted in section 30-410, supplemental regulations. (d) Special uses. (1) Bed and breakfasts. (2) Cemeteries, on a minimum of ten (10) acres of land. (3) Transitional housing. (4) Wind energy conversion systems, as permitted by section 30-410, supplemental regulations. (5) Residential treatment facilities. (6) 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. (e) Height, area, bulk and setback regulations. (1) Maximum height. Five (5) stories not to exceed sixty(60)feet. (2) Minimum lot area: a. Each townhouse must be on a separate platted lot consisting of at least one thousand four hundred (1,400) square feet. b. All other uses: Three thousand seven hundred fifty(3,750) square feet. (3) Maximum density. Eighteen (18) units per one (1) acre. Higher densities may be approved with a cluster subdivision, as permitted elsewhere in the City Code. (4) Minimum lot width: a. Each townhouse:Twenty(20) feet. b. All other uses: None. (5) Minimum yard requirements: a. Front yard: 1. Each townhouse:Ten (10) feet. 2. All other uses:Twenty-five (25)feet. b. Rear yard: 1. Each townhouse:Twenty(20)feet. 2. All other uses:Twenty-five (25)feet. c. Side yard: 1. Each townhouse: None. 2. All other uses: Five (5) feet. (6) Maximum building coverage, including accessory buildings: Fifty(50) percent of the lot for all uses except townhouses. (7) Open space requirements. For any multifamily residential uses or nonresidential uses, a minimum of twenty(20) percent of the total lot area shall be devoted to open space, including required yards and bufferyards. (Ord. No. 4760, art. 1, 9-14-15) Editor's note— Ord. No. 4760, art. 1, adopted Sept. 14, 2015, repealed the former § 30-325, and enacted a new section as set out herein. The former § 30-325 pertained to similar subject matter and derived from Ord. No. 4109, art. 2, adopted March 1, 2010; Ord. No. 4149, art. 4, adopted Aug. 16, 2010; and Ord. No. 4206, arts. 7, 11, adopted March 7, 2011. Sec. 30-401. - Special use permits. (a) Purpose. Subject to the provisions of this section, the city council may by ordinance on its own motion or on application grant a special use permit for the special uses specifically identified in each zoning district from which the uses are otherwise prohibited by this chapter.The city council shall impose appropriate conditions and safeguards for the issuance of the special use permit, which may include a specified period of time for the permit, a limitation of the persons who may carry out such use, and limitations upon or requirements for the size or design of buildings and other improvements upon the property, all for the purpose of conserving and protecting property and property values in the neighborhood. (b) Application for special use permit. Applications for special use permits shall be made and processed in the same manner as provided in section 30-206 relating to applications for district changes. (1) The city council shall determine whether such building or use will: a. Substantially increase traffic hazards or congestion; b. Substantially increase fire hazards; c. Adversely affect the character of the neighborhood; d. Adversely affect the general welfare of the community; and e. Overtax public utilities. (2) If the council's finding is negative as to all the subject referred to in this section, the application may be granted; if affirmative as to any subject, then such special use permit shall be denied. (3) Any proposed special use shall otherwise comply with all the regulations set forth in this chapter for the district in which such use is located. (Ord. No. 4109, art. 2, 3-1-10) --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: Bruce Taylor, Deputy City Clerk AGENDA ' 1 ' Agenda: 2/6/2017 Cape Girardeau City Council --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SUBJECT Appointment of two members to the Golf Course Advisory Board for terms expiring January 18, 2020. EXECUTIVE SUMMARY --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Two positions on the Golf Course Advisory Board are set to expire January 18, 2017. These positions are presently held by James Hasting and Callie Welker. Mr. Hasting has served three full terms on the board and is no longer eligible to serve due to term limits. Ms. Welker has expressed interest in reappointment. A copy of the board roster and attendance roster are attached for your reference. BACKGROUND/DISCUSSION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- According to Section 18-53(a) of the City Code, "A person appointed to the municipal golf course board shall be c taxpayer and qualified voter of the City. One (1) member of the municipal golf course advisory board shall be c member of Cape Jaycees and designated by that organization as its representative on the golf course advisor board. "Mr. Robbie Guard serves as the Jaycee representative. The following individuals have expressed an interest in serving on the board, and their advisory boarc applications are attached. Thomas Benton Mark Moore Berry Burge Judith Anne Lang David Cantrell Kenneth Stilson Mark Dirnberger Robert Vazquez Jeff Green Callie Welker Charles Heady Gary Wren STAFF RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- It is recommended that two appointments be made to the Golf Course Advisory Board for terms expiring January 18, 2017. BOARD OR COMMISSION RECOMMENDATION --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ATTACHMENTS: IN a rn•ne: Desciril IpHiam U roster attendance.golf. Golf BoairdAaeindence IRos�er || Golf Board roster.doc GolfBoaird IRoo�er L| Benton.Thomas. Bein�on. Thomeo || Buirge. Berry ||cantrell.David.10 CantreU. Davild U Dirnberger.Mar Dmbeirger. Meirk || Heady.Charies. Heady, Charles L| Gneen. Jeff || JudithAnneLaing || Stilson.Kenneth. Gti|oon. Kenneth || IMloore. Mark L-1 Vezquez. IRobed L| Welker, CeUie GOLF COURSE ADVISORY BOARD Attendance Record Ordinance effective 4/13/00 X=present,A=absent 2016 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 1st 2nd 3rd termi- 4#h Thursday 28 25 24 28 26 23 28 25 22 27 24 8 letter letter letter appt'ed Hated Cooper, Brandon P P P P P P P P 02/01/16 Ervin,Mark P P P E P P A P P Farrar,Eugene P A A ■ P A P P P ■ 7/7/2016 Grim,Jerry P P P ` P P P P P Hastings,James P A P A P P A P 09/16/16 03/11/16 Hudson,Seth P P P E P A A P A 08/08/16 11/28/16 Sander, Keith P P P P P P A P Schulz,Joshua J P A A P P P A N P • 09/16/16 Welker,Callie P P P P P P A jgLL P 2015 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 1st 2nd 3rd termi- 4#h Thursday 22 26 26 23 28 25 23 26 17 22 26 3 letter letter letter appt'ed nated Brey,Jerry P A P Passed Agway 04/10/15 Ervin,Mark A P P P P P P P N P Farrar,Eugene A P A P A P P o P p Fehr, Richard P P P P P P P A ■ 12/31/15 Grim,Jerry P P P A P P P M A KA Guard, Robbie P A P A P P R s gnAS1mne, ," 5 06/30/15 Hastings,James P P P P A A P E P Hudson,Seth P P P P A A P T A Sander, Keith P P P P P P P A T Schulz,Joshua J Appointed August 3,2015 P ■ Welker,Callie Appointed May 4,20151 P I P P P CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees December 19, 2016 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. Golf Course Advisory Board Date Appointed Date Reappointed Term Expires Callie Welker May 4, 2015 --- January 18, 2017 James Hastings, Chairman July 18, 2005 1/7/08; 1/25/11; 02/03/14 January 18, 2017 Council member, ex-officio Seth Hudson October 6, 2014 --- September 4, 2017 Joshua J Schulz (Jaycees) August 3, 2015 --- September 4, 2017 Eugene Farrar July 18, 2011 11/7/11; 11/17/14 November 12, 2017 Brandon Cooper February 1, 2016 ---- November 12, 2018 Jerry Grim October 15, 2012 11/2/15 November 12, 2018 Mark Ervin November 18, 2013 11/7/16 November 12, 2019 Keith Sander November 17, 2014 11/7/16 November 12, 2019 Serve three year terms, appointed by City Council. One member shall be a member of Cape Jaycees and designated by that organization is its representative. Regular meetings held fourth Thursday at Noon at the A.C. Brase Arena. Parks and Recreation Director and Golf Course Superintendent meet with Board. A City Council Member may serve as liaison. Staff contact—Julia Thompson,Parks&Recreation Director 339-6340. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Staff: AGENDA ' 1 Agenda: 2/6/2017 Cape Girardeau City Council --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SUBJECT Advisory Board Minutes ■ Planning and Zoning Commission Minutes ■ SEMPO Technical Planning Commission Minutes ATTACHMENTS: Narn•ne: Desciriilrrotiieam ❑ PZ-Minutes-01-11 17 D AFT.pdf f="Ilaininiiineg and Zoning Coirn•nirn•niissilon I ❑ SEMPO Minutes TPC 2017 01 04 D AFT.pdf SIf.:::IMllf="O Tedhiniicalll If::Iianniinag Coirn•nirn•niiIfte I CITY of CAPE GIRARDEAU PLANNING & ZONING COMMISSION G PLANNING AND ZONING COMMISSION )� MEETING MINUTES n January 11, 2017 City Hall — Council Chambers Present: Trae Bertrand, Larry Dowdy, Jeff Glenn, Kevin Greaser, Patrick Koetting, Scott McClanahan, Bruce Skinner, Doug Spooler, Thomas J. Welch Absent: None Staff Present: Carol Peters, Ryan Shrimplin Call to Order: Chairman Bertrand called the meeting to order at 7:00 p.m. The minutes of the December 14, 2016 meeting were unanimously approved upon motion made by Mr. Greaser and seconded by Mr. Dowdy. Nicolette Brennan, Public Information Manager, gave an overview of the various channels the City uses to keep the public informed of meetings, events, programs, projects, and services. She invited the Commissioners to contact her and share comments or suggestions on ways to improve communication between the City and the public. Election of Officers A motion was made by Mr. Dowdy and seconded by Mr. Spooler to elect Mr. Bertrand as Chairman, Mr. Glenn as Vice-Chairman, and Mr. Skinner as Secretary. The motion passed by a unanimous vote. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. Chairman Bertrand informed the Commission that Scott Rhodes has requested the public hearing on his request to rezone property at 201, 205, 207, 209, 211, 213, and 215 South Kingshighway from the C-2 (Highway Commercial) district to a PD (Planned Development) district and for the approval of a Preliminary Development Plan be continued to the Commission's February 8, 2017 meeting. A motion was made by Mr. McClanahan and seconded by Mr. Koetting to continue the public hearing to the February 8, 2017 Planning & Zoning Commission meeting. The motion passed with a vote of 9 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Greaser, Koetting, McClanahan, Skinner, Spooler, Welch) 2. A public hearing was held on the request of Garen Miller, representing the Community Counseling Center, for a Special Use Permit to allow a residential treatment facility in the R-4 (Medium Density Multi-family Residential) District at 2852 Independence Street. Mr. Garen Miller, architect for the project, stated the Community Counseling Center's Cottonwood Treatment Center is currently located on Sprigg Street. Due to the condition of the current building, the Community Counseling Center would like to move the facility to the proposed location. The plans are to use approximately 25% of the building for a 16-bed City of Cape Girardeau Planning &Zoning Commission Meeting Minutes January 11, 2017 Page 2 of 5 adolescent residential treatment facility; the remaining 75% will be used for an out-patient adolescent development center and future expansion of the residential treatment facility. Patients of the residential treatment facility, up to seventeen (17) years of age, will be under constant supervision. Patients of the development center will be transported by bus from local schools. A staff report was submitted to the Commission, containing the following findings of fact: Criterion #1: The proposed special use will not substantially increase traffic hazards or congestion. Finding: This criterion is met. The applicant has indicated there are 51 existing parking spaces on the property. Based on the above information, the number of existing parking spaces exceeds the required minimum number of parking spaces for the development center and residential treatment facility. The property has a well-functioning circulation system, including a drive at the front for dropping off clients. The property was previously used as a nursing home, which generated higher traffic and parking demands than the proposed special use. Criterion #2: The proposed special use will not substantially increase fire hazards. Finding: This criterion is met. The renovation will be compliant with the Fire Code. The proposed special use does not pose any significant fire risks. Criterion #3: The proposed special use will not adversely affect the character of the neighborhood. Finding: This criterion is met. The property is located in an area characterized by commercial and multi-family residential uses. The proposed special use is compatible with these uses. The exterior appearance of the building and site will not change, and the operation of the residential treatment facility will be similar to that of the nursing home. Criterion #4: The proposed special use will not adversely affect the general welfare of the community. Finding: This criterion is met. Both the development center and the residential treatment facility will provide valuable services to the community and be operated in a responsible manner. Criterion #5: The proposed special use will not overtax public utilities. Finding: This criterion is met. The property has existing utility services. The proposed special use will generate less demand for utilities than the previous use, which had far more residents. Based on the above findings, staff recommended approval of the Special Use Permit request, subject to the following conditions: City of Cape Girardeau Planning &Zoning Commission Meeting Minutes January 11, 2017 Page 3 of 5 1. The special use shall conform to all applicable requirements of the Zoning and Development Codes. 2. Major modifications to the special use shall require the approval of the City Council. 3. This permit shall automatically expire twelve (12) months from the date of issuance if the use for which it was granted has not commenced. 4. This permit is not transferable without the consent of the City Council. Chairman Bertrand opened the public hearing. Mark and Joy Auer, 8 South Pindwood Lane, asked if residents of the facility have criminal records, and what qualifies an adolescent for the facility. Mr. Larry Ream, Community Counseling Center, responded by stating most of the youth come from other centers, foster homes, or homes in which the parents can no longer cope with them. He further stated the facility will have a security system so all doors and rooms will be visible by staff members at all times. Mrs. Auer asked what notification actions were taken to inform the surrounding property owners and residents of the public hearing. Mr. Shrimplin explained that the City Code only requires a notice of the City Council's public hearing to be published in a local newspaper at least 15 days prior to the hearing date. As a standard practice, City staff have provided other means of notification that are not required, such as mailing a notice to each adjacent property owner and posting a sign on the property. Seeing no other appearances to speak, Chairman Bertrand closed the public hearing. Mr. Skinner stated he has no concerns with the proposed use, as he has worked near the current Cottonwood Treatment Center for nearly 20 years and had no issues with its residents. Chairman Bertrand stated he used to live next to the current facility and also had no issues. A motion was made by Mr. Skinner and seconded by Mr. Koetting to recommend approval of the request of the Community Counseling Center for a Special Use Permit to allow a residential treatment facility in the R-4 (Medium Density Multi-family Residential) district at 2852 Independence Street, subject to the conditions listed in the staff report. The motion passed with a vote of 9 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Greaser, Koetting, McClanahan, Skinner, Spooler, Welch) 3. A public hearing was held on the request of Scott Blank for an exception from Development Code Section 25-910(a), sidewalks, in the Silverthorne Subdivision. Mr. Scott Blank, 1878 Silverthorne Trail, represented the subdivision residents. Mr. Blank explained to the Commission that he has lived in the subdivision for approximately two (2) years, but the subdivision has been in existence since 2003. In October, 2016, he and other residents of the subdivision received a letter from Anna Kangas, Building and Code Enforcement Manager, informing each of them that they were required to install a sidewalk across the front of their lot at the time their home was built. This requirement, however, was not stated on the building permits when they were issued, and the City did not inform them of the issue until now. Mr. Blank then pointed out that Section 25-910(a) indicates the City Manager may waive the sidewalk requirement if there are no existing sidewalks within five hundred (500) feet of the street or property, or if there are existing topographical constraints on the street or property which would make installing sidewalks not feasible. He stated there are no sidewalks within 500 feet of the subdivision, and some of the lots in the subdivision are unbuildable due to steep slopes. In addition, there are utility lines in the area where the City of Cape Girardeau Planning &Zoning Commission Meeting Minutes January 11, 2017 Page 4 of 5 sidewalks are required. A staff report was submitted to the Commission, containing the following findings of fact: Criterion #1: As part of the exception request, a "substantial equivalent" is proposed. "Substantial equivalent" means an alternate design, method or feature that accomplishes the same purpose as the applicable Development Code requirement. Finding: Neither the applicant nor staff were able to identify a "substantial equivalent". Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Finding: Without a "substantial equivalent", approval of the exception request would be inconsistent with the general spirit and intent of the Development Code. Based on the above findings, staff recommended denial of the exception request. Chairman Bertrand opened the public hearing. He asked if any residents of the subdivision want the sidewalks. Mr. Blank stated he was not aware of any, but he noted there is one property in the subdivision with an existing sidewalk. Mr. John Humphrey, 1938 Silverthorne Trail, explained that the one sidewalk that was installed does not meet the City's standards for residential sidewalks. Mrs. Joan Roth, 1833 Silverthorne Trail, stated all of the lots in the subdivision have been sold. Some of the lots were purchased by adjoining property owners because the lots were unbuildable. She continued by stating if sidewalks are required when the lots are developed, then the sidewalks will never connect in some locations because those lots will never be developed. Seeing no other appearances to speak, Chairman Bertrand closed the public hearing. Mr. Shrimplin stated staff recommended denial of the request because the application submitted for the sidewalk exception did not identify a substantial equivalent. He added that if the request were to be denied by the Commission, the residents could still ask the City Manager to waive the requirement for the reasons stated by Mr. Blank. Chairman Bertrand explained that although he understood the basis for denial, he felt this was a unique situation due to the lack of existing sidewalks in the subdivision and the number of unbuildable lots which would prevent a complete sidewalk system from ever being established. Mr. Skinner inquired if residents in other subdivisions were receiving similar letters from Mrs. Kangas. Mr. Shrimplin stated he was not aware of any letters being sent to residents in other subdivisions. A motion was made by Mr. Glenn and seconded by Mr. McClanahan to approve the exception request to forego sidewalks in Silverthorne Subdivision. The motion passed with a vote of 9 in favor, 0 in opposition, and 0 abstaining. (Aye: Bertrand, Dowdy, Glenn, Greaser, Koetting, McClanahan, Skinner, Spooler, Welch) SUBDIVISION PLATS 4. The record plat of Humphrey 2 d Subdivision, located at the southeast corner of Boulder Crest Drive and Silverthorne Trail, was reviewed by the Commission. Mr. Greaser recused himself from the discussion and vote for business reasons. Mr. John Humphrey, applicant, City of Cape Girardeau Planning &Zoning Commission Meeting Minutes January 11, 2017 Page 5 of 5 informed the Commission that the property was originally two lots which were combined into one lot in 2014. The lots were combined to meet zoning requirements for an accessory structure that was planned at the time. The structure has since been removed, so he would like to re-subdivide the lot back into two lots. The staff report recommended approval. A motion was made by Mr. Dowdy and seconded by Mr. Koetting to recommend approval of the Humphrey 2nd Subdivision record plat. The motion passed with a vote of 8 in favor, 0 in opposition, and 1 abstaining. (Aye: Bertrand, Dowdy, Glenn, Koetting, McClanahan, Skinner, Spooler, Welch;Abstain: Greaser) OTHER ITEMS AND COMMUNICATION Proposed Amendment to Development Code, Article VI — Fences A proposed amendment to Article VI of the Development Code (Chapter 25 of the City Code) was reviewed by the Commission. Mr. Shrimplin explained that the amendment modifies the existing fence regulations and provides additional requirements. He reviewed the proposed changes with the Commission. Due to the number of changes, the Commission decided to continue its review at the February 8, 2017 Planning & Zoning Commission meeting. Staff Communication Mr. Shrimplin informed the Commission that staff will be issuing a Request for Qualifications for updating the City's Comprehensive Plan. Adjournment Upon motion made by Mr. Koetting and seconded by Mr. Skinner, the Commission voted unanimously to adjourn the meeting at 8:00 p.m. Respectfully submitted, Bruce Skinner Secretary Sauthea�st SEMPO etroppli an rainizatian TECHNICAL PLANNING COMMITTEE MEETING MINUTES 0 January 4, 2017 O Osage Centre — Cape Girardeau Technical Planning Committee Members Present: Mrs. Elquin Auala, Missouri Department of Transportation (MoDOT) Mr. David Blalock, Bootheel Regional Planning & Economic Development Commission (Bootheel RPC) Mr. Rodney Bollinger, City of Jackson Mr. Drew Christian, Southeast Missouri Regional Planning & Economic Development Commission (SEMO RPC) Mr. Curtis Jones, Illinois Department of Transportation (IDOT) Mr. Jared Jurnigan, Missouri Department of Transportation Mr. Joe Killian, Missouri Department of Transportation Mr. Bruce Loy, Cape Girardeau Regional Airport Mr. John Mehner, Cape Girardeau Area MAGNET Mr. Brian Okenfuss, Missouri Department of Transportation Mr. Larry Payne, Cape Girardeau Area Chamber of Commerce Transportation Committee Mrs. Betsy Tracy, Federal Highway Administration (via conference call) Ms. Janette Vomund, Missouri Department of Transportation (via conference call) Mrs. Eva Voss, Missouri Department of Transportation (via conference call) Mrs. Kelley Watson, Cape Girardeau County Transit Authority (CTA) Staff Present: Mr. Ryan Shrimplin, City of Cape Girardeau Mrs. Kelly Green, KLG Engineering Call to Order Chairman Payne called the meeting to order at 11:00 a.m. Introductions The group went around the room, with each person giving a brief introduction. Public Comments There were no public comments. Adoption of Agenda The agenda of the January 4, 2017 Technical Planning Committee Meeting was unanimously approved for adoption upon motion made by Mr. Mehner and seconded by Mr. Bollinger. Southeast Metropolitan Planning Organization TPC Meeting Minutes 4� f January 4, 2017 Page 2 of 3 Approval of Minutes The minutes of the December 7, 2016 Technical Planning Committee Meeting were unanimously approved upon motion made by Mr. Bollinger and seconded by Mr. Christian. Communications from the Chairman There were no communications from the Chairman. New/Unfinished Business • FY 2016-2019 Transportation Improvement Program Amendment No. 3 - Discussion Mr. Christian presented Amendment No. 3 to the FY 2016-2019 Transportation Improvement Program (TIP). He stated the amendment consists of one change, which is adding the City of Cape Girardeau's Independence Street Sidewalk — Gordonville Road/East Rodney Drive to Cape LaCroix Trail Project. The project was recently selected for Transportation Alternatives Program (TAP) funding. Mr. Shrimplin explained the process and stated that the TPC will need to release the amendment in February for public comment. MoDOT and ONE DOT must review the amendment first. • Contingency Project/Needs List - Discussion Mr. Shrimplin presented an updated Contingency Project/Needs List based on input obtained at the previous meeting. The Committee provided additional updates and decided to keep the ranking as-is for now. Member Reports At the request of Chairman Payne, Mrs. Green gave a brief background of her professional experience and a summary of the services she will be providing for SEMPO as part of her contract with the City of Cape Girardeau. Mr. Shrimplin gave an update on the City of Cape Girardeau's transportation projects, including the Independence/Gordonville roundabout, Bloomfield Road Phase 5, the South Sprigg Street bridge, and Veterans Memorial Drive Phase 5. Mr. Bollinger gave an update on the City of Jackson's transportation projects, including the Hubble Creek Recreation Trail, the TEAP-funded study of two intersections along Main Street, an update to the Comprehensive City Wide Traffic Study, Uptown Historic District Lighting, and US 61 sidewalk and lighting improvements. Mrs. Watson discussed the replacement fleet vehicles and new dispatch software. Mr. Loy stated that the airport's lighting and runway rehabilitation projects are on hold until spring. Mr. Christian mentioned that the RPC's TAC meeting will be held on January 11, 2017. Also, he received communications that there will be a Transit Compliance Workshop on January 26, 2017 in Sikeston, MO. Southeast Metropolitan Planning Organization TPC Meeting Minutes 4� f January 4, 2017 Page 3 of 3 Mr. Blalock stated the CDBG grant cycle for street and drainage improvements runs through the end of March. Mr. Mehner discussed the progress on the Veterans Memorial Drive extension through the Midamerica Hotels parcel. He stated the Transportation Development District (TDD) was recently approved, but the applicants requested removal of funding for a traffic signal. The TDD Board will primarily consist of representatives of Midamerica Hotels and the City of Cape Girardeau. Mr. Okenfuss discussed recent crash statistics and proposed legislation that is currently being discussed in Jefferson City. He also mentioned the Citizen's Guide to Transportation Funding is now available on MoDOT's website. Mrs. Auala stated there were twelve TAP applications submitted for projects in MoDOT's Southeast District and seven of those were selected. Mr. Killian discussed the recent STIP development in process. He stated the Southeast District is working on scoping for the Exit 93 interchange. Mr. Jones mentioned that IDOT's Bureau Chief is retiring. Mrs. Voss gave a reminder that SEMPO's Listing of Federally Obligated Projects is due within 90 days of the end of each fiscal year. Mr. Christian indicated he will get started on preparing the list. Mrs. Voss also inquired about the status of the regional bicycle and pedestrian plan. Mr. Shrimplin stated the City of Cape Girardeau is finalizing the on-call agreements with the selected consultants. Once this is complete, staff will select a consultant to discuss preparing a proposal for review by the TPC. If the TPC is not comfortable with the selected consultant, staff will contact another consultant and request a proposal. Other Business and Communications There were no other business and communications. Adjournment Upon motion made by Mr. Mehner and seconded by Mr. Killian, the Committee voted unanimously to adjourn the meeting at 11:45 a.m. Respectfully submitted, Kelly Green