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06-19-2017.Regular
Harry E. Rediger, Mayor Joseph Uzoaru, Ward 1 Shelly Moore, Ward 2 Victor Gunn, Ward 3 Robbie Guard, Ward 4 Bob Fox, Ward 5 Wayne Bowen, Ward 6 June 19, 2017 Study Session 5:00 p.m. Items for Discussion • Planning and Zoning Commission Report • Parks and Recreation Month Proclamation • Discussion regarding City Council Ward 6 temporary position • Appearances regarding items not on the agenda • Agenda review No action will be taken during the study session Closed Session Items for Discussion City Council Chambers City Hall 401 Independence Cablecast on: City Public Access Channel 993 www.cityofcapegirardeau.org • Legal actions and litigation, confidential communications with legal counsel, and property transactions, pursuant to RSMo. Sections 610.021 (1), and (2). The City Council of the City of Cape Girardeau, Missouri, may, as a part of a study session or regular or special City Council meeting, hold a closed session to discuss legal actions, causes of legal action or litigation, leasing, purchasing or sale of real estate, hiring, firing, disciplining, promotion of personnel, employee labor relations, or confidential or privileged communications with its attorneys. Specifically, the City Council will hold a closed session to discuss legal actions and litigation, confidential communications with legal counsel, property acquisition, and personnel matters, pursuant to RSMo. Sections 610.021(1), 610.021(2), and 610.021(3). Regular Session 7:00 PM Invocation Leonard Cook of St. John the Theologian in Cape Girardeau. Pledge of Allegiance Call to Order/Roll Call Adoption of the Agenda Presentations Communications/Reports • City Council • Staff Public Hearings 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. 1. Approval of the June 5, 2017, City Council regular session and closed session minutes. 2. BILL NO. 17-63, an Ordinance amending Chapter 15 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding Taxicabs and Transportation Network Companies. Second and Third Readings. 3. BILL NO. 17-74, an Ordinance renaming a portion of Kiwanis Drive to Maria Louise Lane, in the City of Cape Girardeau, Missouri. Second and Third Readings. 4. BILL NO. 17-75, an Ordinance accepting a Permanent Utility and Drainage Easement for 2005 Evergreen Drive, and a Permanent Drainage Easement for 2009 Evergreen Drive, in the City of Cape Girardeau, Missouri. Second and Third Readings. 5. BILL NO. 17-77, an Ordinance authorizing the City Manager to execute a Wayfinding Signing Agreement with the Missouri Highways and Transportation Commission, for placing wayfinding signage on MoDOT right-of-way, in the City of Cape Girardeau, Missouri. Second and Third Readings. 6. BILL NO. 17-78, an Ordinance vacating the northernmost public alley right-of-way running east from Missouri Avenue to Scherer Lane rights-of-way and lying between Mississippi Street and New Madrid Street rights-of-way, in the City of Cape Girardeau, Missouri. Second and Third Readings. 7. BILL NO. 17-80, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of property located at 600 Highland Drive, in the City and County of Cape Girardeau, Missouri, from R-3 to R-2. Second and Third Readings. 8. BILL NO. 17-83, an Ordinance authorizing the City Manager to execute a Transportation Planning Consolidated Grant Agreement with the Missouri Highways and Transportation Commission for Southeast Metropolitan Planning Organization expenses. Second and Third Readings. 9. BILL NO. 17-84, an Ordinance adopting the annual operating budget for the City of Cape Girardeau, Missouri, for the fiscal year beginning July 1, 2017. Second and Third Readings. 10. BILL NO. 17-85, an Ordinance authorizing the Mayor to execute a Special Warranty Deed to SEMO Legends, LLC, for property along North Sprigg Street, in the City of Cape Girardeau, Missouri. Second and Third Readings. 11. BILL NO. 17-86, an Ordinance establishing utility rates for the City of Cape Girardeau, Missouri, by amending Chapter 22 relating to solid waste fees and Chapter 29 relating to sewer and water rates. Second and Third Readings. 12. BILL NO. 17-87, an Ordinance approving the record plat of Collins Mill Subdivision - Phase 1. Second and Third Readings. 13. BILL NO. 17-90, a Resolution authorizing the City Manager to execute a License and Indemnity Agreement with Tottenham Investments, LLC, to install awnings located at 115 Broadway, in the City of Cape Girardeau, Missouri. Reading and Passage. 14. BILL NO. 17-91, a Resolution authorizing the City Manager to execute an agreement with Kenneth E. Foeste Masonry, Inc., for the Masonry for Arena Park Restrooms Project, in the City of Cape Girardeau, Missouri. Reading and Passage. 15. BILL NO. 17-93, a Resolution authorizing the City Manager to execute one T -Hangar Lease Agreement and Eleven Hangar Lease Agreements at the Cape Girardeau Regional Airport. Reading and Passage. 16. BILL No. 17-94, a resolution authorizing the City Manager to execute a Lease Agreement with Elite Avionics Services, LLC, at the Cape Girardeau Regional Airport. Reading and Passage. 17. Acceptance of public improvements to serve Habitat for Humanity, located at 1411 Clark Avenue. 18. Acceptance of public improvements to serve Collins Mill Subdivision Phase 1. Items Removed from Consent Agenda New Ordinances 19. BILL NO. 17-89, an Ordinance amending Schedule W of Section 26-137 of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to Truck Routes. First Reading. 20. BILL NO. 17-92, an Ordinance amending Schedule T of Section 26-260 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by establishing handicapped parking along a portion of Main Street. First Reading. 21. BILL NO. 17-95, an Ordinance approving the record plat of Cape West Village Fourth Subdivision. First Reading. 22. BILL NO. 17-96, an Ordinance approving the record plat of Edgewood Highlands Subdivision Phase 9. First Reading. 23. BILL NO. 17-97, an Ordinance appropriating funds for operating expenditures, capital expenditures and transfers for the fiscal year ending June 30, 2017, in the City of Cape Girardeau, Missouri. First Reading. Appointments 24. Appointment to the Public Library Board of Directors Other Business Meeting Adjournment Memos • Appointment to the Historic Preservation Commission • Appointment to the Tree Board Advisory Board Minutes • Advisory Board Minutes Staff: Gayle L. Conrad, CMC, MRCC, Agenda: City Clerk 6/19/2017 SUBJECT Parks and Recreation Month Proclamation ATTACHMENTS: Description: Parks Recreation Month 2017.doc Parks & Recreation Month Proclamation (ProcCamation Whereas, parks and recreation programs are an integral part of communities throughout this country, including the City of Cape Girardeau, Missouri; and Whereas, our parks and recreation programs are vitally important to establishing and maintaining the quality of life in the City of Cape Girardeau, ensuring the health of all citizens, and contributing to the economic and environmental well-being of a community and region; and Whereas, parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for those who are mentally or physically disabled, and also improve the mental and emotional health of all citizens; and Whereas, parks and recreation programs increase a community's economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and Whereas, parks and recreation and areas are fundamental to the environmental well-being of our community; and Whereas) parks and natural recreation areas improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife; and Whereas, our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and Whereas, the U.S. House of Representatives has designated July as Parks and Recreation Month; and Whereas, the City of Cape Girardeau, Missouri recognizes the benefits derived from parks and recreation derived from parks, trails, our rivers and recreation resources. Now, Therefore, Be It Wfso(ved that I, Harry E. Rediger, Mayor of the City of Cape Girardeau, Missouri, do hereby proclaim _Vuf 1 2017, as Warks andRecreation W-onth In Witness Whereof I have hereunto set my hand and caused to be affixed the Seal of the City of Cape Girardeau, Missouri, this 19th day of ,dune, 2017 Harry Rediger, Mayor Staff: Bruce Taylor, Deputy City Agenda: Clerk/Administrative Aide 6/19/2017 SUBJECT Approval of the June 5, 2017, City Council regular session and closed session minutes. ATTACHMENTS: Name: ❑ 2017.06.05 ReaularsessionMinutes.doc 0 2017.06.05 ClosedSessionMinutes.pdf Description: June 5, 2017 Council Minutes, regular session June 5, 2017 Council Minutes, closed session Regular June 5, 2017 JJ -539 REGULAR SESSION — June 5, 2017 CLOSED SESSION Legal actions and litigation, confidential communications with legal counsel, and property transactions, pursuant to RSMo. Sections 610.021(1), and (2). A Motion was made by Victor Gunn, Seconded by Shelly Moore to convene to closed session. Motion passed. 5-0. Ayes: Bowen, Fox, Gunn, Moore, Rediger. Absent: Guard, Uzoaru. INVOCATION Reverend Renita Green from St. James AME Church in Cape Girardeau. PLEDGE OF ALLEGIANCE CALL TO ORDER The Cape Girardeau City Council convened in regular session on Monday, June 5, 2017, at 7:00 p.m., with Mayor Harry Rediger presiding and Council Members Wayne Bowen, Bob Fox, Victor Gunn, Shelly Moore present. Robbie Guard and Joseph Uzoaru were absent. ADOPTION OF THE AGENDA A Motion was made by Wayne Bowen, Seconded by Bob Fox to adopt. Motion passed. 5-0. Ayes: Bowen, Fox, Gunn, Moore, Rediger. Absent: Guard, Uzoaru. PRESENTATIONS Mayor Harry Rediger presented Gun Violence Awareness Day Proclamation. COMMUNICATIONS/REPORTS Mayor Harry Rediger asked for a letter of interest from any qualified person from Ward 6 who is interested in filling the unexpired term of Council Member Wayne Bowen after he presents his resignation. The term will expire April 2018. The letter of interest should be mailed or e-mailed to the City Clerk. Mayor Harry Rediger said that he participated in the season opening of Cape Splash, with the Ribbon Cutting of its new feature, Shipwreck Island. Mayor Harry Rediger spoke about the fundraising for the Police Department's K-9 units. The efforts will conclude with a Jerry Ford concert on July 29, 2017. Regular June 5, 2017 JJ -540 Council Member Victor Gunn said that he participated in the Ribbon Cutting of the renovated Capaha Ball Field. He noted that the field was in great condition even with all the rain. He also said the other improvements at Capaha Park were nice as well. PUBLIC HEARINGS A public hearing to consider vacating the City's interest in unimproved alley right-of-way running east from Missouri Avenue to Scherer Lane rights-of-way and lying between Mississippi Street and New Madrid Street rights-of-way, in the City of Cape Girardeau, Missouri. Mayor Harry Rediger opened the Public Hearing. There being no appearances, the hearing was closed. BILL NO. 17-78, an Ordinance vacating the northernmost public alley right-of-way running east from Missouri Avenue to Scherer Lane rights-of-way and lying between Mississippi Street and New Madrid Street rights-of-way, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Victor Gunn, Seconded by Bob Fox to approve. Motion passed. 5-0. Ayes: Bowen, Fox, Gunn, Moore, Rediger. Absent: Guard, Uzoaru. A public hearing to consider a request to rezone property at 600 Highland Drive from R-3 (High Density Single -Family Residential) to R-2 (Single -Family Urban Residential). Mayor Harry Rediger opened the Public Hearing. There being no appearances, the hearing was closed. BILL NO. 17-80, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of property located at 600 Highland Drive, in the City and County of Cape Girardeau, Missouri, from R-3 to R-2. First Reading. A Motion was made by Bob Fox, Seconded by Wayne Bowen to approve. Motion passed. 5-0. Ayes: Bowen, Fox, Gunn, Moore, Rediger. Absent: Guard, Uzoaru. A public hearing to consider the proposed annual operating budget for the City of Cape Girardeau, Missouri, for the fiscal year beginning July 1, 2017. Mayor Harry Rediger opened the Public Hearing. William Bryd, Jr. appeared in opposition regarding the Ordinance establishing utility rates and reconnection fees. He asked the Council to consider reducing the amount of the increase. Scott Johnson appeared regarding the Ordinance establishing utility rates and reconnection fees. He urged the Council to reconsider the amount of the increase and the sudden change in the deposit and reconnect charges. Renita Green appeared in opposition to the rate increase. She noted that there were about a half dozen people in attendance during the study session in opposition to the rate increase. There being no other appearances, the hearing was closed. BILL NO. 17-84, an Ordinance adopting the annual operating budget for the City of Cape Girardeau, Missouri, for the fiscal year beginning July 1, 2017. First Reading. Regular June 5, 2017 JJ -541 Council Member Wayne Bowen stated that he appreciated the Finance Director John Richbourg and his staff for the work to develop the extensive City operating budgets, and the definite improvements that he has seen while serving on the Council. He said he had a few questions about the proposed budget. Those included: the lack of increasing the number of employees and salaries for Public Safety Department personnel; the amount set for community events in the Parks and Recreation Department; the lack of a proposed increase to Golf Course fees; the anticipated Indoor Sports Complex revenue; the amount set for the Spirit Grant; the item listed as CM projects; and the increased amount for special projects in Parks, when that item is flat or decreased in other Departments. City Staff addressed each issue. Council Member Bob Fox inquired about the 77% increase in the dangerous building fund. Finance Director john Richbourg stated that this was an estimate of the money potentially designated for that use. Council Member Fox asked about the amount of funds that the proposed rate increase will generate and about the number of disconnects. City Staff provided responses, and the Council had additional discussion. A Motion was made by Wayne Bowen, Seconded by Bob Fox to amend the proposed annual budget for the fiscal year beginning July 1, 2017, by increasing the golf fess by 5% at the beginning of the fiscal year. Mayor Harry Rediger stated that he was not prepared to vote to approve the increase without having the appropriate data and input from Staff. Motion to amend failed. 3-2. Ayes: Bowen, Fox, Moore. Nays: Gunn, Rediger. Absent: Guard, Uzoaru. A Motion was made by Wayne Bowen, Seconded by Bob Fox to approve. Motion passed. 5-0. Ayes: Bowen, Fox, Gunn, Moore, Rediger. Absent: Guard, Uzoaru. APPEARANCES None. CONSENT AGENDA Approval of the May 15, 2017, City Council regular session and closed session minutes. BILL NO. 17-64, an Ordinance accepting a Temporary Construction Easement and a Perpetual Non -Exclusive Easement for Ingress and Egress for the Police Station Project, located at 2530 Maria Louise Lane, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 17-65, an Ordinance amending Schedule C of Section 26-121 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by establishing a stop sign on Spruce Street at its intersection with Boxwood Drive, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 17-76, a Resolution authorizing the City Manager to execute an Agreement with Advanced Turf Solutions, Inc., d/b/a J & D Turf, for Phase II of the Shawnee Park Sports Complex Renovation, in the City of Cape Girardeau, Missouri. Reading and Passage Regular June 5, 2017 JJ -542 BILL NO. 17-81, a Resolution of the City of Cape Girardeau, Missouri, stating intent to seek funding through the Federal Home Loan Bank of Des Moines, Iowa, for Affordable Housing Program funds, and authorizing the City Manager to pursue activities in an attempt to secure funding, and to execute all necessary grant documents. Reading and Passage. BILL NO. 17-82, a Resolution authorizing the City Manager to execute an Agreement with Teska Associates, Inc., for the Comprehensive Plan Update, in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 17-88, a Resolution authorizing the City Manager to execute an agreement with American Structures, Inc., for the New Gordonville Water Tank No. 1, in the City of Cape Girardeau, Missouri. Reading and Passage. Approval of Naming Request Application for the Grounds at 44 North Lorimier Street. Council Member Wayne Bowen thanked Denise Lincoln, who was present, for researching the history of the Ivers family that led to the naming request application for the Courthouse Park property. City Manager Scott Meyer noted that Council Member Robbie Guard had sent an e-mail stating his support of approving the Ivers Naming Application. Bill No. 17-64 will be Ordinance 4970; Bill No. 17-65 will be Ordinance 4971; Bill No. 17-76 will be Resolution 3081; Bill No. 17-81 will be Resolution 3082; Bill No. 17-82 will be Resolution 3083; and Bill No. 17-88 will be Resolution 3084. A Motion was made by Wayne Bowen, Seconded by Bob Fox to approve and adopt. Motion passed. 5-0. Ayes: Bowen, Fox, Gunn, Moore, Rediger. Absent: Guard, Uzoaru. ITEMS REMOVED FROM CONSENT AGENDA Bill No. 15-234, an Ordinance approving a redevelopment project for Redevelopment Project Area 2 of the Downtown Cape Girardeau Redevelopment Area; adopting tax increment financing with respect thereto; and authorizing certain actions by city officials. Second and Third Readings. Mayor Harry Rediger asked the City Attorney to explain why that Council is just now having the Second and Third Readings of an Ordinance that was introduced in 2015. City Attorney Eric Cunningham responded that the Bill was introduced with the First Reading during the approval of the Redevelopment Plan for the Downtown Tax Increment Financing District. Because adoption of this Ordinance activates a time limit for certain requirements to be completed within Project Area 2, the City did not want final approval until there was an desirable project proposed in the area. Mr. Cunningham noted that there is not a time limit between the introduction and the adoption of a Ordinance. Bill No. 15-234 will be Ordinance 4972. A Motion was made by Victor Gunn, Seconded by Wayne Bowen to approve and adopt. Motion passed. 5-0. Ayes: Bowen, Fox, Gunn, Moore, Rediger. Absent: Guard, Uzoaru. BILL NO. 17-79, a Resolution approving a Redevelopment Agreement in Connection with a Portion of the RPA 2 Redevelopment Project Described in the Redevelopment Plan for the Downtown Tax Increment Financing District, Cape Girardeau, Missouri, 2015. Reading and Passage. Regular June 5, 2017 JJ -543 Mayor Rediger asked Chamber of Commerce President John Mehner and members from Centurion Development to explain the Redevelopment Agreement and the concept of the project. Mr. Mehner explained some of the details of the Tax Increment Financing tool to redevelop areas of the City that are in decline and that could not be redeveloped "but for" the use of the TIF. Jason Coalter and Dustin Richardson of Centurion Development L.L.C. described the concept to renovate and repurpose the structures located at 1 and 20 North Main Street. Bill No. 17-79 will be Resolution 3085. A Motion was made by Victor Gunn, Seconded by Bob Fox to approve. Motion passed. 5-0. Ayes: Bowen, Fox, Gunn, Moore, Rediger. Absent: Guard, Uzoaru. NEW ORDINANCES BILL NO. 17-63, an Ordinance amending Chapter 15 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding Taxicabs and Transportation Network Companies. First reading. A Motion was made by Wayne Bowen, Seconded by Bob Fox to approve. Motion passed. 5-0. Ayes: Bowen, Fox, Gunn, Moore, Rediger. Absent: Guard, Uzoaru. BILL NO. 17-74, an Ordinance renaming a portion of Kiwanis Drive to Maria Louise Lane, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Bob Fox, Seconded by Shelly Moore to approve. Motion passed. 5-0. Ayes: Bowen, Fox, Gunn, Moore, Rediger. Absent: Guard, Uzoaru. BILL NO. 17-75, an Ordinance accepting a Permanent Utility and Drainage Easement for 2005 Evergreen Drive, and a Permanent Drainage Easement for 2009 Evergreen Drive, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Wayne Bowen, Seconded by Bob Fox to approve. Motion passed. 5-0. Ayes: Bowen, Fox, Gunn, Moore, Rediger. Absent: Guard, Uzoaru. BILL NO. 17-77, an Ordinance authorizing the City Manager to execute a Wayfinding Signing Agreement with the Missouri Highways and Transportation Commission, for placing wayfinding signage on MoDOT right-of-way, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Victor Gunn, Seconded by Bob Fox to approve. Motion passed. 5-0. Ayes: Bowen, Fox, Gunn, Moore, Rediger. Absent: Guard, Uzoaru. BILL NO. 17-83, an Ordinance authorizing the City Manager to execute a Transportation Planning Consolidated Grant Agreement with the Missouri Highways and Transportation Commission for Southeast Metropolitan Planning Organization expenses. First Reading. A Motion was made by Shelly Moore, Seconded by Bob Fox to approve. Motion passed. 5-0. Ayes: Bowen, Fox, Gunn, Moore, Rediger. Absent: Guard, Uzoaru. BILL NO. 17-85, an Ordinance authorizing the Mayor to execute a Special Warranty Deed to SEMO Legends, LLC, for property along North Sprigg Street, in the City of Cape Girardeau, Missouri. First Reading. Regular June 5, 2017 JJ -544 A Motion was made by Bob Fox, Seconded by Shelly Moore to approve. Motion passed. 5-0. Ayes: Bowen, Fox, Gunn, Moore, Rediger. Absent: Guard, Uzoaru. BILL NO. 17-87, an Ordinance approving the record plat of Collins Mill Subdivision - Phase 1. First Reading. A Motion was made by Wayne Bowen, Seconded by Bob Fox to approve. Motion passed. 5-0. Ayes: Bowen, Fox, Gunn, Moore, Rediger. Absent: Guard, Uzoaru. BILL NO. 17-86, an Ordinance establishing utility rates for the City of Cape Girardeau, Missouri, by amending Chapter 22 relating to solid waste fees and Chapter 29 relating to sewer and water rates. First Reading. Council Member Wayne Bowen stated his desire for City Staff to review the possibility of raising Golf Course fees by up to 5%. A Motion was made by Bob Fox, Seconded by Victor Gunn to approve. Motion passed. 4- 1. Ayes: Bowen, Fox, Gunn, Rediger. Nays: Moore. Absent: Guard, Uzoaru. APPOINTMENTS Appointments to the Historic Preservation Commission Bonnie Kipper and Alyssa Phares were appointed to the Historic Preservation Commission for terms ending April 16, 2020. Parker Butler was appointed to the Historic Preservation Commission for a term ending April 16, 2019. Brianna DeWitt was appointed to the Historic Preservation Commission for a term ending April 16, 2018. A Motion was made by Wayne Bowen, Seconded by Bob Fox to appoint. Motion passed. 5-0. Ayes: Bowen, Fox, Gunn, Moore, Rediger. Absent: Guard, Uzoaru. Appointment to the Board of Appeals Melanie Cantrell and Mark Strickland were appointed to the Board of Appeals for terms expiring June 4, 2022. A Motion was made by Victor Gunn, Seconded by Bob Fox to appoint. Motion passed. 5-0. Ayes: Bowen, Fox, Gunn, Moore, Rediger. Absent: Guard, Uzoaru. Appointments to the Town Plaza Community Improvement District Board of Directors Mayor Harry Rediger appointed R. Scott Blank, William Zellmer, and Vivian Lee Hatcher Roberts, with the City Council's consent, to the Town Plaza Community Improvement District Board of Directors, for terms to expire April 12, 2021. A Motion was made by Wayne Bowen, Seconded by Bob Fox to appoint. Motion passed. 5-0. Ayes: Bowen, Fox, Gunn, Moore, Rediger. Absent: Guard, Uzoaru. Regular June 5, 2017 JJ -545 MEETING ADJOURNMENT There being no further business, the meeting ended at 8:10 p.m. A Motion was made by Victor Gunn, Seconded by Bob Fox to adjourn. Motion passed. 5-0. Ayes: Bowen, Fox, Gunn, Moore, Rediger. Absent: Guard, Uzoaru. Harry E. Rediger, Mayor RnirP Tavinr r)Pnnty ('itv Clerk Regular June 5, 2017 JJ -546 THIS PAGE INTENTIONALLY LEFT BLANK. Staff: W. Eric Cunningham, City Agenda: Attorney 6/19/2017 SUBJECT An Ordinance amending Chapter 15 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding Taxicabs and Transportation Network Companies. EXECUTIVE SUMMARY The Proposed Ordinance will exempt Transportation Network Companies, Vehicles and Drivers from the licensing requirements of the City's Taxicab Ordinance. It will also clarify the City Manager is the issuer of Taxicab Licenses. BACKGROUND/DISCUS SION On April 24, 2017, the Governor signed House Bill into law. That Bill establishes a statewide licensing system for Transportation Network Companies, Vehicles, and Drivers. It also removes a city's ability to license or collect a Business License Tax on those activities. Accordingly, the attached Proposed Ordinance exempts Transportation Network Companies, Vehicles, and Drivers from the requirements of the City's Taxicab Licensing Ordinance. It also clarifies the City Manager is the issuer of Taxicab Licenses, and provides for an appeal to the City Council in the event a license is denied. FINANCIAL IMPACT The City will no longer be able to collect a Taxicab License Fee from Transportation Network Companies or Drivers. STAFF RECOMMENDATION Staff recommends approval of this Proposed Ordinance. ATTACHMENTS: Name: Description: 0 Taxicab Ordinance 2017.doc Ordinance BILL NO. 17-63 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU REGARDING TAXICABS AND TRANSPORTATION NETWORK COMPANIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 15, Article VII, of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Taxicabs", reading as follows: ARTICLE VII. Taxicabs. DIVISION 1. - GENERALLY Sec. 15-206. - Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Chief of police or chief. The Chief of Police of the City of Cape Girardeau, or his designee. Customer service office. The Customer Service Office of the City of Cape Girardeau, Missouri. Limousine. Any motor vehicle with driver offered to the public for the purpose of transporting passengers for a fixed charge or fee or a rate based primarily upon the amount of time the vehicle is retained. Limousine service. The business of offering to the public motor vehicles for carrying or transportation of passengers between the Cape Girardeau Regional Airport and points within the city for a fixed charge or fee, or the business of offering a motor vehicle with driver to the public for the transportation of passengers at a rate based primarily upon the amount of time the vehicle is retained. 1 Taxicab. All motor vehicles, other than limousines, operated as public carriers of passengers for hire over other than fixed routes. Taxicab business. The business of transporting persons and their property by taxicab. Taxicab business license. A license to operate a taxicab or limousine business issued pursuant to the terms of this article. Taxicab driver. The operator of a taxicab. DIVISION 2. - TAXICAB BUSINESSES Sec. 15-207. - Taxicab businesses and licenses; license required; renewals. (a) It shall be unlawful for any person, corporation, partnership or other entity to operate or conduct a taxicab business or limousine service or similar business regularly or routinely within the city limits without first obtaining a license to conduct that business as set out in this article. (b) The annual license fee shall be forty dollars ($40.00). (c) Upon approval of the application and receipt of the annual license fee, a license shall be issued granting the applicant the privilege of engaging in such business for a period of one (1) year, commencing on January 1 of each year, unless a shorter period of time is prescribed by the city council. Any license issued after January 1 shall be effective from and after the date of issuance up to and including December 31 of that year. (d) All licenses shall state the business' hours of operation, and any other conditions established by the city council. (e) All renewals of licenses shall be made on January 1 of each year. License renewals shall be subject to approval by the customer service 2 office, instead of the city council, but they shall follow the same procedure and require the same information as for the initial application, except that in lieu of the criminal record checks required in subsection 15-208(b), the applicant may submit an affidavit containing that information. That affidavit must have been executed no more than five (5) days prior to the application. Sec. 15-208. - Taxicab business operator, application; generally. Any person desiring to secure a license to engage in, operate or conduct a taxicab business or limousine service or similar business within the city shall file with the customer service office a written application therefor, in duplicate, verified under oath, giving the following information: (a) The full name, residential and business addresses of the applicant for the past five (5) years; if a partnership, the name and residential and business addresses of all the partners for the past five (5) years; if a corporation, or other entity, the name and residential address of all of the officers and directors for the past five (5) years. (b) Whether or not the applicant within the last ten (10) years, or any persons listed in subsection (a) above, has been convicted of the violation of any federal or state felony law, or any federal or state misdemeanor involving the use or threat of force or violence or the sale of drugs or sexual abuse; or has been convicted of violating any provision of the City Code, or has ever had a business license or other license or permit issued by the city revoked or suspended. Applicant shall supply a criminal record check, including a report by the Federal Bureau of Investigation, and by the Missouri State Highway Patrol or similar agency, to verify the information provided in this section. These criminal record checks are authorized pursuant to RSMo 43.535, and shall be processed as follows: 3 (1) An applicant seeking to engage in taxicab service shall submit fingerprints to the Missouri State Highway Patrol, Criminal Records and Identification Division, along with appropriate fees. (2) Upon receipt of the fingerprints and the appropriate fees, the Cape Girardeau Police Department will transmit fingerprints and appropriate fees to the Missouri State Highway Patrol, Criminal Records and Identification Division. The Missouri State Highway Patrol, Criminal Records and Identification Division will compare the subject's fingerprints against its criminal file and, if necessary, submit the fingerprints to the Federal Bureau of Investigation for a comparison with nationwide records. The results of the Federal Bureau of Investigation check will be returned to the Missouri State Highway Patrol, Criminal Records and Identification Division, which will disseminate the state and national results to the Cape Girardeau Chief of Police. (3) The Cape Girardeau Chief of Police shall render a fitness determination based upon the results of the criminal background check, pursuant to the terms of this article. (4) In rendering a fitness determination, the Cape Girardeau Chief of Police will decide whether the record subject has been convicted of, or has pled guilty to: a. A crime which bears upon his/her eligibility or fitness for a license issued pursuant to the terms of this article; b. Any felony or a misdemeanor which involved force or threat of force, controlled substances, or was a sex - 4 related offense as described in this article; or C. Violated any other requirement of this article. (5) A record subject may request and receive a copy of his/her criminal history record information from the Cape Girardeau Chief of Police. Should the record subject seek to amend or correct his/her record, he/she must contact the Missouri State Highway Patrol, Criminal Records and Identification Division for a Missouri state record or the Federal Bureau of Investigation for records from other jurisdictions maintained in its file. (c) Whether or not the applicant or any person listed in subsection (a) above, or present or former drivers of the taxicab business has unpaid claims or unsatisfied judgments against him for damages resulting from the negligent operation of a vehicle. (d) The past experience, if any, that the applicant has had in rendering a taxicab, limousine, or similar service, including the dates such service was rendered and the city wherein the service was rendered. (e) Whether the applicant has had any previous license to operate a taxicab or vehicle for hire service suspended or revoked in this or any other city or state, and if so, the circumstances of the revocation or suspension. (f) The number of vehicles proposed to be operated and a complete identification of each, including the make, model, motor number and vehicle identification number of each taxicab or limousine and the registered owner; provided, however, that the make, model, motor number and vehicle identification number of each new motor vehicle included in the application may be supplied by the applicant and endorsed on the application at any time prior to the actual issuance of the license by the city council. 5 (g) Any person holding a taxicab license, as provided in this chapter, and desiring to increase the number of taxicabs reported in the application shall file with the customer service office a supplemental application, in which only the required information for the additional taxicabs shall be described. All supplemental applications which are filed solely for the purpose of changing the number of taxicabs, shall be so marked by the chief of police, and do not require additional approval by the city council. (h) The color scheme, name and characteristic insignia to be used to designate the taxicabs of the applicant. (i) The hours during which the business will be operated. (j) A statement that the applicant has a thorough knowledge of the geography of the city, the traffic regulations of the city, and the provisions of this article. (k) A statement that the applicant will obtain the insurance coverage required by this article prior to commencing business. (1) A statement that the applicant will maintain the vehicles' condition and appearance as required by section 15-211(a) and (b) of this article. (m) Such further information as the city council or the chief of police may reasonably require. Sec. 15-209. - Recommendation by chief of police; false information. After it has been determined that the application contains all of the required information, the chief of police shall endorse on the application his recommendation as to whether the license shall be issued and thereupon submit the application to the city council. In the event the application is approved by the city council, the city clerk shall note such C approval on the application and forward the same to the customer service office. The city shall not issue an initial license under this chapter until the same has been approved by the city council. In the event the application is rejected by the city council, the clerk shall note the rejection on the application and return it to the chief of police. Sec. 15-210. - Issuance or denial of a license. (a) No license to operate a taxicab business shall be issued unless the applicant has been determined by the city council to have met all of the requirements for a license. In considering whether to issue a license, the city council shall consider, among others, the following factors: (1) The information contained in the application. (2) Whether an applicant has filed an incomplete application. (3) Whether an applicant has made a false declaration on the application. (4) Whether any person required to be listed upon the application has been convicted of the violation of any federal or state felony law, or of any federal, state or municipal offense involving the use or threat of force or violence or the sale of drugs or sexual abuse, or of a state or municipal offense of leaving the scene of an accident or failure to report an accident, or of any violation of any provision of this article; in addition, the city council may also consider whether the applicant has had any business license or other license or permit issued by the city revoked or suspended within the past two (2) years. (5) Whether an applicant, or any of the present or former drivers of the taxicab business, has any unpaid claims or unsatisfied judgments against him for damages 7 resulting from the negligent operation of a vehicle. (6) Whether the applicant has had any previous license to operate a taxicab or vehicle for hire service suspended or revoked in this or any other city or state, unless the chief of police finds that the cause of such suspension or revocation has been removed or is no longer applicable. (7) The number of vehicles owned and proposed for use by the applicant. (8) The financial responsibility of the applicant. (9) The moral and business qualifications of the applicant. (10) The ability of the general public to obtain good and efficient taxicab service at the time of the hearing from presently existing licensed taxicab companies. (b) The city council may, if it deems it to be appropriate, give the applicant an opportunity to correct any problem found prior to rejecting the application. (c) An applicant who has been denied a license to operate shall not reapply for a license to operate for a period of one (1) year following the denial. Sec. 15-211. - License holder's responsibilities. (a) Vehicles; inspection. It shall be unlawful for any person, corporation, partnership or other entity to operate any vehicle for transporting passengers in a taxicab or limousine business within the city limits of Cape Girardeau, unless that vehicle complies with the condition and inspection requirements contained in this section. (1) All taxicabs and limousines shall be inspected as follows: 8 v. Any taximeter shall have a current Department of Agriculture seal and sticker indicating that it has been properly calibrated. (2) Nothing herein shall prohibit the inspection of vehicles for hire by the chief of police where possible violations of this article or other violations of law regarding the condition of vehicles for hire are evidenced by visual inspection. (3) All additional or replacement taxicabs or limousines referred to in subsection 15- 208 (g) shall be subject to the condition and inspection requirements contained in this section. (b) Vehicle, condition, and appearance; limitation on number of passengers and cargo; identification. (1) All taxicabs and limousines shall be kept in a thoroughly and mechanically safe operating condition complying with all of the safety requirements of this Code and other ordinances of the city and state law regulating motor vehicles of the same size and type. (2) No taxicab or limousine shall transport passengers in excess of the number of available safety belts installed in that vehicle. (3) Children must wear such safety belts as are required by law while being transported by taxicab or limousine. (4) No taxicab operator shall be required to transport passenger(s) or package(s) that pose a hazard to the occupants or the safe operation of the vehicle. (5) Every taxicab and limousine shall be maintained in a clean serviceable condition 10 and in adequate repair. All such vehicles, except vans, shall have two (2) doors affording direct entrance and exit to and from the passenger compartment. The interior of each vehicle shall be maintained in a clean condition, free of foreign matter and offensive odors. There shall be no litter in the vehicle or trunk and the seats shall be kept clean and without holes or large wear spots. (6) Taxicab color schemes and markings. a. Each taxicab business license holder shall adopt a distinctive identification marking, including company name, logo or insignia and shall display the same name, logo or insignia on each vehicle. Each taxicab shall bear on the outside on each side in letters at least two (2) inches but not greater than six (6) inches high the name of the company, the business phone number of the company, and a number assigned by the company identifying that particular vehicle. Each taxicab operated by the same license holder must have identical information displayed to the public. b. It shall be unlawful for any vehicle other than one (1) operated pursuant to a valid taxicab business license to display any markings suggesting or indicating it is a taxicab or limousine. Whenever a vehicle operated as a taxicab or limousine is removed from service, the license holder shall remove or obliterate all markings suggesting it is a taxicab or limousine. C. All vehicles operated as a taxicab or limousine pursuant to this article shall prominently display a copy of such taxicab business license so that it may be seen by all potential passengers prior to entering the vehicle. 11 (c) Insurance requirements. Before any licensee shall commence business, the person applying therefore shall file with the customer service office, satisfactory evidence, in the form of a certificate of insurance, that the applicant has for each taxicab or limousine described in the application the following minimum insurance coverage, which must not exclude passengers for hire. For a vehicle with a manufacturer's rated seating capacity of six (6) or less, a public liability policy of not less than one hundred thousand dollars ($100,000.00) combined single limit. For a vehicle with a manufacturer's rated seating capacity of more than six (6), a public liability policy of not less than five hundred thousand dollars ($500,000.00) combined single limit. The certificate of insurance must show proof of uninsured motorist coverage as prescribed by RSMo 379.203. Each certificate must contain a non-cancelation clause, under which the carrier is absolutely obligated to notify the City of Cape Girardeau ten (10) days prior to cancelation of coverage. The taxicab license issued under this chapter shall automatically and immediately be void if at any time the licensee: (1) Allows the liability coverage to expire, to lapse, or to become subject to cancelation. (2) Fails to provide the motor vehicle inspections required under this chapter. (d) Rates and charges. (1) Rates and charges; display of rate schedule. Every taxicab being operated within the city limits shall have displayed in a prominent place within the passenger 12 compartment of such vehicle a schedule showing the rate of fare to be charged, and no further or different charges than those so displayed shall be charged. In lieu of such a display, the dispatcher may announce to the passenger the exact fare prior to the trip. (2) Taxicab meters. Whenever a taxicab used in the operation of a taxicab business is equipped with a fare meter, that fare meter shall be designed and constructed to clearly and accurately register the exact mileage traveled by the taxicab on each transportation movement and shall be equipped to clearly and accurately register the exact fare to be paid for use of such taxicab by one (1) passenger at all times while such cab is in motion and upon arrival at the point of destination. The fare meter shall be turned on at the time such taxicab departs from the point of origin with a passenger and shall be kept on until the point of destination is reached, at which time the taxicab driver shall stop the meter. (e) [Provisions.] Taxicab drivers shall be authorized to pick up one (1) or more additional passengers at points intermediate to the point of origin and destination of the initial passenger being transported on a particular movement, when authorized by the initial passenger to do so. This restriction on picking up additional passengers, however, shall not apply unless the route traveled and trip destination are controlled by the passenger. (f) Taxicab and limousine drivers. (1) Driver authorization. a. No person shall drive a taxicab or limousine within the city limits, unless he is driving as an agent or employee of a current taxicab business license holder. 13 b. No person shall be allowed by any person engaged in the operation of a taxicab business or limousine service within the city to operate or drive a taxicab or limousine within the limits of the city, unless such driver is in compliance with all of the requirements contained in this section. (2) Driver dress and uniforms. While on duty, each taxicab or limousine driver must be neat and clean in dress and person, and must wear a shirt, jacket, vest, hat, nametag or other clothing article of uniform color and style with the taxicab license holder's company name or logo clearly printed upon it which identifies the driver as a driver for the taxicab license holder. (g) Driver qualifications. Every taxicab or limousine driver shall possess the following minimum qualifications: (1) Be at least eighteen (18) years of age. (2) Be able to read the English language sufficiently to read street signs and operate a vehicle. (3) Be clean and neat in dress and person, and not addicted to the use of intoxicating liquor or drugs. (4) Have a general reputation for integrity, responsibility, good moral character as a law-abiding citizen. (5) Possess a valid Missouri Class E driver's license. (6) Have at least one (1) year's experience as a driver of motor vehicles, and at least sixty (60) days' experience operating motor vehicles over the streets of the City of Cape Girardeau. 14 (7) Not have been convicted of, found guilty of, pled guilty to, or pled no contest to, regardless of whether sentence was imposed: a. Any felony, within the last five (5) years, a material element of which involves fraud, dishonesty, the use of or threat of violence, or the possession or sale of illegal drugs, or stealing. b. Any misdemeanor, infraction, or ordinance violation, within the last three (3) years, a material element of which involves fraud, dishonesty, the use of or threat of violence, or the possession or sale of illegal drugs, or stealing. C. Any offense involving the operation of a motor vehicle while under the influence of alcohol or drugs within the last three (3) years, or more than one such offense during the last ten (10) years. d. Any offense which would, if convicted in Missouri, cause the driver to be required to register as a sexual offender. (8) Obtain a certificate or other public record showing that the driver has been tested and passed drug and alcohol screening at least equal to the screening requirements set by the United States Department of Transportation for motor carrier drivers with respect to the number and types of drugs or controlled substances tested, which certificate must have been issued no more than five (5) days prior to commencing duty as taxicab or limousine driver. In addition, the driver must also be subject to a random drug and alcohol screening program which checks at least fifty (50) percent of his employer's drivers on an annual basis for alcohol, and twenty-five (25) percent of such 15 drivers on an annual basis for drugs. These random tests must be at least equal to the screening requirements referred to in this paragraph. (9) Be in compliance with all applicable provisions of the City Code, and of state and federal law, governing taxicab or limousine drivers. (h) Accident notification. In the event any taxicab or limousine driver, while operating a taxicab or limousine, is involved in a traffic accident involving injury to any person, regardless of fault, or if a vehicle involved in the accident is damaged to such extent as to be inoperable, or if a citation is issued, said driver shall within seventy-two (72) hours of such accident (excluding the period between 5:00 p.m. on Friday and 8:00 a.m. on Monday) provide to the customer service office a certificate or other public record showing that the driver has been tested and passed drug and alcohol screening at least equal to the screening requirements set by the United States Department of Transportation for motor carrier drivers with respect to the number and types of drugs or controlled substances tested, which certificate must have been issued no more than twenty-four (24) hours after the time of the accident. Failure to submit such documentation within the time period required shall automatically cause the driver to be unqualified to drive a taxicab or limousine within the city for a period of three (3) years from the date of the accident. Sec. 15-212. - Transfer. A license to operate a taxicab business shall not be transferred or assigned. Sec. 15-213. - Chief of police authorized to inspect licensee's records, books. All persons obtaining a license as herein provided shall at any time during regular business hours permit 16 the chief of police or his agent to make an inspection and audit of the records and books of such licensee for the purpose of determining the compliance with the terms of this article and the correctness of any information required to be kept or filed by such licensee. The information and data obtained from such inspection and audit may be used by the city to collect any license tax provided for in this article, or to punish any licensee for the making of a false or fraudulent affidavit, or for any violation of the requirements of this article. Sec. 15-214. - Revocation. Upon notice and hearing the city council or city manager may revoke a taxicab business license for any of the following reasons: (a) Failure to conduct the taxicab business for a period of thirty (30) days or longer. (b) Violation of this Code or any ordinances of the city or statutes of the state. (c) Employment of unlicensed drivers or drivers who do not possess the qualifications required by this article. (d) Operation of taxicabs or limousines without insurance on file as is prescribed by this article. (e) Aiding, abetting or assisting the promotion or advancement of any illegal activity, affair or business. (f) Failure to maintain the hours of operation set forth in the application or failure to comply with any other condition contained in the license. (g) False information application. is hereby repealed in its entirety, Article VII, entitled, "Taxicabs," lieu thereof, in words and figures, 17 contained in the and a new Chapter 15, is hereby enacted in to read as follows: ARTICLE VII. Taxicabs. DIVISION 1. - GENERALLY Sec. 15-206. - Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Chief of police or chief. The Chief of Police of the City of Cape Girardeau, or his designee. Customer service office. The Customer Service Office of the City of Cape Girardeau, Missouri. Limousine. Any motor vehicle with driver offered to the public for the purpose of transporting passengers for a fixed charge or fee or a rate based primarily upon the amount of time the vehicle is retained. Limousine service. The business of offering to the public motor vehicles for carrying or transportation of passengers between the Cape Girardeau Regional Airport and points within the city for a fixed charge or fee, or the business of offering a motor vehicle with driver to the public for the transportation of passengers at a rate based primarily upon the amount of time the vehicle is retained. Taxicab. All motor vehicles, other than limousines, operated as public carriers of passengers for hire over other than fixed routes. Taxicab business. The business of transporting persons and their property by taxicab. Taxicab business license. A license to operate a taxicab or limousine business issued pursuant to the terms of this article. Taxicab driver. The operator of a taxicab. DIVISION 2. - TAXICAB BUSINESSES 18 Sec. 15-207. - Taxicab businesses and licenses; license required; renewals. (a) It shall be unlawful for any person, corporation, partnership or other entity to operate or conduct a taxicab business or limousine service or similar business regularly or routinely within the city limits without first obtaining a license to conduct that business as set out in this article. (b) The annual license fee shall be forty dollars ($40.00). (c) Upon approval of the application and receipt of the annual license fee, a license shall be issued granting the applicant the privilege of engaging in such business for a period of one (1) year, commencing on January 1 of each year, unless a shorter period of time is prescribed by the city manager. Any license issued after January 1 shall be effective from and after the date of issuance up to and including December 31 of that year. (d) All licenses shall state the business' hours of operation, and any other conditions established by the city manager. (e) All renewals of licenses shall be made on January 1 of each year. License renewals shall be subject to approval by the customer service office, instead of the city manager, but they shall follow the same procedure and require the same information as for the initial application, except that in lieu of the criminal record checks required in subsection 15-208(b), the applicant may submit an affidavit containing that information. That affidavit must have been executed no more than five (5) days prior to the application. (f) The provisions of this Article do not apply to Transportation Network Companies, Transportation Network Company Vehicles, or Transportation Network Company Drivers as defined in Sections 387.400 to 387.440 RSMo. 19 Sec. 15-208. - Taxicab business operator, application; generally. Any person desiring to secure a license to engage in, operate or conduct a taxicab business or limousine service or similar business within the city shall file with the customer service office a written application therefor, in duplicate, verified under oath, giving the following information: (a) The full name, residential and business addresses of the applicant for the past five (5) years; if a partnership, the name and residential and business addresses of all the partners for the past five (5) years; if a corporation, or other entity, the name and residential address of all of the officers and directors for the past five (5) years. (b) Whether or not the applicant, or any persons listed in subsection (a) above, has been convicted of the violation of any federal or state felony law, or any federal or state misdemeanor involving the use or threat of force or violence or the sale of drugs or sexual abuse; or has been convicted of violating any provision of the City Code, or has ever had a business license or other license or permit issued by the city revoked or suspended. Applicant shall supply a criminal record check, including a report by the Federal Bureau of Investigation, and by the Missouri State Highway Patrol or similar agency, to verify the information provided in this section. These criminal record checks are authorized pursuant to RSMo 43.535, and shall be processed as follows: (1) An applicant seeking to engage in taxicab service shall submit fingerprints to the Missouri State Highway Patrol, Criminal Records and Identification Division, along with appropriate fees. (2) Upon receipt of the fingerprints and the appropriate fees, the Cape Girardeau Police Department will transmit fingerprints and ►Ii appropriate fees to the Missouri State Highway Patrol, Criminal Records and Identification Division. The Missouri State Highway Patrol, Criminal Records and Identification Division will compare the subject's fingerprints against its criminal file and, if necessary, submit the fingerprints to the Federal Bureau of Investigation for a comparison with nationwide records. The results of the Federal Bureau of Investigation check will be returned to the Missouri State Highway Patrol, Criminal Records and Identification Division, which will disseminate the state and national results to the Cape Girardeau Chief of Police. (3) The Cape Girardeau Chief of Police shall render a fitness determination based upon the results of the criminal background check, pursuant to the terms of this article. (4) In rendering a fitness determination, the Cape Girardeau Chief of Police will decide whether the record subject has been convicted of, or has pled guilty to: a. A crime which bears upon his/her eligibility or fitness for a license issued pursuant to the terms of this article; b. Any felony or a misdemeanor which involved force or threat of force, controlled substances, or was a sex- related offense as described in this article; or C. Violated any other requirement of this article. (5) A record subject may request and receive a copy of his/her criminal history record information from the Cape Girardeau Chief of Police. Should the record subject seek to amend or correct his/her record, he/she must contact the Missouri State Highway Patrol, 21 Criminal Records and Identification Division for a Missouri state record or the Federal Bureau of Investigation for records from other jurisdictions maintained in its file. (c) Whether or not the applicant or any person listed in subsection (a) above, or present or former drivers of the taxicab business has unpaid claims or unsatisfied judgments against him for damages resulting from the negligent operation of a vehicle. (d) The past experience, if any, that the applicant has had in rendering a taxicab, limousine, or similar service, including the dates such service was rendered and the city wherein the service was rendered. (e) Whether the applicant has had any previous license to operate a taxicab or vehicle for hire service suspended or revoked in this or any other city or state, and if so, the circumstances of the revocation or suspension. (f) The number of vehicles proposed to be operated and a complete identification of each, including the make, model, motor number and vehicle identification number of each taxicab or limousine and the registered owner; provided, however, that the make, model, motor number and vehicle identification number of each new motor vehicle included in the application may be supplied by the applicant and endorsed on the application at any time prior to the actual issuance of the license by the city manager. (g) Any person holding a taxicab license, as provided in this chapter, and desiring to increase the number of taxicabs reported in the application shall file with the customer service office a supplemental application, in which only the required information for the additional taxicabs shall be described. All supplemental applications which are filed solely for the purpose of changing the number of taxicabs, shall be so marked by the 22 chief of police, and do not require additional approval by the city manager. (h) The color scheme, name and characteristic insignia to be used to designate the taxicabs of the applicant. (i) The hours during which the business will be operated. (j) A statement that the applicant has a thorough knowledge of the geography of the city, the traffic regulations of the city, and the provisions of this article. (k) A statement that the applicant will obtain the insurance coverage required by this article prior to commencing business. (1) A statement that the applicant will maintain the vehicles' condition and appearance as required by section 15-211(a) and (b) of this article. (m) Such further information as the city manager or the chief of police may reasonably require. Sec. 15-209. - Recommendation by chief of police; false information. After it has been determined that the application contains all of the required information, the chief of police shall endorse on the application his recommendation as to whether the license shall be issued and thereupon submit the application to the city manager. In the event the application is approved by the city manager, the city clerk shall note such approval on the application and forward the same to the customer service office. The city shall not issue an initial license under this chapter until the same has been approved by the city manager. In the event the application is rejected by the city manager, the clerk shall note the rejection on the application and return it to the customer service office. Sec. 15-210. - Issuance or denial of a license. 23 (a) No license to operate a taxicab business shall be issued unless the applicant has been determined by the city manager to have met all of the requirements for a license. In considering whether to issue a license, the city manager shall consider, among others, the following factors: (1) The information contained in the application. (2) Whether an applicant has filed an incomplete application. (3) Whether an applicant has made a false declaration on the application. (4) Whether any person required to be listed upon the application has been convicted of the violation of any federal or state felony law, or of any federal, state or municipal offense involving the use or threat of force or violence or the sale of drugs or sexual abuse, or of a state or municipal offense of leaving the scene of an accident or failure to report an accident, or of any violation of any provision of this article; in addition, the city manager may also consider whether the applicant has had any business license or other license or permit issued by the city revoked or suspended within the past two (2) years. (5) Whether an applicant, or any of the present or former drivers of the taxicab business, has any unpaid claims or unsatisfied judgments against him for damages resulting from the negligent operation of a vehicle. (6) Whether the applicant has had any previous license to operate a taxicab or vehicle for hire service suspended or revoked in this or any other city or state, unless the chief of police finds that the cause of such suspension or revocation has been removed or is no longer applicable. 24 (7) The number of vehicles owned and proposed for use by the applicant. (8) The financial responsibility of the applicant. (9) The moral and business qualifications of the applicant. (10) The ability of the general public to obtain good and efficient taxicab service at the time of the hearing from presently existing licensed taxicab companies. (b) The city manager may, if it deems it to be appropriate, give the applicant an opportunity to correct any problem found prior to rejecting the application. (c) An applicant who has been denied a license to operate shall not reapply for a license to operate for a period of one (1) year following the denial. Sec. 15-211. - License holder's responsibilities. (a) Vehicles; inspection. It shall be unlawful for any person, corporation, partnership or other entity to operate any vehicle for transporting passengers in a taxicab or limousine business within the city limits of Cape Girardeau, unless that vehicle complies with the condition and inspection requirements contained in this section. (1) All taxicabs and limousines shall be inspected as follows: a. No vehicle shall be operated in a taxicab or limousine business unless that vehicle has passed the Missouri vehicle safety inspection required by RSMo Chapter 307. The cost of such annual inspections are paid for by the owners of the vehicles. 25 b. At the time the vehicles are placed into service or at any time deemed necessary, the chief of police or his designee may inspect the vehicles. The license applicant or taxi operator shall present each vehicle to the chief of police for inspection when requested. The chief of police or his designee may inspect for the following deficiencies and require that such deficiencies be repaired before such vehicles are placed back in service. i. Verification that at least four - thirty -seconds ( 4/32 ) inches of tread exists on front tires and two - thirty -seconds ( 2/32 ) inches of tread exists on rear tires, all tires measured at their thinnest point. ii. Each vehicle must be clean inside and out. iii. All door handles, devices used to raise and lower windows, interior lights, seat belts, and heating and air conditioning systems must be in operable condition. iv. Each taxicab shall bear the business name and a number in a conspicuous place on the taxicab as set out in subsection 15-211 (b) (6) . No two (2) taxicabs for the business shall bear the same number. v. Any taximeter shall have a current Department of Agriculture seal and sticker indicating that it has been properly calibrated. (2) Nothing herein shall prohibit the inspection of vehicles for hire by the chief of police where possible violations of this article or other violations of law regarding IM the condition of vehicles for hire are evidenced by visual inspection. (3) All additional or replacement taxicabs or limousines referred to in subsection 15- 208(g) shall be subject to the condition and inspection requirements contained in this section. (b) Vehicle, condition, and appearance; limitation on number of passengers and cargo; identification. (1) All taxicabs and limousines shall be kept in a thoroughly and mechanically safe operating condition complying with all of the safety requirements of this Code and other ordinances of the city and state law regulating motor vehicles of the same size and type. (2) No taxicab or limousine shall transport passengers in excess of the number of available safety belts installed in that vehicle. (3) Children must wear such safety belts as are required by law while being transported by taxicab or limousine. (4) No taxicab operator shall be required to transport passenger(s) or package(s) that pose a hazard to the occupants or the safe operation of the vehicle. (5) Every taxicab and limousine shall be maintained in a clean serviceable condition and in adequate repair. All such vehicles, except vans, shall have two (2) doors affording direct entrance and exit to and from the passenger compartment. The interior of each vehicle shall be maintained in a clean condition, free of foreign matter and offensive odors. There shall be no litter in the vehicle or trunk and the seats shall be 27 kept clean and without holes or large wear spots. (6) Taxicab color schemes and markings. a. Each taxicab business license holder shall adopt a distinctive identification marking, including company name, logo or insignia and shall display the same name, logo or insignia on each vehicle. Each taxicab shall bear on the outside on each side in letters at least two (2) inches but not greater than six (6) inches high the name of the company, the business phone number of the company, and a number assigned by the company identifying that particular vehicle. Each taxicab operated by the same license holder must have identical information displayed to the public. b. It shall be unlawful for any vehicle other than one (1) operated pursuant to a valid taxicab business license to display any markings suggesting or indicating it is a taxicab or limousine. Whenever a vehicle operated as a taxicab or limousine is removed from service, the license holder shall remove or obliterate all markings suggesting it is a taxicab or limousine. C. All vehicles operated as a taxicab or limousine pursuant to this article shall prominently display a copy of such taxicab business license so that it may be seen by all potential passengers prior to entering the vehicle. (c) Insurance requirements. Before any licensee shall commence business, the person applying therefore shall file with the customer service office, satisfactory evidence, in the form of a certificate of insurance, that the applicant has for each taxicab or limousine described in the application the following minimum insurance Ow coverage, which must not exclude passengers for hire: For a vehicle with a manufacturer's rated seating capacity of six (6) or less, a public liability policy of not less than one hundred thousand dollars ($100,000.00) combined single limit. For a vehicle with a manufacturer's rated seating capacity of more than six (6), a public liability policy of not less than five hundred thousand dollars ($500,000.00) combined single limit. The certificate of insurance must show proof of uninsured motorist coverage as prescribed by RSMo 379.203. Each certificate must contain a non-cancelation clause, under which the carrier is absolutely obligated to notify the City of Cape Girardeau ten (10) days prior to cancelation of coverage. The taxicab license issued under this chapter shall automatically and immediately be void if at any time the licensee: (1) Allows the liability coverage to expire, to lapse, or to become subject to cancelation. (2) Fails to provide the motor vehicle inspections required under this chapter. (d) Rates and charges. (1) Rates and charges; display of rate schedule. Every taxicab being operated within the city limits shall have displayed in a prominent place within the passenger compartment of such vehicle a schedule showing the rate of fare to be charged, and no further or different charges than those so displayed shall be charged. In lieu of such a display, the dispatcher may announce to the passenger the exact fare prior to the trip. 29 (2) Taxicab meters. Whenever a taxicab used in the operation of a taxicab business is equipped with a fare meter, that fare meter shall be designed and constructed to clearly and accurately register the exact mileage traveled by the taxicab on each transportation movement and shall be equipped to clearly and accurately register the exact fare to be paid for use of such taxicab by one (1) passenger at all times while such cab is in motion and upon arrival at the point of destination. The fare meter shall be turned on at the time such taxicab departs from the point of origin with a passenger and shall be kept on until the point of destination is reached, at which time the taxicab driver shall stop the meter. (e) [Provisions.] Taxicab drivers shall be authorized to pick up one (1) or more additional passengers at points intermediate to the point of origin and destination of the initial passenger being transported on a particular movement, when authorized by the initial passenger to do so. This restriction on picking up additional passengers, however, shall not apply unless the route traveled and trip destination are controlled by the passenger. (f) Taxicab and limousine drivers. (1) Driver authorization. a. No person shall drive a taxicab or limousine within the city limits, unless he is driving as an agent or employee of a current taxicab business license holder. b. No person shall be allowed by any person engaged in the operation of a taxicab business or limousine service within the city to operate or drive a taxicab or limousine within the limits of the city, unless such driver is in 30 compliance with all of the requirements contained in this section. (2) Driver dress and uniforms. While on duty, each taxicab or limousine driver must be neat and clean in dress and person, and must wear a shirt, jacket, vest, hat, nametag or other clothing article of uniform color and style with the taxicab license holder's company name or logo clearly printed upon it which identifies the driver as a driver for the taxicab license holder. (g) Driver qualifications. Every taxicab or limousine driver shall possess the following minimum qualifications: (1) Be at least eighteen (18) years of age. (2) Be able to read the English language sufficiently to read street signs and operate a vehicle. (3) Be clean and neat in dress and person, and not addicted to the use of intoxicating liquor or drugs. (4) Have a general reputation for integrity, responsibility, good moral character as a law-abiding citizen. (5) Possess a valid Missouri Class E driver's license. (6) Have at least one (1) year's experience as a driver of motor vehicles, and at least sixty (60) days' experience operating motor vehicles over the streets of the City of Cape Girardeau. (7) Not have been convicted of, found guilty of, pled guilty to, or pled no contest to, regardless of whether sentence was imposed: a. Any felony, within the last five (5) years, a material element of which 31 involves fraud, dishonesty, the use of or threat of violence, or the possession or sale of illegal drugs, or stealing. b. Any misdemeanor, infraction, or ordinance violation, within the last three (3) years, a material element of which involves fraud, dishonesty, the use of or threat of violence, or the possession or sale of illegal drugs, or stealing. C. Any offense involving the operation of a motor vehicle while under the influence of alcohol or drugs within the last three (3) years, or more than one such offense during the last ten (10) years. d. Any offense which would, if convicted in Missouri, cause the driver to be required to register as a sexual offender. (8) Obtain a certificate or other public record showing that the driver has been tested and passed drug and alcohol screening at least equal to the screening requirements set by the United States Department of Transportation for motor carrier drivers with respect to the number and types of drugs or controlled substances tested, which certificate must have been issued no more than five (5) days prior to commencing duty as taxicab or limousine driver. In addition, the driver must also be subject to a random drug and alcohol screening program which checks at least fifty (50) percent of his employer's drivers on an annual basis for alcohol, and twenty-five (25) percent of such drivers on an annual basis for drugs. These random tests must be at least equal to the screening requirements referred to in this paragraph. 32 (9) Be in compliance with all applicable provisions of the City Code, and of state and federal law, governing taxicab or limousine drivers. (h) Accident notification. In the event any taxicab or limousine driver, while operating a taxicab or limousine, is involved in a traffic accident involving injury to any person, regardless of fault, or if a vehicle involved in the accident is damaged to such extent as to be inoperable, or if a citation is issued, said driver shall within seventy-two (72) hours of such accident (excluding the period between 5:00 p.m. on Friday and 8:00 a.m. on Monday) provide to the customer service office a certificate or other public record showing that the driver has been tested and passed drug and alcohol screening at least equal to the screening requirements set by the United States Department of Transportation for motor carrier drivers with respect to the number and types of drugs or controlled substances tested, which certificate must have been issued no more than twenty-four (24) hours after the time of the accident. Failure to submit such documentation within the time period required shall automatically cause the driver to be unqualified to drive a taxicab or limousine within the city for a period of three (3) years from the date of the accident. Sec. 15-212. - Transfer. A license to operate a taxicab business shall not be transferred or assigned. Sec. 15-213. - Chief of police authorized to inspect licensee's records, books. All persons obtaining a license as herein provided shall at any time during regular business hours permit the chief of police or his agent to make an inspection and audit of the records and books of such licensee for the purpose of determining the compliance with the terms of this article and the correctness of any information required to be kept or filed by such 33 licensee. The information and data obtained from such inspection and audit may be used by the city to collect any license tax provided for in this article, or to punish any licensee for the making of a false or fraudulent affidavit, or for any violation of the requirements of this article. Sec. 15-214. - Revocation. Upon notice and opportunity to be heard, the city manager may revoke a taxicab business license for any of the following reasons: (a) Failure to conduct the taxicab business for a period of thirty (30) days or longer. (b) Violation of this Code or any ordinances of the city or statutes of the state. (c) Employment of unlicensed drivers or drivers who do not possess the qualifications required by this article. (d) Operation of taxicabs or limousines without insurance on file as is prescribed by this article. (e) Aiding, abetting or assisting the promotion or advancement of any illegal activity, affair or business. (f) Failure to maintain the hours of operation set forth in the application or failure to comply with any other condition contained in the license. (g) False information contained in the application. Sec. 15-215. Appeal. Any applicant aggrieved by any decision of the city manager may appeal the decision in writing within ten (10) days to the city council. ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held 34 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2017. Harry E. Rediger, Mayor ATTEST: Bruce Taylor, Deputy City Clerk 35 Staff: Casey Brunke, P.E., City Engineer Agenda: 6/19/2017 SUBJECT An ordinance renaming a portion of Kiwanis Drive to Maria Louise Lane, in the City of Cape Girardeau, Missouri. BACKGROUND/DISCUSSION Staff recently became aware of a street naming issue regarding Kiwanis Drive and Maria Louise Lane. The street name signage on Kingshighway at the Cape Rock Drive and Kiwanis Drive/Maria Louise Lane intersection denotes the street to the west as Maria Louise Lane. Ordinance 792, passed in 1989, named Kiwanis Drive from Kingshighway to Jaycee Drive. Staff recommends renaming that portion of Kiwanis Drive from Kingshighway to Maria Louise Lane as Maria Louise Lane. With the new police station being constructed on Maria Louise Lane, proceeding with the renaming should also assist with locating the new police facility. The attached ordinance renames approximately 100 feet of Kiwanis Drive to Maria Louise Lane. FINANCIAL IMPACT Existing street signs reflect the correct street names. No street signage will need to be changed as a result of this ordinance. STAFF RECOMMENDATION Staff recommends approval of the ordinance renaming a portion of Kiwanis Drive to Maria Louise Lane. /_AiC_D]:IJil=1L1k&I Name Description: ❑ Rename Part of Kiwanis to Maria Louise -Police Station.doc Ordinance ❑ Ord. 792.12-04-1989.pdf Ord 792 ❑ Kiwanis to Maria Louise.pdf Location Map BILL NO. 17-74 ORDINANCE NO. AN ORDINANCE RENAMING A PORTION OF KIWANIS DRIVE TO MARIA LOUISE LANE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. In Arena Park, that portion of Kiwanis Drive from Kingshighway to Maria Louise Lane shall be renamed as Maria Louis Lane. ARTICLE 2. 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 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2017. ATTEST: Bruce Taylor, Deputy City Clerk 1 Harry E. Rediger, Mayor BILL NO. 89-221 ORDINANCE NO. / q% AN ORDINANCE NAMING STREETS IN THE CITY PARKS OF CAPE GIRARDEAU, MISSOURI, AND AMENDING SECTION 26-19, SCHEDULE J, PERTAINING TO ONE-WAY STREETS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. CHEROKEE PARK. In Cherokee Park, that portion of the road extending from the intersection with Perryville Road Northeasterly and Northerly to Lexington Avenue, a distance of 2800 feet, more or less, is hereby named ROTARY DRIVE. ARTICLE 2. CAPAHA PARK. In Capaha Park, that portion of the road extending Westerly from the intersection with West End Boulevard to its intersection with Perry Avenue, a distance of 1200 feet, more or less, is hereby named PARKVIEW DRIVE. In Capaha Park, that portion of the roadway with constitutes an extension Westerly from the West right-of-way line of Missouri Avenue, a distance of 120 feet, more or less, is hereby named PARKVIEW DRIVE. In Capaha Park, that portion of the roadway extending from its intersection with Broadway Northerly and Northeasterly, a distance of 750 feet to its intersection with the Normal Street entrance to Capaha Park, is hereby named LEGION DRIVE. In Capaha Park, that portion of the roadway extending from its Western most intersection with Parkview Drive Southerly, 250 feet, more or less, to the center of a 1801 curve; thence Northerly 250 feet to its Eastern most intersection with Parkview Drive as hereinabove named, is hereby named CHERRY HILL CIRCLE. Section 26-19, Schedule J, of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to make CHERRY HILL CIRCLE one-way in the direction in which it is described herein. ARTICLE 3. ARENA PARK. In Arena Park, that portion of the roadway extending from its intersection with Kingshighway Westerly and Southerly, a distance of 2100 feet, more or less, to its intersection with the street herein named Jaycee Drive, is hereby named KIWANIS DRIVE. In Arena Park, that portion of the roadway extending from its intersection with Kiwanis Drive Southerly and thence Northwesterly, a distance of 3400 feet, more or less, to its intersection with East Rodney Drive, is hereby named OPTIMIST DRIVE. In Arena Park, that portion of the roadway extending from its intersection with East Rodney Drive Easterly 330 feet, more or less, to its intersection with Kiwanis Drive is hereby named CONSERVATION DRIVE. In Arena Park, that portion of the roadway extending from its intersection with Conservation Drive, Southerly 1,030 feet, more or less, to its intersection with Optimist Drive is hereby named LIONS WAY. In Arena Park, that portion of the roadway extending from its intersection with East Rodney Drive, Easterly and Southerly 1,350 feet, more or less, to its intersection with Optimist Drive is hereby named JAYCEE DRIVE. In Arena Park, that portion of the roadway extending from its intersection with Optimist Drive, Westerly 520 feet, more or less, to its intersection with Jaycee Drive, is hereby named EXPO WAY. In Arena Park, that portion of the roadway extending from the Western terminus of existing Atlas Drive, also being the Eastern boundary of Arena Park, Westerly 500 feet, more or less, to its intersection with Jaycee Drive, is hereby named ATLAS DRIVE. In Arena Park, that portion of the roadway extending from its Southern most intersection with Kiwanis Drive Easterly and Northerly, a distance of 600 feet, more or less, to its Northern most intersection with Kiwanis Drive, is hereby named V.F.W. DRIVE. Section 26-19, Schedule J, of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to make V.F.W. DRIVE one-way in the direction in which it is described herein. ARTICLE 4. CAPE ROCK PARK. In Cape Rock Park, the circular drive extending to the East of Cape Rock Drive and circleing Cape Rock with a total length of 400 feet, more or less, is hereby named CAPE ROCK CIRCLE. Section 26-19, Schedule J, of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to make CAPE ROCK CIRCLE one-way in a counter -clockwise direction. ARTICLE 5. 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 6. This Orinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS U Lh DAY OF iDecembpX , 1989. rancis E. Rhodes, Mayor ATTEST: City of Cape Girardeau Renaming a Portion of Kiwanis Drive to Maria Louise Lane Staff: Casey Brunke, P.E., City Engineer Agenda: 6/19/2017 SUBJECT An Ordinance accepting a Permanent Utility and Drainage Easement from Jerry and Charlotte Ainsworth for 2005 Evergreen Drive and a Permanent Drainage Easement from Charles D and Evelyn P Willis for 2009 Evergreen Drive, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance accepts a Permanent Utility and Drainage Easement for property located at 2005 Evergreen Drive and a Permanent Drainage Easement for property located at 2009 Evergreen Drive. BACKGROUND/DISCUSSION City staff has been in contact with the property owners regarding completing maintenance on a drainage ditch that crosses both 2005 and 2009 Evergreen Drive. The property owners were agreeable to signing the attached easements. FINANCIAL IMPACT The property owners donated the easements to the City. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The easements are necessary to grant the City the right to excavate, build, construct, operate, maintain, and repair the stormwater drainage system and its related components in the easement area. STAFF RECOMMENDATION Staff recommends Council approve the attached ordinance accepting a Permanent Utility and Drainage Easement for the property located at 2005 Evergreen Drive and a Permanent Drainage Easement for property located at 2009 Evergreen Drive. ATTACHMENTS: Name: Description: ❑ 2005 2009 Evergreen Easements.doc Ordinance ❑ 2005 Evergreen PUE PDE.pdf 2005 Evergreen PUE PDE ❑ 2009 Evergreen PDE.pdf 2009 Evergreen PDE BILL NO. 17-75 ORDINANCE NO. AN ORDINANCE ACCEPTING A PERMANENT UTILITY AND DRAINAGE EASEMENT FOR 2005 EVERGREEN DRIVE, AND A PERMANENT DRAINAGE EASEMENT FOR 2009 EVERGREEN 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. The City of Cape Girardeau, Missouri hereby accepts a Permanent Utility and Drainage Easement executed by Jerry and Charlotte Ainsworth, conveying a Permanent Utility and Drainage Easement to the City of Cape Girardeau, Missouri, for property located at 2005 Evergreen Drive, Cape Girardeau, Missouri, more particularly described as follows, to -wit: THAT PART OF LOT 11 OF HANOVER ESTATES, IN THE CITY AND COUNTY OF CAPE GIRARDEAU AS SHOWN BY PLAT RECORDED IN PLAT BOOK 14, PAGE 24 OF THE LAND RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE at the Northeast Corner of the aforementioned Lot, thence South 89°01'00" West, along the South Line of Evergreen Drive, 14.44 feet to the POINT OF BEGINNING; thence continue, South 89001'00" West, 40.00 feet; thence South 0°58'15" East, 84.22 feet; thence South 33°56'06" West, 190.96 feet to a point on the South Line of said Lot 11: thence North 88028100" East, along the South line thereof, 49.11 feet; thence North 33°56'06" East, 175.04 feet; thence North 0°58'15" West, 96.80 feet to the Point of Beginning and containing 10,940 square feet, more or less. ARTICLE 2. The City of Cape Girardeau, Missouri hereby accepts a Permanent Drainage Easement executed by Charles D. and Evelyn P. Willis, conveying a Permanent Drainage Easement to the City of Cape Girardeau, Missouri, for property located at 2009 Evergreen Drive, Cape Girardeau, Missouri, more particularly described as follows, to -wit: A drainage easement being in Lot 10-A of Hanover Estates, a re -subdivision of Lot 10 in 1993, in the City of Cape Girardeau, Missouri and being further described by metes and bounds as follows: that part of a re -subdivision of lot 10 of Hanover Estates in the City and County of Cape Girardeau, Missouri, as shown in plat book 17, page 8 of the land records of said county being more particularly described as follows: 1 COMMENCE at the Southeast Comer of Lot 11 of said Hanover Estates Subdivision; thence South 88°28'00" West, along the South line thereof, 151.99 feet to the PLACE OF BEGINNING; thence continue South 88028100" West, 23.33 feet; thence South 29028100" West, 145.99 feet to a point on the South line of Lot 10-A; thence South 72°32100" East, 20.45 feet; thence North 29°28'00" East, 153.76 feet to the Place of Beginning containing 2997 square feet, more or less. Said described easement being 20 feet wide, and adjacent to a 10 foot wide sewer easement along the southeast boundary of said Lot 10-A. 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. ATTEST: Bruce Taylor, Deputy City Clerk 2 Harry E. Rediger, Mayor PERMANENT UTILITY AND DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS: ,levy and Charlotte AinswortlL husband and wife, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter called the City, the tight, privilege, permission and authority to enter on and upon the following described property, 2005 Evergreen Drive, which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit A Permanent Utility and Drainage Easement in Lot 11 Hanover Estates, in the City of Cape Girardeau, Missouri, said easement described as follows: A utility and drainage easement being in Lot 11 0£ Hanover Estate, in the city of Cape Girardeau, Missouri and being further described by metes and bounds as follows: That part of lot 11 of Hanover Estates, in the city and county of Cape Girardeau as shown by plat recorded in plat book 14, page 24 of the land records of said county, being more particularly described as follows: COMMENCE at the Northeast Comer of the aforementioned Lot, thence South 89°01'00" West, along the South Line of Evergreen Drive, 14.44 feet to the POINT OF BEGINNING; thence continue, South 89°01'00" West, 40.00 feet; thence South 0°58'15" East, 84.22 feet; thence South 33056'06" West, 190.96 feet to a point on the South Line of said Lot 11; thence North 88°28'00" East, along the South line thereof, 49.11 feet; thence North 33°56'06" East, 175.04 feet; thence North 0°58'15" West, 96.80 feet to the Point of Beginning and containing 10,940 square feet, more or less. Said right, privilege, permission and authority to enter on and upon said property above described is granted for the purpose of enabling the City, its agents, servants and assigns to use said property to excavate, build, maintain, construct, operate, and repair the sanitary sewer and stormwater drainage systems and the related components from time to time, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, pipes, appurtenances, inlets, manholes, swales and ditches, and appliances in connection therewith. This easement and the rights, privileges, permission and authority herein granted is perpetual and shall run with the land. The undersigned covenant that they are the owners in fee simple of the above described property and have the legal right to convey same. SS WHEREOF, the undersigned has executed this easement tlu,.day of 2017/.-��,''-`'�-� Signature Jerry Ainsworth T _H( YfAE Typed Name N08C t t QF MF R> A STATE OF MISSOURI f ss. COMMISSION 412541544 COUNTY OF CAPE GIRARDEAU My Camdwlm EVkK Aug,* 25, 2020 On this 1 + day of W"2017 before me personally appeared Jerry Ainsworth, husband of Charlotte Ainsworth, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above tten. My Commissionn7Expires: fy i I! "6' �) [f Lyped Name of Nddary Plublilc] Permanent Drainage Easement 2005 Evergreen Drive Page 2 IN WTTNES WHEREOF, the undersigned has executed this easement tNs 1 X ` day of rt,'+ ` '2017 - / " r Z Signature Charlotte Ainsworth Typed Name STATE OF MISSOURI ) as. COUNTY OF CAPE GIRARDEAU ) On this t-1 VA day of l � 1 2017 before me personally appeared Charlotte Ainsworth, wife of Jerry Ainswor i, to me known to be the petsou described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. :4 ki My Commission Expires: U � �k'\: �C1,C� CFyP Name of Notary Public] =EFORt4KAHLORt4KAHL NOTARY SEALMISSOURINTY0 124R193 SUs. November 29, 2020 §LU & { (\\ }w - ; \ z z0 (§k ■�/ \�/��`( � `Ik§ -/}\t# { ���\\§«;( /m\, = E§§§ !f m /))!2 /§§ § 0)2!24* & { & / - ; \ z & { / \/ >A \} d� � «® � PERMANENT DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS: Charles D and Evehm P Willis husband and wife, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter called the City, the right, privilege, permission and authority to enter on and upon the following described property, 2009 Evergreen Drive, which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit: A Permanent Drainage Easement in Lot 10-A Hanover Estates, in the City of Cape Girardeau, Missouri, said easement described as follows: A drainage easement being in Lot 10-A of Hanover Estates, a re -subdivision of Lot 10 in 1993, in the city of Cape Girardeau, Missouri and being further described by metes and bounds as follows: that part of a re -subdivision of lot 10 of Hanover Estates in the city and county of Cape Girardeau, Missouri as shown in plat book 17, page 8 of the land records of said county being more particularly described as follows: COMMENCE at the Southeast Corner of Lot 11 of said Hanover Estates Subdivision; thence South 88°28'00" West, along the South line thereof, 151.99 feet to the PLACE OF BEGINNING; thence continue, South 88°28'00" West, 23.33 feet, thence South 29°28'00" West, 145.99 feet to a point on the South line of Lot 10-A; thence South 72°32'00" East, 20.45 feet; thence North 29'28'00" East, 153.76 feet to the Place of Beginning containing 2997 square feet, more or less. Said described easement being 20 feet wide, and adjacent to a 10 foot wide sewer easement along the southeast boundary of said Lot 10-A. Said right, privilege, permission and authority to enter on and upon said property above described is granted for the purpose of enabling the City, its agents, servants and assigns to use said property to excavate, buIld, maintain, construct, operate, and repair the stormwater drainage system and the related components from time to time, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, pipes, appurtenances, inlets, manholes, swales and ditches, and appliances in connection therewith. This easement and the rights, privileges, permission and authority herein granted is perpetual and shall run with the land. The undersigned covenant that they are the owners in fee simple of the above described property and have the legal right to convey same. j INj TNESS WFIEREOF, the undersigned has executed this easement this /� of H7/// 2017 Signature Charles D. Willis Typed Name STATE OF MISSOURI ) ss. COUN'T'Y OF CAPE GIRARDEAU On h s //�`1day of '. 1 �, 2017 before me personally appeared Charles D. Willis, husband of Evelyn P Willis, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. U My Commission Expires: J 1Cll y iAhl IJC SCA04U iy-- "'., "1�,h Not7ty Puhliu Notary goal ,-• slat of MI sour [Typed ame of Notary Public] ComraissionediorL)PPtir pdoaucounry MyC0aIois ialI a!PE: Marr Vi1.1 9nI Permanent Drainage Easement 2009 Evergreen Drive Page 2 IN MTESS THEREOF, the undersigned has executed this easement this day of 2017 $ Signa e^ Evelvn P. Willis Typed Name STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU On this 7 �t day of J , 2017 before me personally appeared Evelyn P. Willis, wife of Charles D. Willis, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. 7 My Commission Expires: 1% [Typed Na rl� of Notary Public] Ji QIjFLIiuE t1 ",—IAnL;C! Noivey f -AC - Notary ;eal iata 0P Miasouri Coiwiiisslannd Pur Geye Girardeau Coarfly My Comrnls:slun Exnlres: March 13,20 19 Cunnnis;inn PdiunUer_15^J13p3 \ /® / \ _ j |§ \\ Staff: Casey Brunke, P.E., City Engineer Agenda: 6/19/2017 SUBJECT An Ordinance authorizing the City Manager to enter into a Wayfinding Signing Agreement with the Missouri Highways and Transportation Commission for placing and modifying Wayfinding Signs on MoDOT right-of- way. EXECUTIVE SUMMARY The City of Cape Girardeau wishes to install additional wayfinding signage and modify existing wayfinding signage and is requesting approval from the Missouri Highways and Transportation Commission to install and maintain these signs on Missouri Department of Transportation right-of-way. BACKGROUND/DISCUSSION The Wayfinding Signing Agreement sets forth the terms and conditions of the agreement between the Commission and the City such as location and display, installation, maintenance, and removal of the signs. FINANCIAL IMPACT All costs associated with the construction, installation, maintenance, or removal of the wayfinding signs will be borne by the City of Cape Girardeau. STAFF RECOMMENDATION Staff recommends the City Council approve an ordinance authorizing the City Manager to enter into an agreement with the Missouri Highways and Transportation Commission for placement and modification of wayfinding signage on MoDOT right-of-way contingent upon MoDOT approval. ATTACHMENTS: Name: Description: ❑ MODOT - Entrance Signage 2017.doc Ordinance ❑ Cape Girardeau TR47-2017 053117.pdf MoDOT Wayfinding Agreement BILL NO. 17-77 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WAYFINDING SIGNING AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, FOR PLACING WAYFINDING SIGNAGE ON MODOT RIGHT-OF-WAY, 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 and directed to execute, on behalf of the City, an Agreement between the City of Cape Girardeau and the Missouri Highways and Transportation Commission for placing entrance wayfinding signage on MoDot right-of-way, and the City Clerk is hereby authorized and directed to attest to said document and to affix the seal of the City thereto. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, with such changes therein as shall be approved by the officers of the City executing the same. Article 2. This Ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS day of , 2017. Harry E. Rediger, Mayor (SEAL) ATTEST: Bruce Taylor, Deputy City Clerk CCO Form: TR47 Approved: 04/08 (BDG) MoDOT District: Revised: 01/15 (ASB) MoDOT District Administrator: Modified: MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION WAYFINDING SIGNING AGREEMENT (Installed and Maintained by the City) THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission"), whose address is P.O. Box 270, 105 W. Capitol, Jefferson City, Missouri 65102, and Cape Girardeau (hereinafter, "City"), whose address is 401 Independence Street, Cape Girardeau MO 63703. WITNESSETH: WHEREAS, the City has adopted a wayfinding signing program and requests approval from the Commission to install and maintain Wayfinding signs further described below in Cape Girardeau County, Missouri for the city of Cape Girardeau; and WHEREAS, the Commission is willing to approve the City's request subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: (1) LOCATION AND DISPLAY: The City hereby requests that the Commission allow the City to construct, install and maintain Wayfinding signs under the following conditions: (A) The sign(s) designs will be reviewed and approved by the Commission to assure they do not violate the guidelines and regulations of the Federal Manual on Uniform Traffic Control Devices (MUTCD) and the Commission's Engineering Policy Guide for size, color and reflectorization. The sign(s) shall read as displayed in Exhibit A (provided by City). (B) The sign(s) installation location(s) will be reviewed and approved by the Commission to assure they do not interfere with the performance of other normal highway signing or represent any potential hazard to the traveling public. Sign locations will be generally located as illustrated in Exhibit B (provided by City). (C) Any additions or modifications to City's Wayfinding signing plan, after the execution of this agreement, will be reviewed by the Commission prior to said modifications. (2) INSTALLATION: All sign installations shall include a breakaway post assembly, in accordance with Commission requirements. The City shall provide plans with the specific location details of the sign installation for approval by the Commission prior to installation. All costs associated with this installation shall be borne by the City. 1 (3) TRAFFIC CONTROL: All work zone signs and traffic control devices to be used during installation and maintenance shall be in accordance and comply with the latest revision of the Manual on Uniform Traffic Control Devices for Streets and Highways or as directed by the District Engineer or his authorized representative. This applies to the initial installation as well as during any future maintenance activities. (4) PERMIT AND BONDING: (A) Before beginning the installation work, the City shall secure a permit from the Commission's District Engineer for the installation of the proposed sign(s). The City shall comply with any additional requirements placed on the issuance of the permit by the District Engineer. The City may provide written authority to the Commission's District Engineer enabling its contractor to obtain the permit as an agent for the City. If required, separate permit(s) for future maintenance will be issued. (B) The City shall secure sufficient bond, as determined by the Commission's District Engineer or authorized representative, for the construction of the wayfinding sign(s) on Commission right-of-way. (5) COSTS: If this request is approved, all costs associated with the construction, installation, maintenance, or relocation of Wayfinding signs, including, but not limited to work zone signing and traffic control during construction will be borne entirely by the City, with no cost incurred by the Commission. In the event the Commission incurs any costs in association with the performance of this Agreement, the City shall reimburse the Commission for those costs. (6) HIGHWAY SPECIFICATIONS: All work done pursuant to this Agreement shall be in accordance with applicable portions of the latest editions of the Missouri Highways and Transportation Commission's Standard Specifications for Highway Construction and the Standard Plans for Highway Construction. The City shall provide a copy of its contractor's certification of material used to the Commission. (7) MAINTENANCE: The City shall maintain signs following the guidelines of the Federal Manual on Uniform Traffic Control Devices (MUTCD) and the Commission's Engineering Policy Guide for reflectivity, alignment, and placement. The Commission may request maintenance of the signs by the City, at the City's expense, and the City shall promptly comply with the Commission's request for maintenance of the signs. Failure by the City to complete requested maintenance within 14 calendar days from Commission's request shall be grounds for removal of all signs installed by the City. Given the complexity of some Wayfinding signs, should a replacement sign(s) be part of the maintenance required additional time would be granted by the Commission to complete the repairs. However, any material or remains of the sign installation in question must be removed from the site to eliminate a hazard for the traveling public. (8) MAINTENANCE BY THE CITY WITHIN COMMISSION RIGHT OF WAY: In order to coordinate maintenance activities on the sign(s), the City shall notify the Commission either by telephone, telefax, or in writing, prior to performing maintenance work within Commission right of way. Such notification shall be made to the Commission's District Engineer or a designated assistant, and shall include the location and nature of the work to be performed. Any maintenance activities done by the City which involves closing one or more of the through lanes, affects the safety of the traveling public, will cause permanent changes to the configuration of the improvement 2 or involve excavation of the soil may require a permit from the Commission. The City will be informed of whether or not a permit is required at the time the City notifies Commission of the proposed maintenance activities. The City shall comply with any additional condition placed upon the issuance of the permit. (9) REMOVAL: (A) If the City fails to comply with the provisions stated herein regarding the maintenance responsibilities, the Commission may remove the sign(s). (B) If the Commission, in its sole discretion, determines that the sign(s) is no longer justified, the Commission may remove the sign(s). (C) If the Commission, in its sole discretion, determines that the sign(s) should be removed or eliminated as part of a highway or transportation project, the Commission may remove the sign(s). (D) If the Commission, in its sole discretion, determines that the removal of the sign(s) from the Commission's right of way is in the best interests of the state highway system, the Commission may remove the sign(s). (E) If the Commission removes the sign(s) in accordance with any provision of this Agreement, the Commission will not reimburse the City for the cost or value of the sign(s). (10) CITY'S RESPONSIBILITIES: The Commission may request the City to modify the sign(s) when necessary to comply with changed standards that might be promulgated or adopted, at the City's cost. The Commission, at its sole discretion, may request the City to relocate the signs to accommodate the install of additional highway signs the Commission deems more appropriate, at the City's cost. The Commission may request the City to remove and relocate signs, at the City's cost, to accommodate the construction of roadway improvements. Should the Commission make any of these requests, the City shall comply with the Commission's request within 14 calendar days. Given the complexity of some Wayfinding signs, should a sign need to be fabricated, additional time will be granted by the Commission to allow for that work to be completed. (11) CITY'S REPRESENTATIVE: The City's Mayor is designated, as the City's representative for the purpose of administering the provisions of this Agreement. The City's representative may designate by written notice other persons having the authority to act on behalf of the City in furtherance of the performance of this Agreement. All Notices or other communication required or permitted to be given hereunder shall be in writing and shall be deemed given three (3) days after delivery by United States mail, regular mail postage prepaid, or upon receipt by personal or facsimile delivery, addressed as follows: Casey Brunke, City Engineer City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 Telephone No.: (573) 339 — 6327 Fax No.: (573) 339 - 6303 3 (12) 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. (13) INDEMNIFICATION: (A) To the extent allowed or imposed by law, the City shall defend, indemnify and hold harmless the Commission, including its members and department employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the City's wrongful or negligent performance of its obligations under this Agreement. Any City liability under this Agreement shall be limited to the liability insurance covering that incident, said liability limits being at least equal to the current sovereign immunity limits for Missouri public entities as calculated by the Missouri Department of Insurance and published annually in the Missouri Register pursuant to Section 573.610, RSM. (B) The City is required or 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 the Missouri Department of Transportation and its employees, as additional named insureds in amounts sufficient to cover the sovereign immunity limits for Missouri public entities ($500,000 per claimant and $3,000,000 per occurrence) as calculated by the Missouri Department of Insurance, Financial Institutions and Professional Registration, and published annually in the Missouri Register pursuant to Section 537.610, RSMo. (C) In no event shall the language of this Agreement constitute or be construed as a waiver or limitation for either party's rights or defenses with regard to each party's applicable sovereign, governmental, or official immunities and protections as provided by federal and state constitution or law. (14) NO INTEREST: By placing and maintaining signs on the Commission's right of way, the City gains no property interest in Commission's right of way. The Commission shall not be obligated to keep the sign(s) in place if the Commission, in its sole discretion, determines removal or modification of the sign(s) is in the best interests of the state highway system or the Commission. (15) SOLE BENEFICIARY: This Agreement is made for the sole benefit of the parties hereto and nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Commission and the City. (16) AUTHORITY TO EXECUTE: The signers of this Agreement warrant that they are acting officially and properly on behalf of their respective institutions and have been duly authorized, directed and empowered to execute this Agreement. 0 (17) NO ADVERSE INFERENCE: This Agreement shall not be construed more strongly against one party or the other. The parties to this Agreement had equal access to, input with respect to, and influence over the provisions of this Agreement. Accordingly, no rule of construction which requires that any allegedly ambiguous provision be interpreted more strongly against one party than the other shall be used in interpreting this Agreement. (18) ENTIRE AGREEMENT: This Agreement represents the entire understanding between the parties regarding this subject and supersedes all prior written or oral communications between the parties regarding this subject. (19) ATTACHMENTS: The following Exhibits and other documents are attached to and made a part of this Agreement: Exhibit A: Sign Display Detail Supplied by the City depicting an image of each sign detail used in the signing plan. Exhibit B: Sign Location Layout Supplied by the City, the detail will display the boundaries of each Wayfinding district. [Remainder of Page Intentionally Left Blank; Execution and Signature Page Follows] 5 IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below: Executed by the City the day of 20 Executed by the Commission the day of , 20 MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION Title ATTEST: Secretary to the Commission Approved as to Form: Commission Counsel Copies: City District Engineer Traffic Division Controller's Division CITY OF By Title ATTEST: By Title Approved as to Form: Title Ordinance Number an Dimensions EXHIBIT A Sign Display Detail Table Summary of Wayfinding Signage on MoDOT Right of Way CAPE GIRARDEAU WAYFINDING PROGRAM Sign Type Quantity TYPE A2 5 TYPE R 4 TYPE A2 & TYPE R SIGN DETAIL 6' — IW -ad kia un all cmen Type A signs shall be installed on breakaway assemblies in accordance to MoDOT STD: 903.03. Type R signs are revisions to signs already installed on MoDOT STD Posts Front Back 7 Cape Cyirardeau e irardeau- C�rlr rrdrear� Conf. Center Conf. Center Conf. Center SportsPlex SportsPlex Osage/ usage/ Osage/ Water Park Water Park Water Park T X14 a � 4 S Cage Girardeau Calm Cyirardeau Cont Center Cont Center <- SportsPlex Usage/ SportsPlex Water Park fi t TYPE R SIGNS R1 — R4 Type R signs are a modification to four existing wayfinding signs. The existing wayfinding signs were permitted by contract in a 2012 TR47 agreement with the City of Cape Girardeau. For clarity, the sign numbers have been changed from A series to R series (for Revised Sign Type). Sign R1 As shown in 2012 TR47 Agreement As seen in the field in 2017 in the 2012 agreement. Now labeled as Sign R1 Wayfinding Sign 6 Sign R2 As shown in 2012 TR47 Agreement As seen in the field in 2017 om A5 in the 2012 agreement. Now labeled as Sign R2 Wayfinding Sign 10 Sign R3 As shown in 2012 TR47 Agreement As seen in the field in 2017 reement. Now labeled as Sign R3 11 Sign R4 As shown in 2012 TR47 Agreement As seen in the field in 2017 X12 in the 2012 agreement. Now labeled as Sign R4 Wayfinding Sign 12 Conf. Center. Ca/mCift Mu tit 103 Conf enter SportsPlex r Ir Osage Nk, Water Park T— 4-- i. Fx 47 Cape qimlde.. as IL Cont Center 1w SportsPlex 4, Osage/ Water Park Conf. Center ape Girardeau SportsPlex 9. w Osage/ t�qpe Girardeaue� Water Park Lv! , . : . .. , + Conf. Center 'A fFS SportsPlex Osage/ Water Park CGiboney isiari6- UZI 4w W 2016 nogg r -*P EXHIBIT B Sign Location Layout (Overview) Type R Signs (Detailed locations not provided since signs posts are already installed, available upon request) � 143x1 ! 'til: :± City of Cape GirardeauWayfinding 2017 Project I Existing Sura We A Revisions - L 4 i 47+-AIjfi}R' � J -NNS I UL VP Zt r Fir t1_� ; i I j IAi RZ R3 fa r I I �+Tw T—�— I i. RYII r I, Rl I' I Q I R4 RUST �r . z r T-4 e r I M 14 EXHIBIT B WAYFINDING SIGN LOCATION FOR SIGN A2.1 A2.1 SIGN TYPE: A2 LOCATION: Approximately 380 feet east of Mount Auburn on the north side of MO 74 ORIENTATION: Facing east towards west bound traffic. INSTALLATION: New post with MoDOT STD Breakaway Assembly 15 EXHIBIT B WAYFINDING SIGN LOCATION FOR SIGN A2.2 A2.2 SIGN TYPE: A2 LOCATION: Approximately 260 feet east of Mount Auburn on the north side of Route K ORIENTATION: Facing east towards west bound traffic INSTALLATION: New post with MoDOT STD breakaway assembly 16 EXHIBIT B WAYFINDING SIGN LOCATION FOR SIGN A2.3 A2.3 SIGN TYPE: A2 LOCATION: Approximately 210 feet north of Mount Auburn/Lexington Ave on the west side of US 61 /Kingshighway ORIENTATION: Facing north towards south bound traffic INSTALLATION: New post with MoDOT STD breakaway assembly 17 EXHIBIT B WAYFINDING SIGN LOCATION FOR SIGN A2.4 A2.4 SIGN TYPE: A2 LOCATION: Approximately 340 feet south of Lexington Ave. on US 61 (Bus 55) ORIENTATION: Facing south towards north bound traffic INSTALLATION: New post with MoDOT STD breakaway assembly 18 EXHIBIT B WAYFINDING SIGN LOCATION FOR SIGN A2.5 A2.5 SIGN TYPE: A2 LOCATION: Approximately 200 feet east of West End Blvd. on the north side of MO 74 ORIENTATION: Facing east toward west bound traffic INSTALLATION: New post with MoDOT STD breakaway assembly 19 EXHIBIT C MODOT STANDARD PLANS Standard Drawing Title Number of Sheets 903.03 Standard Plans for Signing 15 20 STRUC TUAL STEEL POST FOR GROUND MOUNTED SIGNS H.IE MoDOT Standard Plans for Signing Section 903.03 Pg. 1-15 FOST A1,D FOOTIKO DATA TELE Pi1ST Nnv. 4,E]fJ-IT STuEo-CA.I LOA4 SIO Ifill PADEI 411 CRADE 13rl DES. :i[rE Ew 44- _-- _ _-- _ DEPTH r_v_ DEPTH r_Y_ DEPTH DEPTH f 1 71 13145I1jI�.I j I5I3I1#I2jI1tIIli I#I4j 41 31 1 may 1IMIi I + Ir,1?-611111+ 1161114I11Y %HEM u -ML b14LT PL7&3%R c[ FRS :l FL4TAIASFE FLAT 4pA.SHEA C+u'_E CAL,-N]£ED SHEET TAL. 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TFE SIGN HECSHT 44C POST�LEMGTH 75 TDpE 34UIEASED s1JFFI IEkTLT To Ale ORATE THIS L1[N]IU]spACIMG• HIHM PLATES 1147 REQU13FEC 04 S]MOLE F13ST SIGNS OR INT %IC14S USCk4 PIPE POSTS. hIF[' ION H[K10E PATE b44LT`� 4iiLLL BE TI:,,HTEhE[ Tu THE FE IRED ]N]VU BQLT TEhS[Ql4 YALLES SHO -1b ]v TELE I ;EC- 1404, FF THE STOOAPC SFEv]F[GAT]g45, THE 'NUT SHALL BE FREE RUh1%145- IF THE NUT :FILL NOT SPIN uk THE MOLT bEedisE 13F dALYAh[r]4u 1RREc1ILAR1T]E%- A LLIERICAST SHALL BE APPLIED. ALL BREAK. -.7-6T ASSENELrBCL ITS SHALL BET[CHTENEO Ch .ti STSTEVATCC 4a4NEP TO THE PRES:R[BED TORCUE SFIOAN Qkl TH]'i DRAq[NG- EACH CPEAKA'FY ASSEW LY HOLT SHALL 15: LOMEkED ING RE-T32HMEDTO THE FED U[RED TORCLE 3-4 THE SAVE UR ER A= THE IN CT] a TCaHTE4IMG, THE THREACS SHALL BE BURRED 5T THE 41T USCNRG A [EhTEF. Pk,W.,H T4 PREVENT kUT FRIPW L44SE4[k4. POST LENGTH OUAMTCTY SHOWN 4 PLA14S 34CLUCES STUB, I- '2j- RICH STREWTH BDLT'S FOR PIPE POSTS SHALL BE OF THE QEe C5k1T]OM 11S#TT4 W 144 40 ASTM A 444- ALL nTFER HLS. BOLTS SHALL BE OF THE CES]CHAT704 AASHTO 4 164. FUMIsH TWm _:rla't AND Tqu 31,1WIt TH]ck sH]k4, PER PLFST FRDW BRASS SHOO STOCK OR STRIP. QESCC145T]04 AITA1 6 1$. BHIW AS REQUIRED T4 PLLik F43T- H[CH STRENcm BiCLTS3TEH HEF 4UT AklD THREE 70HER' *[TH EACH BiLT ARE 7[1 BE CALy&41 ED, UPTIP46L HrLE'. MUM11 F9F 'I' SHAPE F!7eT5 AOC ROLFQ FCW F']PE W4rT BASE PLJ,TES� AS SHd�h CN -ELE- 4ATIONS' AFE TO EE USED 05AID FOR Q LYAhCS]kly 10 LT, AI HN*PW VS ANIS rKAW'b KTAj" Me 4 4r,IST 11P1T0L OT 4sF4aFa ?`a F QST INSTALLATION DETAILS POST AND FOOTING DET1L5 WIDE FLANGE vNF] POLT_ E.n 4:FFL'MrG 1eJ11,'MIa RQF .n C -n FF4FK4a� f", I 903. 03BJ FL4TAIASFE FLAT 4pA.SHEA ORRILl CE FINISH FLAT ' -_ - - _ F [KISH +° r FLUSH d I °4 it ii iii •' F EE., 4L TOP Cf FOOTING. FLUSH WITH 1`161 -A -M I ELEVATIONFLAT CRADE. s_E 'FOOT[k, EIETACL- FOR FcluTlkr% 114 gUcPE3. FOOTING DETAIL GENERAL hOTE'SF CE51::4 SPECS: AASHTU STANCARD SPEC[F7-2ATC FOR FI STRUCTURAL SUPPL-PTS FDP. H[U t,4:Y S[r.1Hrs. L ]I44]RES Ah -D TAAFF[c %]64'L% -.4," �EKr IT �°7�181l LATEST [hTERIV5 FOR 'STRUCTLP.AL STEEL POST'S1. Y. P4Yo-TS, PERFYRATEG FUSE PLATE 0.40 SFL]CE PLATE TO RE _ 1r GAL+'A4IFEG AFTER FAEF,]GAT[CN. 34 WETAL PRCUE+_T]NC EEIU40 THE PLANE OF THE FL -TE Fa{E 14 ir[LL 4CT BE ALLMED- 15 RELAOVE ALL ALYbh IZ345 RUNS CF1 BEAD'S 34 THE P41HEF ]2 AREA - ALL STRUC AL STEEL STCFFEFER PLATE'S ANC E&SE PLATE Fid 'ROIlh11 1GBNTEC 'S]�4S SH4LL LVET THE REtiLI]R EI hT:. CF +;STV A M OR PASHTO W 3'Q :BRACE L-3. 41CMCIAM YCEL[ 4D .03,1 Ps[ IN THE EYEkff THE G.C37b4CE BE-C1rEEk- THE TOP OF THE FrJ-uT IP& AL.40 THE 80TTLjAd OF THE SMN IS LESS THAN T-1'. 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BOLTS SHALL BE OF THE CES]CHAT704 AASHTO 4 164. FUMIsH TWm _:rla't AND Tqu 31,1WIt TH]ck sH]k4, PER PLFST FRDW BRASS SHOO STOCK OR STRIP. QESCC145T]04 AITA1 6 1$. BHIW AS REQUIRED T4 PLLik F43T- H[CH STRENcm BiCLTS3TEH HEF 4UT AklD THREE 70HER' *[TH EACH BiLT ARE 7[1 BE CALy&41 ED, UPTIP46L HrLE'. MUM11 F9F 'I' SHAPE F!7eT5 AOC ROLFQ FCW F']PE W4rT BASE PLJ,TES� AS SHd�h CN -ELE- 4ATIONS' AFE TO EE USED 05AID FOR Q LYAhCS]kly 10 LT, AI HN*PW VS ANIS rKAW'b KTAj" Me 4 4r,IST 11P1T0L OT 4sF4aFa ?`a F QST INSTALLATION DETAILS POST AND FOOTING DET1L5 WIDE FLANGE vNF] POLT_ E.n 4:FFL'MrG 1eJ11,'MIa RQF .n C -n FF4FK4a� f", I 903. 03BJ -'IDE FLA 4Gr= STRUCTURAL ':TEEL F I•I'M% CE': [,'.'a LATA FII.7 IE'• +111-1. mE1 7 SIZE DEFTH [k,. I Lf5+FT LH"I4 ['' • : FL -,.E ■IGrH [h,. 1 TH[CY [1 : iEC THG=K El'. : I 05 9.75-4 5FL[17.E FL4TE DATA TABLE P P 9 Q 3 03 BJ 15 1.25 6 L 1 s �H 19 1,50 ' } 7' } 4 1 a X14 F2 1,99 1•} 7# } } ]0 A. X11: r.i r 144 - z 1 5 A�2 35 r.9� I?1 a:t L } i THE AE[GHT OF SrRUCT19PAL STEEL POSTS SHOYN 14 THE cn47FACT His 9EEk CONFUTED U514G THE 111E[GHTS 5HDW4. FfJST TCP a PLAT TOP OIREMus [ OERECT] OH FEFFI.IFLTED FUSE FLA.TE DATA TLbLE l FF -TR FFM HINGE QETA[L5 TP. 5FL[17.E FL4TE DATA TABLE E. TFLi I.T3- s 4 9 Q 3 03 BJ _12ST _ 0 kn. F H r 1 N. I r [IL I C [it. 1 �I k L C [4, 1 i [Id. 11 [N, I W h 1 I EN,! I ]w- : 11V, ! 12 S P 114- SCILT O,3A- `' [k. I T. I A: ] I LOS, I POST OESIM Nn- i I [III. h k L II d1 13N. 11 r 1111, 11 114.'- 1314, 1{ BOLT 11}]1.. [III. I ��TT LEA, 1 ILOS. 1 TASHER OO 15, ]0 A. [Ok 3EIC I 44 1 I; a 2# f 1 } i } a { 3,76 1 a 2# i 7. & } 2.45 Ili } } 2 5 I# 1# fi 3} I} 1} } H 14 i i 1.67 2 6 s} i# } } d.a: 3 S I} 111 5f S Il I - H If } i iaai 3 Si 7$ if a I� GENM L horn. 1_ u , PLI:E FLzTE I� I 5} 24 I� 11 14 K 4 3,192' S '' } I}; k I} 6} j} IL I} ± { In T 3.35 fi sj S} I# {� } 10." PLAT TOP OIREMus [ OERECT] OH D]I;ErT[GH POST INSTALLATION r yl l FF -TR FFM HINGE QETA[L5 TP. WIDE FLANGE [ 14F I POSTS E. TFLi I.T3- s 4 9 Q 3 03 BJ 1 §PL [GE PLLTE hewn cv11 . r. a— ,dLtiF ]IEO VASHER taLyAy[TE6 s.+Lv�h[�'EP_.._ CALYM37EO FLAT -HECH STRENGTH FLAT *PSHER IGH STRENGTH ; y, E0L7S AhC 149TS. BOLTS ANO N_r[S, FEFP-.F=TE[ — EELP14G TrPE PEPFOPITEO _ — ®EAP1y: TrFE H]!tGE FO] 4T ----'-- -- FI I -E PLSTE — rusF PLITE HENCE PO[hT -� as i EkTERi] wE Pri3T CUT . CEN-rERLIh1£ POST CUT 3— BELOW BOTTU14 EIEyATIu, 'SEE _ 9ELOf1 ®OTTIOW ELE4AT3G4 OF LOVER SIGN. I•` OF LOIER 5-IGI, SEE GEINEFOL 40TES, GENM L horn. 1_ u , PLI:E FLzTE 71-11,'f6.E . - w C IINE DIRECT104 6BELF:—Y PERFORATED FUSE PLATE AND SPLIiCE PLATE DETAIL ELE'; 4TION C --C T'ht,l NFE: T1I11• LREAKANAT "LL HOLES SHALL EE MUM, ALL PL.%TE CUTS SH -LL PPEFER481-T EE SAA CLOS. HCnE%ERI FLOE cLrrr14G 'FILL 9E PEA4ITTEC PROYIOED ILL ECCES E APE :'PGU►'D. PEFFLIRATED FLIK PLV AhV SF1GE PLLTE *HALL VE F-hePD:zTED FF1uu kt d is SIR1II11JR& !.TEEL. PEPPEWTED FUSE PLATE THICKNESS - P ELEVATION D -D GEkEP'L NnTES- PEFEP TO THE qE4EPSL NnTE5 lel'WEET I - FLA FU404A-rS *ERE rR.IFFIC 44%1 STRIKE THE Er•F 3 V OF THE POST. PESFCMPrED FUSE PLATES SHILL EE IH5TALLE0 M BATH 5ICES OF THE POST. mild Iy11Ml%'f' mw T1.,m6 •:),TAjw:N I- �L'.T UOML �QFQIF� ITi. ri ifit:d 1111-+611�F 1 ,,.��y •fia�; POST INSTALLATION DETAILS HINGE QETA[L5 m7wr WIDE FLANGE [ 14F I POSTS E. TFLi I.T3- 1CrGl r3131 L 9 Q 3 03 BJ 1 L -TF FFLF+FIS, hewn cv11 . 2 OF 1% II II J 5HDR' t PAST a 8 } W M DITCH SECTION OETA3L a. LOh6E17 POST (CLEAR HUGHTI FILL SECTIA',. ET' -IL A LAST P -T ICLE,`F HFF-HT a —FACE OF W �y 91` u SaS" RC�+UlAAy7 TGkE h174 [9JE IEFFBitlLARE LTRA.IELED 41r.rl SHOULE"Elli SIGN ORIENTATION L u n it it it it iL II II e3 i1E1R. OETAI L A W m W W 8 � d] EARRIER CURB SECTIONS s n u u I i it it I i it it F;; A - i ,, S: L: C = 1,15:L i 6- i tl Li C- - 3f5 i L i PoSrT SPAC [ NG I I i I I HEh,E k PQEhT DETAIL h NOTE; SEE SHEET 2 FQP FUSE PLSTE DETSELS- Fait PAST OESI"S HHItM..S 3, 4. 5 Aim 6 H0 ENG AE EGHTS 5REhTEF' 7HA4 14LBS„+FT.. Pi15T5 SHALL 6E SPACED AT LEAST T' APA R'T_ Fr;+ P`#5T OES I44S hi s I JIM 2, POSTS MAT BE SPACED LESS THQq T' A.PAF?T. Ou hLT HSE THREE NII:piR 1 Cit 2 POSTS FOF L LESS TH44 1I' FM L LR EATER THAN II' A40 LESS TH-�h 11 . } Pus-rs W7' sE usm OEPEIC'34A uh SOIL CBhp37I11k3. FTF L [IF h' Tn 1 Y' TTF].LLLY U$E 2 PU%TS- FCF L ;.PEITF. THLN 1 ?' TYP is LLY USE $ POSTS �EkEFEIIL NRPES= FOR C” ERAL Y¢'iTE&, SEE SHEET 1 OF 15. +ERT3C4L CLEARWE FROM THE R=kAY SHALL HE YET AM E11€REA.5E0 9hLi TO IEET THE 7'9' EI,E" YERTEC+L GLE1RC4vE FROI THE GROUND, PRET S]ZE ES DETERWINE30 U$lhi' x]QM HEP:MT- 'INN 910TH AND CLEAD HEM. THE =LEAP FE]t;HT E; Eu"AL Td THE LEITH OF THE LONCEST POST. '` POST INSTALLATION I DETAILS TYP]UAL SECT104, MOU4TWP HE]UT AND POST SPA",14G WIDE FLANGE i wF i Pn' T w f[r[i,uY�+ FEKHEAR P14EL tlur —, P -IT CLIP e 15EE CETA3LS3 ` ,y i P4NEL E0LT LOCATION 4JlY]a11N F04EL—` EOLT 4UT HEX hlrj PW. T ':-'LIP DETAIL j6ULdI4JY FLAT �LSHEF ry [.D. A 1` OLD. S .r.q1 M3 1'.E UNEG rN PANEL BOLT HEiD SUM AHC PVT S [CEI JLULiIhLW L!'LK 05HEP LMCEP hvr FLL�rr& HIILEt UY[hIJ1 W HEX HEr.C�._ Fa4EL BLLT SEC14 P1107 CD P057 UIP BOLT HEX FLLIN31WUY LOG�I,LIT 1 FLAT ALLMA kU AASHEF POST CLIP] 12"n UCEU aLUY[huw SIGN PkMELS SECTION A—A F,. E -*EKTRLL%ED ALUWEWU PANEL. SEE OTHER CRF-0II4GS. -#*H = HI + 12`. H APPLIES TO SIGki 'SUSPEkCED ABOVE OP VELCIT THE P0EWLFT 5IGN IF Nllm My s lr;N P, WnT ATTACHE'D Tu THE MIM 530h PASTS. 19' 4 SIGN MOUNTING DF -TAILS 11-F! J WIDE FLANGE IWF] POS7S O- S [CAS SHALL BE FIELD UTICHED TC POSTS S [TH PrIST 'L[P7 t4D ROLrS SEE FIST CLIP DETAIL, THE SH�K OF THE Pu}T 6L]P unLr SHALL FIT TIGHTLY pahEL Acg14%T THE P11',T FLM:;E AFTER THE LEI*411T%: BOLT' ARE TOROIIED. Ll kNLM Oh rHE POST tU P EYiT,. SHALL RE TiF.JJEC TO 225 [hCH—POUMS IIHEH 1Y13,4:. ' S' ALUWIMUV Cr v. :LEAK. U4LU@REC47ED TH E0S. ]—BESW r6srw bl�jo) Pu'.r L [P PLNEL ULT CEAEFAL HDrEs FCP�GE4EPAL ROTES, SEE SHEET I OF IR. -*EKTRLL%ED ALUWEWU PANEL. SEE OTHER CRF-0II4GS. -#*H = HI + 12`. H APPLIES TO SIGki 'SUSPEkCED ABOVE OP VELCIT THE P0EWLFT 5IGN IF Nllm My s lr;N P, WnT ATTACHE'D Tu THE MIM 530h PASTS. 19' 4 SIGN MOUNTING DF -TAILS 11-F! J WIDE FLANGE IWF] POS7S RfIU14D PIPE PI)ST FiIR 4ROJKD WIIJ TED SIZ5 PFFST uFLT 785to e"- 'L" 12' i4.' 0. 1* CaNNFCT[i3h CATS TabLE : V.. 4vv S]iE CEA LE4-,THfQR3U CG ]a THEIP rt B C R T v 1 IN --EC 1 ]N• IN• IN. Lb. p�_ [s_ IN. s W J W W �# f 1 1+4 Ik Ikv 4 64 0 4 u R W L � S K W a 3 3345 I r FIH[SFED m w� vPbaE 4 = -- ROUND PIPE POST AND FuuT[NC DATA TABLE NOW. SEI HT S I ]+�Ea LSS,,FT LBS±314 S Li& FOOTEhC CO[EP£TE LEhr•TH MA. DEPTH C.1:. P# S.M b.Al 4 ..L" 1$' di Vs8.13 3 -59 r... ' e"- 'L" 12' i4.' 0. 1* a 14,TE C,90 5'- 7 la' 5moi' G, a6 1- HIGH STRENGTH BOLT i5EE -BOLT DATA.' 74 TAELE: It 51tM1-- •rW � ti R i Ley 4 L �M Er7LT RETAI14ER SHEET 4ETAL ECLT PETIINEP GUT FR4v 50 UIJ�� UAL'+11VI FED SHEET WETaL- PLACE bMED4 bdsE FLLTEs: 'slrE vaRIE% Tu FET PL -47E � Ba:LT HaES SHALL EE - LARCER THAN FE U3R EC ECLT SIZE. 51 �, � W, } A &HERS14]+E6 FLIT F[k[°=�FEa FOOTING DETAIL � �' ••� j�4SHER5 ,�PsCE ?' �Lx[W1Y I4 RCtk. iEAGH LiK4TI0hi % BOLT FETAMER - I I I I I I . s W J W W HI I I I' 0.1 W rr 'CS J u R W L � S K W a r FIH[SFED m w� vPbaE 4 = -- GRILLED F-Tl9:; Tkf uF Fc TlN1:, xITH F[h[•:HED FLAT GRADE. SEE 'FUuTEh, DETAIL' FOR FOCITEK-S Oh SLLPES ELEVATION I'STEEL PIPE PCGT 845E CC44NECTIONI MULTI—DIRECTION SLIP BASE FINISH -FLAT ' 5L 11 ,+FEIh1SH FLU -,H CLASS E 2 -- OR BI rri 1� 04'.PETE b �4 PLAN VIEW PodLLEB rR3VP Tri EIy`4CE FIFE iI.C. PIPE O.D.-.0,45' = a PIPE U..D.t.G45' - FRIs:TIUN ;AFI MEPOL NUT'Er FOR CE401L h TES, SEE SHEET 1 OF 15. FOR 6W4TEkG FENHT AND 4FFwT DETAILS- 'DEE Ij.shDzRRD PL1Nb SHEET 1fl 4F I- k k IF]D STEEL bdP }' K f'M D'I�44ETEF BOTTOW OF PIPE W, } A -SEE TELE: s FOOTING DETAIL � �' ••� ?' �Lx[W1Y I4 RCtk. PIF£ QyER !- OEA..o 3' 10jl 1N 34 RUCK POST INST�%LLATICN DETAILS FIFE POST EALYAL47ZL_ .._-...,,.. PROFILE WIEW i EFtTHU:MN SIM FA' -,E POST CLIP I ti GAL'll'A4IFEC RaJI POST P[PRtT GL PLAN VIEW kL➢E P]PE POST CLF6�3 L [ ExTRLCEO: CLAW A$TW 9 JCR. 65&1-T6 CH ILOU-Tb ,SLLtYIN11W A.LLbT ExTHUF'.ICi44., _ _• �1I�' F[d FE{x&HEiDBRL If - LRCkhLFT LFHLL ESS 5TE L - 5Td[kLES'S STEEL 5 HAROVfRE ''� L� 0145HEFS CLAMP TYPE 5IG'N SUPPORT FOR PIPE POST MOUNTING DETAILS FOR EXTRUDED PANEL ON PIPE POST WIDTH OF PIPE POST CLAVP S3 TYPE I WIh[wilm `A'. FLAT I 14- STRUtT[JR-AL 1 ? " 1}- 4[CE, P7 PE Pas -r CLAW S :aLLlWImHW FLAT sHEETI {,IL011[2ED P4U FLAT SHEET Jx 1, pAINLUS STEEL }' R HEAD AL THREAD ST�[kLE55 %TEEL TH4i 3TEFL lirl3HER 45. FUST[{ F] ER hfkSFER S I '�4 dE+G 'A S70WLESS STEEL ERACkET WATER[FL p11yn � k —IV iR4{ UPPEC HOLE IN {EVER 51,Cllr- STA (KESS EEL 3TF■P uSTEFIAL f— f eP 7LEx SHOi1[IiG EPOS OF ` 'TF+P, CLpIpEL IN SEAL {u STRAP SEAL FLARED LE,� SILN PRACKET MOUNTING DETAILS FOF FLAT SHEET SIGNS ON ROUND STRIJCTUFES 4 PIPE POST PROFILE FLET SIGH FACE CALroFk,IFED MIKE Fil T PLAN VIEW MOUNTING DETAIL'S FOR FLAT SHEET ON PIPE POST GE4ERFL NOTESi FQR GEHM'LL LirfrE? • 'MEET' I OF 1 FQR WouhT]'E; HEI'HT 51=L IFF' -ET LET43L'-- 3#E %MEET 10 LIF 1•. h4mi:U,.1HKr•v* AM3 r-bW'0KlAlVN 1_•_ ILST CAP]TOL iFFQi - :SIT,., M 41UP 1k;;g fr - 1�r SIGN MOUNTING DETAILS VP PIPE POST �rr R I.TF LFFUT3,L:, ICr01r f:ILLL..�� 4m IM FFLFA MM, hllL• �•i =L'- - L1�L't. i, OF I': 12 WOE pss�;Df 0 J' CORNER BELT AkD NUT dm OR BOLT DETAL FOR 211 MST H]WuiI i t13 4ER BOLT REED T GAUGE 4yCHOR P _jo 1 1T -.s I ' * 3.5' SHOULDER EOLT ARC WT ANCHOR E01.7 DETAIL FOR 75 ANy 7tiS- SS 2 S]i7LILDE B19LTi RE{Y]R ..E INSTALLED PEPPEkV3WLSP Tn EACH t?IFEP MH HOR BOLT DETAIL THE i4eHUR SMULD BE A UA)i IWLIY OF 2.'e' &UnyE TFE GPrJAD LEVEL p.5' t.1.W POST CCir-P.]&EL IF i 9#' PS5T POST 00TH A 1,_75" P[ErE IIF P -T ]N!;ERTED INSIDE TO IKCFE15E PMT --AFACITT. USE 15 ]No GATED EY POST BELE=7704 OH+RTS { BREi1.A�A'r L DEV]1,E L e HRELrshf-i DEV[CE AHEh BREAAAmrki DEy[CES ARE FE1.IIRED THE Pr3'T3nN PIAED Tr3 THE aplllhC e41:HIIP SHALL BE NO HICHEP THAI 4' SES+E THE F]FIISHEC RADE. BREAKAWAY DETAILS 2.!.- + 2.25" PU-ST DETAIL THE 44CHIF LHWILD BE A LOA ]lily rF 1 Z fokAE T QAUQE ANCHOR INSTALLATION DETAIL 2.2°5-' PSST INSERT VST p9k F* THE BM-L"IFLT UP A. VIM" OF 5' BAEWWArS DEy[CE 11-AAYU PSM13REG PEOMLESS OF THE WORER OF POST t' F•�'_T1 _ _" Fs';r I I I I I I e I I I I I - BOLT HOLE DIAVETER - - 2 PER EMN M ALL 4 SIDES T GAUGE ANCHOR FABRIGATION DETAIL —@haft IIS MHOR TUBE sHaLL BE r r:HAcE PD Sr I. E ,l SEE 7 -14UCE ill' K A If2'GALYANIZED WECHdfii[CAL ANCHLiR DETAIL: FAS704ERS SHALL BE USED r0 ATTACH AbCFGR TU EARR[ER ML - � SHOLLOER EATS SHALL BE USED T4 ArrA H PSST POST TO MICHDR ISEE STAhL'.ND PLA14 903.C3I 1 A.NGFF]R SHALL HE HCrr 07 PPED gil-0111ZEIi , AFTER FAERKAT[CAL PER SECr104 1010 � B45E0 DI`. {- POST SIM 1 SEE T CALCE CETe]L'- � w � BARRIER m .LL MCIUNT ] yIG DETAIL *TD BE USED IrITH ,-OkCRE7E FODTIKS OR [3 M4 DPT304 CN RO•_k SOIL C040ITM45 P057 AND ANCHOR DATA T48LE —Fr_I'.T SHALL ErTEND A 41N[11JJ OF POSTWHOP "4FJR61LL OR CI44I-0I RECT304AL HREAKLOLY hEESED NII14UP LIF PmT.a MADE SIZE CUACE I &IM 1 ? 3 17 [+'»r' 12 2.27' K E45' K 3[,' M r 0.5' K #.5' x It-' OD lin 411 M hr1 4u TE% 1& P.s-.2.5' T # d-' x 3- x iii" 00 NO TEE TES 12 12•L`S-k2.5'I-K2.25'A2.25'I T # 3' 1t 3' X M- DE IES YES TEE *TD BE USED IrITH ,-OkCRE7E FODTIKS OR [3 M4 DPT304 CN RO•_k SOIL C040ITM45 CENOUL 4GTES1 FOR is NERAL NOTES. SEE SHEET I OF 15. FDR 6"T[hC FE14Hr +NO OFFSET DETAILS. SEE SHEET 14 CF 1"- 5LL BRE&kAIfAI EEy[L:ES MED [KI 0 [ksT11L&T[M SHALL BE CERTIFIED ktFW 3515 CWPLIANT. +18' FkMTIN05 WAY BE USM AITH 12 GAUGE OR T CALICE ANCHOPS. s — POST INSTALLATION °Io DETAILS PERFFIRATED S211ARE MEN - r STEEL TUBE P_ST'. —Fr_I'.T SHALL ErTEND A 41N[11JJ OF TCP OF FODTINO. FLIhH 00TH FINISHED E EELO,'THE TOP OF THE I:RsCE FUM4 IM TUBE W><Y —5,5 B45 EGUI MENr 12 CALCE - •i CCK{FETE L+[!. Y0;1 4 •A P.i' WIMP I'ST]FF Ehail:H - Th Jlpp,,PT TI-bE R-ITFilrT MAC 344 r A T CFLICE AHCHLIR 9 � — .LEAN se.�tTE .Ir- Y� UMNIfioIP•E-TILINAL ANCHOR. DETAIL FOR HUTH 12 AND 'I SAUGE CQNC.RETE FocT]'N,S DETAIL CENOUL 4GTES1 FOR is NERAL NOTES. SEE SHEET I OF 15. FDR 6"T[hC FE14Hr +NO OFFSET DETAILS. SEE SHEET 14 CF 1"- 5LL BRE&kAIfAI EEy[L:ES MED [KI 0 [ksT11L&T[M SHALL BE CERTIFIED ktFW 3515 CWPLIANT. +18' FkMTIN05 WAY BE USM AITH 12 GAUGE OR T CALICE ANCHOPS. s — POST INSTALLATION °Io DETAILS PERFFIRATED S211ARE MEN - r STEEL TUBE P_ST'. PEST POST CUP 110 PSSI Pi r. L-ai . 1 L@5>FT PROF]LE rL.F+-N POST '-LIP METHOD S[G+k F"E S MN FU E :.I�-I F=:E P55T •-. A. T -O LT - FPuFILE T -b4 -T FL 4H T—BOLT METHOD �!�¢irlr]�r1��1��L�11,W rMli�rl�r31� ',3 siw F='*'E 5 WI 1RLTWIP ff-P "T 11 FULW �, - , LQ �e.}Trc+c Irm TE Mr+.n� �u M)* 4 TO p,, _ Mh. 1 rel Li�YT - t k� T -BOLT DE7A]L 4UTES= - SLU4INUU U LT5 SHdLL 9E 5•STW 9211 .ZC24-T+ as eoo-T5 - SLUYINIW FL -ST W51HEFRS SHALL ®E ". ® 2Cq- ILGLSL' x024 -T4 OF ZC24-7' - 5LU4IMUW LrIU kLrrS d4TLVN 145EPTI SHALL CE 45TW ty ill PF 291T -T+ hUmbER OF 0 S Tu ATTACH STEEL •"H$NNEL TO P55T P65T SIM HEXHT 411, 13F blILT1 FEF P%ST Pu&T H%EE 1' 1' dl' S S' g T' UEkEP-L NIMS= FR+ THE 4EkEF1L +:r4E`, '-EE tiHEET I IT 1', - FUR W114T[hU FEICHT Jklf+ UFFaU DETFEL', hEE SHEET 17 CF 1S. FOR POST CLEP DETAILS, 5EE _FEF[ CF I TPHt.• ILTTE P557 WOUkTEW HAPDYLPE 11' E -H?LL hE rjl 0PPrr+fI} LIrT. Sl(,, YOLJ,,TIN(; DETAILS PERFCRATEE S711ARE STEEL TUBE iP5ST'. 4' bR 4 wCui•T :I:"• - 0'. THI> F' -(E 4F Fn -7 LINE, 4' x 4' la4G P%T - NO G1AT$ 4PHILE5 PE�4U]pEU s ' x d" itIOO POST - 1 a }' SLOT ON 6 370E Cit 1 G7�1. HOLE 04 fi' 37DE x 5` PCIOQ PUST - 2' '+ }' SLC? C4i 2' DI4. HOLE 'LOT SCPMt 4EI RIL Ix[S MP*G t9Y SOGGES574E EPILL[hG *ITH #' b]T� 00M POST DETAIL FOLK C.4LYAH[FED M5T51 �a4 EIOLT5. FfIT5 AM HASHERS 47F ISI �11 � Inl I•I ;I; I.I U—CHANNEL POST DETAIL UPTION L INSTALLATION 12' E PANEL. POST CLIP d} I4 L[ELI OF A nFyjuO"'LLT' A rti' LAO SCPEA EOOAL 34 LEICTH TCl EE 3OAPTERS OF THE O -LX. FU_T TH[CF °-E o-> OLY 2E USED. NUUHEP. OF BOLTS TO ATTACH STEEL CHANgEL TO WOOD POST S301i HEI BHT Mn• RF BOLT. FEF is3C FtI!-T 111EE 1` �• ti ti MOuwG L3 4E S ION FkCE s -u Lb -T7- r:H&NWL P -T :-E':T [l t• To BE APPRux[W.TELY WIN- Tu THE 3I� HEIGHT ChLi TO PPu IDE FUF 1£:ESSF.P1 POST CLIPS 4. 1 �. - #' Fu57 BOLTS L') PLdh VlE® KIOU`�TI'%!G DETAILS• FOR ExTRUGED FANELS ON WOOD POST ¥ P&RR.' FE[LEF-[ D7 [�1K.' HA,PEI" YIELD 5N145- e.4O f+E P Y S[ POST SIZE REQUIREMENTS OEhEP.dL HDTES: FOP G€4EPIL FATES. SEE SHEET I rlr v hLL F43ST% sH.LLL BE EWEDDEC = j],,[014 if -1 FEET IWM THE CBCLK. USE OF SPLICE IS CPT1044L:. SPLICE 4VEPL+P SHILL BEPE5[TIC14 EhT[FELY EETFEE4 GRU- C5 LIME -•O 14` JIM E 6PC7_Is) LIME. 1140 134E `,PL[4E A[LL HE 6LLDIED PER FTI%T- FCR POST SIZIM SEE ENLI4EERIK POL[C9 FDP'lilM4T[hG HEIGHT AND OFFSET DETAILS. SEE SHEET 15 If 15 IT THE EMUIhEER DIUCFE7311% A FLJ1OPEw!:EHT PI[HT %HALL BE APPLIED HEJLYIL'f TIJ LIMI :.ECEa [rt 11--cH444EL PCIST STUB FUR 4 LEhCTH OF rT LEA°,T r- 3.4' -',HES EELuA THE TCP OF STUB. a = SIGN MOUNlTING DETAILS WOODAND HMN LP ..�►, rr U-CHdhNEOST F0.':T TYPE 1?ft 4TEO LF{HAMhEL p3p s I'D I - 3.0 LE:.r'F : I - +' x 4-* 5 IQ A IS 2 - 3.O LB.rFT. 2 _ 4^ —X4 > 16 'S 24 2 - a.•O LE.?Fr. 2 - 4, x E, 24 s VU I - S-4 La -.'FT. 2 - ,. x s,. S 'J8 3 so h�i 1 2 - 5" x d' ¥ P&RR.' FE[LEF-[ D7 [�1K.' HA,PEI" YIELD 5N145- e.4O f+E P Y S[ POST SIZE REQUIREMENTS OEhEP.dL HDTES: FOP G€4EPIL FATES. SEE SHEET I rlr v hLL F43ST% sH.LLL BE EWEDDEC = j],,[014 if -1 FEET IWM THE CBCLK. USE OF SPLICE IS CPT1044L:. SPLICE 4VEPL+P SHILL BEPE5[TIC14 EhT[FELY EETFEE4 GRU- C5 LIME -•O 14` JIM E 6PC7_Is) LIME. 1140 134E `,PL[4E A[LL HE 6LLDIED PER FTI%T- FCR POST SIZIM SEE ENLI4EERIK POL[C9 FDP'lilM4T[hG HEIGHT AND OFFSET DETAILS. SEE SHEET 15 If 15 IT THE EMUIhEER DIUCFE7311% A FLJ1OPEw!:EHT PI[HT %HALL BE APPLIED HEJLYIL'f TIJ LIMI :.ECEa [rt 11--cH444EL PCIST STUB FUR 4 LEhCTH OF rT LEA°,T r- 3.4' -',HES EELuA THE TCP OF STUB. a = SIGN MOUNlTING DETAILS WOODAND HMN LP ..�►, rr U-CHdhNEOST W 'a: 6 S -Eh. � y J —FRLd4 TPAvEL L� FR�I TBF'oEL LkNE FROM ik!JLGEP FFlOW SHOLLOEH '70UN0• — .;Fn I•[- ECo'E rF Mr -EL LL. —ELCE OF TRA -EL LME EDGE OF TRAVEL Lz4E ��F ' FF�ROEF iii - FUILOEF EJB SHCLLJFEB ONE POST — 51%r,LE SIGN ONE POST — 'S.INGLE SIGN WITH SLPPLEAENUL PL—,"UE *BASED 04 FLA-,, 44D FIELD CODITLr, GRs'T.aO LECCE OF Twr.e'EL LANE EIR SHLMDEP. EHE'a'FE3,. °.] 6 ICON T4 LI -E I THE EDGE OF OBjECI D L LFhE OF: SHOOLCM TYPE E E E I7B•JE::T k iLMEP. POUNTILX HEIGHT DETAILS AIIJACEtu Til ::IFS: T%O POST If.# WAD SEGk 47UHTING BOLTS SH+LL BE 3NST.&LLEE 07TH S 'iLV`• IASHEF TINST THE SEOM FACE P37H .1 _TEFL 4?°HET? BET4EF4 THE gtLk4 tkSHEP khC E4 -LT HESC.. A Lrr.K4UT SHILL BE ME) TO F&STES THE ,7;il, Tn THE FCGT. yEBTko.L GLESR44tE FFLIkI THE W.er+LjAT �HOLL BE iET LhC INGFEV EO "hLi Til DEET THE 7' W341KM VEPTMLL CLE—W,1-47E FFOW THE r"J404 HOREZ04TAL LFFSET W r BE AULWSTEO BA -SM Gh FIELD cls,DITI[IN%. WAD NEWL iKE�WKAhMrfflAM-CierrArir idLF r SI"N MOUNTING DETAILS tim''HTING HEIGHT A OFFSET PIPE POSTSb PEST, k°SOD �.b U—HdWEL PD5T5 ...mow vPOU40 MOUNT U—I::H4NNEL BUPP THREQS OF A EM { +FTEF CN5T+LLAT]04• AS SURFACE +PF'PCNED Gt THE E+t:•ChEEP- 4- TUBULAR DELI N'EATOR SG7CEhOAR.Y CGLC4G--nr ' IQSLECTER 6k31kT7 — niis w Whm4m, - Locxnu4 RETR0fMrLECT3— SREEUKk TYPE 5 OF ® 9--a•' amr a $H]TE cFi YELLR s GEL] ATuR PLAEEmW LUCATEG -- .W THE P.-UUS P01h,TS 'EFLELT�pEL T]]t$ DELINEATORFRISLANDS Ek1EPiT TUBULAR MARKER DETAIL L46xT14Oi A PfR4A.+fY 14!67 LLAT? ua, YET IN A__diCAwLE AP THE It4.huFA.-TL1REN's PEEu AT Cu41. SHALL USED Ta INSTALL THE TLIEULkR RKER TU THE HCLE PLPOINA TO EPIIAL }' D[AYETER- ]SLANG SLF'FACE. WLEM 40 [NCH ITER TQ E hTHE 'OLCR OF TLEUL+R WKER !AD REFLF-CT[YE UUT7YG GEC[hlilT3 u[WG TFE [NCH FAO THE EAG N -LL WCH THE 9LCP DF THE CL0,5EST P'bEWENT &NDTFE POST. TFE ENTRE LENGTH YinEhG iR GURR �Pk[H�i- TFE PEST. is' SPbC W CEL[IhEATQR POST L397T5 LRS,FT D1YEkS,3E145 - ]WHES 12: 1 A 1 R L' E F huu7NAL I o If 1 2j } GA i MLERdNDELINEATOR PLACEMENT r., i: : : s ws :I * FOR MEDIAN STRIP'S la, AE7cHT HEFtFE uALsfh1174•s cfl PLW-HChe. THE tH■AhEL PuST FuR CfLIkEWS SHALL BEA IFAtTIFEG FROM DXTCLE ASTM 4 }; OR A5 A loll CR 62. DEL INEAWR POST ANG FA5TENEP CETT [ L': EDi.E i F• E1' E uF TRAeELEG AAT TFLIELEI E_ :E CF TF c'.ELEC rzi i! ED:E (F' FIFE W '� ';HRULCEF' ::upE 3 HLdILGEP Yfill'•TEG OUT 30E EAFRIEF CUFB DELINEATOR MOUNTING DETAILS NARROIN PAYED MEDIAN DOUBLE STACKED 'HA.N4EL POST DEL14EATUR REFLECTOR ♦♦ l f1 /f!9' 9 SIGN MOUNTING DETAILS L ., { •,,{ CEL IMEATURI� DEI-34EATOP- REFLECTCR fi- UEU NEATCR D.I. ui. T,+ nREFLECTOR CEL14EATOP FEFLECT•OP: REFLECTOR b � z r F A • F F t a `TYPE A TYPE 13 TYPE C DELINEATORS ON CONCRETE TRAFFIC BARRIER FCR OOiCIPIETE RAWIER DETAILS. SEE STU PLANS 61 7.131 % 5' RE[RCREFLECTIYE YELLON. ITE OR RED SHEETILIC [N ASCCRCAM_E TH ASTW D 4456 TYPE 5 OR R DETAIL C CEL [ %E-'TL]Fr, ON THREE—STRAND '-EGI�sa r1IARD CABLE FI IF THREE- TPz,,C ° 11411- ::-,ELE DETAIL, :-EE '.ATL FLISy f -CL 11, DEL EI+EtTnp- PEFLE:-P)P 1 4 n., —EEL1'IE=T.F - - - ----- FEFLE:.TLF iTYP•I ELE•.AT[uk L } :TSP. TUF 1FfATrH FEFLE`T4P GEL ] `•ELTW 1,CigNECT [Cjk UN CONCRETE TFP.FFIC BARRIER DETAIL 2LFP THPEAC:• OF i- EOLT AFTER INST+LLAT[L1, !TYPE °. AS .APPRu'oEC 6T THE ENu34EEPa ,RI /—T?F 4F COWFIETE BN,R1ER IriF.} �g. LI -LI E T IM I I .. v tLY&%E:EE MEI:HAN1ti•AL FLlTEkEF% ,HSLL EE °ICE U:ED TO +771iH TO �uq_RETE 1T7P°+ —II-°:HANhEL ¢ 11,111 GEkEPAL NOTE %: I'll =;TEIIP.F. THFEJLS LIF ��BOLT '•I• • ITER IN'.TALLATI& cTYP.I. FOR CE4ERAL N=S, SEE SHEET 1 OF 15. C. AFPPOIV'ED RT THE ENG[NEEFI, ILII , FETAWEFLUT['NE TELLOO. RH[TE aR PED a-EET[kr- 3m 11;11 11 4ccnP -LNCE 'WITH LSTid C 49b6 rYPE b CR 4 SHALL _ RE APPLIED TO O4LY OW SIDE OF THE CH MEL POST n DELEhEILTCR WO1}1TEC TOj4RDS THE CHhhhFL POST. HEFLECT]ME 5HETI0 #I'LL Fg1pM I:HICQIm 1 OUTLINED EN SU 1042.2.T FrIP UIFFECT LWLEUT11714 DF SHEETING TCI [1EL[hE47CR E9E•T. THE COLOR CF THE TF.LFF7.._ SHEET1yC SHALL �Y[11TCH THE CLorsEST AIn A[EMT PA.YEISE4T YARk1N�- A DEL71JEATCR 01TH RED &HEET[NIC SHALL BE APPLIED T4 THE ['IACF SIDE 4F THE MhkNEL FOST J*E?I THE CE]LINEAT[ON I5 PLA:EC AL{W� Ah EWTMCH466E RAMP A'qD CCLL.O BE 4EE}ED Br >rFV4C rTAr TRAFFIC. I EINM I F!NWAVS AM T DICTA' 1 I I r 0-7410011to I I POST 13R T,. °�3 6 I �FQrfION LIT,. .: ,• i � —DELi�EATPP fu±lrs° I•• PC" EL—' RIFLE=TCN I CELI',EATQRS ON = SIGN MOUNTING DETAILS DEL I NEAT[fi'� NEW GUARDRAIL FTIF :°ILFCP=[L CET43L3. SEE STD FLA4S 5C6.411 AhD Wb. 511. i r7`I *r?1 'ISI 4 v a ' •I Ic^w]tiG ullt' H E LEaEKD MITE GEL34ELTrf i 1ELL04 CEL34EATC.F' N = 3 x 5 100 -4741.14 4H]TE CCUELE STSCKEE- Y - F w 3- 101' 6b1361a4 GEL34ELTTF 17 FEL DEL ChE-TrIP EFL34EATOR SPAC[IG uy HLECIuyTAL CURVES F. -MUS 03F CLIPYE eFEErs spilt INil Ohl LCR4E IFEETI SF'.4_74C IN ADyAhCE a EfEa)40 Clfks,E dFEET: IST 74D ?FL' m as m _a 9s. 100 IDD i 55 1CC 100 loo Soo Tv5 10. I lyi i Go UO3 '13 11:L' J OD 1:04 744 r5 I IG4, III[H goo W ICC 140 Ivo 'h}4 R5 iCC 100 1�1 i COG 5 i C L 100 " `.Plx]N:; IlkCLRYE - '• F-,:: IF wtT BE INTEAPit=TED FRdd TIBLE• Wly]IAIL! SPLCChO - Y:I FEET_ SPAC[h4 OF FIRST [ELM&TUFI--[h rC-m°44CE of M. EE104D CURIE - 4 a S. 7HE SECOKO = 3 • S, LhC ll -E TH CFE- = i, ,. S. CCT NOT TO ENCEEC 100 FEET. Y411411W SPAE:ING = IN FEET. DEL]NEITFRS SHALL VE CkSTILLED FICM IPPTMILCHCNC 7PIFFCe - YELLITI CEL]NEITEIRk %HILAR BEGIN EVEN T17H THE WRE Ex[T '-]:;'N shp E4D 6O FEET FRLIM THE WRE POINT. WHITE CELChE&TORS SH lILD EATE40 EETONC THE FIRST FELLOW EEL[hEr.7OR. RED 6ELNEA7IRS SHULLC EiE FLACEC ON THE EJVCI� SICE OF E[THEP THE IH'H17E CR 'ELI' TCF POSTS WHEN 14 PPLCC�ELE, FEE! CELCELTCPS -15 TYPECILLY CKSTILLEC III-EPE 'oEHI.'•LES WAY �CCC6E'RILLr 7PIvEL Co" THE PILOT 8laFILRDS AND 4kL*frEI] FbC CNF APY FPrI'e ',IF J 4_ TFSFFI v FL!TY• #144NEL FMT DFLINE+TM, -HILL EE LIY[TTU= E14 NErTlrlyn %MERE rilARC^ R43L [SPFE$Elir. THESE FLP.T"u , A1IALL EE DELChErTEC IIrCL]P]NC THE WAR ORA IL 6ELIkFA70R5. 314 AREAS pHERE REIN DELEW-47ORS .IPE INDICATE=D. PED RETPOREFLECr11E SHEET34. j[LL BE PL.RCED ON THE BACK 516E OF THE WARCPA.CL DEL[hEATOR, PEFLEGrl'rE SHEEIM SHgLL 13E [k i..�,'.pPCi NCE ACTH ;.E^" 1G42.?_T. 3, I -d: I UW- I a: _ •.•I EEC[ �s�' i� P.r. xl �I TYPICAL DIAMOND ENTRAKE RAMP TYPICIL INTERCHANGE GEhEPdL N6TE5c FDI+ C:E4EPAL NIaTES. SEE SHEET 1 4F Ifs. THE du4TRACT UNIT PR[ -:E FuR EItH CHANNEL Pint CEL [NE+,TOR SH.+LL [ULLI E THE PEFLECTI:R. FASTEvEP.S 110 USE 1ELLCK CUUCLE 'ST4.I.EC DEL74EATOPS ANC FUST. FrF LEFT Hike ACGELeDEUL LINES, MIN"Ki AMA WTWAPW [1n:7R7WM 121 CUM [F EjEmr[kCr FFFEPD*:E VAR9% 01-1111110m: ARE [F.ED.I_' vrST LAMM rQron ON LIT, D MO 1-31 E.;TEVT OF CELI4EAT[C#4 CFI RC TES #[TH i�a�-*FFA ? I1-!1!rt EFaEF:E4Cr FEFEPENCE 4MEPS. " " ' -+'- nh FP..'TE v`17HnllT E4EFGEKCY FEFEPENCE UFKER'. GEL 1 EITFPS SHILL BE 311UTILLED f.tI SIGN MOUNTING DETAILS BETFfEv [hTFF::HdkcE's EVERY �.$`'- � +�� �',� I'~ITERUH.%h;;E DEL[hE1•.T14n ijgN MuWdst II i� II i i �x4 u ISI u u u I TYFE [ '.11'FLFr]L [F :�F`E'-1FEE[ '-EE T,4E°'Fr FLL4 606^ FIT 11400.5[L ]4',r-5LL-LT3nN [ETQL'; TYPE A OHL ECT MARKER ]N3TALL4T[ON P L1vG1ld Ye PE40YEO 71pEE [ T��1Y papa fFYj�fRCF]L�� 1-5 ESTEL ` rlPE PrTST WAl]L Irip- ; TYPICAL ROAD CLOSURE PLAN STEEL QbJEcT mARKER Po5T L[Y[Ti L�'S$� T UISE4SM(A5 - 14MLS a E E p W[h. 2,40 1# 2 1 ySM. 2.60 1 .9 1 121 1jEIGHT BEFUHE GJLYAhI13I42 GH PLKH14G.L]9]TS SHO" ARE ABSOLUTE, lUf!O FARTHER HEIGHT. []]4Eh9IO144�L IDP EPGIYL TEILEP MIE MILL BE A5GEPT4BLE, BURR THPEd65 6F EAT -LS 4PPPr.T-lED [1Y THE I� 04MMEEP.. IJ i tL HVLE FLLCH]y Tl', EW -L I- D]LJETEP HIILEI.. 17.E 34-:H GEWW nl C`C+TLII. EE .. wry-.lhr. b'E11sLF ] 'H FROU THE E+[ ar.0 :U+T[rolllg:. THE E T[PE LE+.TH 1f THE Pn.'•r- OE,.E(.T YARKER Fra'T P:ND F4STE',ER DETAILS • a LENGTH 6F *-HEAW RAIL - 13-64°+ I F GENERAL IIO S[ J,L I -_- FDR CEHERAL P#TES; SEE SHEET 1 OF 15. -I PLP.r TYPE D UUAPLIP•43L IT, 1GCE55 FE:-TP4E%T 6'10 YIgULL F18LT TARZET YALUE QMLY. IT HAS hu PED3RECr73£ LFFrE]L]Tr. l71P. l 'Aw "E&W RAIL . CrrM,,. 21Ti. wt [71,'. w ' {'°• I � f '{ , � ."',�f� . �?>f.. r%n.� ,,,,�. f. �. , . 4 �1� I., I ' ' 1�al�.Mwpfj ij_1q14 iy--yy31 �!4 �L T "—FG%B.5 CR 3 aj"E I_ f6%4 P]! TYP-. I I I 1' _ S = ! _ SIGN MOUNTING DETAILS 4 F OB -ECT MARKERS FOR ' ROAD CLOSURE THE "TRACTOR LIST FLI?+IISH E+]IJ]VFLEWT 1 it. ELEVATION 5.7EEL POST SECTE[h15 FABRICATED FPOW 4ATEPI.-L 4EETI,� -mmW%%- 440 IN ACCURUAWE METH SEE 1040. TYPE 13 GUARDRAIL C.11 [FFL.n}G: I=:rlllf-IL wsr ernrser 903.03BJ 1413F 15 [•n oou.ca: i �' D7 +v x24 r oar; 111TH rDEA CLE [k EACH III LIF ELBE FOR THRDUCH BT T,4CN ARR FILL EST CABLE MOUNTING PLATE DETAIL FALL .ARREST —CABLE BOLT ' :41 DETAIL B Ra AD SLS 6E,'HAKICAL CREWP TYPE CCi*£CTOPS }y TH ] G1A I YAL4AN32CED STEEL PLATE FALL ARREST CABLE DETAIL ofPERFORATED 5OL[4RE STEEL TUBE f2' 71 Z' w @.a. 1 1E GAUGE -.HUHLEEP BuLT 7:6°, " HaLL UE f "•. twC mrr 4111 -.TEC TPI tu•.T 1 r]TH THFEE H' 1 C7- Ei.L.T,. I PERFLIRATEC SWORE STEEL TUBENG 1 '. I I I - I -'r I I C:ETL]L L TP -,,.,EL F ELKzS `:HOIILC'EE b(ILT - TUBE SHALL EXTEND TO B{ITTn4 OF limuNrEklra PLATE Cx)LTS UMP TO RET63H FALL ARWST CABLE w 5' LIU, %TA[hLEI,% '-TEFL -RULE 1aaT1r d 4W SHALL BE DIA.. m rpE mm W]N]a[u tfEhF[h,: sTPEkrTH Pan M. k KITH GRADE 9 AN PASS HnLES FrP ANCHaP14E '�Ys7EY A 1'" DCA. LMP AT E4=H Eh6 LOOPS FORM Br BE DRILLED TO J,°ao7d CF TUBE, THRDULH BOTH S[CES f REINFCP.C34 STEEL i Ik_H4410L -=R7 IAP TIPE CCY.h-CT] dk PER YAKLIFALTURER' ` Ir 49 k� T_-_-_ TOP OF FOOTEING. a° I I I + -�-- - -- ��-- FLUSH WITH ,I FINISHED WOE 41A•r14'a - � i LaTE _�-- ------ i__ SNrrHES TRIL ELOY, I MOUNC L74E RES[h ';,HALL BE 39&TALLER 74 cP-EHT PER �Ic TOD LO a K[wl sLUwp CIF 041, 167 1-d7ALIIETEP .41=HORS CC1?DhhCE 00TH STANDARD SF£0FEC.03045 :SE,'- 1039.1, }' DIAMETER - %. FALL MSEST PE574 AkCHORS 151 CABLE 15b BARRIER WALL INSTALLATION 11:° PEFFORATEC 33U4PE STEEL ELBE ?' x a" i 4-@, 1 1.' 1%) w 5' LIU, %TA[hLEI,% '-TEFL -RULE 1aaT1r d 4W 11MYE_ TME SHALL EKTEM@ a W7YI111 1 CF I,' UELnk rpE mm W]N]a[u tfEhF[h,: sTPEkrTH Pan M. k KITH THE Tup (x THE FblM03 uh TLE£_ A 1'" DCA. LMP AT E4=H Eh6 LOOPS FORM Br Ik_H4410L -=R7 IAP TIPE CCY.h-CT] dk PER YAKLIFALTURER' ` L2:. TUBE TO EATEuD AECrfE FBUhCA.T]04 Oh,L 7 ENOUGH 5PE"7FCCAT7045. CSE 15 TO BE RLIN INS[CE TO 4LL04 BOLT TC} BE 341ERTED 2.f Ml■■3NW, FEPF4PATEG SOUaPE STEEL TLBE. CABLE ISTE) BE I EEE° ONLY *E4 S IGH VOUFTEW, LUCIT704 IS UWER r5b CONCRETE YC>,' T@ HOLD FOUh6aT]Cr4 TUBE PLOWS, }17TH- SNrrHES TRIL ELOY, nUT o0ciko SHALL H1 -5E A WINµU4 r� 5-5 aCK4 S F RES[h ';,HALL BE 39&TALLER 74 cP-EHT PER �Ic TOD LO a K[wl sLUwp CIF 041, 167 1-d7ALIIETEP .41=HORS CC1?DhhCE 00TH STANDARD SF£0FEC.03045 :SE,'- 1039.1, LA) 2 R 24' IG.d.7 5.UFIE TUBE 7 =E AN +PPRCf■EI' uAECHA747=-4L rrPE 44CHOR 44T BE IF TH T415 IZyf D[AidETER HOLES 74 EACH FACE ' USED IF THE [7EY[CE EDUALS OR. EXCEEL6 THE FALL BELON TDP OF TUBE, TEST RECUCF£4EHTS OF SEC, 1059, r rs FILL ARREST ;.RULE TO UE SECLJFIED Tn `E+•T FILL HIILE BELal1 s[cN 441 EL -;E OF- I SHC■_tFEF - GEraL GROUND INSTALLATIO DETAIL N I EhEfE+L Mme Fifa CE4ERAL hKffES, SFE SHEET i OF 15. PEFFOP4TEO SQUARE STEEL TUBE SHALL BE SECURED TO FOUkrM U4 TIKE OR BjIM ER WALL YOUNT345 PLATE PITH .8 A 5HCLL[IE0 BELT PER PEFFORSTEC? 54UAPF STEEL TUBE YAk4.FL7TURE R'9 5PErEF7;:4TInh. IMN&JKI AWlti*+W'$KTA7P ' J6F6F3M LI110 CW3Tl T, .0 i!i yJl4 ej = SIGN MOUNTING DETAILS { EwERGEh, i REFERENCE mARRERS 3" -LEAN ArATE EET-IL 4 ■■n i111113c, ICr"Glr7dllF x'40. I.T1 rrcF.Mu A.m�dr 903 ■ 03BJ 15 CIF 15 Staff: Casey Brunke P.E., City Engineer Agenda: 6/19/2017 SUBJECT An Ordinance vacating the northernmost public alley right-of-way running east from Missouri Avenue to Scherer Lane rights-of-way and lying between Mississippi Street and New Madrid Street rights-of-way, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The City of Cape Girardeau received a request to vacate said alley right-of-way. Staff reviewed the request, contacted utility providers, and found no utility easements were needed. Additionally, the vacation of said alley is not contrary to any current City plans. A Notice of Public Hearing was published in the Southeast Missourian on May 24, 2017. STAFF RECOMMENDATION Staff asks Council to give consideration to the attached ordinance regarding the vacation of the right-of-way as described within the proposed ordinance and displayed on the attached map. PUBLIC OUTREACH A Notice of Public Hearing was published in the Southeast Missourian on May 24, 2017. A Public Hearing was held June 5, 2017. ATTACHMENTS: Name: Description: ❑ Vacate Scherer Lane Alley.doc Ordinance ❑ Scherer Alley Vacation.pdf Location Map ❑ Scherer Alley Exhibit and Legal Description.pdf Exhibit and Legal Description BILL NO. 17-78 ORDINANCE NO. AN ORDINANCE VACATING THE NORTHERNMOST PUBLIC ALLEY RIGHT-OF-WAY RUNNING EAST FROM MISSOURI AVENUE TO SCHERER LANE RIGHTS-OF- WAY, AND LYING BETWEEN MISSISSIPPI STREET AND NEW MADRID STREET RIGHTS-OF-WAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the City Council has received a request to vacate the northernmost public alley right-of-way running east from Missouri Avenue to Scherer Lane rights-of-way, and lying between Mississippi Street and New Madrid Street rights-of-way, in the City of Cape Girardeau, Missouri, and WHEREAS, a public hearing was held on June 5, 2017, at 7:00 p.m., at which time all interested parties were afforded the opportunity to speak in favor of or in opposition to the proposed vacation of the alley; and WHEREAS, at least ten days notice of the time and place of this hearing was published in a newspaper of general circulation in the City; and WHEREAS, the City Council has determined that the alley in question is not necessary or needed for any of the purposes for which it was dedicated and established; and WHEREAS, it is in the public interest that the lane be vacated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council hereby finds that it is in the public interest that this alley be vacated. ARTICLE 2. The City's alley on the following described real estate: AN ALLEY, BEING PART OF BLOCK 8 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN PLAT BOOK 2 ON PAGE 60, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: 1 BEGINNING at the Northwest Corner of Scherer Estates, a subdivision found in Plat Book 24, Page 65 of said land records; thence North 8°00'00" East, along the East Right of Way line of Missouri Avenue, 15.00 feet to the Southwest corner of Lot 11, Block 8 of said Monticello Addition; thence S 82000'00" East, along the South lines of Lots 11,10,and 9, 180.00 feet to the Southeast corner of Lot 9, said point being on the West side of public alley; thence South 8°00100" West, along the west line of said alley, 15.00 feet to the Northeast corner of Lot 2 of Scherer Estates; thence North 82°00'00" West, along the North line thereof, 180.00 feet to the POINT OF BEGINNING containing 2700 square feet, more or less. is hereby vacated. 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 STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of r 2017, before me appeared Harry E. Rediger, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. pi 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. My Commission Expires: Shonda Lancaster, Notary Public 3 City of Cape Girardeau Proposed Alley Vacation Off of Scherer Lane MISSISSIPAI 11 -------------------------------- A t �6& 0§ oAa �c k !` \ k\\] f!{)(/§:t * j:%§ |)!{}f§2{ ;/§] °,J 6993: /N)/)i��` }§!! !if !\:§ !;!/5;�!! El S !wl2;& §[§0 ;�|®3!/;! \zw �6& ago oAa �c k !` \ ago �c ;BE 04. ) go ago Staff: Ryan Shrimplin, AICP - City Agenda: Planner 6/19/2017 SUBJECT An Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of property located at 600 Highland Drive, in the City and County of Cape Girardeau, Missouri from R-3 to R-2. First Reading. EXECUTIVE SUMMARY The attached ordinance rezones property at 600 Highland Drive. A public hearing to consider the rezoning request was held on June 5, 2017. BACKGROUND/DISCUSSION An application has been submitted to rezone property at 600 Highland Drive from R-3 (High Density Single - Family Residential) to R-2 (Single -Family Urban Residential). The immediately surrounding properties are zoned R-2 (Single -Family Urban Residential) to the north, south, and west, and R-3 (High Density Single - Family Residential) to the east. The Comprehensive Plan's Future Land Use and Infrastructure Map shows this area as Parks and Recreation. An ordinance rezoning the property from R-3 to R-2 is attached. A public hearing to consider the rezoning request was held on June 5, 2017. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS In considering a rezoning request, both the Planning and Zoning Commission and the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. The subject area to be rezoned was a part of Rockwood Park until March 17, 2017, when the City executed a Quit Claim Deed to the adjacent property owner to the west. A boundary adjustment plat was later executed to adjust the boundary of the adjacent owner's lot to include the subject area. The original lot is zoned R-2 and the subject area is zoned R-3. The owner is requesting the subject area be rezoned to R-2 in order to establish a single zoning designation for entire expanded lot. The proposed zoning district is reasonable and in reasonable conformity because the rest of the lot is zoned R-2 as are all of the surrounding lots except for Rockwood Park. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the rezoning request. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing on the rezoning request at its May 10, 2017 meeting, and recommended approval with a vote of 7 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City Council's public hearing was advertised in the Southeast Missourian on May 21, 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: Name: ❑ 600 Highland Drive.doc ❑ Staff Review -Referral -Action Form.pdf ❑ Map - Zoning - 600 Highland Drive.pdf CI Map - FLU - 600 Highland Drive.pdf ❑ Application 600 Highland Drive Rezoning - Signed.pdf Description: Ordinance 600 Highland Dr - Staff RRA Form 600 Highland Dr - Zoning Map 600 Highland Dr - FLU Map 600 Highland Dr - Rezoning Application BILL NO. 17-80 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF PROPERTY LOCATED AT 600 HIGHLAND DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM R-3 TO R-2 WHEREAS, the City Planning and Zoning Commission has recommended rezoning all of the property described in Article 1 of this ordinance from R-3, High Density Single -Family Residential District, to R-2, Single -Family Urban Residential District; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and a public hearing was held on Monday, June 5, 2017, and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 from R-3, High Density Single -Family Residential District, to R-2, Single -Family Urban Residential District. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present R-3, High Density Single -Family Residential District, to R-2, Single -Family Urban Residential District, for the following described property: A PART OF OUTLOT NO. 29, UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at a 1/2" iron pin (found) at the Northeast corner of Lot No.l, Block "B", Rockwood Place Subdivision as recorded in Plat Book No.4 at Page No. 28 of the land records of the County Recorder's Office; thence S 070 20' 20" W, 197.56 feet along the East line of said Lot No.1 to an axle (found) on the North right-of-way line of Rockwood Drive and being the beginning of a non -tangent curve, concave to the 1 Northeast, having a radius of 244.93 feet, a central angle of 17° 02' 25" and from which a radial line bears, N 20° 00' 08" E; thence in a Southeasterly direction along said curve and right-of-way line, 72. 84 feet to a 1/2" iron pin (set) ; thence N 12° 18' 15" W, 215.33 feet to the point of beginning, containing 0.17 acres, more or less. ARTICLE 2. The City Council hereby finds and declares that the property described in Article 1 hereof is at the present time particularly suitable for the purposes and uses of the R-2, Single -Family Urban Residential District, and that such changes authorized hereby are reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2017. Harry E. Rediger, Mayor ATTEST: Bruce Taylor, Deputy City Clerk W CITY OF CAPE GIRARDEAU, MISSOURI I City Staff Review, Referral and Action on Rezoning/Special Use Permit Applicatioig LOCATION: - 600 Highland Drive - a STAFFREVIEW& COMMENTS6. Joyce Blattner is requesting to rezone property at 600 Highland Drive from the R-3 (High Density Single-family Residential) district to the R-2 (Single-family Urban Residential) district. SEE STAFF REPORT FOR FURTHER INFORMATION City Planner City At ey 412,7117 Date Date Date Planning &Zoning Commission Public Hearing Sign Posting Date: L3 -'-P'7 — Public Hearing Date: 05/10/17 RECOMMENDED ACTION. C0111fUF'VTN- Ordinance I" Reading Ordinance 2nd & 3rd Reading0- VOTE COUNT.-, Favor Oppose Abstain ORDINANCE # Effective Date: Favor Oppose Abstain Favor Oppose Abstain Trae Bertrand ar, Li L3 Scott McClanahan L�' L) Ll Larry Dowdy U/ Ll L) Bruce Skinner U Ll Ll Jeff Glenn LI, Ll U Doug Spooler U/ Ll Ll Kevin Greaser Ll Ll Tom Welch Ll Ll Patrick Koetting a�' L) Ll VOTE COUNT: Favor Oppose Abstain C0111fUF'VTN- Ordinance I" Reading Ordinance 2nd & 3rd Reading0- VOTE COUNT.-, Favor Oppose Abstain ORDINANCE # Effective Date: 9 00 W y 3 Rezoning Request - 600 Highland Drive Requested Rezoning: from the R-3 (High Density Single-family Residential) District to the R-2 (Single-family Urban Residential) District Future Land Use Recommendation: Parks & Recreation 1257 • N W E S 0 30 60 120 601 • 600 • 1243 • • Ro�kw_ a or •12371235 •1223 • " CITYOfCAPE , G I R A R D E A U Created by: Development Services Carol Peters April 10, 2017 Legend ® Area to be rezoned Parcels Zoning District L R1 R2 R3 1217 • Rezoning Request - 600 Highland Drive Requested Rezoning: from the R-3 (High Density Single-family Residential) District ------ to the R-2 (Single-family Urban Residential) District Future Land Use Recommendation: Parks & Recreation CO LU 601 i 00 Ro k ood pr 1257 • 121 • 243 1223 •1237 •1235 0 N Legend ® Area to be rezoned W E CITY® CAPE Parcels G I R A R D E A U FLU Recommendation S Created by: Development Services Low Density Residential 0 30 60 120Fee Carol Peters April 10, 2017 Parks and Recreation nI) REZONING / SPECIAL USE PERMIT APPLICATION CITY of CAPE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Property Address/Location 600 Highland Drive Applicant Property Owner of Record (if other than Applicant) Joyce Blattner Charles F. Blattner Voluntary Trust Dated 2/26/96 Mailing Address City, State, Zip Mailing Address City, Ste, Zip 600 Highland Drive Cape Girardeau, MO 63701 600 Highland Drive TCapeGjrardeau, MO 63701 Telephone Email Telephone Email (573) 335-5303 (573) 335-5303 Contact Person (if Applicant is a Business or Organization) Type of Request: Rezoning, Special Use Permit, or Both Rezonina (Attach additional owners information, if necessary) Existing Zoning District Proposed Zoning District (Rezoning requests only) R-3 R-2 Legal description of property to be rezoned and/or upon which the special use is to be conducted A PART OF OUTLOT NO. 29, UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at a'/Z" iron pin (found) at the Northeast corner of Lot No. 1, Block "B", Rockwood Place Subdivision as recorded in Plat Book No. 4 at Page No. 28 of the land records of the County Recorder's Office; thence S 07° 20'20" W, 197.56 feet along the East line of said Lot No. 1 to an axle (found) on the North right-of-way line of Rockwood Drive and being the beginning of a non -tangent curve, concave to the Northeast, having a radius of 244.93 feet, a central angle of 17° 02' 25" and from which a radial line bears, N 20° 00' 08" E; thence in a Southeasterly direction along said curve and right-of-way line, 72.84 feet to a'/z" iron pin (set); thence N 12° 18' 15" W, 215.33 feet to the point of beginning, containing 0.17 acres, more or less. Describe the proposed use of the property. Single family residential Application continues on next page OFFICE USE ONLY Date Received & By _)" v File No. 3 MUNIS Application No. Planning & Zoning Commission Recommendation City Council Final Action Date Date Revised 08/11/2016 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. 2) The proposed special use will not substantially increase fire hazards. 3) The proposed special use will not adversely affect the character of the neighborhood. 4) The proposed special use will not adversely affect the general welfare of the community. 5) The proposed special use will not overtax public utilities. ADDITIONAL ITE S 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 commen�g any use or work on the property. e w. PrrSgerty Nwner of Record`§(gnature 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, and that the Property Owner(s) of Record hereby agree to the above certifications. Applicant Signature and Printed Name Date Revised 08/11/2016 Staff: Ryan Shrimplin, AICP - City Agenda: Planner 6/19/2017 SUBJECT An Ordinance authorizing the City Manager to execute a Transportation Planning Consolidated Grant Agreement with the Missouri Highways and Transportation Commission for Southeast Metropolitan Planning Organization expenses. EXECUTIVE SUMMARY The attached ordinance authorizes the execution of a grant agreement on behalf of the Southeast Metropolitan Planning Organization. BACKGROUND/DISCUS SION The Southeast Metropolitan Planning Organization (SEMPO) is a federally mandated and funded policy- making organization that oversees transportation planning for the Cape Girardeau -Jackson urbanized area. As authorized in the Memorandum of Understanding, the City of Cape Girardeau provides administrative services and staff support for SEMPO. Each fiscal year, SEMPO receives grant funds from the Federal Highway Administration and the Federal Transit Administration to cover eligible expenses. The grant is administered by the Missouri Highways and Transportation Commission. As the administrative body for SEMPO, the City of Cape Girardeau receives the funds and therefore is required to execute a Transportation Planning Consolidated Grant Agreement. The agreement for FY 2018 is attached. The agreement period is from July 1, 2017 to June 30, 2018. FINANCIAL IMPACT The agreement authorizes the City of Cape Girardeau to receive funds up to $215,696 for reimbursement of eligible expenses incurred by SEMPO during the agreement period. A 20% local match is required. Per the Memorandum of Understanding, the local match is to be divided among the member organizations, with the City of Cape Girardeau paying 28.6%. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Execution of the agreement is necessary for SEMPO to fulfill its duties as the metropolitan planning organization for the Cape Girardeau -Jackson urbanized area, as mandated by federal law. STAFF RECOMMENDATION Staff recommends approval of the ordinance authorizing execution of the Transportation Planning Consolidated Grant Agreement. ATTACHMENTS: Name: Description: ❑ MODOT Transportation Consolidated Grant 2017.doc Ordinance ❑ 2017-05-34026.pdf Transportation Planning Consolidated Grant Agreement BILL NO. 17-83 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A TRANSPORTATION PLANNING CONSOLIDATED GRANT AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR SOUTHEAST METROPOLITAN PLANNING ORGANIZATION EXPENSES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1. The City Manager is hereby authorized and directed to execute, on behalf of the City, a Transportation Planning Consolidated Grant Agreement between the City of Cape Girardeau and the Missouri Highways and Transportation Commission for Southeast Metropolitan Planning Organization expenses, and the City Clerk is hereby authorized and directed to attest to said document and to affix the seal of the City thereto. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, with such changes therein as shall be approved by the officers of the City executing the same. Article 2. This Ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS day of , 2017. Harry E. Rediger, Mayor (SEAL) ATTEST: Bruce Taylor, Deputy City Clerk CCO Form: TP01 Approved: 12/93 (GWS) Revised: 03/17 (13G) Modified: MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION TRANSPORTATION PLANNING CONSOLIDATED GRANT AGREEMENT THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau, Missouri (hereinafter, "Grantee"). WITNESSETH: WHEREAS, 23 U.S.C. Sections 104(f) and 134, and 49 U.S.C. Section 5303, provide metropolitan transportation planning funds for metropolitan planning organizations as designated by the Governor of the State of Missouri; and WHEREAS, the Commission is the state agency designated to receive and dispense both the above named funds to accomplish metropolitan transportation planning in the Cape Girardeau urbanized area; and WHEREAS, the Grantee has been designated by the Governor of the State of Missouri as the local organization to conduct transportation planning for the Cape Girardeau urbanized area and to receive and expend the above named funds on its behalf; and WHEREAS, the Grantee has described the transportation planning work to be carried out and included a complete budget detailing the use of the above named funds in an annually updated Unified Planning Work Program (UPWP); and WHEREAS, the UPWP is accepted by the Commission, the Grantee, and the United States Department of Transportation (hereinafter, "USDOT"), describing the purposes and funding of all program components to be annually accomplished under this Agreement. NOW THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: (1) PURPOSE AND SOURCE OF FUNDS: The purpose of this Agreement is to assist the Grantee in financing project expenses that are eligible for federal financial assistance. The Commission will make a grant from available federal funds in a manner consistent with the rules of the USDOT, Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) under 23 U.S.C. Sections 104(f) and 134 and 49 U.S.C. Section 5303. These rules include 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The - 1 - catalog of federal domestic assistance identification number (CFDA) is 20.205 for funds under 23 U.S.C. Sections 104(f) and 134 and 20.505 for funds under 49 U.S.C. Section 5303. The amount of available funds is limited by the unused portion of the above planning funds allocated to th Cape Girardeau urbanized area under the above acts and any amendments thereto. (2) SCOPE OF WORK AND BUDGET: Grantee will undertake and complete the program of work specified in the approved UPWP and the budget or scope of services (Appendix A). (3) REPORTS: (A) All draft reports, the cost of which will be considered a direct cost, will be submitted to the Commission for review prior to printing in final form. The Commission will be provided with an electronic copy of each draft and the final report. (B) All reports, drawings, estimates, surveys, memoranda and other papers submitted by the Grantee shall be dated and bear the Grantee's name. (4) PUBLICATION PROVISIONS: (A) Copyright: Papers, interim or final reports, forms or other materials which are a part of the work under contract may be copyrighted without written approval of the Commission, and FHWA or FTA as appropriate. (B) Request for Publication: Either party to the Agreement or FHWA or FTA may initiate a request for publication of reports or any request thereof. (C) Abstracts: When the scheduled time for presentation of a paper does not permit formal review and approval of a complete report, abstracts may be used for notification of intent to present a paper based on the study. Such presentation must protect the interests of the other party by the inclusion of a statement in the paper and in the presentation to the effect that the paper has not been reviewed by the other party or FHWA or FTA. (D) Publication: Publication by either party shall give credit to the other party or FHWA or FTA unless upon failure of agreement of any report of the study, FHWA, FTA or either of the contracting parties requests that its credit acknowledgment be omitted and then the following statement shall be added: "The opinions, findings and conclusions expressed in this publication are those of the authors and not necessarily those of the Missouri Highways and Transportation Commission, the Federal Highway Administration or the Federal Transit Administration." -2- (E) Use of Data: After acceptance of reports, all parties are free to use the data and results for whatever purpose. (F) Cooperative Participation: All reports shall contain a statement crediting the cooperative participation of all agencies, including the USDOT, FHWA or FTA as appropriate. (G) Freedom of Information: The publication provisions contained in this paragraph (4) are subject to the provisions of Chapter 610, RSMo, and all applicable laws of the United States Government concerning freedom of information. (5) RETENTION OF RECORDS: The Grantee or any approved subcontractor shall be required to maintain accounting records and other evidence pertaining to the cost incurred regarding the study and to make the records available to the Commission at its office at all reasonable times during the contract period and for three years from the date of the final payment of federal funds. Such accounting records and other evidence pertaining to the costs incurred will be made available for inspection by the Commission, FHWA, FTA, or any authorized representative thereof, and copies shall be furnished if requested. (6) INFORMATION FURNISHED AND WORK PERFORMED BY THE GRANTEE: The Grantee shall make available to the Commission upon request all of the data, reports, analysis, transcripts of hearings, maps, drawings, tables, and other pertinent background information related to the scope of services under this Agreement. (7) INFORMATION AND WORK FURNISHED BY THE COMMISSION: (A) The Commission shall make available to the Grantee all of the data, reports, analysis, transcripts of hearings, maps, drawings, tables and other pertinent background information related to the scope of services under this Agreement that the Commission deems necessary and non -confidential. No report, information, data or other materials provided to the Grantee shall be given to any individual or organization without the written approval of the Commission. (B) The Commission will receive reimbursement from the Grantee for computer work performed by the Commission for the urbanized area as authorized by the Grantee. This should in no way restrict the Grantee from utilizing other computer services available elsewhere. (8) PROJECT TIME PERIOD: Work under this Agreement shall begin July 1, 2017 and extend to June 30, 2018. No work shall be performed under this Agreement until a notice to proceed is received from the Commission. (9) CONTRACT PRICE AND PAYMENT: (A) Total Price: For the work described in this Agreement, the -3- Grantee shall receive payment based on actual costs, as defined in subparagraph B of paragraph (9) up to the maximum amount of $215,696 defined as consolidated planning funds. The local matching share shall be 20 percent for funds provided under 23 U.S.C. Section 104(f) and under 49 U.S.C. Section 5303. The local matching share may be either cash or direct cost match or a combination of both. (B) Progress Payments: The Commission agrees to make progress payments to the Grantee not more than monthly upon receipt of a proper invoice and certification for services actually performed under this Agreement. Certification of services will be documented by a progress report submitted at least quarterly within 30 days after the end of the reporting period. However, the last progress report may be waived and included in the final or project completion report. Each progress report shall include tasks, what percentage of each task has been completed and overall task completion rate. Invoices will be based on actual costs incurred. Each invoice will show the breakdown of the cost incurred among the Grantee and the Commission. Such progress payments will be based on actual cost incurred. In no instance shall the progress payments exceed the percentage of work completed, per the judgment of the Commission's chief engineer. The accounting for and billing of project charges will be accomplished as follows: 1. The Grantee will establish cost principles for use in determining the allowability of individual items of costs in accordance with 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." 2. Direct labor charges shall be based on actual time expended at the current approved gross salary of the assigned staff member. 3. Employee fringe benefits shall be based on a provisional rate, subject to audit, of direct labor costs. This rate is set on the basis of the employer's actual cost for group life insurance, health insurance, pension plan, workers compensation, holidays, F.I.C.A. taxes, accrued costs for sick leave, vacation and other items included in the Grantee's approved fringe benefit package to the total annual salaries paid. This rate is reviewed and adjusted annually and will be specified in the fiscal year scope of services. 4. Indirect costs shall be based on the approved cost allocation plan supported by the Grantee's annual budget for the fiscal year in which the scope of services is to be carried out. A rate is calculated on the basis of the estimated total annual administrative expenses, excluding known unallowable costs as prescribed in various federal regulations, including 2 C.F.R. Part 200, divided by the sum of total annual salaries chargeable as direct labor. Calculation of the indirect rate is specified in the cost allocation plan and is approved by the audit agency. The indirect rate is audited and adjusted at each fiscal year end by the audit agency. The applicable rate will be specified in Appendix A. 5. Other direct costs charges shall be based on actual cost of -4- supplies and equipment purchased or rented for exclusive use of this project. Procurement of supplies and equipment should be in accordance with procedures established by the State of Missouri and Paragraph (26). (C) Compensation: Compensation shall be paid by the Commission to the Grantee for work performed hereunder subject to the limitations of subparagraphs A and B of this paragraph (9), as supported by Appendix A. (D) Direct Costs: The following are considered as direct costs and chargeable as such: 1. Salaries and fringe benefits. 2. Other non -salary expenses directly related to the completion of the work program activities, such as: classified advertising, contractual services, data processing, equipment maintenance and rental, meetings and conferences, postage, publications, reproduction, supplies, travel and long distance calls. (E) Final Payment: The final payment will be made only after acceptance by the Commission of a project completion report, summarizing the results of the job elements under this Agreement, considered to be satisfactory to the Commission. This project completion report is due within 60 days after the Agreement end date. The Commission's obligation will extend only to those costs incurred as verified by the final audit. A final audit will be completed after the acceptance of the project completion report. If Grantee was over compensated according to final audit results, Grantee will reimburse the Commission the amount as specified by the final audit. If additional compensation is due Grantee, Grantee will present a supplemental invoice to the Commission for payment of the amount specified by the final audit. (F) Checks: Checks in payment for the services rendered hereunder shall be drawn to the order of the City of Cape Girardeau. The Grantee hereby agrees that the acceptance of the check so drawn shall constitute full payment for the Commission to the Grantee for the services for which such payments are made. (G) Title to Work Products: The making of payments to the Grantee in the manner aforesaid shall vest in the Commission title to the studies, documents and material produced by the Grantee under the terms of this Agreement up to the time of such payments, and the Commission shall have the right to use the same for any public purpose or make any desirable alterations thereto without other further compensation to the Grantee or to any other such agency or persons. (H) Single Audit Requirement: If the Grantee receives $750,000 or more per year total of all Federal assistance from all sources including Federal funds under this Agreement, it shall be required to have an independent annual single audit done in accordance with 2 C.F.R. Part 200, "Uniform Administrative Requirements, Cost -5- Principles, and Audit Requirements for Federal Awards." A copy of the audit report shall be submitted to the Missouri Department of Transportation (MoDOT) within 30 days of the issuance of the report. Subject to the requirements of 2 C.F.R. Part 200, if the Grantee obtains less than $750,000, the Grantee may be exempt from 2 C.F.R. Part 200 auditing requirements, but records must be available for review by applicable State and Federal authorities in accordance with Paragraph (5). The Commission reserves the right to audit expenditures under this Agreement independently in a separate report. (10) INSPECTION OF RECORDS: The Grantee shall assure that representatives of the Commission and FHWA shall have the privilege of inspecting and reviewing the work being done by the Grantee's contractor and subcontractor on the herein project. The Grantee shall also assure that its contractor, and all subcontractors, if any, maintain all books, documents, papers and other evidence pertaining to costs incurred in connection with the work program and make such materials available at such contractor's office at all reasonable times at no charge during this Agreement period, and for three (3) years from the date of final payment under this Agreement, for inspection by the Commission, FHWA or any authorized representatives of the Federal Government and the State of Missouri, and copies shall be furnished, upon request, to authorized representatives of the Commission, State, FHWA, or other Federal agencies. (11) CHANGES: The Commission or the Grantee may, from time to time, request changes in the scope of UPWP work. Changes in the scope of UPWP work that do not involve any increase or decrease in the amount of the Grantee's compensation shall be made with the mutual agreement of the parties to this Agreement evidenced by letters from each to the other. Changes involving adjustments to limiting amounts contained in the scope of UPWP work of any increase or decrease in the total amount of compensation which are mutually agreed upon by and between the Commission and the Grantee shall be incorporated in written amendments or supplements to this Agreement. (12) INDEMNIFICATION: (A) To the extent allowed or imposed by law, the Grantee shall defend, indemnify and hold harmless the Commission, including its members and department employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the Grantee's wrongful or negligent performance of its obligations under this Agreement. (B) In no event shall the language of this Agreement constitute or be construed as a waiver or limitation for either party's rights or defenses with regard to each party's applicable sovereign, governmental, or official immunities and protections as provided by federal and state constitution or law. (13) TERMINATION OF AGREEMENT: (A) Non -Performance: If Grantee shall for any cause fail to perform WON any of the provisions of this Agreement or fail to complete any of the work described in this Agreement, the Commission may terminate this Agreement. Also, the Commission may terminate this Agreement if the conduct or progress of the work is such that it is not up to professional standards of objectiveness, fairness, accuracy and completeness. (B) Correction: The Commission may provide Grantee with a written notice of the defect(s) in Grantee's performance specifying a period of time for Grantee to correct such defect(s). (C) Written Notice: To terminate this Agreement, the Commission must give Grantee at least 15 days written notice specifying the reason(s) for termination. (D) Partial Payment: If the Commission terminates the Agreement, the Commission shall be liable only for the work rendered to the date of termination based on the compensation described in the scope of services. Grantee, for itself, its successors, assigns and legal representatives, agrees to accept this amount of compensation in full satisfaction of all claims for compensation under this Agreement. This does not abrogate the Grantee's right under law. (E) Work Products: In the event of termination, Grantee shall deliver to the Commission, as property of the Commission, all designs, reports, drawings, studies, estimates, surveys, computations, memoranda, documents and other papers or materials either furnished by the Commission or prepared by or for the Grantee under this Agreement. In addition, ownership of all designs, reports, drawings, studies, estimates, models, computations, etc. prepared under this Agreement shall vest in the Commission, at the Commission's option. The Commission reserves the right to postpone or abandon further work of the type described by this Agreement or to cause such work to be continued or completed in such manner, by such person(s), and under such terms and agreements as the Commission shall determine. (14) DISPUTES: The Commission's chief engineer will in all cases decide any and all questions which may arise in connection with the work not disposed of by agreement among or between the parties to the contract. (15) NONDISCRIMINATION ASSURANCE: With regard to work under this Agreement, Grantee agrees as follows: (A) Civil Rights Statutes: The Grantee shall comply with all state and federal statutes relating to nondiscrimination, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d and 2000e), as well as any applicable titles of the Americans with Disabilities Act). In addition, if the Grantee is providing services or operating programs on behalf of Department or the Commission, it shall comply with all applicable provisions of Title II of the Americans with Disabilities Act. (B) Administrative Rules: The Grantee shall comply with the -7- administrative rules of the U.S. Department of Transportation relative to nondiscrimination in federally -assisted programs of the USDOT (49 CFR Subtitle A, Part 21) which are herein incorporated by reference and made part of this Agreement. (C) Nondiscrimination: The Grantee shall not discriminate on grounds of the race, color, religion, sex, national origin, age or disability of any individual in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Grantee shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Subtitle A, Part 21.5 including employment practices. (D) Solicitations for Subcontracts, Including Procurements of Material and Equipment: These assurances concerning nondiscrimination also apply to subcontractors and suppliers of the Grantee. These apply to all solicitations either by competitive bidding or negotiation made by the Grantee for work to be performed under a subcontract including procurement of materials or equipment. Each potential subcontractor or supplier shall be notified by the Grantee of the requirements of this Agreement relative to nondiscrimination on grounds of the race, color, religion, sex, national origin, disability, or age of any individual. (E) Information and Reports: The Grantee shall provide all information and reports required by the Agreement, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Commission or the USDOT to the pertinent to ascertain compliance with other such contracts, orders and instructions. Where any information required of the Grantee is in the exclusive possession of another who fails or refuses to furnish this information, the Grantee shall so certify to the Commission or the USDOT as appropriate and shall set forth what efforts it has made to obtain the information. (F) Sanctions for Noncompliance: In the event the Grantee fails to comply with the nondiscrimination provisions of this Agreement, the Commission shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including but not limited to: 1. Withholding of payments to the Grantee under the Agreement until the Grantee complies; and/or 2. Cancellation, termination or suspension of the Agreement, in whole or in part. (G) Incorporation of Provisions: The Grantee shall include the provisions of paragraph (15)(A) of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempted by the statutes, executive order, administrative rules or instructions issued by the Commission or the M USDOT. The Grantee will take such action with respect to any subcontract or procurement as the Commission or the USDOT may direct as means of enforcing such provisions, including sanctions for noncompliance; provided that it in event the Grantee becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Grantee may request the United States to enter into such litigation to protect the interests of the United States. (H) Title VI Program Reporting Requirements: The Grantee shall comply with data collection and reporting requirements subject to Title VI of the Civil Rights Act of 1964 and the implementing regulations of 28 CFR Part 42, Subpart F and 49 CFR Part 21. Such general and program specific required information shall be provided to the Commission yearly if updated information is warranted or at a minimum of every three years. Required submittals shall be made by December of the current agreement period. (16) SECTION 504 ASSURANCES: The Grantee shall comply with all the requirements imposed by Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 790 et seq.) and the administrative rules of the USDOT (49 CFR Subtitle A, Part 27). (17) RESTRICTION ON LOBBYING: The Grantee shall comply with the requirements of 31 U.S.C. Section 1352. (18) NO OBLIGATION BY THE FEDERAL GOVERNMENT: The Grantee acknowledges and agrees that, notwithstanding any concurrence by the USDOT in or approval of the solicitation or award of the underlying contract, absent the express written consent by the USDOT, the USDOT is not a party to this Agreement and shall not be subject to any obligations or liabilities to the Grantee or any other party pertaining to any matter resulting from this Agreement. The Grantee agrees that it will ensure that the contractor will include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. (19) CLEAN WATER: The Grantee agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. Part 1251 et seq. The Grantee will require its contractor to report each violation to the Grantee and understands and agrees that the Grantee will, in turn, report each violation as required to assure notification to FTA and the appropriate United States Environmental Protection Agency (hereinafter, "EPA") Regional Office. The Grantee agrees that it will ensure that the contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. (20) ENERGY CONSERVATION: The Grantee agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6321 et seq.). (21) FEDERAL CHANGES: The Grantee shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the most recent issued FTA Master Agreement, as they may be amended or promulgated from time to time during the term of this Agreement. The Grantee's failure to comply shall constitute a material breach of this Agreement. (22) CLEAN AIR: The Grantee agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 USC 7401 et seq. The Grantee shall ensure that its contractor will report each violation to the Grantee. The Grantee will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Grantee also agrees to include these requirements in each contract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. (23) PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS: (A) The Grantee acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR Subtitle A, Part 31, apply to its actions pertaining to this Agreement. The Grantee shall ensure that the contractor will certify or affirm the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract of the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Grantee further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the USDOT reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Grantee to the extent the USDOT deems appropriate. (B) The Grantee also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the USDOT under a contract connected with a project that is financed in whole or in part with Federal assistance provided by FTA under authority of 49 USC 5303, the USDOT reserves the right to impose the penalties of 18 USC 1001 on the Grantee, to the extent the USDOT deems appropriate. (C) The Grantee agrees to include the above two clauses in each of its contracts financed in whole or in part with Federal assistance provided by FTA. It is -10- further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. (24) DEBARMENT AND SUSPENSION: The Grantee agrees to comply with the requirements of the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction as submitted with the grant application. (25) SUBCONTRACTING: All work to be subcontracted shall be identified in the UPWP, regardless of amount. All subcontracts of $50,000 or more shall be submitted to the Commission for review and approval. Grantee's approved contracting administration procedures may be used provided assurance is given that they conform to applicable Federal statutes, executive orders and regulations in accordance with 49 CFR Part 18 or 23 CFR Part 172 and Missouri statutes. Approval to subcontract for services incidental to the study operations, such as printing and computer services, is not required. Copies of all executed subcontracts, except those for incidental services, shall be furnished to the Commission. (26) EQUIPMENT AND INSTRUMENTATION: (A) All equipment and instrumentation to be purchased under this agreement shall be identified specifically in the UPWP. Equipment or instrumentation mean an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost which equals $5,000 or more. Grantee's approved procurement procedures may be used provided assurance is given that they conform to applicable Federal statutes, executive orders and regulations in accordance with 2 C.F.R. Part 200 and Missouri statutes. (B) Purchases costing less than $5,000 are not subject to 2 C.F.R. Part 200 but shall follow Grantee's procurement procedures. However, purchases may not be subdivided to avoid this limitation. The Grantee certifies that no equipment and instrumentation listed for purchase in the UPWP have been included in the indirect costs approved for this Agreement. (27) TRAVEL: The Commission approves Grantee staff travel expenses for work performed under this Agreement and provided for in the scope of services. Any additional travel must have prior approval of the Commission to be eligible for a direct cost reimbursement. The rate of reimbursement shall be in accordance with the Grantee's approved travel policy. (28) COMPLIANCE WITH LAWS: The Grantee agrees to comply with all federal, state and local laws and ordinances applicable to the prosecution of the work covered by this Agreement. (29) DISADVANTAGED BUSINESS ENTERPRISES: Grantee agrees to prepare and submit for the Commission's approval, a disadvantaged business - 11 - enterprise plan as defined in 49 CFR Part 26, if Grantee receives financial planning assistance from the U.S. Department of Transportation and will award prime contracts exceeding $250,000 in a single fiscal year or if Grantee is required to do so by 49 CFR Part 26.21. (30) BUDGET: (A) Summary: Appendix A, Section 1, includes a budget summary, which lists the following: 1. Estimated Expenditures: These would be the total of all UPWP components by federal funding type funded under this Agreement itemized by various cost categories. These categories may include but are not limited to: salaries, fringe benefits, indirect costs, contract services, equipment, data processing, meeting, conference, travel, printing, publications, supplies and other or miscellaneous expenses. 2. Estimated Revenues: These are the total anticipated funding and agency sources by federal funding type for work funded under this Agreement. (B) Payment: The Grantee will receive payment by the Commission based on the following: 1. Agency Funding Participation: Appendix A, Section 2, lists estimated funding participation by various agencies for the UPWP program components funded under this Agreement. For the work by program component described in the UPWP and similarly identified in Appendix A, Section 2, payment will be made from the appropriate funds based on the proportionate share of FHWA PL or FTA Section 5303 funds, or consolidation of the two funds, being utilized from the Commission. The relationship of the manpower and cost borne under this Agreement to the total manpower and cost required to complete each program component is derived from the approved UPWP. The obligation of the Commission shall not exceed the amounts set out in Paragraph (9), Subparagraph (A). 2. Details of Missouri FHWA PL and/or FTA Section 5303 Matching Funds: Appendix A, Section 2, also lists the respective amounts of local matching funds by providing agency and the program components of the UPWP to which they are applied for the Missouri federal funds utilized under this Agreement. Application of local matching funds in the form of direct cost match or cash from the Commission to the various program components will be determined by the Commission in accordance with Missouri laws. Use of Commission local matching funds by the Grantee shall be based on the proportionate share of cost by program component as given in Appendix A, Section 2. Local matching funds from the Commission shall not exceed the federally required matching share for any Missouri federally funded program component. The Commission's cash payment obligation shall be in accordance with Paragraph (9), Subparagraph (A). -12- (C) Procedures: The following procedures shall be followed when deviations from Appendix A or the scope of services program components occur or are anticipated to occur: 1. Cost Overruns: A. Program component overruns of thirty percent (30%) or less will be considered as eligible costs provided: (1) The total scope of services dollar amount is not increased and written approval is obtained from the Commission's chief engineer or; (11) If the total scope of services dollar amount is increased, an amended scope of services is executed between the Commission and the Grantee. B. Program component overruns in excess of thirty percent (30%) will require an amended scope of services between the Commission and the Grantee. C. Requests for overruns in program components shall be in writing and include the anticipated amount of overruns on other program components. 2. Agency Funding Participation: Revisions in the agency (i.e. FHWA, FTA, HUD, EPA) funding participation as shown in the scope of services require written approval by the Commission's chief engineer. Requests for revisions shall include the reason for the revisions, the proposed agency funding and the effect of the revisions on program components. 3. The Grantee shall monitor costs and initiate timely requests for approval as outlined above. Retroactive revisions of this scope of services will not be allowed. (31) AMENDMENTS: Any change in this Agreement, whether by modification and/or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representatives of the Grantee and the Commission. (32) COMMISSION REPRESENTATIVE: The Commission's chief engineer is designated as the Commission's representative for the purpose of administering the provisions of this Agreement. (33) ASSIGNMENT: The Grantee shall not assign or delegate any interest in the Agreement and shall not transfer any interest in the Agreement, whether by assignment or notation without the prior written consent of the Commission. -13- (34) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The Grantee shall comply with all local, state and federal laws and regulations relating to the performance of the Agreement. (35) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. [Remainder of Page Intentionally Left Blank] -14- IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the Grantee on Executed by the Commission on MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION Title ATTEST: Secretary to the Commission Approved as to Form: Commission Counsel -15- GRANTEE 22 Title ATTEST: By Title Approved as to Form: By Title (DATE). (DATE). Staff: John Richbourg, Finance Director Agenda: 6/19/2017 SUBJECT This ordinance adopts the budget for the fiscal year ending June 30, 2018. EXECUTIVE SUMMARY The City Charter requires a public hearing regarding the proposed city budget be held each year before the budget is adopted. This hearing was scheduled to be held at the June 5, 2017 City Council meeting. Council will be asked to approve the first reading of the budget ordinance after the public hearing has been held. BACKGROUND/DISCUSSION All material items included in this proposed budget have previously been discussed at the Council Retreat. The proposed budget maintains the same property tax levy as the current year. This budget proposes changes to the City's Inspection Service Fee Schedule and increases to sewer, water and solid waste fees. These changes and increases are detailed on pages 390-393, 266, 284,and 292 of the proposed budget, respectively. The property tax levy will be adopted in August after a public hearing has been held. STAFF RECOMMENDATION Staff recommends approval of the first reading of the ordinance to adopt the annual operating budget following the public hearing. Any desired changes to the budget should be specifically agreed to at this meeting or no later than the June 19 City Council meeting when you give final readings to the budget ordinance. PUBLIC OUTREACH The 2017-2018 Proposed Operating Budget is on the City's web page at cijyofcMe.org/finance. ofcMe.org/finance. It is also available for review in the City Clerk's office. ATTACHMENTS: Name: F-1 2017-2018 Operating Budget.doc Description: Ordinance BILL NO. 17-84 AN ORDINANCE BUDGET FOR MISSOURI, FOR 1, 2017 ORDINANCE NO. ADOPTING THE ANNUAL OPERATING THE CITY OF CAPE GIRARDEAU, THE FISCAL YEAR BEGINNING JULY WHEREAS, the City Manager has submitted a proposed budget to the City Council in accordance with Section 6.02 of the City Charter; and WHEREAS, the proposed budget provides a complete financial plan of all City funds and activities for the fiscal year in accordance with Section 6.03 of the City Charter; and WHEREAS, the City Council has held the required public hearing on the budget in accordance with Section 6.06 of the City Charter; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council hereby adopts the annual operating budget for the fiscal year of July 1, 2017 to June 30, 2018. A copy of this document is on file in the office of the City Clerk. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF Harry E. Rediger Mayor ATTEST: Bruce Taylor, Deputy City Clerk 2017. Staff: Casey Brunke, P.E., City Engineer Agenda: 6/19/2017 SUBJECT An Ordinance authorizing the Mayor to execute a Special Warranty Deed to SEMO Legends, LLC, for property along North Sprigg Street, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance conveys property along North Sprigg Street to SEMO Legends, LLC for the Legends of Cape Girardeau development. BACKGROUND/DISCUSSION On April 3, 2017, the City Council approved selling a portion of the property along North Sprigg Street for fair market value to SEMO Legends, LLC. A Special Warranty Deed has been prepared for this purpose and is attached. FINANCIAL IMPACT SEMO Legends, LLC is paying $10,920 for the property. The City will pay the recording fee. STAFF RECOMMENDATION Staff recommends approval of the ordinance authorizing the Mayor to execute a Special Warranty Deed to SEMO Legends, LLC for property along North Sprigg Street. ATTACHMENTS: Name: 0 SEMO Legends Special Warranty Deed.doc ❑ SpecWtyDeed City to Legends North sprigs st.doc Description: Ordinance SWD SEMO Legends BILL NO. 17-85 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SPECIAL WARRANTY DEED TO SEMO LEGENDS, LLC, FOR PROPERTY ALONG NORTH SPRIGG STREET, 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 SEMO Legends, LLC, for property along North Sprigg Street, in the City and County of Cape Girardeau, Missouri, more particularly described as follows: Commence At The Southeast Corner Of The Northeast Quarter of The Northwest Quarter Of Section 29; Thence South 89013121" West along the south line of said Northeast Quarter Of The Northwest Quarter of Section 29, 953.82 feet to a point on the existing north right-of-way line of North Sprigg Street and the point of beginning; thence with the proposed new north right-of-way line of North Sprigg Street, continue South 89°13'21" West, 43.79 feet; thence leaving said south line and along the arc of a non -tangent curve, concave to the northwest, having a radius of 2,907.00 feet, a distance of 694.63 feet (the chord of said arc bears North 05°51'13" East, 692.98 feet); thence North 00°59'31" West, 539.46 feet; thence North 89°00'29" East, 17.82 feet to a point on the existing north right-of-way line of North Sprigg Street; thence leaving the proposed new north right-of-way line and with said existing north right-of-way line, South 16°37'36" East, 129.81 feet; thence South 07032147" West, 303.36 feet; thence South 07056'18" East, 229.74 feet; thence South 06°2253" West, 579.39 feet to the point of beginning and containing 0.83 acres, more or less, subject to any easements of record. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. 1 PASSED AND ADOPTED THIS DAY OF , 2017. Harry E. Rediger, Mayor ATTEST: Bruce Taylor, Deputy City Clerk SPECIAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That on this day of , 2017, THE CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation organized and existing under the laws of the State of Missouri, of the County of Cape Girardeau in the State of Missouri, GRANTOR, in consideration of Ten Dollars ($10.00) and other valuable consideration, to it paid by SEMO LEGENDS, LLC, a Missouri Limited Liability Company, of the County of Cape Girardeau, in the State of Missouri, GRANTEE, (mailing address of said first named grantee is: 5646 Milton Street Suite 410, Dallas Texas 75206 the receipt whereof is hereby acknowledged, and by virtue and pursuance of an ORDINANCE OF THE CITY COUNCIL OF SAID CITY, does by these presents, SELL AND CONVEY unto the Grantee, its successors and assigns, the following described lots, tracts or parcels of land, lying, being and situate in the City and County of Cape Girardeau and State of Missouri, to -wit: A Part of United States Private Survey No. 174, Township 30 North, Range 13 East of TRACT DESCRIPTION FOR SEMO LEGENDS, LLC That Part Of The Northeast Quarter Of The Northwest Quarter Of Section 20, Township 31 North, Range 14 East Of The Fifth Principal Meridian, City And County Of Cape Girardeau, State Of Missouri, Described As Follows: Commence At The Southeast Corner Of The Northeast Quarter Of The Northwest Quarter Of Section 29; Thence South 89°13'21" West Along The South Line Of Said Northeast Quarter Of The Northwest Quarter Of Section 29, 953.82 Feet To A Point On The Existing North Right -Of - Way Line Of North Sprigg Street And The Point Of Beginning; Thence With The Proposed New North Right -Of -Way Line Of North Sprigg Street, Continue South 89°13'21" West, 43.79 Feet; Thence Leaving Said South Line And Along The Arc Of A Non -Tangent Curve, Concave To The Northwest, Having A Radius Of 2,907.00 Feet, A Distance Of 694.63 Feet (The Chord Of Said Arc Bears North 05°5F1 3" East, 692.98 Feet); Thence North 00°59'31" West, 539.46 Feet; Thence North 89°00'29" East, 17.82 Feet To A Point On The Existing North Right -Of -Way Line Of North Sprigg Street; Thence Leaving The Proposed New North Right -Of -Way Line And With Said Existing North Right -Of -Way Line, South 16°37'36" East, 129.81 Feet; Thence South 07°32'47" West, 303.36 Feet; Thence South 07'56'18" East, 229.74 Feet; Thence South 06°22'53" West, 579.39 Feet To The Point Of Beginning And Containing 0.83 Acres, More Or Less, Subject To Any Easements Of Record. TO HAVE AND TO HOLD the same, together with all rights, privileges, appurtenances, and immunities thereto belonging or in anywise appertaining unto the said Grantee, and unto its successors and assigns, FOREVER, the said Grantor hereby covenanting that the above described premises are free and clear of all encumbrances done or suffered by the Grantor, and that it will Warrant and Defend the title to the said premises unto the Grantee and Grantee's successors and assigns, FOREVER, against the lawful claims of all persons claiming through the Grantor. WITNESS the hand of the Grantor the day and year first above written. THE CITY OF CAPE GIRARDEAU, MISSOURI (Seal) By: Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU On this day of , 2017, before me personally appeared Harry E. Rediger, to me personally known, who being duly sworn did say that he is Mayor of the City of Cape Girardeau, Missouri, a municipal corporation of the State of Missouri, and that the seal affixed to this instrument is the official seal of said City, and that the said instrument was signed and sealed in 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 the day and year first above written. Notary Public My commission expires: Staff: John Richbourg, Finance Director Agenda: 6/19/2017 SUBJECT An Ordinance establishing utility rates for the City of Cape Girardeau, Missouri, by amending Chapter 22 relating to solid waste fees and Chapter 29 relating to sewer and water rates. EXECUTIVE SUMMARY This ordinance would approve sewer, water, and solid waste fee increases assumed in the proposed 2017 2018 City Budget. BACKGROUND/DISCUSSION The proposed 2017 - 2018 budget includes 2% increases to the residential and commercial sewer and water rates effective for bills issued after July 1, 2017 and 5% increases in disconnect and reconnect fees charged by the City. The proposed 2017 - 2018 budget also includes increases in the monthly residential solid waste charge to $20.15 from $19.75 and the transfer station tipping fee to $60.25 per ton from $59.00 per ton. During the past 6 years, including this year's proposed increases, the average residential utility bill will have increased from $73.24 per month to $78.87 per month. This is equivalent to an average annual increase of 1.24% to average utility bill. Average annual inflation during that period was 1.47%. FINANCIAL IMPACT This year's rate increases will allow the City to meets it rate covenants for bonds previously issued by the sewer and water funds and support the operating needs of the sewer, water and solid waste funds. STAFF RECOMMENDATION Staff recommends approval of this ordinance which will implement the rates included in the 2017 — 2018 proposed budget. ATTACHMENTS: Name: I Ordinance -Rates. Sol id Waste. Water.Sewer-2017.doc Description: Ordinance BILL NO. 17-86 ORDINANCE NO. AN ORDINANCE ESTABLISHING UTILITY RATES FOR THE CITY OF CAPE GIRARDEAU, MISSOURI, BY AMENDING CHAPTER 22 RELATING TO SOLID WASTE FEES, AND CHAPTER 29 RELATING TO SEWER AND WATER RATES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 22-39(b) of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Disposal of waste; fee", reading as follows: Sec. 22-39(b). Disposal of waste; fee. (b) Haulers who dispose of less than twenty (20) tons of solid waste per week at the city disposal facility shall pay a rate of Fifty-nine Dollars ($59.00) per ton plus fuel surcharge, if applicable. The applicable fee shall be increased by Twenty-five Dollars ($25.00) for each load that is not properly covered or secured in accordance with state and local law. Private haulers who regularly use the disposal facility and who regularly dispose of more than twenty (20) tons of solid waste per week at the city disposal facility shall have a rate established by contract based on the operating costs. The charge per ton will be increased when the previous month's average per gallon diesel fuel price exceeds Three Dollars and Seventy-five Cents ($3.75). The charge per ton will be increased by one hundred percent (1000) of the difference between the previous month's average per gallon diesel fuel price and Three Dollars and Seventy-five Cents ($3.75). All surcharges will be rounded up to the next cent. Average per gallon diesel fuel costs will be the average of the Midwest Region Index as published by the U. S. Department of Energy. is hereby repealed in its entirety, and a new Section 22-39(b) is hereby enacted in lieu there, in words and figures, to read as follows: Sec. 22-39(b). Disposal of waste; fee. 1 (b) Haulers who dispose of less than twenty (20) tons of solid waste per week at the city disposal facility shall pay a rate of Sixty Dollars and Twenty -Five Cents ($60.25) per ton plus fuel surcharge, if applicable. The applicable fee shall be increased by Twenty-five Dollars ($25.00) for each load that is not properly covered or secured in accordance with state and local law. Private haulers who regularly use the disposal facility and who regularly dispose of more than twenty (20) tons of solid waste per week at the city disposal facility shall have a rate established by contract based on the operating costs. The charge per ton will be increased when the previous month's average per gallon diesel fuel price exceeds Three Dollars and Seventy-five Cents ($3.75). The charge per ton will be increased by one hundred percent (1000) of the difference between the previous month's average per gallon diesel fuel price and Three Dollars and Seventy-five Cents ($3.75). All surcharges will be rounded up to the next cent. Average per gallon diesel fuel costs will be the average of the Midwest Region Index as published by the U. S. Department of Energy. ARTICLE 2. Section 22-47 of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 22-47. Residential solid waste collection fees. (a) Basic monthly charge. The basic monthly solid waste collection fee for residential customers shall be nineteen dollars and seventy-five cents ($19.75) per month per dwelling unit. Residential back door service may be provided on a contract basis subject to fees based on the additional operating costs associated with providing such service. Such basic charge shall include the following services: (1) Collection of all waste or recycling in the city -provided containers. (2) Bulk waste collection program. (3) Fall leaf collection program. (b) Additional container. Customers who receive a second sixty-four (64) gallon container for solid 0 waste storage and collection shall pay an additional nineteen dollars and seventy-five cents ($19.75) per month per dwelling unit plus the basic monthly charge established in this section. (c) Fuel surcharge. The monthly solid waste collection fee for residential customers shall be increased when the previous month's average per gallon diesel fuel price exceeds Three Dollars and Seventy-five Cents ($3.75). The charge will be increased by twenty-five (25) percent of the difference between the previous month's average per gallon diesel fuel price and Three Dollars and Seventy-five Cents ($3.75). All surcharges will be rounded up to the next cent. Average per gallon diesel fuel costs will be the U. S. Average as published by the U.S. Energy Information Administration. is hereby repealed in its entirety, and a new Section 22-47 is hereby enacted in lieu there, in words and figures, to read as follows: Sec. 22-47. Residential solid waste collection fees. (a) Basic monthly charge. The basic monthly solid waste collection fee for residential customers shall be twenty dollars and fifteen cents ($20.15) per month per dwelling unit. Residential back door service may be provided on a contract basis subject to fees based on the additional operating costs associated with providing such service. Such basic charge shall include the following services: (1) Collection of all waste or recycling in the city -provided containers. (2) Bulk waste collection program. (3) Fall leaf collection program. (b) Additional container. Customers who receive a second sixty-four (64) gallon container for solid waste storage and collection shall pay an additional twenty dollars and fifteen cents ($20.15) per month per dwelling unit plus the basic monthly charge established in this section. 3 (c) Fuel surcharge. The monthly solid waste collection fee for residential customers shall be increased when the previous month's average per gallon diesel fuel price exceeds Three Dollars and Seventy-five Cents ($3.75). The charge will be increased by twenty-five (25) percent of the difference between the previous month's average per gallon diesel fuel price and Three Dollars and Seventy-five Cents ($3.75). All surcharges will be rounded up to the next cent. Average per gallon diesel fuel costs will be the U. S. Average as published by the U.S. Energy Information Administration. ARTICLE 3. Section 29-30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 29-30. - Sewer service charges. (a) Levied. There is hereby levied on each sewage system user having any sewer connection with the sewage system of the city or otherwise discharging sewage, industrial waste, or other liquids, either directly or indirectly into the city's sewage system, a sewage service charge. Subject to the exceptions provided in this chapter, such charge shall be based upon the quantity of water used in or on the premises as the same is measured by a water or sewage meter or meters approved by the city. Additional charges for extra strength sewage, toxic pollutants, and wastewater monitoring will be levied where applicable. (b) Basic sewer service charge. Each user of the sewage system of the city shall pay for the use of such system based on the following schedule of rates: LI User Capital Charge Charge Total Portion Portion $3.39 $9.05 $12.44 Service monthly monthly monthly Charge: bill bill bill LI Quantity Charge: All Volume $2.64/Ccf $0.42/Ccf $3.06/Ccf (1) Quantity charges for residential users shall be based on the average monthly water usage during the immediate preceding months of January, February and March. When a residential user does not have a history of water usage for the immediate preceding January, February and March or when a residence is not properly metered, the quantity charge shall be computed on the basis of average water usage for the entire residential class. Charges for commercial and industrial users shall be based on one hundred (100) percent of the monthly metered water used except as otherwise provided in section 29-31. (2) Beginning July 1, 2016, temporary construction users of the sewage system of the city shall pay for the use of such system based on the following schedule of rates: (c) Extra strength charge. Wastewater discharged to the sewage system from commercial or industrial users shall be subject to an extra strength charge when the BOD or suspended solids concentration exceeds three hundred (300) milligrams per liter (mg/1) by weight. All analyses shall be performed on composite samples collected at no less than hourly intervals over a twenty -four -[hour] period. Extra strength charges shall be calculated based on one hundred (100) percent of metered water use, except as otherwise provided in section 29-31, in accordance with the following formula: 61 User Capital Charge Charge Total Portion Portion $3.39 $9.05 $12.44 Service monthly monthly monthly Charge: bill bill bill (c) Extra strength charge. Wastewater discharged to the sewage system from commercial or industrial users shall be subject to an extra strength charge when the BOD or suspended solids concentration exceeds three hundred (300) milligrams per liter (mg/1) by weight. All analyses shall be performed on composite samples collected at no less than hourly intervals over a twenty -four -[hour] period. Extra strength charges shall be calculated based on one hundred (100) percent of metered water use, except as otherwise provided in section 29-31, in accordance with the following formula: 61 S = Vs x 0.00624 x 300)] Where: [$0.114 (BOD - 300) + $0.092 (SS- C7 Surcharge in dollars S _ monthly. Sewage volume in one Vs = hundred (100) cubic feet per month. Conversion factor for one 0.00624 = hundred (100) cubic feet to million pounds. Unit charge for BOD in dollars per pound; of which $0.110 represents $0.114 = the user charge portion and $0.004 represents capital charges. BOD strength index in BOD = mg/l by weight. Allowed BOD and suspended 300 = solids strengths in mg/1 by weight. Unit charge for suspended solids in dollars per pound; of which $0.090 $0.092 = represents the user charge portion and $0.002 represents capital charges. SS = Suspended solids strength index in mg/l by weight. C7 (d) Monitoring charge. When regulations as set forth by federal, state and city require monitoring of the waste from a commercial or industrial user whether for strength calculations or for national pollutant discharge elimination system compliance, that user shall pay a monitoring charge. The monitoring charge shall consist of all costs for personnel, material and equipment used to collect and analyze samples from the user's sewage. The exact charge shall be based on actual costs and shall be determined by the city. (e) Toxic pollutant charge. Any user which discharges any toxic pollutants which cause an increase in the cost of managing effluent or sludge from the city's treatment system shall pay for such increased costs. is hereby repealed in its entirety, and a new Section 29-30(b) is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 29-30. - Sewer service charges. (a) Levied. There is hereby levied on each sewage system user having any sewer connection with the sewage system of the city or otherwise discharging sewage, industrial waste, or other liquids, either directly or indirectly into the city's sewage system, a sewage service charge. Subject to the exceptions provided in this chapter, such charge shall be based upon the quantity of water used in or on the premises as the same is measured by a water or sewage meter or meters approved by the city. Additional charges for extra strength sewage, toxic pollutants, and wastewater monitoring will be levied where applicable. (b) Basic sewer service charge. Each user of the sewage system of the city shall pay for the use of such system based on the following schedule of rates: 7 User Capital Charge Charge Total Portion Portion $3.46 $9.23 $12.69 Service monthly monthly monthly Charge: bill bill bill 7 Quantity Charge: All Volume $2.69/Ccf $0.43/Ccf $3.12/Ccf (1) Quantity charges for residential users shall be based on the average monthly water usage during the immediate preceding months of January, February and March. When a residential user does not have a history of water usage for the immediate preceding January, February and March or when a residence is not properly metered, the quantity charge shall be computed on the basis of average water usage for the entire residential class. Charges for commercial and industrial users shall be based on one hundred (100) percent of the monthly metered water used except as otherwise provided in section 29-31. (2) Beginning July 1, 2017, temporary construction users of the sewage system of the city shall pay for the use of such system based on the following schedule of rates: (c) Extra strength charge. Wastewater discharged to the sewage system from commercial or industrial users shall be subject to an extra strength charge when the BOD or suspended solids concentration exceeds three hundred (300) milligrams per liter (mg/1) by weight. All analyses shall be performed on composite samples collected at no less than hourly intervals over a twenty -four -[hour] period. Extra strength charges shall be calculated based on one hundred (100) percent of metered water use, except as otherwise provided in section 29-31, in accordance with the following formula: M User Capital Charge Charge Total Portion Portion $3.46 $9.23 $12.69 Service monthly monthly monthly Charge: bill bill bill (c) Extra strength charge. Wastewater discharged to the sewage system from commercial or industrial users shall be subject to an extra strength charge when the BOD or suspended solids concentration exceeds three hundred (300) milligrams per liter (mg/1) by weight. All analyses shall be performed on composite samples collected at no less than hourly intervals over a twenty -four -[hour] period. Extra strength charges shall be calculated based on one hundred (100) percent of metered water use, except as otherwise provided in section 29-31, in accordance with the following formula: M S = Vs x 0.00637 x 300)] Where: [$0.116 (BOD - 300) + $0.094 (SS- we Surcharge in dollars S _ monthly. Sewage volume in one Vs = hundred (100) cubic feet per month. Conversion factor for one 0.00637 = hundred (100) cubic feet to million pounds. Unit charge for BOD in dollars per pound; of which $0.112 represents $0.116 = the user charge portion and $0.004 represents capital charges. BOD strength index in BOD = mg/l by weight. Allowed BOD and suspended 300 = solids strengths in mg/1 by weight. Unit charge for suspended solids in dollars per pound; of which $0.092 $0.094 = represents the user charge portion and $0.002 represents capital charges. SS = Suspended solids strength index in mg/l by weight. we (d) Monitoring charge. When regulations as set forth by federal, state and city require monitoring of the waste from a commercial or industrial user whether for strength calculations or for national pollutant discharge elimination system compliance, that user shall pay a monitoring charge. The monitoring charge shall consist of all costs for personnel, material and equipment used to collect and analyze samples from the user's sewage. The exact charge shall be based on actual costs and shall be determined by the city. (e) Toxic pollutant charge. Any user which discharges any toxic pollutants which cause an increase in the cost of managing effluent or sludge from the city's treatment system shall pay for such increased costs. ARTICLE 4. Section 29-62 of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 29-62. Rates. (a) General water service. Availability. This rate schedule is available to any metered customer adjacent to the city's water distribution mains, using standard water service. Rate. The monthly rate for service delivered hereunder shall be the total of: (1) A customer charge per month for each meter as follows: Meter Size(s) (inches) Monthly Customer Charge (per meter) 5/8 $ 8.15 3/ 12.57 1 16.96 1 31.75 2 48.51 10 3 90.88 4 149. 98 6 313.56 plus; (2) A commodity charge of: Bills Rendered Before July 1, 2016 First 60 CCF used per month --$2.403 per CCF. All over 60 CCF used per month --$1.852 per CCF. Bills Rendered After July 1, 2016 First 60 CCF used per month --$2.475 per CCF. All over 60 CCF used per month --$1.908 per CCF. (b) Private fire protection service. Availability. This rate schedule is available to customers adjacent to adequate water distribution mains for private fire protection service. Rate. Private fire protection service rates for all types of private fire protection systems are based on the size of connection of customer's private fire protection service to city's distribution main and shall be charged for as follows: Size of Connection Rate Per Connection Effective July 1, 2016 4 inch or smaller $10.37 per month 11 6 inch $20.78 per month 8 inch $31.21 per month (c) Industrial water service. Availability. This rate schedule is available for industrial use only, when separated from standard water service, to any customer adjacent to the department's water mains in The Greater Cape Girardeau Development Corporation Industrial Tract. Rate. The monthly rate for service delivered hereunder shall be the total of: (1) A customer charge per month for each meter as follows: Meter Size(s) (inches) Monthly Customer Charge (per meter) 5/8 or 3-4 $ 7.90 1 $16.47 1 1/ $30.83 2 $48.04 3 $88.20 4 $145.57 6 304.43 plus; (2) A commodity charge of $0.1526 per CCF for all water used during the billing month. 12 is hereby repealed in its entirety, and a new Section 29-62 is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 29-62. Rates. (a) General water service. Availability. This rate schedule is available to any metered customer adjacent to the city's water distribution mains, using standard water service. Rate. The monthly rate for service delivered hereunder shall be the total of: (1) A customer charge per month for each meter as follows: Meter Size(s) (inches) Monthly Customer Charge (per meter) 5/8 $ 8.31 3/ 12.82 1 17.30 1 1-� 32.39 2 49.48 3 92.70 4 152.98 6 319.83 plus; (2) A commodity charge of: 13 Bills Rendered Before July 1, 2017 First 60 CCF used per month --$2.475 per CCF. All over 60 CCF used per month --$1.908 per CCF. Bills Rendered After July 1, 2017 First 60 CCF used per month --$2.525 per CCF. All over 60 CCF used per month --$1.946 per CCF. (b) Private fire protection service. Availability. This rate schedule is available to customers adjacent to adequate water distribution mains for private fire protection service. Rate. Private fire protection service rates for all types of private fire protection systems are based on the size of connection of customer's private fire protection service to city's distribution main and shall be charged for as follows: Size of Connection Rate Per Connection Effective July 1, 2017 4 inch or smaller $10.58 per month 6 inch $21.20 per month 8 inch $31.83 per month (c) Industrial water service. Availability. This rate schedule is available for industrial use only, when separated from standard water service, to any customer adjacent to the department's water mains in The Greater Cape Girardeau Development Corporation Industrial Tract. 14 Rate. The monthly rate for service delivered hereunder shall be the total of: (1) A customer charge per month for each meter as follows: Meter Size(s) (inches) Monthly Customer Charge (per meter) 5/8 or 3/ $ 8.06 1 $16.80 1 $31.45 2 $49.00 3 $89.96 4 $148.48 6 310.52 plus; (2) A commodity charge of $0.1557 per CCF for all water used during the billing month. ARTICLE 5. Section 29-63 of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Service fees", reading as follows: A fee of fifteen dollars ($15.00) shall be charged to all accounts when a city employee or agent of the city is dispatched to disconnect water. If the water is reconnected or reinstated during regular office hours, an additional reconnection fee of fifteen dollars ($15.00) shall be charged the account. If reconnection is requested by the customer and made after 5:00 p.m. on regular working days or on weekends or holidays, the reconnection or reinstitution charge shall be thirty dollars ($30.00). 15 is hereby repealed in its entirety, and a new Section 29-63 is hereby enacted in lieu thereof, in words and figures, to read as follows: A fee of fifteen dollars and seventy-five cents ($15.75) shall be charged to all accounts when a city employee or agent of the city is dispatched to disconnect water. If the water is reconnected or reinstated during regular office hours, an additional reconnection fee of fifteen dollars and seventy-five cents ($15.75) shall be charged the account. If reconnection is requested by the customer and made after 5:00 p.m. on regular working days or on weekends or holidays, the reconnection or reinstitution charge shall be thirty-one dollars and fifty cents ($31.50). 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 ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2017. Harry E. Rediger, Mayor ATTEST: Bruce Taylor, Deputy City Manager W11 Staff: Ryan Shrimplin, AICP - City Agenda: Planner 6/19/2017 SUBJECT An Ordinance approving the record plat of Collins Mill Subdivision - Phase 1. EXECUTIVE SUMMARY The attached ordinance approves the record plat of Collins Mill Subdivision - Phase 1. BACKGROUND/DISCUSSION A record plat has been submitted for Collins Mill Subdivision — Phase 1, located on Old Hopper Road. The subdivision is zoned R-1 (Single -Family Suburban Residential). The plat creates the first twelve (12) lots shown on the approved amended preliminary plat for Collins Mill Subdivision. As part of Phase 1, the entrance to Collins Mill Road (with right-of-way dedication) will be constructed, as will the detention basin. The plat shows an exception for the length of the tangent extending back from the intersection of Old Hopper Road and Collins Mill Road. Staff supports the exception because the curve of Collins Mill Road in that location is slight and allows for proper alignment of vehicles at the intersection. 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 September 14, 2016 meeting, recommended approval of the record plat with a vote of 8 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: ❑ Collins Mill Phase 1 Plat.doc ❑ Staff Review -Referral -Action Form.pdf ❑ Map - Collins Mill Subdivision - Phase 1.0 ❑ Application - Collins Mill Phase 1.0 E1.36251 - Collins Mill Subd. Phase 1 Record Plat rev05-30-2017.pdf Description: Ordinance Collins Mill Subdivision Phase 1 - Staff RRA Form Collins Mill Subdivision Phase 1 - Map Collins Mill Subdivision Phase 1 - Subdivision Plat Application Collins Mill Subdivision Phase 1 - Record Plat BILL NO. 17-87 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF COLLINS MILL SUBDIVISION - PHASE 1 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Collins Mill Subdivision - Phase 1, a subdivision being that part of the NW 1/ of Section 35, Township 31 North, Range 13 East of the Fifth Principal Meridian, in the City and County of Cape Girardeau, State of Missouri, submitted by Collins Mill Development Group, LLC, bearing the certification of Travis J. Steffens, a Registered Land Surveyor, dated June 1, 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 GIRARDEA U MISSOURI ""....."ity Staff Review, Referral and Action - Subdivision Applicatioij FILE: Collins Mill Subdivision — Phase 1 Record Plat LOCATION: Old Hopper Road STAFFREVIEW& COMMENTS: A record plat has been submitted for a twelve (12) lot single-family residential subdivision along Old Hopper Road. SEE STAFF REPORT FOR MORE DETAILS. City Planner-'. A) City t i M0 I Trap Bertrand Larry Dowdy Jeff Glenn W181171,111M M -AM Favor Oppose Abstain I Scott McClanahan Bruce Skinner Doug Spooler Tom Welch Oppose Date Date Date Favor Oppose Abstain F-1 6=A Ll L3 L) M, L3 U Ll Abstain Favor I Scott McClanahan Bruce Skinner Doug Spooler Tom Welch Oppose Date Date Date Favor Oppose Abstain Do'ug Spooler Planning & Zoning Commission Secretary 1:31 1�Mit1's') nd d a Ordinance I" Reading-_____________, Ordinance 2 & 3 Reading. ORDINANCE # Effective Date;, L3 L) Ll L3 U Abstain Do'ug Spooler Planning & Zoning Commission Secretary 1:31 1�Mit1's') nd d a Ordinance I" Reading-_____________, Ordinance 2 & 3 Reading. ORDINANCE # Effective Date;, Collins Mill Subdivision - Phase 1 Quail -Run a� c 0 CM M U) N W+E S CITYOfCAPE G I R A R D E A U Created by: Development Services Carol Peters August 26, 2016 0 80 160 320 Feet I I I I I I I I I 4 Source: DS, USI the GIS Legend Collins Mill Subdivision - Phase 1 DiaitIOGRIM = Parcels N SUBDIVISION PLAT APPLICATION 150, CITY Oj CAPE GIRARDEAU "THE U I U DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Name of Subdivision Type of Plat: Preliminary, Record, or Boundary AdjustmeWi Collins Mill Subdivision Phase I 'J Record Applicant Collins Mill Development, LLC 0 Property Owner of Record (if other than Applicant) Collins Mill Development, LLC i Mailing Address City, State, Zip Telephone Email dgeringer77@gmail.com Telephone Email 573-275-1110 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 ckoehler@koehlerenineerin Telephone Email g 573-335-0326 11 ADDITIONAL ITEMS in addition to this completed application form, the following items must be submitted: REQUIRED X - Review Fee (payable to City of Cape Girardeau) Single -Family or Two -Family Residential: $20.00 per lot ($100.00 minimum) See Instructions for more Multi -Family Residential: $20.00 per dwelling unit ($100.00 minimum) 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 1811 x 24" $44.00 $24.00 24.11 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. Cher a;ck I dge that plats for subdivisions involving common land and/or elements require the 1 ��V t sub"ssion f c ena,nts '(ncl a Oeed e u the perpetual maintenance and supervision of the common land and/or elements by I of Ac�( Applicant Sig-naturA and P'ntecl Name OFFICE USE ONLY Date Received & By MUNIS Application No. Planning & Zoning Commission Recommendation City Council Final Action August 23, 2016 Date Date RECORD PLAT OF COLLINS MILL SUBDIVISION -PHASE 1 THAT PART OF THE NW %4 OF SECTION 35, TOWNSHIP 31 NORTH, RANGE 13 EAST N OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI. W E LEGEND S NORTH ORIENTATION IN ACCORDANCE 0 =FOUND Y2" IRON ROD WITH THE MISSOURI STATE PLANE COORDINATE SYSTEM EAST ZONE [� = FOUND STONE = SET %" IRON ROD — = CENTERLINE \� Q Z ADJACENT PROPERTY LINE I\ uJ 13 I / — — = RIGHT OF WAY LINE T aN PHAS`E I \ = BOUNDARY LINE I I S �o PLAC S U B I �/ 5 5 V0�416 I t#l� \ = LOT LINE C LAR KTD N LAT K 5 P G / = DRAINAGE & UTILITY EASEMENT IP \ / =SETBACK LINE I , \ N. / =FUTURE LOT LINE I Lot #14 vol#15 CH; S77'10 5g" R=125.00' L E' l3A �-/ \ L _ZM� 1 ///z =UTILITY EASEMENT ��2 89\ 101, (IRREGULAR WIDTH) L 41 � 2 C' 100 �6 �8' UTILITY °101 _ 18� 195 152.90'�� L EASEMENT & / �� 1/2" IRON RODS TO BE SET AT ALL CORNERS S82"47'45'W J ,� _ 2 � O UNLESS OTHERWISE NOTED 10EASEMENT (TYP.) 1021' �� ��'s� 32 �� 10' SETBACK &'�- V �� < +3� EASEMENT 19.52' 15' EASEMENT / CH: N80°45 „L_150 �1, � \ � ,� Lot 8 95 �1' 17.96 - �9, 11092 SQ FT v �?' R=405. ,20.E ' Lot 10 s �� Lot 9 0.25 ACRES FOUND Y2" DIA. IRON ROD 10000 SQ FT �o_� ON CORNER AND AN IRON PIPE L=80.00_ _ /\ �, �_ 12335 SQ FT �� \ 0.23 ACRES 0.28 ACRES \� o o� BEARING N 01'11'30" W 1.92' F_ Lot 11 0 �� o� \ x* FROM CORNER I 10707 SQ FT 10' SETBACK & <� 0.25 ACRES EASEMENT �� 10312tSQ 20' SETBACK & n �� / � EASEMENT I o 25 REAR _+_ — _ _ — - — _ < 0.24 ACRES 97.20' \ 6 SIDE 90 A & �O Lot 12 < SETBACK , 68.2:5' ` 11275 SQ Fr O S88°5250W 165.43' v v SETBACK / S N 0.26 ACRES m / 0� o �\ \(TYP.) o _ 10' EASEMENT (TYP.) N 8216 58 W �sv ! 25.28' v Lot 6 �� O °� o �i V 10313 SQ FT ��� '9 <� 0.24 ACRES Q0CD \ LS88°4601 "W- CDn' V 10' SETBACK & �EASEMENT 99.48' Y = N _10' SETBACK & \ �� 0 POINT OF BEGINNING �� EASEMENT / J I aa) J Lot 5 \ o OI 10' EASEMENT 10312 SQ FT \ \6 "30' FRONT �ot�21 � P H E A S A N T (nP) 0.24 ACRES <so, s� TB COVE D R . 10 EASEMENT �! \ \ I Lot #22 (TYP.) v < Lot 4 Gfi 10313 SQ FT 15.92' �� S S88°46'01 "W I 0.24 ACRES 61', 1=ISI ISI I�'I I�'I • ISI THE UNDERSIGNED DERRICK GERINGER, MANAGING MEMBER OF COLLINS MILL DEVELOPMENT GROUP, LLC., OWNER IN FEE OF THAT PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing from a found iron pipe on the Southeast corner of Lot #5, Block 3, of Westland Hills Subdivision, said subdivision being recorded in Plat Book 4, at Page 44, of the land records of Cape Girardeau County, Missouri, said corner being also on the North line of Lot #11 of Block 3 of Said Subdivision; thence with the East line of said Lot #5, North 01°14'00"West, 424.16 feet to a point on the South line of the Hopper -Collins Family Cemetery; thence with the South line of said cemetery; North 88'46'01" East, 102.45 feet to the southeast corner of said cemetery, thence with the east line of said cemetery, North 01'13'59" West, 162.92 feet to the northeast corner of said cemetery; thence with the north line of said cemetery, South 88'46'01 " West, 102.45 feet to a point on the east line of Lot #8 of Block 2 of said Westland Hills; thence with the East line of said Lot #8, North 01°14'00"West, 123.14 feet to the point of beginning; thence continuing along said East line North 01'14'00" West, 124.62 feet to a found 1%" dia. Iron rod, being a point on the South line of Old Hopper Road; thence with said South line, along the arc of a non -tangent curve to the Northeast being concave to the Northwest and having a radius of 405.95 feet, a length of 150.17 feet to a found 34"dia. iron rod (the chord across said arc bears North 80'45'37" East, 149.32 feet), thence North 70°09'43" East, 181.97 feet, to a found 1A" dia. Iron rod and the point of curvature of a curve to the right having a radius of 125.00 feet (the chord across said curve bears South 77'10'58" East, 134.89 feet); thence along the arc of said curve a length of 142.48 feet to a found X" dia. Iron rod; thence South 44°31'41 " East, 382.10 feet to a found 1h" dia. Iron rod and the point of curvature of a curve to the left having a radius of 265.58 feet (the chord across said arc bears South 61,02,05" East, 150.92 feet); thence along the arc of said curve a distance of 153.02 feet to a found 1%"dia. Iron rod; thence South 77'32'29" East, 175.76 feet; thence leaving said South line, South 20°16'08" West 149.81 feet; thence North 44°44'04 West 28.25 feet; South 45'15'56" West 71.93 feet; thence North 44'44'04" West 126.56 feet; thence North 77°32'29" West 102.05 feet; thence North 44'31'41" West 461.73 feet; thence North 82°16'58" West 25.28 feet; thence South 88'52'50" West 165.43 feet; thence South 55°15'00" West 114.06 feet; thence South 88'46'01" West 99.48 feet to the place of beginning and containing 3.17 acres, more or less, do hereby declare that we have caused said land to be subdivided into lots and street right of way as shown and designated hereon, and we have named said subdivision "COLLINS MILL SUBDIVISION PHASE 1". Areas shown hereon as right of way are hereby dedicated to the City of Cape Girardeau, Missouri in perpetuity for public purposes. The utility easements shown hereon are hereby dedicated to the City of Cape Girardeau, Missouri in perpetuity for public purposes, including the installation, maintenance, repair, replacement, and expansion of City water and sewer systems, and as may be authorized by the City of Cape Girardeau, Missouri to be used by a public or private utility for purposes related to the installation, maintenance, repair, replacement, and expansion of such utility systems. The subdivision shall be subject to covenants and restrictions as set out in a separate instrument on file in the land records of said County. IN WITNESS WHEREOF, I hereunto set my hand this _____ day of _________- A.D., 20 COLLINS MILL DEVELOPMENT GROUP, LLC DERRICK GERINGER, MANAGING MEMBER STATE OF MISSOURI ) COUNTY OF CAPE GIRARDEAU ) SS On this _ ____ day of ______________- A.D. 20__, before me a Notary Public for said County and State, personally appeared Derrick Geringer, who, being by me duly sworn, did state that he is a Managing Member of Collins Mill Development Group, LLC, a Missouri Limited Liability Corporation, and that he is authorized to execute the foregoing instrument on behalf of said Limited Liability Corporation, and acknowledged said instrument to be the free act and deed of said Limited Liability Corporation. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this ____ day of ------------- A.D. 20__. My term expires ___________. ---------------------------- Notary Public I, _ _____________ City Clerk of the City of Cape Girardeau, Missouri, hereby certify that this plat was approved by the City of Cape Girardeau, Missouri, by Ordinance No. passed and approved this ____ day of ___________- A.D., 20— I UZ-. Iti 0__.102.45 Lot 3 z z 25' REAR \ 12218 SQ FT °p o o SETBACK \ 0.28 ACRES 57�, , (TYP.) \ / 10' SETBACK & 3229 er '* I A \ /�� EASEMENT L —88.93', _ 75 ' OQ �� Q► \ �/=9.51' _ 76 0 -( a o1 IX 0V�\V�� ILL .� \ \ /^� / Lot 2 �� 46.97' Y i o /�. 13229 SQ FT X9.85' �• Y � Co � � 0.30 ACRES � � m 3 z o 0-)N `' O `,A \i 10' SETBACK &NJ < / Q0 i�EASEMENT Lot 1 15970 SQ FT /� �o MILL ROAD I 0.37 ACRES �RIGHT OF WAY N88°46'01 "E 00 102.45' - >to- �`�O F N77 32 °�` IrX �v o z CC) 4c- , CIZ 0 D, POINT OF COMMENCEMENT SOUTHEAST CORNER LOT #5, BLOCK #3 WESTLAND HILLS SUNDIVISION (FOUND IRON PIPE) PT. OF LOTS 10 & 11 WESTLAND HILLS SUBDIVISION PLT BK 4, PG 44 [N/F.• JOHN DAVID JOB, DEED BK 1044, PAGE 064] z O O N 4- a LL S89°26'01 "W 208.37' / / 1-1 FUTURE COLLINS MILL ROAD (50 R/W) — Sff" ,5 4b W 5L5.OU I S00°26'05"E 2.16' LOT 11 I OAKLAND HILL ESTATES SUB (AMENDED) PLAT BK 18, PG 31 [N/F.• JENNIFER S. DRURY ETA.; BK 769, PG 933] ao Cy oN <� A", �V FJ �� �v [N/F.• CHARLES L. DRURY TRUST DOC. 2012-03329] LOT 115 GLENVIEW HEIGHTS SUB. PLT BK 15, PG 3 [N/F.• REBECCA J. BURRIS REV. TRUST BK 651, PG 68 1] LOT 114 cL�J GLENVIEW HEIGHTS SUB. PLT BK 15, PG 3 [N/F.• JAMES J. & CARLA J. HEDRICK �`J� DOC. 2007-09151] �O C� I City Clerk of Cape Girardeau, Missouri Filed for record in the office of the Recorder of Deeds of Cape Girardeau County, Missouri, in Document No. at Jackson, Missouri, on the ____ day of ___________- A.D., 20__. Andrew David Blattner Recorder of Deeds of Cape Girardeau County, Missouri GRAPHIC SCALE 60 0 30 60 120 240 ( IN FEET ) 1 inch = 60 ft. NOTES SUBDIVISION & LOT SIZES NO. OF LOTS =12 (PHASE 1) TOTAL SUBDIVISION AREA: 138,078 SQ. FT. (3.17 ACRES) SMALLEST LOT SIZE: 10,000 SQ. FT. (0.23 ACRES) LARGEST LOT SIZE: 15,970 SQ. FT. (0.37 ACRES) R-1 ZONING INFORMATION THE ENTIRE SUBDIVISION IS CURRENTLY ZONED R-1 SINGLE-FAMILY SUBURBAN RESIDENTIAL DISTRICT MAXIMUM HEIGHT: TWO AND ONE-HALF (2%Z) STORIES NOT TO EXCEED THIRTY-FIVE (35) FEET. MAXIMUM DENSITY: FOUR (4) UNITS PER ONE (1) ACRE MINIMUM LOT AREA: TEN THOUSAND (10,000) SQUARE FEET. MINIMUM LOT WIDTH: EIGHTY (80) FEET (AT SETBACK LINE) MINIMUM WIDTH ON CIRCULAR TURNAROUND (36) FEET (AT R/W LINE). SETBACKS FOR R-1 DISTRICT FRONT YARD: THIRTY (30) FEET REAR YARD: TWENTY-FIVE (25) FEET SIDE YARD: SIX (6) FEET SIDE YARD SETBACKS HAVE BEEN ADJUSTED TO ALIGN WITH EASEMENTS ON LOTS 2, 3, 5, 6, 9, 10 AND 12. EASEMENT NOTE ALL EASEMENTS SHOWN HEREON SHALL BE DRAINAGE & UTILITY EASEMENTS. 10' WIDE DRAINAGE & UTILITY EASEMENT SHALL BE PROVIDED AROUND THE PERIMETER OF SUBDIVISION AND ADJACENT TO EACH RIGHT OF WAY LINE OR AS OTHERWISE SHOWN HEREON. EXCEPTION NOTE AN EXCEPTION IS SHOWN FOR THE LENGTH OF THE TANGENT EXTENDING BACK FROM THE INTERSECTION OF OLD HOPPER ROAD AND COLLINS MILL ROAD. FLOODPLAIN NOTE THIS IS TO CERTIFY THAT I HAVE EXAMINED THE F.I.R.M. MAPS ON FILE IN THE OFFICE OF THE CITY OF CAPE GIRARDEAU PLANNING DEPARTMENT IN CAPE GIRARDEAU, MISSOURI, AND HAVE DETERMINED THAT THE SURVEYED FALLS WITHIN FLOOD ZONE X (OUTSIDE THE 500 -YEAR FLOODPLAIN) AS INDICATED BY F.I.R.M. (FLOOD INSURANCE RATE MAP) MAP NO. 29031C 0254 E WITH AN EFFECTIVE DATE OF SEPTEMBER 29, 2011 OWNER AND DEVELOPER OF SUBDIVISION AND PLAT PREPARED FOR: COLLINS MILL DEVELOPMENT, LLC C/O: MR. DERRICK GERINGER 2722 COUNTY ROAD #318 CAPE GIRARDEAU, MO 63701 dgeringer77@gmail.com / (573) 275-1110 DOCUMENT 2016-04809 PLAT PREPARED BY AND ENGINEERING AND LAND SURVEYING SERVICES PROVIDED BY. KOEHLER ENGINEERING AND LAND SURVEYING, INC. 194 COKER LANE CAPE GIRARDEAU, MO 63701 (573) 335-3026 SURVEYOR'S CERTIFICATION THIS SURVEY OF A TRACT OF URBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN THE STATE OF MISSOURI AS MADE EFFECTIVE OCTOBER 30, 2003. PERMITTED & PROPOSED DENSITY CALCULATIONS PERMITTED DENSITY: FOUR (4) UNITS PER ONE (1) ACRE PROPOSED DENSITY: 3.79 UNITS PER ONE (1) ACRE SEWER NOTE ALL COMPONENTS OF THE STORMWATER MANAGEMENT SYSTEM, INCLUDING DRAINAGE WAYS, PIPES, AND DETENTION BASINS, SHALL BE COMMON ELEMENTS OF THE SUBDIVISION, AND THE DEVELOPER SHALL CONVEY SAID COMMON ELEMENTS TO THE TRUSTEES IN ACCORDANCE WITH THE CITY OF CAPE GIRARDEAU CODE OF ORDINANCES AND THE COVENANTS FOR COLLINS MILL SUBDIVISION. PHASES PHASE 1: LOTS 1 THROUGH 12 PHASE 2: LOTS 13 THROUGH 25 & LOT A \ PHASE 3: LOTS 26 THROUGH 41 , CURVE TABLE CURVE # LENGTH RADIUS CHORD DIRECTION CHORD LENGTH 3 34.63 i� S32 26 28"E 31.17 C2 99.59' 175.00' S, 98.25' ti Oe Sff" ,5 4b W 5L5.OU I S00°26'05"E 2.16' LOT 11 I OAKLAND HILL ESTATES SUB (AMENDED) PLAT BK 18, PG 31 [N/F.• JENNIFER S. DRURY ETA.; BK 769, PG 933] ao Cy oN <� A", �V FJ �� �v [N/F.• CHARLES L. DRURY TRUST DOC. 2012-03329] LOT 115 GLENVIEW HEIGHTS SUB. PLT BK 15, PG 3 [N/F.• REBECCA J. BURRIS REV. TRUST BK 651, PG 68 1] LOT 114 cL�J GLENVIEW HEIGHTS SUB. PLT BK 15, PG 3 [N/F.• JAMES J. & CARLA J. HEDRICK �`J� DOC. 2007-09151] �O C� I City Clerk of Cape Girardeau, Missouri Filed for record in the office of the Recorder of Deeds of Cape Girardeau County, Missouri, in Document No. at Jackson, Missouri, on the ____ day of ___________- A.D., 20__. Andrew David Blattner Recorder of Deeds of Cape Girardeau County, Missouri GRAPHIC SCALE 60 0 30 60 120 240 ( IN FEET ) 1 inch = 60 ft. NOTES SUBDIVISION & LOT SIZES NO. OF LOTS =12 (PHASE 1) TOTAL SUBDIVISION AREA: 138,078 SQ. FT. (3.17 ACRES) SMALLEST LOT SIZE: 10,000 SQ. FT. (0.23 ACRES) LARGEST LOT SIZE: 15,970 SQ. FT. (0.37 ACRES) R-1 ZONING INFORMATION THE ENTIRE SUBDIVISION IS CURRENTLY ZONED R-1 SINGLE-FAMILY SUBURBAN RESIDENTIAL DISTRICT MAXIMUM HEIGHT: TWO AND ONE-HALF (2%Z) STORIES NOT TO EXCEED THIRTY-FIVE (35) FEET. MAXIMUM DENSITY: FOUR (4) UNITS PER ONE (1) ACRE MINIMUM LOT AREA: TEN THOUSAND (10,000) SQUARE FEET. MINIMUM LOT WIDTH: EIGHTY (80) FEET (AT SETBACK LINE) MINIMUM WIDTH ON CIRCULAR TURNAROUND (36) FEET (AT R/W LINE). SETBACKS FOR R-1 DISTRICT FRONT YARD: THIRTY (30) FEET REAR YARD: TWENTY-FIVE (25) FEET SIDE YARD: SIX (6) FEET SIDE YARD SETBACKS HAVE BEEN ADJUSTED TO ALIGN WITH EASEMENTS ON LOTS 2, 3, 5, 6, 9, 10 AND 12. EASEMENT NOTE ALL EASEMENTS SHOWN HEREON SHALL BE DRAINAGE & UTILITY EASEMENTS. 10' WIDE DRAINAGE & UTILITY EASEMENT SHALL BE PROVIDED AROUND THE PERIMETER OF SUBDIVISION AND ADJACENT TO EACH RIGHT OF WAY LINE OR AS OTHERWISE SHOWN HEREON. EXCEPTION NOTE AN EXCEPTION IS SHOWN FOR THE LENGTH OF THE TANGENT EXTENDING BACK FROM THE INTERSECTION OF OLD HOPPER ROAD AND COLLINS MILL ROAD. FLOODPLAIN NOTE THIS IS TO CERTIFY THAT I HAVE EXAMINED THE F.I.R.M. MAPS ON FILE IN THE OFFICE OF THE CITY OF CAPE GIRARDEAU PLANNING DEPARTMENT IN CAPE GIRARDEAU, MISSOURI, AND HAVE DETERMINED THAT THE SURVEYED FALLS WITHIN FLOOD ZONE X (OUTSIDE THE 500 -YEAR FLOODPLAIN) AS INDICATED BY F.I.R.M. (FLOOD INSURANCE RATE MAP) MAP NO. 29031C 0254 E WITH AN EFFECTIVE DATE OF SEPTEMBER 29, 2011 OWNER AND DEVELOPER OF SUBDIVISION AND PLAT PREPARED FOR: COLLINS MILL DEVELOPMENT, LLC C/O: MR. DERRICK GERINGER 2722 COUNTY ROAD #318 CAPE GIRARDEAU, MO 63701 dgeringer77@gmail.com / (573) 275-1110 DOCUMENT 2016-04809 PLAT PREPARED BY AND ENGINEERING AND LAND SURVEYING SERVICES PROVIDED BY. KOEHLER ENGINEERING AND LAND SURVEYING, INC. 194 COKER LANE CAPE GIRARDEAU, MO 63701 (573) 335-3026 SURVEYOR'S CERTIFICATION THIS SURVEY OF A TRACT OF URBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN THE STATE OF MISSOURI AS MADE EFFECTIVE OCTOBER 30, 2003. PERMITTED & PROPOSED DENSITY CALCULATIONS PERMITTED DENSITY: FOUR (4) UNITS PER ONE (1) ACRE PROPOSED DENSITY: 3.79 UNITS PER ONE (1) ACRE SEWER NOTE ALL COMPONENTS OF THE STORMWATER MANAGEMENT SYSTEM, INCLUDING DRAINAGE WAYS, PIPES, AND DETENTION BASINS, SHALL BE COMMON ELEMENTS OF THE SUBDIVISION, AND THE DEVELOPER SHALL CONVEY SAID COMMON ELEMENTS TO THE TRUSTEES IN ACCORDANCE WITH THE CITY OF CAPE GIRARDEAU CODE OF ORDINANCES AND THE COVENANTS FOR COLLINS MILL SUBDIVISION. PHASES PHASE 1: LOTS 1 THROUGH 12 PHASE 2: LOTS 13 THROUGH 25 & LOT A \ PHASE 3: LOTS 26 THROUGH 41 , CURVE TABLE CURVE # LENGTH RADIUS CHORD DIRECTION CHORD LENGTH C1 34.63 22.00 S32 26 28"E 31.17 C2 99.59' 175.00' S28' 57' 45"W 98.25' LINE TABLE LINE # DIRECTION LENGTH L1 N12° 23' 18"E 21.22' L2 N45° 15' 56"E 59.73' L3 N44° 44' 04"W 28.25' Staff: Casey Brunke, P.E., City Engineer Agenda: 6/19/2017 SUBJECT A Resolution authorizing the City Manager to execute a License and Indemnity Agreement with Tottenham Investments, LLC, a Missouri Limited Liability Company, to install awnings over Broadway right-of-way at 115 Broadway, in the City of Cape Girardeau. EXECUTIVE SUMMARY Tottenham Investments, LLC has requested the City Manager to execute a License and Indemnity Agreement to install an awning at 115 Broadway consisting of 3 separate parts (being installed between the columns on the building). The awnings will project approximately 16 inches over the sidewalk and be as wide as the building windows. The awnings will be attached to the brick face of the building and will have the company's logo. The attached License and Indemnity Agreement sets out the responsibilities, conditions, and liabilities assumed by Tottenham Investments, LLC if the City allows the use of Broadway right-of-way as requested. STAFF RECOMMENDATION Staff recommends approval of the attached resolution authorizing the City Manager to enter into a License and Indemnity Agreement with Tottenham Investments, LLC. ATTACHMENTS: Name: Description: ❑ Tottenham Investments -115 Broadway.doc Resolution ❑ L I Signed.pdf 115 Broadway L&I ❑ Legal Description.docx Legal Description BILL NO. 17-90 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH TOTTENHAM INVESTMENTS, LLC, TO INSTALL AWNINGS LOCATED AT 115 BROADWAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a License and Indemnity Agreement with Tottenham Investments, LLC, to install awnings located at 115 Broadway, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto as Exhibit "A", which document is hereby approved by the City Council, and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF , 2017. Harry E. Rediger, Mayor ATTEST: Bruce Taylor, Deputy City Clerk LICENSE AND INDEMNITY AGREEMENT In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as "City", granting Tottenham Investments, LLC, a Missouri Limited Liability Company, hereinafter known as "Licensees", permission to place certain improvements and conduct certain activities on City property which is located at 115 Broadway in the City of Cape Girardeau, Missouri, Cape Girardeau County, Missouri, the parties hereto state as follows: 1. The City of Cape Girardeau, Missouri, hereby grants to Licensees a license to place certain improvements to -wit: To install awnings in 3 separate parts (to go between the columns). The awnings will project approximately 16 inches over the sidewalk and be as wide as the windows. The awnings will be attached to the brick face of the building and will have the company's logo. Licensees, and their successors, heirs and assigns all agree as follows: A. That they will assume all risk of personal injury or death and property damage or loss from whatever causes arising while any person approaches, enters, uses or leaves the aforementioned property, which may occur directly or indirectly from the placing of said improvements or the conduct of such activities on City property. B. That they do hereby release the City of Cape Girardeau, its officers, employees, agents, servants and assigns from any liability which might occur from the placing or use of such improvements or the conduct of such activities. C. That they will indemnify and hold harmless the City of Cape Girardeau, its officers, employees, agents and servants from all suits and actions of every name and description brought against the City, its officers, employees, agents and servants for or on account of any injuries or damages received or sustained by any parties or alleged to be received or sustained by any parties or party which may result directly or indirectly from the placing or use of said improvement or the conduct of such activities on City property. D. That they will keep said improvements which are placed on the City property in a state of good repair and will cooperate with the City by making necessary repairs as requested by the City so as to protect the health and safety of the Citizens. E. That they will not maintain on the property any hazardous or toxic waste or substances, as defined under all applicable federal, state and local environmental laws, including, but not limited to, hazardous waste as defined in the Resource Conservation and Recovery Act of 1976 as amended ("RCRA"), hazardous substances as defined in the Comprehensive Environmental Response Compensation and Liability Act as amended ("CERCLA") and toxic substances as defined in the Toxic Substances Control Act as amended ("TSCND. Any operations on the property shall not be in violation of any laws, regulations, ordinances, statutes, orders or decrees of any governmental body, arbitration tribunal or court, including, without limitation, RCRA, CERCLA, TSCA and all regulations thereunder. There shall be no conduct of business on the property which constitutes a violation of Environmental Laws or any other laws, regulations, ordinances, statutes, order or decrees of any governmental body. F. Nothing in this agreement or actions of the City in granting permission to place said improvements or conduct of such activities on the described property shall be construed to give the Licensee, any irrevocable rights to keep said improvements or activities on such property. The City Council reserves the right for the City Manager to terminate this agreement and to order the removal of said improvements and/or the cessation of said activities in the future at the cost of Licensees, their successors and assigns, for any reason. In such event, Licensees, or their successors and assigns, agree to remove said improvements and to cease such activities within thirty (30) days of notice. Should Licensees, or their successors, heirs or assigns fail to comply with any of the terms of this agreement, the City of Cape Girardeau reserves the right to make any repairs or alterations deemed necessary by the City of Cape Girardeau by giving Licensees, or their successors, heirs or assigns, thirty (30) days notice and such persons, successors, heirs or assigns hereby agree that they will pay for any costs incurred by the City for such repairs or alterations. If the Licensee fails to pay for any costs incurred by the City for such repairs or alterations, in addition to any other remedies the City may have, the City may also issue tax bills which shall become a lien against the land owned by the Licensee. 3. This license and the covenants herein contained shall run with the land and inure to and be binding upon the successors, heirs and assigns of the respective parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed 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. Tottenhakn Investments, LLC By:� Its: Nt eki. Bc R STATE OF M + 5 5c ,'a t ) ) ss. COUNTY OF CAPO c 1 RARDEhU ) BE IT REMEMBERED, that on this day of 3UNi—' , 2017 before me, the undersigned notary public, personally appeared at -'4-&,f vi, c jp , who being by me duly sworn, did state that he is the authorized representative for Tottenham Investments, LLC, a Missouri Limited Liability Company and that the within instrument was executed on behalf of said Tottenham Investments, LLC, A Missouri Limited Liability Company, and acknowledged that he has executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. Notary Public My Commission Expires: h 1 1 2�t Notary Public, NotLary Seal State of Missouri Cope Girardeau County Commission # 14603786 My Commisslon Expires April 11, 2018 Legal Description 115 Broadway, Cape Girardeau, MO 63701 Part of Lot 4 in Range "D"; in the City of Cape Girardeau, MO, described as follows: Commencing at a point on the south line of Broadway Street 50 feet east from the northwest corner of said Lot 4, thence running East, along the south line of Broadway Street, 21-1/2 feet, more or less, to the store brick building now owned by Ralph T. Fuerth and Fay A. Fuerth, husband and wife, as per their warranty deed filed for record on the 22nd day of May, 1940, and recorded in the land records of said county in book 116 at page 215, thence south, parallel with Spanish Street, 98 feet, thence West, parallel with Broadway, 21-1/2 feet, or more, and thence north, parallel with Spanish Street, 98 feet to the point of beginning. Also, part of Lot 4 in Range "D" in the City of Cape Girardeau, MO, described as follows: commencing at a point on the east line of Spanish Street 98 feet south from the northwest corner of said Lot 4 in Range "D" of said City, and run East parallel with Broadway Street, 103 feet to the west line of an alley, thence south, with the west line of said alley, 26 feet, thence west, parallel with Broadway Street, 103 feet to the east line of Spanish Street, thence North, along the east line of Spanish Street, 26 feet to the point of beginning. Staff: Casey Brunke, P. E., City Agenda: Engineer 6/19/2017 SUBJECT A Resolution authorizing the City Manager to execute an agreement with Kenneth E. Foeste Masonry, Inc., for the Masonry for Arena Park Restrooms Project. EXECUTIVE SUMMARY This project consists of the installation of concrete masonry units, masonry accessories, glass block, metal door frames, and all other appurtenances as described in the contract documents for the Masonry for Arena Park Restrooms Project. Masonry is needed for two restroom locations to be constructed in Arena Park. BACKGROUND/DISCUSSION The Notice to Bid was publicly advertised and bids were taken on June 7, 2017. One (1) contractor/supplier responded with a bid of $59,750.00. This bid was under the Engineer's Estimate of $60,000.00. The bid was submitted by Kenneth E. Foeste Masonry Inc. FINANCIAL IMPACT Funding for this project is provided by the Parks and Recreation Stormwater Tax Fund. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The addition of the restroom facilities at Arena Park will provide much needed amenities for the general public due to the volume of visitors the park sees on a regular basis. STAFF RECOMMENDATION Staff recommends the City Council approve the attached Resolution authorizing the City Manager to enter into a contract with Kenneth E. Foeste Masonry, Inc., for the Masonry for Arena Park Restrooms Project. ATTACHMENTS: Name. ❑ Kenneth E Foeste Masonry - Arena Restrooms.doc ❑ Kenneth E. Foeste Masonry Inc. - Agreement 4251.pdf ❑ Bid Opening Report - Signed 4251.pdf ❑ Arena Park Restrooms Masonry.odf Description: Resolution Kenneth E. Foeste Masonry, Inc. Agreement 4251 Bid Tab - Proj 4251 Arena Park Restrooms Masonry - Map BILL NO. 17-91 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH KENNETH E. FOESTE MASONRY, INC., FOR THE ARENA PARK RESTROOMS PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Kenneth E. Foeste Masonry, Inc., for the Arena Park Restrooms Project, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF , 2017. Harry E. Rediger, Mayor ATTEST: Bruce Taylor, Deputy City Clerk Exhibit "A" CITY OF CAPE GIRARDEAU MASONRY FOR ARENA PARK RESTROOMS BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The improvements consist of the installation of concrete masonry units, masonry accessories, glass block, metal doorframes, and all other appurtenances as described in the contract documents for the Masonry for Arena Park Restrooms Project. Masonryis needed for two restroom locations to be constructed in Arena Park, The restroom in front of the A. C. Brase Arena Building shall be completed first. THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO 63703 1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enterinto an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined and carefully studied the Bidding Documents and the following: Addenda, receipt of all which is hereby acknowledged. (L&Addanda by Addandum Numberand Date) BF -1 (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and fumishing of the Work - (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and fumishing of the Work. (d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified. BIDDER acknowledges that such reports and drawings are not Contract Documents and maynotbe complete forBIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibilityforhaving done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data conceming conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or fumishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto_ BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid forperformance and fumishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. (f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract. Documents. (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and fumishing the Work for which this Bid is submitted. Any questions, comments, or concerns regarding the project should be addressed to Casey Brunke, City Engineer. City of Cape Girardeau at 573-339-6327. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement orrules of any group association, organization or corporation; BIDDER has not directly or indirectly BF -2 induced or solicited any other Bidder to submit a false or sham Bid, BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BiDDER has not sought by collusion to obtain foritself any advantage over any other Bidder or over OWNER. (i) Pursuant to 285.530 RSMo, the biddermust affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to worm in connection with the services requested herein by submitting a completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and • providing documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. • http://www.uscis.gov/portal/site/uscis Q) Bidders are informed that the Project is subject to the requirements of Section 292.675, R.S. Mo, which requires all contractors or subcontractors doing work on the Project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA') orsimilarprogram approved by the MissouriDepartment of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): Masonry for Arena Park Restrooms LUMP SUM CONTRACT PRICE BID $ 5'g47�5a, ©® (Numeric figure) �rffi�= anf., -+hcxu" stele , butdreFAQ id ` 1 , ( (ate (Written figure) f 1m] (Total bid amount is to be shown in both words and figures. In case of discrepancy, the amount shown in words will govem.) 5. BIDDER agrees that the Work will be substantially complete within 45 calendar days afterthe date when the Contract Times commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 75 calendardays after the date when the Contract Times commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the time specified in the Agreement. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of bid bond or cashiers check. (b) Acknowledgement of any addenda issued. (c) Exhibit Affidavit of Work Authorization - (d) Exhibit Affidavit of Excessive Unemployment (if applicable) (e) The E -Verify Program for Unemployment Verification Memorandum of -- Understanding http:Owww.uscis.govlftles/nativedocuments/MOU.pdf (t) Exhibit Affidavit of OSHA Training - (g) Certification Regarding Debarment, Suspension and Other Responsibility Matters - 7. Bidder agrees to submit the following documents within three (3) business days after the opening of Bids if requested: (a) BIDDER'S Qualification Statement with supporting data. W= 8. Communications concerning this Bid shall be addressed to: UTJiiLa Addres (a) Performance and Payment Bonding Company Name Addre: AgentlPower of Attorney Name (if used) L�Ikkks g . ►nGQ (k(, Address 9. Terms used in the Bid which are defined in the General conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. SUBMITTED on �A�7:6 � 20n� State Contractor License No. IF BIDDER is: An Individual By (Individual's Name) doing business as Business address: Phone No.: A Partnership By (Firm Name) Business address: Phone No.: (General Partner) BF -5 (Secretary) 21 t Business address: 5`I WAC VO 6-EVOI Phone No.: 573, 33 4. ()I c ->- Date of Qualification to do business is-7� A Joint Venture By (Name) (Address) (Name) (Address) Phone Number and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) MM BREAKDOWN OF WORK FORCE (Required): The Contractor shall be registered with the Missouri Secretary of State in order to work on this project BIDDER hereby states that he will perform the following items of work directly without employment of subcontractors: e 1-I ma,SQr In "rK M (a) reskmm s of (,if It is anticipated that the following subcontractors will be employed for work on this project - *SUBCONTRACTORS: (Name of Company) (Type of Work) *All subcontractors shall be registered with the Missouri Secretaryof State in orderto work on this project. BF -7 BID OPENING SUMMARY OF PROPOSALS RECEIVED FOR: MASONRY ARENA PARK RESTROOMS DATE: JUNE 7, 2017 TIME: 10:00 AM PLACE: CITY HALL, DEVELOPMENT SERVICES Compiled by: Cindy Redecker Page 1 of 1 ENGINEER'S ESTIMATE KENNETH E. FOESTE MASONRY, INC 347 COUNTY ROAD 649 CAPE GIRARDEAU MO 63701 ITEM NO. DESCRIPTION UNIT OUANTITY UNIT PRICE TOTAL I UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 MASONRY FOR TOW ARENA PARK RESTROOMS LS 1.0 $ 60,000.00 $ 60,000.00 $ 59,750.00 $ 59,750.00 '. $ 60,000.00 s $ 59,750.00 AMOUNT OF PROPOSAL GUARANTEE 5% OF BID SURETY Fidelity and Deposit Company of Maryland I hereby certify that the above is a true and correct summary of proposals received. PROJECT MANAGER i_� 9,y�IV`V' 9r`J` "Low Bidder" Page 1 of 1 City of Cape Girardeau �, Masonry for Arena Park Restrooms Location Map VFW Restroom Location THtMS 9 CO PP Restroom Location SPA RTE L - EXPO Staff: Bruce W. Loy, Airport Manager Agenda: 6/19/2017 SUBJECT Twelve Lease Agreements (one T -Hangar and eleven hangar leases) for hangar space at the Cape Girardeau Regional Airport. EXECUTIVE SUMMARY The attached twelve (12) lease agreements are for hangar lease space used for aircraft storage at the Cape Girardeau Regional Airport. One of the leases is for a T -Hangar in the newest T -Hangar facility built by the City in 2014. The remaining leases are for aircraft hangar space in Hangar 71, formerly referred to as the Commander Hangar. Three of the leases are for twin engine aircraft, which have been paying monthly and we are updating to an annual lease. The other eight (8) leases are for single engine aircraft, which were formerly located in the older "Air Evac" T -Hangars. Those aircraft had to be moved to Hangar 71 due to the inoperable hangar doors. All of the leases are good for one- year, at which time they automatically renew on a month-to-month basis. With the exception of the T -Hangar lease, the monthly rental costs vary from $125 to $140 per month for the single engine aircraft and $375 to $600 for the twin engine aircraft. All of the eleven (11) hangar leases provide for a ninety -day (90) day termination notice, should a lessee lease the entire facility. The rate for the T -Hangar lease is $195 per month. BACKGROUND/DISCUSSION In 2001, Air Evac Aviation terminated their twenty-year lease agreement, eight years early, as the airport's Fixed Base Operator. The City agreed to allow Air Evac to continue operating and maintaining their eighteen T -Hangars, while they continued to pay out their remaining eight-year lease commitment to the City. The City took over the operation of the T -Hangar rentals in 2009. Currently, only ten of the old hangar doors are operational. The airport staff has reviewed options to repair the wooden hangar door structures and determined them to be permanently inoperable. Currently, the only place to store the aircraft is in Hangar 71, which limits our ability to utilize the facility for larger single and twin engine reciprocal and turbine engine aircraft. FINANCIAL IMPACT Considering all of the attached leases, the monthly revenue expected from these leases is $2,920 per month or $34,920 annually. STAFF RECOMMENDATION It is recommended that the City Council approve a resolution authorizing the City Manager to enter into attached agreements with Michael Flaim, T -Hanger #18, Pyramid Support Services, LLC, Hangar 71; Falcon Aviation, LLC, Hangar 71; KCHC Aviation, Hangar 71; Cape Flyers, LLC, Hangar 71; Jack Whisnant, Hangar 71; Sky Angel, LLC, Hangar 71; Justin Albright, Hangar 71; Crader Air, LLC, Hangar 71; Beverly and Cameron Thurier, Hangar 71; Michael Heid, Hangar 71; John Ellis, Hangar 71; for the annual amount of $34,920, at the Cape Girardeau Regional Airport. ATTACHMENTS: Name: Description: 0 Airport Hangar Leases 2017.doc Resolution 0 T -Hangar Lease Michael Flaim #18.0 T -Hangar Lease - Michael Flaim 0 Hanaar 71 Lease Agreements (11).odf Hangar 71 Lease Agreements (11) BILL NO. 17-93 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ONE T -HANGAR LEASE AGREEMENT AND ELEVEN HANGAR LEASE AGREEMENTS AT THE CAPE GIRARDEAU REGIONAL AIRPORT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a T -Hangar Lease Agreement with Michael Schaun Flaim and Hangar Lease Agreements with John E. Ellis; Michael Heid; Beverly and Cameron Thurier; Crader Air, LLC; Justin Albright; Sky Angel, LLC; Jack Whisnant; Cape Flyers, LLC; KCHC Aviation, LLC; Falcon Aviation, LLC; and Pyramid Support Services, LLC, for lease space at the Cape Girardeau Regional Airport, in the City of Cape Girardeau, Missouri. The Agreements shall be in substantially the form attached hereto as Exhibit A, which documents are 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. PASSED AND ADOPTED THIS DAY OF , 2017. Harry E. Rediger, Mayor ATTEST: Bruce Taylor, Deputy City Clerk 'F -HANGAR LEASE. AGREEMENT lnAdedlent little red sneend into this In f . Or nd bell ElieCity cf Gape (firmvear, FLvoan, a Mur: <'pa) c(I'lardium, 1 slnaRer oil d I. and _ t1 tLid I Sal Flay, Ifmdinaf oris ere l to as'Lessco'. Fee aid inca rr dsaoon of We mutual costnena, tarots and conditions cartel heroin, the fares core as follows: I. YRENUSES. Lessor heed., lame to Lessee the following described property' '1.1 langxr, IowiM u the Cape GvarLss Regoa l Ai,potl in Cape Oitarden , Misl designated as Td3anger A jU, aq shothIl InLxhibitA, myeWer wiW remon Dry n=essary riahh of aecons trials Lssors astral are, The ahavft which is to be stored by Lessee at fill fee on b dmaii d as, Regiaration Number. 2&.OB ___Year 2009 —— — Mnke., _Moon? Airplenc Co ln___ Model: N¢ON _ __— W addition, Iar allovrrd evo (-) euva t char enhiu da, seine arms a^d conditions of ,his lease ONLY Bine ivcord is paired under cdre haam ,,'cha age In the alersater. I af. to be ss most cored the Airport M®deer of We following urtaroduallon proarw h.mm. Aircraft Date:_ Re6isvmirm Nvnbcr. — _— Year ___--- — — Make — Medal: lateral Cben^e E: Date: Year. _ _— _ Rerismfinn Number: ___ -- -- Mel: od______ _ flood: effect for 2 TERry1, 5Lis Agreemaa ondl mmmanoo on_ Dec �b r l�I eonMue In tied from sordid to tee�Ger, Wu A a coined of ore (1) year. Ill will bdne to ometically reneNscd ar,r each mwW elecs 0fucy (30) day comae nonce m enby eitlar Only Wal the Abro'll should nor he recurved. "a fAex L. Lse abe11 Ired' Loma monhly, redden',the Gra day of caul month,earWe ranml oas heeh>w4r provided, said secret been, tie and payable on or before Its IOW day of each month dnrinethetmn of th6lev� lessee vgaea to (my Lamr One Hundred 6nteLrPlve Dollar; and no ccnm( SM 00) monthly. a. for catch s - e e a ct-(c)Ccar or pied Tills atWw ant shall be obussd very lie 0(5) yea vt shall ua mount real the renal v fe Wer mmrldm a f tills pareag, event, the 0 said p¢aodWte reloo at nntfrthe s1teasove fine year(5) praaedmg ter reg - n_- anent W one Control ice Pat red, 'lie percentage rtr coed heroin elcdl be the pm>dn ae in Page I off Index (Midwest lobs n All urban consumers) for the modelling Circ (7 yw period, nm to M<eed three (3) percent per -seat, unless a lower percentage is Jcarmined by the Afford anager. All payments core be made at thr office often CinCollecmn of the Ciro of cape cmrn eau or at such more place aslzssrcr may direct. There will he a I% % per month interest (18% per year) charged on all past due accowt:. 4. USE OF TIE PREMISFS. the T-0Imgat hereby lea.md shall he load only for the storage of itiminut owned or leased by Lester Abwlualyno storage ofany, -type: normal constructed solids, boat,othn non maintain related items or equipment is permitted in ate hangs. Lector the nghJ ase he produced o>yadoNFRO sem then ssm f»,_ey�� violatn violated, addition t yr otherr_Ldelarrovided in this because ispmhbited from smhin my Poet orpmolmn produces upon the leased prenincs, ncept those necessary for minor mamlmhmm No wmuc or petroleum materials shall be spilled or in any way contaminate the Airport premises or personal adjacent to the Airport through ratio nits of me Lessee. The Lasaev shall be responsible for eleamhp, containment, and abatement of such spill or o is mination at Lessee's sole cost and expense. }LNher. Lassa shall immediemly purify rite Airport Manner lessor end, mile crop enrol and appfsachenomnrtmhe_ Local's Lesser the cost of y, me Lessor may lake sur reasonable mJ s mend nate action heders We Lessee's stent. I'he cost of such remetliul action by thclzssarilmil be paid by the Leved he moonstone of the surfed amcraft shall be conducted m the YHangm, except such minor maintenance a an cold n ally be perfomind by s aircraft u without the benefit oan rcmtl mechanic Lessen mothererre aves that no commercial aviation activities sold be conducted of the on Lessor's premises without the express chawritten uppmvaltretardation, et Airyon, Manner.Phisnd aerial but is ret tomlimited m aircraft shall n t use o leasing flight ta all or maintenance mA aerial envytsinanyothe ]riser shallvrIvee or ipermit the ase orallorany Wnion of 0e Lcati oser prcmixs in any nthp innaner tlmn herein sal [ordh, without We pnorwrltten eonsw[ of Lawr. 5. UTILITIES. Lessor shall coumc and pay for all costs and charges tar utility opposes famished is v part of pesetas rent, Lessor morves oho right to limit fire use of utilities should lessee's use of ulllities become excessive. 6. CUSTOUWL SERVICES. Levee agetav to provide the accessary materials, equipment and labors provide all neassury bane rinl and lodial services, and to maintain the Threats in a clean calls unsung And sanitary condition. Lesre: shall panics a complete and proper mangevmnt for the adequateachieve handling stud disposal of all dash mil other refuse caused by its operations ender (fits lease 7. -NLa1TEN VNCE AND REPAIR. Lessen shall at its sole cost and expense, keep and common the demedi promises n Psi class condition, which condition shall al all times be based on a standard of ca reflectng Tandem property ns enL reasonable w and tear asserted Los will maintain the structural componentof the 1-Hanmq including doors and door mechanisms. Lessee shall be responsible and liable for any damage he the T-1 langar caused by Lcoye n use, excluding but not limiicd to, bent or broken interior walls, damage to umsealva Flour duo to fuel. oil applied, doors assumed due to Levee simproper or negligent operations. Paye 2 of 8 INGUSS AND EGRESS. Lessor shall provide a right of dines and curi=es to the demised premisesfortha losses, its officers, cmp oy es and agents. 9. ALTERATIONS .NL IMPROVEMENTS. Lessee shall make no signal adduioal, npaln replaccarma. or unpro s uponthe lease realv4@ou the Intewritten consent of the ons, ad Monger_ 9u, ugh m shall amt be improvements wshall reasonable c All allegatProperty o additions, a repair retie renders and entree cots shall es and will n the 4 em mal Property of Lessor and gee M surrendered xith the barred premises as pan thmwl' upon termintion of this Lease Agreement M. ASSIONMEN'I AND SERLEASE. Lase shall not margin or sublease this T-Dangm without the express written approval of the Airport Manger. In the event that Lessee does revive oritteo refined M assign or sublease this l- Francis _flue Ica ee shullremain liable to Lessor for the remainder of the term of the lease to pay Lessor any portion of the rent and fees pro, ided for fournin upon failure of the entrance or sub -les tt be pay the some when due. Storage of switch not belonging Mo, or leased by I wesee, shall be until as a sublease andunless approved in warrant by Ne Airport Manager, Shan be grounds for wrminatiun of this leas. 11. Avill INSPECTION. Letters; aircraft shall be in annual or progressive inspection and license, not more than mneMy(90) dais ficin required dine. Upon request of the Airport Manager, Lesson shall [dmisb proof that aircraft has been certified it accordance with FAA minor nd.'or Proof of mumal inspection. 12 RIGFIT OF ENTRY. Lessor shall have at all reasonable times during business M1ams, the fill and n rimed right to crime the leaInsurance pa for the purpose of inspection, and for the purpose of doing anvil all things w1doM1 it is obligated echos alight to do trader this agreement orb)law. 13. SECLRITY. Letsce agrees to abide by and cooperate with Lessor in the enforcement and hnplamenuuion of applicable airport securip currencies and mcasmes as prescribed by the Determent of Hoanddid Seourity raosponntion courts, AdministraGaq and the Cape Guarleau Regional Affront 11 T_1XPS. I ea ie shall pay all personal properly tract which maybe assessed against equipment, erchandise or other personal properrtvned o ud by Leasee located on the demised premises. Additionally, Lessee understands and agrees that Lessor may be required to provide information to Cxd<ral and sae lovernmest inquiries regarding 1-nowe's propnry, known to be stored by Lessee 15, NO WAN ER OF FIJI UJILL BREACH. the failurtof l-com r or Leasee to win, in airy one or more w=wnces on a strict performance of any of me turn or the co lditien of this Lias , or to exercise alp- right Inert non ained, shall not be construed as a future endear or a relinquishment of me froviams or Main, but the same shall courtnan and remain in ran force and effect Ilie recruiter by Lessor of rent, nota knowledge of the breach of any ming or condition hereof, shall not be deemed a wrism of the breach and no x an at b) Iasson of deny pro n hereof shall be doonedto Lave bee made unity expressed in miring slid sibued byLes m Should Las prat time terraria to an assignment of this Lease or to a sublease efthe whole or any pmt of the demised pre o ng burr assignment and Notfarde the shall n made oriental the shpts mhs dog r modified in Manager Fore oftby firms or conditions examined en. n thrill be ultsted, x nod, o modi[is0 in any manmara eep[by smuen immanent seoculed by both penins. Paer3 of 6 la. ISIDENINHICATION - Loss, shall I,dernnip, and hold hnant and defend the lessor. @ Offers, carats and employees from and against any and all claims, demands, damage, loss o babdie area, kind orrupee, costs o expertincluding attorney's fres and witness coos which may be asserted by any person or ppsom f ror onof o jar doth or o damages to property sustained broadly of or arising out of activities account Lessee, its officers, Opera or employees provided for Nein. whether or not them u mrcunrent active or passive acghto cce n the pan of the Lessor, but cls uddng liabilities der to the sole negligence or willim misconduct of Lessor, dolor shall not be liable for Its failure to perfomc the Agreement or for any Ips, injury, damage or delay of any nacre whataisi resulting there had caused by any Act of Cod, ❑m, flood, accident strike, labor dispute, not, insumscomn, uv or com other come bgond Lessors ervnral. 17. LE'SSEE'S RIGHT OF TELNINATION. Lessee shall have the right to terminate [Itis lease Upon the happening ofonc or more ofthe following event. A. the permanent abandonment of the Airport, B, The lawful assumption by the united States Government, n any aumorimd agency formol, of the operation, control or ase of me Airport or may substantial pan tiremof, in such a macer as to substantially restrict Lessee's use of the prcmkses for a period of Tors -five (4ail days. C. Issuance by any Coon any of competent jurisdiction of Islander in any way pro r pestrichng the use of foe AlrTold d the reconnect in force of such mounted fora eriod of at least finy-ave (as) Gaya, D_ The default by Lessor in the pantomime of any covenant or agreemep beam required to be pertmmed In Lessor, and The handle of Lessors remedy such default for a reload ofturt (30) days men receipt fpm Lmsee ofsedition notice to comply said default L. Lessee spherical. sells, m is env may loses the aircraft referred to herein.above. Leovoe may exercise the right of termlmtien by written notice to lessor at any time within thirty (30) does after any of the es'enct mentioned in foe presence, .wbparaoraphs (A) trough (E) abovd. if the resent Lessee it ddinyapm in modal payments) to Leser in assets of aixry (50) days, Lesseennderstands and agrees That J ester bas the ant instantly roe Irak on the Hangar dna Lela property of The Les until which time ropl delinquent renal and Tec amounts ane are paid in NII to the Lessor. Alla such payments we received by Lessee. the Lessor shall have until the end of t enext nosiness day to provide access of Lessee'a T-Ilangar. IS LESSOR'S RIGHT OF TRICHINATION. This lease That be nubject to termination by Lessor open the himpacturn,piano too cathode spend followine cient, A. Issace shall be in adcam in the payfnml of run for a period of furry (30) day, after the time such payment shall be due li. Lesom shall nake a general assignment for the sought of creditors, C_. l shall file a voluntary,r base fled against it a volamary, petition in bnnkruppg profific sucpetition "rather uolunmry or cnwlunpry shall not be tlasses shall liana fifteen detailed after it is fled, D_ Lasses: I abandon by is used the pr me G. ].erase shall discontinue in use of premises fora period of shim (30) day exucpt for Page 4 off planned absenceowed as an extended night, aircraft repeat, replaeemenh em. F_ Lessee shall default in the perform Of any of the ogre, casettes, agreements mid conditions required to be kept and performed by Leser, and such default mnmme for a period ofthirry (30) days after receipt Of orn e r acres from L.uorof end default. O Lessee shall violate any portion of the "Capt Oirurdeau Regional Airport Rules and Regulations in effect at any time during the term of this lease. Lesson may ex se the right of termination provided for herein by sinner notice vo Lessee Of its intention to terminate, and runs lease shill terminate ten (10) days then the date Of such notice_ In meavas of lamination Lesson may take possession of The demo, 1 prcmses upon The effective date Of said wrmieation. Defeat under chic lease shall entitle Leeson oto declare all Installments or rental, m be due and payablei mediately, a' a Land the event Lester shall take reke possession of the dariasd Prepare itm relit the same upon such ears and conditions as it shnl daunt appropriate, and any deficiency in The rental pa)vvi shall he and marine fee obligation of The Lessee, 19. SOTICFS. An, naticv or other comaramca pan to Lester or puce referred to in This lease agreement stand be deemed validly given, tared and delivered upon deposit in the United Sates Mal, registered and with proper postage and registration foe Refund, addressed as follows: LESSOR. Ciry Clerk CityHall 401 lndepeni V.O. Box 617 Cape GuaMenu ALsmun 63702-0617 LESSEE: Michael Schauer Haim 1261TsmnwoodT l Cape Oirafdevq MO 61 Page 5 of 6 20. PARTIES BOUND. All of the tams, covenants and covduarto herein contained shall he u binding upon and shall inure to the benefit of the fa res. their successors heirs, coconuts, and assigns. IN WITNESS WHEREOF, the parties here to have caused this agreement robe executed as of the day and year film alcove written at Cape Ghardeau, Missouri. ClIY OF CAPE GIR eRDEA11, MISSOURI Soot A. Mayo[ City Manager ATTEST. Gayle G Conred City Clark LESSEE Mich el&ha� Earn gtr ATI(b r: Page 6 of 6 HANGAR LEASE AGREEMENT @is. Agreement made and Contract into this day of by and between the City of Cape Girodsu, Missouri, a Municipal Corporation, heroin r called "Lessor' and Sato EEllis herciuefler reduced to as "Lessee'. For and in consideration of the mutual covenants, goons and conditions contained herein. Ne parties mom zs £ollovo, 1. PREML6RS. Leasor hereby leans to Iowa the following described property: The fanner Commands Hangar, locamd at 3971 John Godwin Memmial Rive, Cape Girardeau Moscow, an shown in Exhibit A, together with remonably necessary rights of access acmes Lessor's adjoming arca Che mremR which is to be stood by Lessee at location is dsmibad as: Registration Number. N19Gn Year: 1942 Make: Faimhdd Model' Pi-19A _ Reginal ion Number Year. _ Make Model: m addition, Lessee is allowed two (2) tormand chsages within the same terms and conditions a this lease ONLY if the award: is owned order the some none an Me Lows. Lessee must advise Me Airport Munger of Ne following information prior to my change in the m craft b be sten d herein. AInnRCh : Dana: S -� 10:1 f� Registration Number. b/hF)TL Year: Ygey Make: p .L Model' Aiocndt Chan 2: Daft: Regirmadon Number: Year: Make Model: _..._ 2. TERM. This Agreement shall commence on___and marma in spear f r a period of ase (1) year. Thereafter, this Ammemm[ stll mnion in epact from month to coach, being automatically renewed after each month ualess arty (90) day writhe notice u pato by either Party that the Agreement should not be renewed except when I.eesee'e or Lesstr'e Right of Termination provides for fl dipment u dibratiun nate panne, as mentioned in Sections 17 and IS 3. RENTAL. Lessee shall pay Lessor monthly, beginning the frt day of each month, me rental amount as hereinafter provided, said amount being due and payable On or before the Imp day of each month during the Nan of has lease. Less ogees m pay Censor One Ramrod, Forty-Frye Dollars and no cents (S 145.00) monthty. Page 1 of 6 All payment are to be made at the office of the Cite Cnlleaor of ded (ve l of Ca ommuca yearti such other site= as J ties,may direct. ]Tore will be n LM h interest 118% charged on all Past due account. a Space here leased soda by tape only for the 0. LSP. OF a of de th acted or the rrod by dd Lessee Absvlorely storage At of any type antomoblle, stoma=ofl side owned. of or n- talion primed items or egmI se is permuted as e recrentional vehiclS boat, otic non.ns a hl 4i povi}IoVS permiUable use of Mis lens= in @x hmuar. Le s in � +y Other ral se>� vla�I1fIom d elea_ Ifs is ba,mithd=this lease. a inhibited from stmin8 an, fuel or toroleum products upon the leased Premises, retest thosescclsP ainteasnue. No wane or pehaleum ornately shall be spilled or in any 11+05 am 81fil mor V+ d'accmmtheAorportindougl+amishicsnfthe e ill Ahpbn ptwu sur PtoPr� aJ ct+6 l abatement of such spill or lessee Tile Leace slmll be res yovsible [or ahead conminmsee shall immediholynotify the sa nation at Lwse2s wee mor and rxPema P rt11 Lu 11 entrnbe. ShouldtheLees e Airport stronger and �pp I linegovat llmcned agency Of 5 ri Ie action in pre lessen stead. o Cabo do so, the Lasso r may I avoy rcasonebIs and oppop ee. The cast of such mineJisI so[ion by the Lair rshlIll be Pail y Lass Inch No maivtenvnce o[Lla noRd ainmff shall he conduced m the Lnafscd nimHarorspac the benefit of b spinal mnfntenanoc as would amerely artherbc performedthat no comm= cul b% Imlov wlies will be craft elector La- eget nvdnenrnPPr we Airport Melchor. aa[ofz Po conducted on I.soup S Prcmis'xr sviUom the exp Lona, IhelI High ib cdon, mainteaCa, bill a nm twittedrental, r l'his'ndudc5 ! h m a h Les pc�ull not we aa'Per"'it the use of all it any portion o[a+e and a=nte stuncy' n gr py m seOr Ill , a-'itham the prior xdtten consent of leased premise y' oldermember than here lescod pro All coda nvJ charges fbr mdGly dwiaa unbridled UTfLiTIES. Lesrsballm nerves the righiw limi¢hc use ofufililiW should Lessee's so as a part of Leaseek ant Lesseresa Of million become t T fee materials q �. nes fi CT. STODI eL S£R\TChS L.e g had to the labor to Provfd all recesses, J t conrel dition t I e shall prordial sets ices, all "dc a complete d p Per codd, safe, railed), and sanitary topsail of all trash and otherrefim could atranSement for the adequate sammry handling sod d by'its operations under this base. keep dmalmam h' ts uivdhiou b I at all times be based m+ a ND AEPAUL Lessen shall m its sole cwt and rzpp P °' >. of, dm ENANCEA '_ and tear exceplc the demised easel area in first cent condition, a +e reason' and handed of cars to scroll Ptnllem Pa°P I is of the hand Hsnear Spar,]no As coo rs Lessor will monarch the nmGnml comppnc door monotonous . Los=e shall be resistor and liable for any damage to the LenseAdds d 9mt essensdo tial to beheae thised d Luaea's use, Including bit not homedmna due or bio Laseeken 'srior N, l nprup or led oPaadm's' hers dm, m fuel, ell spillsgr doors an iin d egress to the demised g, EGRESS I.essm shall Provide n ngbtl ges INC.R£SS ASU I.i C its officers. employer; bed ngaldx moral on, lot the Paget of 6 9. ALTERATIONS AND LMPROITEMENT3. Lessee shall make no altemdons, additions, repairs, repiac ant., or hnpmt ems upon the lean prta withuur the Priv written consent of the Airport Manager. Such shall rent be withheld without reasonable e All alterations, additions, repairs, replacements, and improvements shall be and will remain the property of Leader and will be uncommon with the leased Interval as part thereof upon penetration stripe; Lame Agreement 10. ASSIGNIVIT.N'L All SU66EASE. Lessee shall not assign or sublease this Leaved tiavgr Space without the express written approval of the Alport Mananer. In the event that Lessee does trustee wrivan approval to assign or sublease the Laresed danger Space, the Lessee shall remain liable to lessor for the remainder of the ram of the Icaw to pay lessor any portion of (be rent and fice provided for herein upon failure or the assignee or rub -lessee to pay the samewhed due. Storage of aircraft not belonging to, or leased by Leasee, shall be consumed as a sublease and, unless approved un wariting by the Airport Modern, shall be grounds for termination of this (case. 11. ANNUAL NSPECTION. fa55yC:i aberalt shall be in annual or pmpcsive inspection and became, not mom wan n'mers (96) days horn required date. Upon request ofthc Airport Manager, Lessee shall fumnh proof that aircraft has bon certified in accordance with FAA ctirerie and'or prou£nfamual inspection. 12. RIGHT OF FNMY, Lessor shall have at all reasonable times during all boa¢ the full and mmearit right to rotor the leased promises for the purpose ufinspectinq and for the purpose of doing gas and all things which it is obligated or has it Light to do under this agreement or by law. 13. SECIIIIITY. Lessee agree to abide by and cooperate with Lessor in the enforcement mrd implementation of applicable sheen security regulazioer and measures as prescrilud he the Department of intentional Security/Transportation Security Administration, and the Cape Clrmdcau Regional Airport. 14. TAXES. Lessee shall pay ell Pers nal Property tax which clay be served against equipment, eluhandise or other personal printed, owned or used by Lessen located on the demised premises Additionally, Lessee understands and agrees that Less may be required m provide information to federal and =to treatment deria c legalLlegaere 's property known to be stored by Lessee 15. NO WANER OF FU 176E EIU:ACH. 'I'be failure of Lexsor m Lernc to insist, hod any ore nr more investors, on a emir performance of my of the Icons or the conditions of this Lease, or to everrise my oda herein customer, shell not be cerlmed as d future writer of a relina iodancnl of the Provisions r tight but tiro same shall continue and Torr iu in fail beer, and effect '1 he receipt by factor of that with knowledge of dm breach of my term or condition latent shall nor be deemed a waiver of the brunch and no waiver by Lessor of coy provision hereof shall be deemed to have been made unless expressed in writing and signed by Lessor Should Lessor at m e m consent to of this Lease or to a sublwu of due whole or any and of the praised farmnkes c farther assignment and up funder subleaseshall he made without the w,pibc sem "Tiring by the Airport Manager_None of the terms or retainers a withoutf this the e altered,aw wed, Lir modified in cull by written indlul essential by shall lames_ , iannarn 16 NDENESUICAT'ION - Lessee 511,111 iako n iLe and hold hill lcav mend defend the Lessor, its officers, agents and employees from and against alp and all claims, demand., damage, los or Page 3 of 6 neluSv_ artomey`5 fees and wines cooks liandlrymof any kind o Peau . costs or expenses, i or ens your of one Iniunvs or death r which ay be asserted by enpas or� sans gor ovt of anAiGvs of Lessee,1u 0 Teen, agents damn6es to property surf d 'because wFtlhn m notntlherc is cOncortent aor v[ or PaSaiso neglizusem r employees of for he e on the poart of the Lesor, but ombil ing ce eveen LLNl miewv ovm liabilities due to the sola vegligco OP or Per v 1 ss, of Lions Lessor shall not be liable fur Its ever resulting thlure to Pe ere framAvl ea by Pan ArI of Gd, whamourv, damagveor laN Of aln anslabor dispute, not, ivsinccliov, w r or avY Other cevec bayuvd nather Cry, food, Lessol control, the rill to terminate this lease 11 LESSEE'S RIGHT ()k Iffe mo�ofl"10IN the c to owing evissure shhe" have upon the happening ° ents npork A. The lawful assumption M me Pound ioughmarent of the States Govemvtem, o any nnthoart tl caI I g the lawful a opecontrol or use of the Afrymt, o nay substantial p ul of till oRha operation.s 0suin bsravtialty restrict Less" s sin of the premoe. for a pert forry-fesmtia�)dell, Cany onn of mmpctent indsaieuon of any imaian in arty, May pi o¢nentI G l for a On To .ddmg in u of the Airport. and We remaining m force of such inlet period of au®stfinr-eve (4s)daNil pram eaml or age enlbeteio repel a D. Toe de[nnit by Izsao n the per o rte _c me o to be petlmm dbelotterso Pfrom Lea e PC ce orf wnnmmblca mddefsat d JcOulta ofsoom reymates uis, o n way I starha mrcrafI ref art cd m herein,abow I, Less Ice the right of termination byinmene to st bP°r'E'9PI (A)throt one free Is ugh thirtyR) Lessee l chaermany of the events mentionPreceding aboF30ve, e, ° above. Leasee is delinquent in rental payments) to lessor in recess of eiaR it hand)day'. to the eventw thnt Lessor has lite rlgM to change tM1c Iw.'a on the bangero ° Preece understand, and avail which time total delinquent tanks and fee amount Jue arc lurid in p operty d by Palace ➢e I IT shall boat until the Pull no the Laron. After such To Imvoam r°[I,msae'sl,anrd H ngnr 6Pttea. cud of (lie rocky business day m Ptomde al o l p,>;.SSOR'S R1GNT OF SERMINATfON' Sbrs lease shall be snb]ecl to Iermbtaaon by Lassos e of the to"" Ing cvenu- open tpofany^ after tile tfin hnPPcnim one or inn A Lessee shall be In °tracts in the pvymwt of rent for a Period of abitry (9p) dvya a0 time svc Ipayment dell be duq ens for the benefit of eradarel' etitiovb IP ceeball makes eacral norBat° o - `dvnuD'' P not be 13 s or hove filed a elm P Nvolun Involuntary 3b d C, Laos ee shall this a doluumry= ahalhet Colt m plc m lded such prlhw'n banl:ry S Pr lfodfter it it ttled, Jssnia doutbotfiRzwt derho' - - d of thinY(30)days, except for D. Lasses shall vbanvJ vu e its tete it t c PmnInsfor a par o reel ,mt�t uc and I_ teasee.hallSc n'o tellded tT h4 almrafl rpair. ' normel It or sucb as an front g d sucb dafvuh mminue for a Y. LcRee shell defxalt ns in the end pwfolied by imeee,tanr wrananta, agmanan conalti lta rttluima to be kep Trust of Perot] of thirty (3 0) days after receipt of wdnen not from I.esmr of said default G_ Los , shall violate a y portion of the 'Cape Guakwuu Regional Airport Ruler. and Regulative' in effect at any time during the term oddity lemv_ (Note: Pednitmg to Station 19. pennants A through G, Lessor may exercise the right of termination provided herein by "than nofiae to Lcsec of its intention to mominta, and this leas and tetminam ten (10) days after the dam of such votico ) 11. 1 esside receiving nini (90) days written [amination notice from Lessor, for any mason, to v to the Hoagm_ Additionally, if that termination has thwart brought about by a atnew single tenant, deciding to (ease or predicts a Targe portion or all of the Ilartgm, men LESSOR will agree to alleviate LESSEE of any rental obligation for the final ninety (90) cove parties, at which lune their lease doll teminato. In the event of a n Lessor may take pas of the demised prowsupon the effective date of said tetmiadionDefaulr underthis leve shall entitle Later to modarc all ming iimudihnents or reels to he due and payable immedlaldy. and in the event Lessor shall take recreation of the dt en sed promises, it may inlet me same upon tach terms and conditions as it shall deem apbe ops and any deficiency o die rental payments shill be and remota the obligation of the lessee 1 19. NOTICES. Any notice or other communication to Lessor or I_essw achieved to in dia lease agreement shall be deemed. alidh given, sen eJ and delivered upon deposit in We I!nhcd Slates Mail, registered and with producer postage and registration fee prepaid, addressed as follows'. LESSOR CltvClerk City Hall 401 Independence P. O. Box 6 1 Cape mrmdred, Missouri 63902-0617 LESSEES Jnlm Ellis 323 S high St. Jackson, MO 63955 20. PARIKS 1101ra O. All of the arms, cosmetics and condition; herein contained shall be binding upon and shell fince to the benefit of the Parties, their snwws s, heirs administrators and assigns_ _ executors, page 5 ofd 1]WfrNE5 ablve il:OF the Ew hus here [C nave euused tills agree ent to be e>ecuted ss uC Use day m and year £vs[ bnveiucn a[ Cape Glmtdea4 Missouri. ATIEST- vale c_ coMaa Gty Clak ATTEST' CI'I Y OF CAPE GIfLAADEAL. MISSOURI Scott A. Me%c cel Manager LESSEE ionaeTti: Pao 6ost HANGAR LEASE AGREEMENT This Agreement made and entered into this day of _ ___ bT and societal me Cuts of Cape Girardeau. Mizsoun, a Mmioipil Corporation. hereinnterwiled`Lessor'antl Michael Fmd heminaRer mfrrtedto as"Loaseo`- for and mro nis nsidermion of the mutual covenantstetand conditions contained herein, the panics agree as follows L PRE.NI1SES. Lusorherehy laabes to Lasscethefllowing described property: The former Commander Hangar, located at 3971 luhn Godwin Memorial Drive, Cape Gimrdcan Missouri, ad shown in Ealubit A, together with reasonably meesecura rights of acceu across f.com's adjoining area. The aircraft which is to be stored by Lessee at this location i described as'. Registration Number. N2T/CH_ year Ig96 _ Make: Catena Model'. 1]2M In addition, Is_ssee is allowed two (2) shame changes "thin the Same terms and conditions of this lease ONLY ifthe aircraft ie owned under the same name as the Lessee. Leese must ads So the At" Mutation of the following information prior to tory change in the uturaft to be stored herein_ Aircraft C : Date: Registration Nmnbcn ycer _ Make. —. Model . Aircraft Chavoe2! Date: Registration Numbers year Make _ Model. — — _. TERM. This Agreement mill c m marefi'ect for a Period uPone (1) year Hereafter, thisane Agreemeut shell mntimn in elFcot from month m month, being nummabeelly renewal after each month unless nines 90 day eWfcr Y ( e ice'oftlso notice a (Even by parry that the Agmcs tent should not at renewed except when Lessee's or QuorinLesson's 17 Said of Tf this lease, inallor provides for a different ,it location trine frame, as mentioned in Avtions p and 18 n. RENTAL Lessee shall paw Lesson monthly, beginning the fuss at of each moalh, the rental amount as hereinafter provided, said amomt luing due and payable on or before rho 10th day of each month during the reit of this lease Lessee sort to pay lessor One Huudrc Dollars and nn.ri.ce(% las on) monthly. d, pn r' Free All cry mems are to M made at the office of the City Culleelm of 'he City at Cape Girmdvau or at s:rah other place as Larsor may direct There will be a I %per menti interest (18% per yen) Page I of Shaped on all pan due acwvns. 4 LS6 OF THE PItENHSE6. The Leased Hangar Spree hereby lensed shall be used may for the nod or Irsttd by Lessee Abwlmela no rano of avy, typemoral n Drage of viruan u+. other a aoiutfon related Items orequipmentis p +deed m recreational vehicle Li _ <, h h 'ov of p 'a seofth - thehn L Sated Id' w A l vmtioni a to the I lope. if N I praoidedinn this IpSQ Lesson is prohibited from Stoma- all fuel or petroleum products upon the leased premises, except thosenecessary for minor mmol broad. No waste or Saardeam materials 5haS�T�led 11 at any any Ow ommittee the Airport Prem s ur property' adjacent in Me AaryID of e;hallba ontainmen4 and Immedialocteddetelycneh spill Lessee 'Lessc re cost anafor cleanup, contain.... z nce Immediatelyconsist e. k Mer Izd mahailim Y contaminationnMaet and ssolecosoei expcn�' agency of such an ncwrteaw Should Ihcl,esme AiTort Maaagnr and aPPmPriate pro ei myrean reasonable andaction- thef.cdaee'snn'. fail m do So, the Lessor may take vnY rca appropriate ee 'I by Coal of such Personal acaon by me lessor Shan he paid by thLasso To numeration of the Stored aitund shall be conducted In the Lensed nee ac Suns, except bene such would ncrtually be performed by a" alrnaLt owner wuhovt the benefit of a maintevanc w agrees flat nocommercialv notation activities will he minor v an0 m obanno LSOdsea at �it ouhe exphers written al of the Airport Manager. conducted on Leaver's Pmmrsev in di l ineru<tion, maintenance. This includes, but is net limited to warafl mainl, charter, leasing igh Lease shall not n>e ur m mh me me of an or am Carl of the and round scroll4homscaush - wifiam the prior written consent of lea ed promises io any othern er than herein Set to M, Lesair tumisbcd and pay for ull costs and chargesforble;Sse 5. Hcipart ffl Lessorsunt Lec nth right wlimiuhc tse of milintas shouWui essev's vse s a part of Lemm2s ten[ Leswr+esu ' Of alllitia become <xcessi.a ez to outputis, equipment and 6. CESTODLii. SERVICES. Lessee agar provide me sad omple p a labor to provide all rtesmry]allnor's and Senators,sh nmpsd tomeivtain Site promisesand cru thea safe, orderly, and sanitary condition Lessee disposal of all trash and other rofnse sed neat for the adequate Still , handling and by it, operations nndet this leas. y MAINTENANCE AV D REPNR Lessee shall a[ m sole con and expert. e, keep :tent maintain ondrtion, a hld+<oadltioa ahallat udd ice be bated "tell the demised rental area on nJOn Vrepe^y inr^agemcoq masolla, w and tvnr a Dud standard of tate concentric P Pav3s'mdoding Learn Coal maintain the atruvuno mmpunenb of the Leased Forests doormcchanism> oto the Lea¢J Flwymr Space Silicon by Lw 'shall ba respensiblc anti liable ed mabdtat orboken interior walls, damage to vasealed operations Lessee's use, including. Fut floors due m fall oil spillage doors damaged rive ml. ght o lueno m neyealm tbu g_ 1NG11635 ,LN31 ElinESS. Ldsor shall Provide aright of SngreA and egfc,¢Ip the demi+ed pNGtHi forthcl.es»'e,is eras, employee, and decade q ALTB1aA1'IONB ,tM IMI'I20VEMENTS. L.t,Qe 'hall make uo allerantuos additiovz page 2 of 6 ripars, replacements, or improvements upon the lease pro vithoonhe prix wriaen consent of the Airport Manages Such consent shell not he withheld column re nmuse. use. All alterations, addition finds, replacemws, and improvements shall be, and will remain the property of Lessor and will be surrendered whh the leaned Oremrsea v pan thereof upon termination of this Lease Agreement 10, ASSIG_VNEsop AND SLULFASE. Lessee shall not coarse or sublease this Leased Hsaym Space witmuuhc express writh n approval of the Airyon Manages lattice event that lessee dues carmen apprmal to asamr;o sublime this lanced lbolsor Space, the Lessee shall remain liable to Lessor for the r ter ainder of the n of the lease to pay Lesse any portion or the rent and fees prodded for herein upon failure of the assignee or sub.lessec to pay the same when due. Storage of among not belonging b, or leased by Lessee, shall be consurned as a sublease and, Facts approved in coming by the Airyon Manager, shall be mounds for termination of this lease. 11. ANNUAL INSPECTTON. Lessee s mount shall It in aminal or progressite inspection and license, not more than nlnery (90) save from required date. Upon request of the Ahpot Manager. losses shall furnish proof that aircraft has been certified in accordance whh FAA triterm color furnish afannnal inspection. 12. FLIGHT OF E]TRY. Lessor shall have at all reasonable times during all hours. We full and unrestricted tlabno offer the horsed premises for Lie purpose Ofarchaic don , and for the purpose of doing an, and all things which it is obligated or has a right to do under this agreement or by law. 19. SECIRrFY. Lessee agrees to abide by and cooperate with Lessor in the enforcement and Implememation of applicable airport ¢ury regulations and measures m presented by the Department of homeland Securmy?mmpormnon Satisfy Administration, and the Cape Gladdens Rational Avpnrt. Id. TAXFS. Lessee shall gay all peramal property taxes which may be recessed p aper equipment, merchandise or other personal property owned or used by Leee located on the demised pre msec. Addidiumble, Loa'ce undershorts and apces that Lessor may be required to provide Information to federal and nate government Inquilies regarding Lesse 's property comen to be norcd by Lessee. 15. NO isi OF FLTLM BREACH. no failure of Lessor or 1 -moue to insist m are, one or mont Franc smir vmtances, on aduct Performance terms any of the tenor the conditions of this form,Orto see any right harem contained, shall net be construed m a Franc or a hordishmm e of the provisions or richt but me some shall continue and remain In full have and effect. the ceipt by Lessor of rent with ktmwledge Office breach of any term or condition hereof, shall not be deemed amiscr of the breach and n r bis Lessor of Fact Precision hereof shall be deemed to have been wade unless expressed in writing and signed by Lessor Should Lessor some eosant ban ao'igament of chis Leas or M asublease of IM1e whole canny part of the Fort promises, no further assignment and no further sublease shall be made without the expressaFr vent in Fruiting Fm g by Aigmn Manager. Nunes of [its terns or conditions of this lease shall be added, waived, or modified hsany maraud t en sept by writtinstrument executed by both parties 16. LVIEMNIFICATION. Lecvee shall obversely end hold h:mm]cea and defend die Lessor, its officers to and employees lora and against any and all 'claim s, demands Francs, loss o liability of any kind o ncosts o expert including auoncy'a Fs and w s which may be ro rte by anvvPerson nr Persons for or on account f any es m death or hnjar Pulse of al sued bona no of aedvitIn of lxexe, Its Officer, mance or cagcsmpmpe'ded for bare' whether fnot the] a is cencarteat active or passive nogl fee cmplmees provided on the pan of the fallen, but excluding f bitllties dux to pe sole nde.0 Aevee unfindrevzany lose of Lessor. Lessor shall not be fable for Its failure m perform loc Agreement oamre whabocke resulting then fromf caused by airy' Act mound f bond. longi or of r or any muse mound ' ury Ja delay other c eyant race, don, til cldev4 zirh<a labor dvDum riot mrurteaov, x Lesson's conntl. ❑. LESSEE'S RIGHT' OF 1E2I1LYATION. Lcesee shall have the right to formal his lase upon die happening of one or more of Ibe following evens: A. "Ino permanent Abandonment of the Alrymt` rhonud agency B . The lawful assumption b)' the United States Govemmrnt, m any au such zmv operation .contodhr use of the Iacocca a Airportor of the vbsmisce pan tlram o, of fort) a norma as to mbsmnuutly resln6 Lessee's m Premuos fora a Cany-five (45)deCourt of compound Jurisdiction of any lnjunJlion in an) way Pmt ming C, Isst nce by any mei of such tion fora monomericor flue am of the Altera, and the re nmg m tomo orlon period of otleast Corry -Eve (45) days, �nce of av covenmi or agreement herein required A. The do Ca hby Les in M perfo to be mrfonned uy Lessor, and the is In of Lessor m re ody such de0ult ra period d dc hand t. cess ,(ID)day 11 or ipr Gam LttyeenraC um Rnefrred to herein, above. sum E, Leasee rmaaata�eunrmanr warlosea neo ra referred withinihim ee the right of accumulation by a'^flten omen to Lcama at anYstllA) rhmugh (E] Less emay ttem t memo paned lope®gmPb (30)daysafter any of the events tied in [he mg so abnre, art in renal pavmcngs) to Lcoca lo wXees, of Baty (60) cloc d to then ant Lanka Iss dctlngothat Lessor bas the rightm change bclock on thehang tess v undemtandsund ag n got renal®d Yee amounts due are paid in lussc mail wuich tim[smmlyd< ivad byLca n tha Izszm shell lovas until the Protractor of the are fall to me Lessor, After such p Ymu end of the next business daY to provide access of LesFce'she aud Hangm Spvuc. to, LRSSOR'S FIGHT OF RitodINATIO This folike sshallt� or ..act to amtinmitm by Lessor upon the hvppeningol am' ave ormore o foe A. l.esse shall bent shard lnthee payment t of rentor a Fares of thirty (7o)Jays after the time one 1 Payment shallbJu ant the benefit of cmdimN.volvmarv, petition In P. Lessee shall make v generallion ofassignor5hove filed source it an -shop not be C Lessee shall file a vo " ua whether voluntary o mica nmrY ban ))toy, Provided such petition a dismfsmd widen Lheen OS) days anel las had, heron shall abendonthe demised Brent ]0 d eeptfor O. Imaea s Period nfihim ) nrx ex eta tum titherand Cereals f P fl. E L 'c shall 1. os is me. soon s an m l d❑ M -c at 1 threplacementcovena t by is L sscnamel halldef It'tih pef f' Y Ith R it hdl free E. confitonsr9 required bel Pt dP [ oil by i L 'do[tFlnyfi0)dap v6crncetpt ofwdnen not cul r Y 'd ort on Ruins and perm y poa- f.. Lassen shall vlalate an aon of Are "Cepa Ohardeao Regional Ampnn page of 6 Regulations" la effect at any time during the tent of this lease. Mote: Remaining to Sermon 18, premium A through G, ],asset max exendive the right of tern inaron provided brain by smitten notice to Lessee refits I mention to terminate, and and leas shall terminme ten 00) days after The (law of such mote_) H_ Lansin covers inix ninety(90) days written termination notice from Lpasoq for any reason, to tato the IIm at Additionally, if that continuum has been brought about by a new single cement, staining in lease or pmahasa a largo section or all of the Hangar, then LESSOR will agree to alleviate LRSSEE of any radial Obligation for We dual ninety (90) day period, at which time their learn shall terminate In the event of termination Lessor may take possession of the demised prem arms the eRectiI data of said terminmimn. Default Order this lease shall entitle Lessor promises to declare all remaining installments ormnmis to be due and payable imvmdia ob, and in the event lesser shall take possession of he husband Premas. it may rule the same upon such terms and conditions as It shall deem appropriate, and my duliodinci In the rental paymoms shall be and domain the obligation ofWe Lessee. 19, NO]'III Any notice or other communication In Lesser or Learn retorted to in Wit leave emeriti shall be deserved validly Over,served and delivered III deposit in the United Stews Mail, reglmawd and with proper postage are come mion fze premium, addressed as followsv LESSOR: Liss Clerk Case l tall 401 hidepondemc 1'. O. Sox G❑ Cape Crowson, Missouri 63901x161] LESSI—C Michael Reid She Exceeds Liberal. Cape Confused, ILC63901 20. PARTIES Led s binding uponn and shall All of the terms, covenants and Ormitimrein u hecontained shall be all c Wm hempfit Of We favor them suuunsors, ho aammtmmmre area a=s;gaate to ^. executors, Rage 5 of CS W ITNE9 N%H :RFOF, the Parka here to have eaused this efr«menrto he excoured aS of the day and year first above evince at Cape Olrnrdwy M'sSonn. AITCST Gable L. Cotaad Clty Clerk AfTP 'f. CITY OF CAPE OIRA&DM \RSSOLRI Scon A. Meyer City Manager P6 I;" vlich¢e1.Hcid pafc b of 6 HANGAR LEASE AGREEMENT this Apeement made and wall into this Jay of , by and between the (:its of Cape Oirmdeer, Metered a Municipal Corporation, rercinapu called 'Issmr' and and Cvrteron TM1vne_M1<rewnNsreferreJ to ar ]xssne`- _Beverly For and inconsideration of the annual concerning terms and conditions contained hemid, the pnrties agree as follows: 1. PRENJSES. Lareor hutdry lwers to Lebbe, the following dmcribetl pm party: the ton er Commavder timme mewed m 39]1 John Godwin Mev nal lhive, Cape (candl Mrsionere be Shown in Patron A, lopether with reasonably greater, some; of dews Intel Lessor's adjoining moa. The aimaf which is the he Stood by Lessee at this location is described as: Relishratina Number. N26 IT) _ Year 1969 Make: Beech Model: C23 In addition, Lessee is allowed two (2) aircraft chol s within the Same terms and conditions of this lease ONLY at airmR is owned order the same name as the I ester. Levee must advice Elie Androm Manmer of the lblawing information prior in any change in the a craft to be stored trend. Aircraft Change l: (late: population Number, Year, Make Riedel. Aircraft Change 2: Date: — Resistance Number Year, Make: 2. "1'Elibb Thin Agement stall commentsun and le T effect for a perioJ of one I . Thema en erne shall connote in effeer fiom month m mo ill, C ); erg this Ano t =taint a�that ally crossed afteAgreement should uldrean Ih unless extent when any renter notice nee is given by ithe p that tile s ArIdarent er not be enneuM except wfien Lessees or Leers Right of chases heti tri provides hot n d.fiwntrotifiention tiny frsmS un martmocd bi ScdTna 17 and 15 3. REN rAL. Lessee Shall pay Lessor mooAry, begriming the first day of each monde the rental genDunt as decalcified provided, said annual being duo and puyableo or before the loth day of crchmonth during Memrmorder thly. Lepoe amers holey Lessor (Cardinal Ferry Five wick svth mcents ($ IASo0)monthly. All payments urn are made atNe nifty of to City Collector oftheone ofCepo irIraMrnn oral sot's other plan' as hmy'T may direct there wi11 be a I Y. I. pm mmrlh emend (18% par year) Page I of 6 charged on all pill due decants. J. DSE OE't� PREN%1Oi the Leased Hangar Space hereby leased shell be used onq for me . Absolutely no smax of avy t pe ado mon storage of aheraft owncA or lauaed Fy LcSarelated items or equipment Is v s creational vehicle, haver, om`[be Ronaviation rsee rcsers.C, the to CCme�yv_ed ori penvinable use of This leasee costs fs�le is v'olateJ -n dd t in to em'�r ram �o x: ices �rnxr in this Icae ex Or eatrnlen rnanu.. upon premises,ceps Les a vrohlbkea aom To Ye'!Na . std a peM1oleummaneriala mom he rallied or In anY mon mamilry fom Air mem o o y to S adlncavtI WC Airyort mmogF of such h s owaycfma tc the AVrpon premuca utwrnt and abatement of such spill or Lessee 11m Lases shall ba responSOMa (erdeanup,w ' sesFallimma iatolynnot' ry Wo d ti e. F other, La e Les wnluminstionet Lessee' so a'ea r[d exvnml he ncy o(rvch an acsin te.Oho Idth Airport Meoeger^nd vpP:°p unable and appI I teamion in We Lessu's stead.➢ hand do so. do Leseffis yoke arty n'u e The cost rcmadial ton b: the Lessor shall be paid byme Lezce Nam rformed by ei c aft o without the haven[ of onducmd m the Lamed Hangar spore, except such aintm^nw of thentired aFcnrn shall be ., r r activities will be rintennnce as would normally be res pa n s n e reial aviation minnmet imilar mechanic Lessee further agree written appmvvl of the Airport Manager conducted on laswf's PC C9 Without the express nidtt innrvdtmn, mammmance. 'ITIS inoludx4 but not limited to aircrafteshnll rental,t use rp oh the mea of all or any Panama of We and aerialother mermen than hnmly set forth rvohout the prior son ^sed of survs'en lite_ P nem leased Pamiaw in am Isam colds and chvraes for mllity sarvlocs Ran soca ETIISplES. Lasorehullm riseii for alln as Werigbtmliml,Neuseooatil¢iashoufd Lessee'insn < as ^ pan of Lessee's rent. Ll s Of ntiaies become ev:ensive. rmderials. equipment and SEREICES. Lessee sass m provide me necesd to _ Wises a a counsel and CISCO 11 servmes, an�omeiva�'nvmI a prod propor 6 CCn'op o de all vocessaryrv^ ere dento dory condition LI I e shell provide a d other refuse cawed demi, safe, lot the, ^n uate Sanitary handling and dspcael i all nusM1 an areaaxClassroom l oo fu' by its ores 1 m under this Icase. pence, keep d mountain bLUN1ENA5CE AFD REPAIR. Lesscx slew ^t its sole cion arable all T and tear e>capte I ll which condition te' ea fear based o ^ shall at a the demised To are �^ f'rsf s `O �eIll anaeemenL remrnar Spec meluding doors and Iass:t of jeouin the stmaturd composnl�afthe Leuced 31vng I s ill ni door mechanisms . noes y ble and liable for mry doomed kd the Lanced N®gar SP^e m nneealed Lm eshall use retained bat not lborcdWgeddnxw keninternal Ismproper or ,,,I,gxnt operations. Les 's ,inclusio c, dear ma Lessresnnpcnper or goon due m fuel, oil spi11a5 a, 0GR255 AFP EGRESfr Ixszor shall provide nd a an of ingest and c�ers to d'e demisGl premisus forms Lessee. its amcxrs emvlarecs arta ngene- 9 ALTElsklp N5 AND bal"ROVEMENYS. i esaae .-tell make no alterations, additions pun ? of 6 repairs irmacentreems or improvements upon the lease prem without Bre prior written consent of the Airport Manager, Sean consent shall not be withheld without rmsomme cause, All almrafions addition, repairs splaoemenn, and improvements shall be, and will remain the property of Lessor and will be s enderad with the leased arme es pan thereof noun termination ofWir Lease Agreement 10. ASSIGN)) .NI AND SLBLEASE. Locus: shall not assign or sublease this Leased Hangar Spec w;aom the exprctt napproval o[NeA'upon Mma¢v. In the event that Lessee does receiia written approval to nassigtt orsublease this Leased Hangar Space, the Lessee shall remain liable t Tire for e elem ntal of the term of the lease To pay Lessor any portion of The rent and fees provided for herein upon failure of The ss assignee or sub-leee mpay the same when due. Storage of aircraft not belonging to, or leased by Lessee, shall be construed as it sublease our unless approved in writing by the Airport Manager, shall be grounds for termination oflhis lease 11. ANNUAL. INSPECTION. Leases b call shall f in annual or progress re inspection and license, not more than ninely(90) days from required date. Upon request of the Airport Manager, Lessen shall fall proof that Shared has been occurred in accordance with FAA criteria easier proof of aimed inspection. 12. RIGHT OF ENTRY. Lessor shall have at all reasonable times during all hours, the bull and vmeracted right go chair the leased premises for the purpose of insirwhon, and for the purpose of doing any and all things which it is obligated or has a right to do under as agreement or be lave. ❑. SEC'IR17-Y. Lessec agrees to abide by and cooperate with Lessor in the enforcement and implementation of applicable airport security regulations and measures as prescribed by the Department of Homeland Scuunl ay sp MI'on Sanctify Administra io , and No Ca pe )massae Regionl Airport 14, TA3CF,9. Lessee chall pay all personal property faxes which may be assessed against equipment, merchandise or other personal proper owned or used by Losses loaned on his demised Pi Additimmallg Lessee undmor m l end agrees that Lessor may be required to proaide information t federal tad stale government nobody regarding horsey's property known to be sued by Lessec. 15. NO K_AT'FR OF FL'h[RE DREA®, Or failure ofLasror Or Lessee to mucid in any one or moraanstances, On a auto performance of any of the terns or the conditions of thls Lease, ort examise any team herein corm ned, dull not be construed as a future waiver or a ref quiamnt of the provisions r right, but the same shall continue and saner in full force and epe l The receipt by Lessor of with knowledge of The breach of any term or condition linnet', shall not be ([armed a waiver of Me breach and no waiver by Lessor of any provision herself shall ba deemed m have been nide uoleac expressed in writing and elgmal by J cour Should Lessor Trans t time Consent on Mai moset of this Lease Orin a sublease of the whole or any put of dm demed promises, To tuner assignment mid no further subleoss shall be made without the express waiting by the Airpon Manager Font of the tears or conditions aphis Lease at beahe w,wm ed, o modified in any manner except by written instmmaat assured by mall ins. 16. INDEMNIFICATION - Lessee sbn0 utdem ay and hold brainless and defend the Lnssor, its ofGus, agents Soot enployooe from and aaainm any and 411 claims demands, damage, loss or liability of any kind OF mare, costs or collars, including uttan y a which May be asserted by any person or fees and vehicle costs persons for or on account of any mju toy or death or page 3 of 6 damages to iee sustained battery of or arising nut ofactallof Lasses, no officers, agents eplayc proviad far h.ein.wheco brother or not there is ncun<nt active or pas negligence r but isolating liabilities doe to the sola nugL@ence or""Fil miscondnot On Le port of Lessor • not be liable for its failure to perform the Agreement or for any loss, of Lessor. lessor 11 nhatsuuvcr resulting there from caused by any Act of God Fury field ac idem,or delay of un ab m Insamctioq w at of any otter coax beyond fire, Road accident, str&a, I bar dispute, riot, ' leaver's coarser 17. ].ESSEE'S RIGHT OF T6RMM_4IlON. Lessee shall have the right to thersom to thin lease upon tie happening of onear mare of the £yllO"ime event. A. The permanent abandonment of the Airport, annammardamved agency b- The Imvfll assumption by the United States GOVOt-Or 0. Of any such e, of the hh lemontaanciontroll o rnor n act tUsxc� se of lie pr substantial pan rrta p.rmid of Larry (45) days. evtiv Is ce bane coin of competentimisdin Ire nI®r initial Fee If SIM6 mareclion fora or restricting the use of so Alryan, and 1 rema burg m ° period of at least fottyfiye 5) gas. agreement M1emin requited e of any covenant ora rod O, The default by ].error in the Performoth nnedy h default for a p to be p.'r£ommd by LeS and rho %elurca O[Lwdnee noucem remedy said deGalt. offbitry(30)daysafim mceiptlto nae Les relaaama,sells, or w any as yloestheahcrNtt'heasdrohers"above. ,,cases ser x the fight of Wtmivn6ou by writluv nytiucm Lessor or eph ti(A) wilful n„ lid (10)eda>aay❑m of the cycle mentioned in the Weeams se Uma¢ sea above. anv m Lcssa ' of s'ty (60) days, In the event Lessee is dellvyaam in rented paYmenQs) res acct hoaid ld Laxa y of ISO ds and agrees that timeLessor has the righmien tl mule&o ecfatk on soar ll have e pmperty o£ nos Lysate until abach pay time ental deLngern e, the Lesson shall have upol the any ved by Les ° fold th othe ala Atersuds Pa -Videx s'ItLoxee s l eased Ifavmur Solve. end ofthencxt business day ill P"r sews . OHp OF TERolls ATION. Drs leave shell be oul to termination by Lester I8LESSOR'S RI on the ha➢Pcningstory nacos more Of the following events isbe30 d Li 6eears In the paymcm of rent Par a period o[ [hirt ( ) days after the ' A, Lose In an tlmasuchied cusballbe dun en fm 0tebenell of otedllos JL Lex aslmll make gvoluntary,�o have fled st t a involumamryis sFapnnov m aged° not Iw p I.Ocoee shall Lle n o vs banks as pmrided tech Pctitiofter i[I ttlGledvoluntary m dismissed within FlOcen(l5) days a fyr O Las cc�sll abandon Mo demised pt 0 eyenotion Trap m"(0 1 airs ase o£thc pret mind of@i 3 haY+� E. Les eshall^ism vn n n�ircm(t rep al s. replace mtablets exceptearl normal abs cs tech ss: extended t1gh4 a r of the other covenants, agreement 4, Level shall definto in the Pedonn'mce Ott w; d+uch dstmot c"a nno far conditions r ved w ba kept and Performed by Lues nn period ofthlery' 3 days aficneeelpl yf,,.Ia notica from Laserst uon r G Leseaz 51 all diolute wy porti°v of the "C pa (lirflrdeaa Nugionnl Airport IiWuv and hal Of 6 Regulrvone in effect at any time during the tovn of this lyase. (Nate Penaininpm Section 18, paragraph A through G, lessor may exercise the right of terinination provided!tern's by written notice to Lessen of its intention to hurricane, and mrs core shall turmeric too (10) days enter the data of such notes.) A, Lessor owning ninety (90) days written termination notice fioet Lessor, for any reusen to I are lenient, Hangaz. to, lease or. if that lera iargepon has been all broughtabout Larger, if new single ens gree to ll lease r SEE otic n large portion io all of final Ha inet then day period, Rnw al which to se their l LESSEE of my rental obligation for the Fnal ninnty (90) day period, at which time their shall renniawtr. In theewnt lamination lessor may take possession of the demised prem upon the e effectivdate of Said Reputation. Default under this lease shall caddv Lessor Ito (setas all ninginsWhnav vm6-to rechannpayable el immediately, card in We asset Lessorshall lake possession of Lieydemised par ; it may relet the same upon such mems and conditions as t shall drumappropriate, and any n'defuar . in rile rental parvinsints shall be and remain the obligation of the Lessee. 19. NOTICES. Any notice or other cation to Lessor or Lase ereferred to ,this lease summary shall be deemedvalidly green, rued and delivered upon deposit in lire United States Mall, registered and with proper lawage Lend registration fee prepaid, addressed as follows: LESSOR. City Clerk Ciryllall 401 Independence P. or Box 6 1 Cape Ghmda w, Missouri 617020610 LESSEE bonds and Cameron Thiess 23101RUL Pike Cape Girardeau, MO 63901 30. PART[itS BOL>T1. All ! 1 n ce n binding Upon and alndl inn `te o an¢ and es,teconditions here wmNed hull be admin art larsand apigere e n tba nrnen rr or ore parties, thelransess s, heirs, execnors, Page 5IL6 an Fri WHEREOF. th e parties here m Inne Lamed this agree ent to be executed as of the day and year nbcve wnaen at Cape Ginmdznu, Msseoei. ATT ST. Gayle L. Conrad Cig Clerk A9TEST'. QTY OF CAPE njjnrs DEA4 mMSOCfiI Scott Rlryu Ciuv Manager LESSEE Cont T G�mcmn Orbiter page 6 of 6 HANGAR LEASE AGREEMENT this Agreement made and entered into t:is day of , by and boosted the City of Cape Chnudean,Missouri, a Municipal Corporation, hemioaaer called "I eesne"and Cruder Air hereinafter refe ed to ce "Lessee"- Forandinca sideratiion of dee mutual t, ual covenanteem and conditions contained herein, the panics agree as fnllows. I. PWIMISVA. Lessor hereby [cases to Leaseethe following described property: The footer Commander Hangar, located at 33971 John Godwin Memorial Drive, Gee Girardeau Micaurs, as shown m Lxhfbit A, together won reasonably recession, right of access arms Lessor's adjoining area I he aircraft which is to be stated by Lame at location is described tar Registration Number'. M98MA Year: 2006 Make: atom nClnuupion Aircraft Madel: 9GCBC In addition, Lessee is allowed two f2) attend chances within the fame tatms and conditions of this lease ONJY if the aircraft is owned ander the same name v dee Lesseelessee must advise the ARCM Manager of the following infomtation prior to any change in the aircraft to be stored heroin. Aircraft Change l: ➢ate: Registration Number: Year. _ Make. - — Mod,] Aircraft Choate 2: Dan: Registration bander Year: MAC Model: 2, TERM. This Agreement shalt commence on and remain in cAat for a pe.iod of one (1) year. Thereafter, this Agreement shad continue in effect from month to month being automatically reiewoc after each mmnh unless nineb (90) day wnrter secret is given by anchor pony that the Agreement should not be anewed except when Lessees or factor's Right of 'Ice nation provides fora different Coalescent time forme, as mentioned in Sections 12 and 18 ofthis leve. RENTAL. Lessee shall pay Lessor munth[y, beginning the fuss day of each mnnlh, the rental amount as hereunder provided, mud amount being due and payable on or before the TO day of each dearth during the term of this lease. Lessee agrres to pa, Lessor One Hundred, Forty -Five Dollar, 'I'd no cents ($145.00) in ... thly_ All Cavorted, are to be made at tile office of Cty Collector of the Can of Utter era dC,, or at such other place as Lessor may direct. There will be IK te per Tomb interest(IS% per ye a r) Fuge I of 6 charged on all pan due accnwte. y. USE OF th" FRTyffSE& The Leased F Oar Sle" here W leased mill be used amoona for the craft owned or lensed by Lease . Abslmaly no stomgc of any 'ryPe s tomoaas a stornge of ah on related items or aq lemons Paul s a he restional rehno boat, trill the Ilan viod 1Rssor esenes the r� cea ace the urovrsL perminable az< o[this lenscig"r wiol�IN-in addlt to orb inmedlei tiodfil0. r, a tO the Le as ifJs_. Provide�hl e. ion Tired from storing any bill or patrole^nr Prodvds noon the leased p pdpal0 extant Lafsce is soon adnIn INO waste m Platinum trcatceiab shall be zpilledm m ane Those onto nWc the Airyon Illorropmq adlaonml to me Airtrart throu§h activities of Na wage rdw uP.c I t. and ablutions ofsuch 'Pill or ISReL T he Inset shall be responsibleLesacn shall immediately notify the contamination or Lessee's so lees and expense, PortlteS occuaOnce Should the Losme end apPropnher govemmntal agency of svch an Airport Manager sormay ink= any reasonable ova appmpri I actio" inthe Lessee's mead tail to dos oars be paid by the Leaue. The cost of such e temedI I action M thexcept such [Ohnnal ar Space No mavamamce of the uOmd ai�Ushall be [Onmed byducted sheermfO ler without the le oho of nlntenwae as would normally be p r r aoltmmcrcialsas anon atm-itity®ill be vcraft mechan l+a c %rther agrees Wt ° ort Mnnager- mmO st withwt me expmsz written appmvnl of Airport onduetedonLessospmmuses I(a,me., fluen instruction, o^tha This includes, but is[vOr Ifmked to aircraft rental, co, mit the else of all or any portiontion f r,d su cap/phomeraPhcrY. Lrs a shill not use or Pe tom the [ w men and ed coy at nee than herein set forth, Hill pins leased pmmfscs' mo Lo'sC cons and charges [Lr utility swicas furvlshed S. DTNTiES. Lavotshallao emd Puy for all Iran, thz use of uuhua should Lessee.ue n past of Lessee' a riot. �Leessor reseavea'he I' ttu of utilities become eacasi' . fi. QgTODLAI. SER49CE5. Lester agrees to provide the necessary vm[nrials, equipment old wined and eosin 'al sarvFcn'� al maintain wmummpfe a mud Proper lomises abor to provide all vacn it pen nmllthe Lesoce shall Pr o e clean, same orderly end Try handling and disposal of all tush and other sefuee cowed rtngamtm for the ad Colum sans+ M In operations under shin 'case p one pith condition shall lla twills and tae excepted. hEjn NAVCE A`lU p.ECAIIt lessen shell at i¢ sole cast inti e,epanstimes e, kce I sed on a the dinned term area in tint A ass prop s'm nmanogemanL mm'on? Still nduding doors end standard Of sre reflnaw<pm w Lessor wdlm h,nam the muctnral oompnnents of Ila Lensed Hang. P c door m'cha^ismzgrespace caused by re Lcacshallbee4anoil nm I11, tedto.Fer for an, atmbmknamage to llmcriarl oulla dam gege1tuopertad ].roars 's use, including, dxn damaged due to lzRecS imPmper or n e II operation; goon due to fuel oil spillage, tl INGRESS tiNU FbRESS. Lessor shall proodc a ngbl of malas and ego's to me demised promises For the I (ogee i¢ optical, con end vgcub p, o alteration. addinom, H. AE1EItA'FID9S AND LtvdPAOVEMENFS. Lessee scall make n page of 6 repairs replacements, or improvements upon the lease premises wiahortthe prior women se. All of the Airport Manager_ Such consent shall not be withheld withwt rc aodna6N canwill me alterations, artifices, repairs. replacements, and man,a ns shall be, rt thereof upon property of Lessor and will be surrendered with the leased premaes or pts terminational imeaseA-roccomp. 10. ASSIGNN6Np AND SUBLEASE_ Lessee shall not excision or sublease Nis Leased Hangar Space without the express written approval of Ne Airport Manage. N the evea Net Lesseedoes receive armed appooral to assign or sublease this Leased Hangar Space, rho J w ea shall remain liable to Lessor for me remainder of the reran of the lease to pay l.eamr avy podark of the rent and foes provided forberer, upon fvlore chase all or eubleseez to pay the same when due. Storage of ahmb dt not belonging , or leased by Lessee, shall be forstmed as a sublease and, unless approved in writing by line Airport Manager, shall be grand ds for tcrminatieanfthu lanae. 11. ANNUAL INSPECTION. Lessor's aircraft shall be in amral or progesslve irupemron and Iicons 0, net more Nan ninety (9 0) days from required date. Upon request of me Airport Manager, Lessee shall famish proof that aircraft has been certified in accordance with FAA criteria all proof of annual hapecdon. J2, RICHT OF ENTRY. Lessor shall hese at all reasonable timox during all hours the full and unrestricted right to error me leased pranises for the purpose of inspection, and for the propose of doing any and all things which itis obligated or Los a right to do under this agreement or by law. 13 SECTURITY. Less" agrees to abide by and cooperate with Lessor is the enf erament and imisouienta6on of applicable smash security regulations and measures as prescribed by the Depsrnmeent of homeland Securits/Trmspbrtshon Searches Administration, and the Cape Guardear Regional Airport IA. TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment merchandise or other personal propany owned or used by Lessee located on the demised premises . Additional' Leme, understands cod agrees that Lessor may be required m provide 'nfmutmiou to federal and state government inquiries regarding Lexsee's properly, known to be stored by Lessee_ 15, NO WAIVER Olt FUTUPE BREACH. The failure oCLccsor or Lessee to all in any one or e strict performance of any of the terms or the conditions affix Lease, or m exercise instances, ay right herein contained, shall not be construed as a future waiver ce a relinquishment of tile provisions or right, but the same shall CouCmac and remain in full force and effect the receipt by Lessor of rent with knowledge of the breach of env Cerin or condition annual shall not be accused a waiver of the breach and no waiver by Lessor of any provision hereof shall be deemed to have been made unless expressed in writing and signed by Lessor. Should Loos at ionic time consent to an assignment of this Force o, to a sublease of whole or any part of the demised paroises, no further assignment and no fuller sublease shall be made without the express consent in wrioing by the Airport Manager. None ofthe terns or conditions of this Lease shall be altered, waived, or modified in any manner except by written instrument executed by both pmtiea. 16, INDF.MO-hRCATION - troll shall indemnify and land hamasss and delay fe Lcsaoq its officers, agents and employees from and second any and all claims, demands. cameg4 loss or liability of any kind or nerve, costs or expenses, iacmding ahemey's fax and witness cn5a which may be.wsated by art person or persons for or on account of ami juries or death or Page 3 of 6 damages to propenty sustained bemuse of or arising out ofsells it, u of Lessee as effects, agents or amployeu provided for herein, whether ornot here is eoncuram active orpass iNa negligence on the pace of the Lessor, but ewluding liabilities duc to the sola negligence or willful mrsondueL of Lessor. Lessor shall not be liable for its failure to perform the Agreement or for goy loss, equals damage to delay of any nature whapocver resulting there born mused by mis Act of God, Circ, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond Lessor's control. 17. LESSIDE'S RIGHT OF TERMN'AIION. Lessee shall have the right to Graduate this lease upon the happening of late or more ofthe fallowing events- A. the permanent abandonment ofthe Airport, wthoe¢eB R 'Ihe lawful assumption by the United States Government or any agency thereof, of the operation, a.ontrol or use ofthe ArpaeL or we substantial For thereof, in such a manner as to substantially mstrim Lessee's use of the premises for a period of happy file (45) days. C. issuance by any Court at competent jurisdiction alone, injunction in any way preventing or restrirtthg the use of the Alrpom, and the remething is farce of such injunction for a pedodafarleastfc -E (45) els, D. Use defauh by Lessor in the performance of any eevenant or agreement herein warned ( be parfnlned by Lessor, end the failma of Lessor ( remedy such default for a period of them (30) days afar receipt from Lessee of writ hallca to randy said default E. Lessee relocates, se S, or th any way loses Oe in to ordered to herein, above. Loren declare simthntion by mitten notice ro Lessor ad any time withth thine may x (30) days after anyof the evens mentioned hl thepence ng u p a graphs (A) through (E) above. In the event Lessee is de1'mqueut in wand papoengs) to faster in aces of aide, (60) draw Lessee understands and agrees Fit Lessor has the right to change the lock on the hanger and hold prop" of the Lusty e until which em total delinquent rental and fee ammums due are paid in mill to the Lessor After snob payment, are received by Iassay, due Lessor shall base until the end of be not business day to provide access of Lessee Leased pengar Space. IS . LESSOR'S RIGRT OF'fF.eNfINATIOTrue lease following events abroad bject to ternmer ion by Lessor upon the happethng of any one or hope o tile e A. Lusty shall be re in, in the payment of rent for a period of firm (30) dews al the time such ply plant shall be duc, B. Lesseeshall inane a general assignment for the herein of creditors, C. Lessee shall file a latest or have died against it an involuntary, petition tin bonilrnmeey, prevised sect petition whether voluntary or involuntary shall not be Ironclad with in fifinen(15)dable Rcritic tiled, D Luscesbadall donthudmnIsed premie¢, E Lessen shall disoentlmic its use of Ne premises for a period of thiny(30) days, exceed for gosh as ended lhehi vvwft repairs, replacement etc er covenants, r normal absence,' aI t F. Lessee +h all dafnult In the per all aela toLese nand evil bound Continue for mnStions required m bo kept and per[or y ce= f mury (30) days altar receive of Written notice period otom Lumr at sort default (£, Lessee 11 violate eery portion of lha I 'apa onAeau Regimml Airport Rules and Page 4 of (I Regulators" in officer at any time during the term Oral lease. (Vote'. financing W Section 18, paragraph A through G, Less se the mobs Of termination provided main by Staten notice to Laver of in late at totem maw, and this less shall terminate ten (10) Jays alter the dare of such nice.) H. I costa eventing tinny lady days Sriucn semination notice from lessor, for any reason, to vacate the Hangar- Additionally, E that termination has been brought about by a acv single tenant, desleing to lease or purchase a large portion or all of the Hangar. Nen USSOBwill agree m allevime LPSSEE Of any rental obligation for the final ninety (90) day period, Ll which time their lean shall Terminate In the event of termination Lessor may take pus.sessicn of the deullsed premises upon the to remaining slate of said formation Default udder this lease shell emu le Lessor to decline all nonlof Ili, errenalsmbe rine mud miss the o same upon and mthe and Lenmrshall takepec adopademand pram s,itmay relitthenameuponsuch humsanddconditi ons he t shall to of the and amg ldefrtie v the cental payments shall he end remain Iso I h4 obligation oY[Fe Lennie. 19. NOTICES. Ane notice or other eommumication to Lemur or Lessee referred W in this lease agreement shall be deemed validly given sm,ed and delivered upon deposit mtheI nfted Slates btail, mgteredand whit proper poOmetmd registration fee prepaid, addressedas follows LFSSOR City Clerk City Hall 401 Independence P.O. Box G❑ Cape Campeau liffiscouri 6702-061 LESSkJ4 Galea Air UC BIB Counts IT,-, 535 Ihmna MO63Fit y0. PAATiU,S BOUND. All OF the terms, emenanrs MJ conditions herein trimmed shall be binding upon and shall minor to the benefit of the parties, their successors, home execution, afirmustmmrs aim designs. pages of IN "'El WIISR6UN, the panics two to have CnnSed this agreement to be aeannd as althe Jay and yew first above wdtted at Cape (iisardeau, MI wart. ATTEST: Gayle L. Conrad Cin Clerk ATI EST: CITY OF CAPE CivAROEAU, MISSOLTC Scott A. Meyer Ciw Manger I ESSEE page 6 of 6 HANGAR LEASE AGREEMENT This Agreement made and entered into this _ —tiny o[ __ by and between the Cit) of Cape Girardeau, Miss a Municipal Conduction, destruction called "Lease[ and Justilo Al�ht hereinafter refi+red in as''Leoee". For and N consideration ofthe mutual covenants, corms and conditions contained herein, the parties agree an follows. I. PREMISES. Lcrsor hereby leases to Lessee the bllasing desmM!prodmty: The fomta Commander Hangar, located at3971John Godwin Alemornal Drive, Cape Girardeau Missouri as Shownn Exhibit A. together wreasonably necessary rights of access across i ith ro Lessor's adjoining arca. "flee aircraft which ism be stared by Deicer brats location is describedac Registration NumberN48NJ Year 1967 Make: BeeehmaR Made] 354333A a addition, Lessee is ayllowad pan (2) airport ohenges with'mtlie sm eterms and conditions of this lease ONLY ifthe aircraft iened under the same name the I.esed. Lessee must abuse the Airport Manager of the follmvas nlg information prior[ airy change In the aheraft m be sloped herein. Aircraft Charge 1: Date Registration Number'. Year: Make: ——_—..—.— Model Aimmfe Cham•e E: Uate: Registrationisumben Year: Make: _ Mosi 2. TEDLV. This Agrecament shall crmmeo oa o and remain in effect for a period of one (1) year. thereafter, this Almermw shallcontimm is serea from month to month, being ainournealle ret after each month unless nicely (90) day wrinen notice is given by either party that gm Agreement should not be entered accept when Leoce i orLoops's Right of Term i m m provides for a different notification lure flares. as entioned m Sections 17 and 18 afthip leave. �. RENTAL. Lessee shall pay Iarson morthly, begin for the first day of cath much, the rental amount ch n as here rafter p n being due and payable on or before the I0h days of - rode] i.naid amount Deal doting the arm of this lease. Leasee ngrua to pay Lesaor One ]lundfed, For[y-Give Dollarsreal no cane [bldSOp) Mon Ili ly. All payments are to he merle at the office of the On, Collector of the City of Cape GlreNeau or at rush oger place as Lesser may direct Ther will be a PG % per monthranee (I8% per year) Page) of6 charged on all past due Ireland. DSF OF THE PREMISES. 'Che Overed Hanear Space hereby leased shall be used only for the storage of aircraft owned or leased by Lessee. Absolutely no somuv o eat e Label mined al , recreational veM1idq boat, ether nn-avimiOI related Items or equipment s permitted r pion oC palmitable use of this lerse in Aa hang Less a sow the rim v /FRO W L II ids l de ate4 'n am Con to _ other re dins provided in the ]case Lessee is prohibited from storing mry fel or petroleum products upon the leased promises, except them mraysmy for minor maintenance.N^ waste or pevakum materials shall be spilled or in any way on[aminate the Airport Poll Or property adjacent o the Audi through adivitlu ofdm proses. fhe Lasted duallM responsible far cleanup, containment . and zbntemers Of such spill or station at Lessee'e sato con and expense. (ounce, Lessee shall inundator I'li the occurrence an Should the Lemc Airport Manege T les on rmpriake any leand a� apo no a action in the Letral's stead. fit to do guts memerianumeanteteeebane l ev e Pm cost of such remadiol amion by Na Lessor shall he paid by the teepeee. maintenance of the stared aircraft shall be conducted in me Leased Hangar Space, except such mom rvm[1 w without the benefit of arevivmnmec as woWd normally be parfo®ed by an al ° r satellite will be minorall maintenance mechanic. Lessee Art( ut [Fees that nece� approvaitorcial l net Airyon Manager. manducud on Lessrtp Pare'"es o Controls o 1 o s¢ II imd to airomfi tenial, chimer, lam ^, flight instruction, msiderance, Lhiv meldee, but is not m eshall not me or permit rhe use shall or are portion of the and aerial snsp,posaygrapfip. Losse - without the ons of lensed promises In any other mmmer than boon get forth, Prior wntten c esti Leuor a d tee for all cu and Gha nes for minty se ices unrelated 4. pl'ILIf1Eg. less rsbell assume n p, vpartofl.es enc Lessorreeesseatherigat[olimit the nae of utilities should Li use If utilities become trey" vee 3. CUSTODIAL SFRNICF.S. Leasco agrees to provide [ha necessary maintain t equipment and buys to provide all necessary janitorial and CoseftW services, vnd to ma Comthe premises in r clean, safe, erectly vnd probes) condition. Lessee shall provide a omplua and proper management for the adequate sami[ary headline and disposal or all trash and other refute tamed by its operations under this lease ( and ticbmse Lee a ileaivmin a. MAINTENANCE ANll RIII'AIR. Lasses doll fiicFits condalosn shall at all times Im bm'd on a the demo d rental area in first dao condition, w coop aasovablO u and ¢ter a ceptd. standard of vara ruFlec[ing pmdau[ PnuPc''N' of thclemed Ilmgar Space. acks ingdoon and Lc=- will maintain the mmannl conventions door inammons. cnemis and liable rant message to the Leased Hanger Space caused by Lessee shall be resp bent call damage m unsealed Las including notlimtmd w, ben e s en oii used tot Operations. mm0 flours due to fuel, oil spillage, creep damaged due to lessee '+^F''^P 5, RiGledi AND RGIORSS. I cost scall provide a right at mgw'e and ego's to fe deniscd prv+Wma for the I esaaa. its (i ehei and ,e„n[s- G. AL'fellelf[ONS AND IMPROVEMF.NBS. Leeme shall make urs ahcrztlrty ndditiun; Page of 6 reply es lognormalimp rev ants upon the lease main witbout me priorvduan entered of the Airport hal. Suchen ant shall not he withheld without reasonable c All alterations, 'Abacus. repairs. National lead ingrumemen6 shall be, and pill r n me property at Lessor s id will be surrendered with the hared premises as pan [hersof upon whounadnn o[mla Lease Agreement 9. ASSIGNMENT AND SUBLEASE. Leseec shall not andear or eableasc this Leased Hangar Space siirred me express endear ear approval ofmc Alryon Manager. In the event that T.usco does melee w+inch approval to assign n lea subse this Leasean Leased Ranged Space, the Lesser shall remain liable to par tris rte the rein upon r of Me wmh of Ate lease to pay Lessor any portion of file rem mtl fees f ramie for r belonging ging to, ore athe assignee or shall h ace to pay the same when due. Storage ofcarriednap belonuihe m, ort Man er Losses, b shall ds cornutedat w sublease anl. unless approved m writing M the Airport Manager, sfiall be grogudf for tavninapion oF[M1is leave A. ANNILAL INSPECTION. Leaeees moral shall bo in annual or processor Inspection and license, not more than ninety (90) days from required &to. Ifpon roquest brads Airport Managed Lessee shall finmuh proof that gimme has been certified in accordance with FAA criteria and/or proof of annual inspection, 9. RIGRT OF ENTRY. Lessor shall have at all reasonable times darivg all hours. me full and reshrigmd right to enter the leaved premirw for me purpose of impcetion, and for the purpose of doing pay and all things which if is abducted or has a right to do under this agreement or by his 10. SECURITY. Lessee ab to abide by and cooperate with lessor in the enforcement and implementation of applicable slipped accurate regulations add mail as prescribed by the hv Departcnt of Homeland Security Transportation Simply, Amlhinmthim and the Gpe Girardeau Regional Airport 11. TAXES. Leasee shall pay all prenatal property taxes which may be assessed against equipment mhnNise or other personal property, pored or used by T essee located on me don sail premh - Additionally. Lessee under ands and agrees that lessor may be required to provide information to federal and state gov went innora pending I es.,ee's propm ary known be armed by Lessee. 12. NO WAIVER OF FUTURE BREACI1. The flitter of Lessor or lessee of night, or any one or aim performance of any of the tones or the we l Ions of this Lase, or to nitre increases, any riht herein contained. shall not he compiled as a enure amser or a mlwgnishment ofthe era right, but me same shall continue and remain in full fon and effect. The call by Lear of har, wait knowledge of the breach of any temp orcon elated hereof, shall not he deemed a waiver of the merely and nes waiver by lessor of any ill sign hereof shall be dormed to have your rade unless expmacd In writing ahtd signed by Lessor. SM1qultl Lessor at consent time ton assiyament of this Laurie or a sublease of Wpot of whole or my pof [he dnoi sed prem o Union assignment add no further sublease shall be made "allose the express writing by the Alryon _Manager. None oEtho helps or conditions ofthis Lease hod be altered, waived, or mall red in rammer except by women instrument executed by both panics. 16. INDEMNIFICA'ITON _ lowcoc shell indemnify and Ladd hanNea and defend the Livros its officers, agents and employees from and against any and all merger, domands, dvmege, lass or liability of any kind or eaters cans ler cap .... as Including primary's fees and witness coats wlr ch may be asserted by any person ler persons fa or on account of an)income or death or ?'Re ifit 0 damages to property sustained bccaria of or arising and of carry IIlet of Lessee.'to 'IC6OF3 agents employees provided for herein_ whether not there is aoncanem,III" or pus mdgenue on the part of the I.esmS but excluding liabilities due to the sale negriganec or willful mlmonduat e Mahle for its failure to perform the Amount or for any lase, of Lessor. Lessor shall not F m %CL of iyun, damage delayof carsnature %[II resulting there firm eoto any l ere mood, accident r0fled,Inbor dispuite, rim, meurootioq r rmee cause be,tra Lessor s control. ❑. LESSEE'S RIGHT OF TERshrol TION. i twoe shall Mee the right to terminate Nis lege upon the happening of one or more of the following evcmn A. Thepermanent abandonment ofthessitpoM1 thorivod vgeney g, The lawful assumption by the United SGovernment Govemens n m any n thereof, of the operator, cannot or use of the Airport, or nay Substantial Pmt ihamo[in such a maturer IN he subsmnlially restrict Lesoce's use of the prearrites for a period Of forty-five fit days. jurisdiction of or ung Nc use of The pee t v containing amilunation in any way premnting C. ec ry any Court of competent I and the in frac of such injun eon for a period of at leave forty five (45) days, D. The default by Lessor in the performance of any covenant m agreement herein a Period to he tbyLessor , andthe falure of Lessor m mmeY such do�Ar @napariod ofthlrty� 0) days after receipt been Leisae of oonfon notice to mmady said deficit. E Lessee relocates, Sold.. or i ay loses the encmii refined to herein. aboveI cases mad . se the right of termination by valued notice to Lessor at any, time within tell (10) days oder an, of the nenti reanimated In due preceding subpangrdphs (A) through (E) brave. So The see of m Trend ent(s) to Lessor in excns of snow (R) dhW shoot 1<z is defer flat Lessor has the right m change the lock on the hangar o Lome y of shooter Lessee s and na nt rental and fee tun nts duo re paid in pmperry 0f Ne Ae til which stet are delinquent este Lessor M are v til 0e end ore the next Aller each payments a of ood by Les a end ollhc next business day to prUvidcacwss of Lessee's Lensed Hanger Space. 18. LFS5OR'S RIGHT OF TERMINA'ITON His Joe.. shall be subject to temrination by Lessor upon Ne happening of any one or mono following A. Lessee Shall bo In mruars in be payment of ,it for a period of thirty (10) daY9 aderfile ti me such payment shall be due, soft the benefit nl rmdimrs, IS. knee s1ta11 mukc eKmlu ltd ",�m nst i voWvmry. safitiov In O. Lessee Shall Glc a v er n haat filed agai r mvolu tory Shall not be badaupicy. provided'Lich petition naedrer vuldrale 0 dismismd within fithen (IS) Joy's after it is bled, D lessee shall abandon the dichoolf Nemlrcq, mfor aperlMofthim p0)ds "credo for p. Shall rseemouch us an -o pea¢ noel absence, such os en extended Fllgh6elamH repairs, replacaneno, wcr covenants, eren an' and T. Lessee shall default in fele padmmanre of any ufL the nN�d s ah default teatime far a vnStlnm required robe kwI anJ paff wn lOrin ien notice Lcepor of said deficit, period o[ hi Y(3 aC rteoeiptu glnna shall vialxte of the "Lipo GhardWu Its 1 Airport Mules end G. I esw vnY portico page 4 of 6 AmerimionsIinoffset at any time dudvg rho tart of this lease. (Note'. 1'armming to Section 18, parayaph .A through G,Les. settee right Of n ten nation provided hewn by smitten nmicC to Loner of its intention to terminate, and this leas shall terminate ten(10) days after the date of such armee.) H_ Lasses receiving nIran (90) days wriondar nomination notice been Lessor, for any reason to Cate the Hangar. Additiorully, if that admiration has been brought about by a new single hander, droving to lease or pumAam a large pmram or all of idea Hangar, then LESSOR will agree to alleviate LESSEE of any broad obligation for the fiat vinery (90) day period, at which time their lease shall tumidgme N the event of termination Lessor rare - area dos of the demised poen figs upon the restive date of said or solids 10 Default paarthu lase shell entitle tic demo declare an remain Ing ssivef diearrenrelsra be due and wihlth bi onto upon and inticevent Letsmshall take shall app oa dem sed practices, It may in one sdme uponsuchrearbe and andconditionsremain as the shall deaf the Lconete,nand any ndcficiw , by the renml payments shall be and rammn [ha obligation of tiro Lassce. 19. NOTICES. Any notice or other communication to lessor or Lasses refane l to In this lease agreement shall he deemed validly given, served and delivered upon deposit in rhe Laked States Mail, registered and with proper PWn ee and registration fee prepaid, addmased as follower LESSOR- Clry Clok Cita Hall 401 Independence P. O. Box 610 Cape Denuders, Missomi 63902-0617 LESSEE Justin Albright 1965 Longview Da Cape GimNeau, MO 63701 30, PARTIES BOUND. All of the terms, wvcu nts and gondiuons herein contained shall he binding upon and shall aided to iho benefit of the partes, their amvesmrs, 6Luq oe administrator and assist,. ew ua Page 5 of I N\gmS5 N MI EOR, the parties here to tr.c caused chs iu6 cement to be executed as of the day and year first above written at Gape Cirmdeuta Mlssoun. ATTEST. Gayle L Conrad City Clerk ATTEST: CITY OF CAPE OPAROEAU, MIS So bTF Scott A,Meycr clryMavager LESSEE 1 m Ibn/1 puae 6 of 6 HANGAR LEASE AGREEMENT This Also menI made v:d entered into thisv of , by and hewm tn the Cllr of a, Cape ire Missouri, Municipal Coryorvtionh heminafmr culled"Lector' and SkLt81L�hedonismn otter m as s hxnfivr rehrzed °Lesxe'. For and in consideration of the mamol eovenenhs, terns and conditions contained no, can, the panics agree as foliowi L PkN:111I5S9. Lessor hereby ictuses to LnsswYhe following dredhed propevyt flee £comer Conunander Hargan Ioeafed at 2991 J,M Codwe Nlemonvl Drire, (apc Girardeau Miss short m E hibt A, together color reasonably n « rights of access across Lwmr's :b adjowvg urea. The aircraft which Is to be Stored by LCesee at ih I location is described as: Registration Nobel. C2902P _Year 1979 M1take: Piper star 1'A-28-181 Li addition, Lessen is allowed two (2) Ill dmngs cfhrin the same arms and conditions of this lease 0$. Y ifiles trand paper the same more as the I.sesee_ Lessee must advise ,he Airport M1lznager chase fallowing undarmat m prior to any change in the aircraft to be Blared heron. Aircraft Chance 1: Date: KegiatratiisNumber ',Or. ashfalo \leder. Aircraft(flat 2: Dare: Reaearadon Suraber Year bake Model 2 'I'Ef li The AgreementeOd II commence _ and c e[[ t for a nod Ofo e 1 en ant shnll cortin reflect from mrzh to antis be n O N IImpoa taafivrcaih morcm afn btlnj amonaa5cvltp rent.¢d after cash nM umes tmely (90) day writer notice to given by either parry that the Agaenrwt should not be ones ad ez rynvhon I orLessor 'a Right of I carammillon prmidcz for a different wdiceuon time Gump as a entionad in S.rtmm 17 and 18 ,if this least 1 REN fAL. LeYYce shell pay Lessor monthly, beginhmg the fit St day of than lini the ienml and art az hereinafter providrmo ed, .mid rnl Same lone and payable on or be@re the I Itth dvy of arch month during the Rene of las Inose. I cacti arracs to pay Leaser Ona I III ad, M nYPivo Dolton. and no unt,(a l ai.plpmomh ly.o All payments are to be made a'the office of the City Collector of the Lifts of Cape Girrndear, or at Such after place as Leaser may loin'. There path be a I'/z % per month lntaas (I8% per year) Page 1 of(, charged on all past dim accounts. 1. USE OF THE PRE OESES. lite Leased Hangar Space hushe leased shall he used only for the storage of aircraft O sed or larded by lessee. Absolnmly no Storage of any rype aummobils, recreational vehicle, boar. other mea Nt 's pareauttd a t Itd'em centennial s P ubl f•h-1" th hang L vs l right to am Ase Proysmnaf .lama: PRG xrtmes3 aft it J. ea Ida t sen., rcmm e, prvvu_ded in misiease. Lessee Is Prohibited then, scoring aot fad or harmonic products upon the leased psamt1 is. except those receptors for minor mainmrnnce, No rose or paturf am materials shall he spilled or many wary contaminate Cal Airport furious ni protests adjacent no she Airport through activities of the Lessee. The Lessee shall his responsible for cleanup, eo pro men; and abatement of sad] spall or antamivanof at Lessee's sole cost and expcive,Further, Lessee shall immeipatiovnrtify the e Airport Mango and appmpnam govemmenml amend of such aft xemrcaoefild ShouldmeLessee Ih to cast of the reossor naedi alas tion by she Lc et shalonable l he Paid bytthecLessee. letter'sto the call vac No maintenance of the smash aircraft shall be conducted in theLeasW hangar Space, except Stich nimm�i as would namuslly he performed by an aircraft acres Sk hissm the direct of mind m Lessee farther ogees that n co matelot Stomion acnvitms mill be all cruIl ,tertian express "rinse al of the Airport tMavaecr_ conducted on lessor's Paumtscs occom We s n nppnal'th mawGion, maintatance, 'Phis mcludos, but is not limited to n@uraA rental cluster, l®an tFe k of all or env portion of the and aerial Survey Iw'see shall not use or pe r written consent of loaded deal in any other manner than harem see fortis without ate prix Talent Coastand come for anise services mora d 3. LTILITIES, lessar shall assume and for for all _ u pmt Of Lessee's rent. Lessor reserves the tight to IimitMe use of arthics.hould Lessee's use as of utilities become excessive t and C1ISTORL4L SERNICES. Lessee agrees to provide the neceas:m Forecasts, equipment labor to Provide all necessary ]anitodal andomumI all cost Shall and provide a 'u'ill he promises in a mplete an Proper catch saf, oraeay.ambientnsnAsamrya6oh. ud n� andcost of ll path and other mase carder connotation for the be it Operations under this lease to cost d mandate 4, MAINm EssAemd area bid class wave Shawhill at it surchiys shall at all to leads ed orl a the id standard of care associated product property mmmgemmt, reasonable w and mm a CeNand ants of the Leased Enron Space, including duo Les cal mavllnin me sic.„mal.etnrnn door mechufiams. em no i. cased l hales Space caused by Lessee shall be responsible and liable for any damay _roken dam. sew nnenled Les use including, burnothms daled �gddbunt r to Laaee,bI coplanarir negligent afternoon's snorsedue to Pel. Oil SPillvga door orae use rase to the denuded s- Lacs, 45 ASS ESS. LB`+or shall provide a right of imigre and og premiers for the Lessee, its affect$ emPloyme and agmu o 6- ALTERATIOM1S ANIS TOPROW�'N�fS' Lmsae Thal mvkc n nhaetio�u', additions, page 2of 6 opens replacements, or impro imp upon the lose prem without the prix written consent of the Airport Mat Such �consent shall not be withheld without reasonable ca All altemtiens, adagio reports, replacement, mid immpr'iamets shall be. and will remain the properly of Lessor and will be surrendered with the leased premises as paft thereof upon lamination of this Lease Agreement. 7. ASSIGNNIF.NT AND SUBLEASE. Lessee shall not assign or sublease this Leased I [angst Space without the expire sapproval of the partial Manager In the evegitdoo Lsaas does receive singular approval to assign or sublease this Leased Hanger Space, the Lessee shall remain liable to Lessor far the remainder of the tern of the (case to pay Lessor any portion of IM1 Me and fees provided for hirers epos failure of the connotesu"ussee to has the same what due. Smraee of human not trilingual; giyg o to. or leamd by Lcssrshall be registered an a sublease and, unless approved in writing by the Airport Manager, shall be grounds for lamination ofthie ]ease. 8. ANNUAL INSPECTION. Lessee's vnetufl shall be in annual or prearessrve Inspection and license. note re than ninety(90) days from required date. Upon request of the Airport Manager, I wage shall fares acof that airrafi haw been cemfied in accordance with IA.A criteria sulfur proof of mutual inspection 9. RICHT OF FN'IRV. Lessor shall have at all reasonable times during all hours, the full and unrestricted rights enterMe leased premises for the overseas of inspal and for she purpose of doing any and all things which it is obligated or has a right to do under this movement or by lax_ III. SECURITY. Lesee agrees to abide by and Sampling with Latour as the enforcement and implementation of applicable airport regulations and m y l s prewd by tine mel Department of Hoand Souriry?ransportatiun Steari s Administration, and the Cape Girardeau dealing! Airport. 11, Tnuai Lessee shall say all personal property taxes which may he assessed against equipmenp achandiseother ersonal property owned o used by leases located on One demised premises. Addiptionally, Lessee undmaznds and agrees that Lessor may be required to provide ficurnamon to poorest and state government Inquia regarding Isaac's prapurce known to be stood by Lessee 12. NO N.AIS'F.R OF FTITURE BREACH. no failure of Lessor or Lessee to most ba env aur or incorrect, on a strict performance of any of the terms or Me conditions of this fames, or to exercise right herein con 'road, shall not be conatrded an a furore waiver or a rel nourishment of the sprov right, bill the same shall eonfmuc and remain in full form and effect The Lessor or existse a waveref4withreach andcofihebreads Lessor termor condition hereof: shall not he dionolmlto a waiver of inade breach and no e waive by =it signed ne day proLessor on herrohound effiqlsso be dames W havesena been mace unless expof ressed Lease ior to =it sublease seo by Lessor_ should Lessor at somm ed pre senator to maulers assignment and10 buffer for sublease hall be Tur any pan of the ho dem sed prem it further the Airport and no tombs sublease shall gid mode without Ise share ting r lbs Airport Manager. None of nor or Instrument man of Learn both[ beaul[ered,nwmvud, or modified in any manna except M1y written inammenl exewteJ by both pMica. 16, INT EMNIFIC'ATION - Lessee shall indemnify and hold harmless and defend the Lessee its officers, agents and employees from red age mtany and all claims, denim& damage loss or habilfry of any kind of results, costs or u.reuses. inaluding memo's Res and ofirwas costs which mars y be asserted by any peon or oceans for or on account stony efunesor death or damages top] operty sustained reactor at or trivial; out of indicates Oft lose a, its offices, nganls ml pica for hes n, whether or not there is Occurrent active or pasllful ingl'geire dud ra paroap but excluding heap hi es due to the sole negligenceoro on on the port atthe Losses, Agreement loss of Las damage or shall not be Mahle for ns ('lure m modern from caused by my stern f GmL mjurg damage idem,delay akes labor obnature spute, r er `u'hutlt r of oWa cause beyond n , flood, accident, se;ka, me airnme, dot, ie. insurrection, w , I.cssoiscontrol . IZ LESSEWS HIGIIT Of tBtiMINA1ION. Oo11 I msEesrn[ll have the fight m term inote tris lease upon the happening A, The parliament abandonment of the Airportauthorized agwc}' Ill me lawful assumption M the Gaited Slmcs CIOam m any of, Or thereof, of me opamtion, control or use of the Avpor5 or Ot si�bsrantivlf rrtat�nod of such a as m subslmrtially re» rim Lase,, fix n as forty-five ;45msdnrourt of competent oals f my Mome tum In any one factoring C- lour' ce b find the l a mlag in form Of such injtmclian for a or rcalncnng tine use of the Ansel Period of at Iono to, fire (45) duYs, [ herein mquireJ U The dafmdt by III in One performance of any violations or agreement to be performed by Lessor, and the fillufe of Lessor In comedy such default fir a parvo - d s after receipt from Lee," Of wttnen notice to rerrady said default. ofthie rokcuss re, maraft referred m heresy of 14 I,sss plo ,sulk, or In any way lases the ' se lie fight of tmmiddimi ay wmtat notice to Lessor at any time within thirty (30) a ax en¢ co oned in the preceding >ubPatngrepha (A) tlOmuah (ti) p0) days after antY u[ the ew ant nhovc ao days, Or tine event lose 1i delinquent m rental Payments) to Lessor m cuass of sSxtY and Hold spar Lassos has the right m change the lock en the hmga Lessire understands and ante n ¢vial and fro amounts clue me paid in Property of the ].esxe until which time ental ate 4mact by Lessca, the Lasser shall have until the hi0 m the Lmsor. After such payments a rcoflessee a I eueA Oregon Space. end of tile next business fiat to prm scMz. 18- LESSl1R`S RIGHT OF TF"JINATION. To ns havelowing e11,11, vents'uhJeu to termination M Laser upon the hnppaNnB Of any ova or mos n A, Lesme shall he in mrearc in The payment Of rent for a period ni shiny (30) dens after the time quell paymcm shall be due., B, les era a shall make a genl at nO fur �haAbenefitnoTmedim voluntary, petition in C, Lass. shall foe a vcllin ary, r have agai �nrolun slnll'Illbo blmho y p eviacd such psa whether mlonm or or dismis'dwithin iticcalls) d1auRa, itis had, anfr p, lusl shall abandon I a danicep premI S. for a PG led ofthirty (30) days, except S, I.es e shall dtsecuhnv its 1ususe eft i prams es s re I cemcnt-etc Orion,l b.- F a, d I firyn[ 'r of P P ,no t id I,. L..v haat 1 mop [ t r I n [h fro dbYL dearthdefault.ti Dodi( 9'ea to bake dp rtef. ddefant. Less of Odrtyola)da,, afiv ecce'➢t of wr Han nave t factor Regional rpmO G Luctte shall violate airy portion of ilia "C pe CrmAenu Ra 1 Ai Roles and Page 4 of 6 Rest Iatlon." in cfien m any time during me term of Wla lease. (-Nate'. Parallel to Section 19, paragraph A through O. Lessor may exercise the right of termination provided herein by written notice to losses of its intention to terminate, and this lens shall terminate ren (10) days after the data of our notice I 11. Lines, liters'mg ninety (90) days weran «tmination notice from Lessor, far m action. m vacs e me Harmer Adiilmarily, if that nation has been brought about by anew single trona, desiring to levee or purchase termination at portion or all of the Amigos, then USSOR will agree to allmiate I. PSSEE of dry rental obligation for the final rarely (90) day peril at which time their lease shall mrintmmc In die event of temmination Lessor may tat possession of the demised promises upon Ilse effective date of said annarmauor LA-mult under flux cease shall entitle Leabli to declare all remaining installment materials to mean and payable immediately, and or innocent Lcasorshall take mpons n oCthe demised prem may reset the anchormen such moms mid conditions as it all dechm Appropriate, and any meflareftev in the rental payments shall be and remain the obligation ofthe Lesson . 19. FOTICFS. Any mose or other Inmmunionale to I.eamr or I , reterPay m In this lease em shall be deemed lidly given, scored and delivered upon nepodrin the moved States Mail, varegistered and wish proper manage and retaliation fee prepaid. addressed as follows LLSSOR. City Clerk City l sail 401 Independence P.O. Box fit Cape Grant Missouri 63702-0617 LCSSIB Sky Angel LLC. Ana'. lane Peng 343 Graphite In, Cape Grzarceau, MO 63701 20. PART1113 ROUND. All of die teems, Comments and Conditious herein contained shall be making pan and shad Inn e m die bancfitmof the perish their suca..xmrs, maim, ex admknmrnxes and aaa ec ors Pages of IN MTTNFSS W@SRECF. the parties htto m haae caused this agement to he executed" of the duy imd year first above wdlluu ut Cape Glrardeau, Missouri. AMST: Gayle L.Cmvad City Clerk ATIESI': CITY of CME GIRARDleAII, MISSOCki ACity Manager LESSEE Aq SAhel Sky Angel LI.G� Page 6 o16 HANGAR LEASE AGREEMENT Agreement 6 p A t madc and entered into this _ day of y and between rho City of Cape Gvmdeeq NGssoue, a Municipal Ceryomiloq haaiwRer wiled LesoP' and 1eck�i'Aisswn� howinNterieftned to as'Lessee". for mid inw nsideration efthe mutual covenants,[eats and conditions contained herein, die Parties sorre as follows yREffiISE9. Lessor hereby leases to Lessee the following daaibed property, I he former Commander Hangar, located at 3911 John Codwiu Memorial Mia of awe ass pe Autos Missouri, as shown in Exhibit A. together with reasonably necessary ng cross Lessor's adjoining area The aircraft which is w be stored by Lessee at this location is described as Regrompar Number, 23191 Year 1968 Make: Cessna _ Model 150H In addition, Lase is allowed two (2) aGcmft ehnnges within Hie sone tetma end conditions of this lease OM.Y if the almraft is owned ander the agreenems as the Lessee ].es net advise the Ahpon Manager of the following information pear m any change to the almond to be stored harem. Aircraft Chaau^e 1: Pate Registration Number _year: motorModeP. A'rcraft Changeil: Dam: registration Number. — _ Year. — Make Model- _ — LERM. This Agma em shall commence on _ and remain in effect for a period of one (1) yearThereafter, this Agreemaa shall wntinue in otic¢ fiom month to mouth, being amomneeally rerrewed after each mouth unless nicety (90) day source notice is gaen by either party that the Agreement should not be rami accept whanLessee 'a or Lessor's Eight of Tersurnation forLow for a (Terenl notination time fri as mentioned In SATiona P and 18 of this lease. 3. ItE.NYAL. Lessee shall pay Lower monthly, beginning the first day of each mento the rental cunt as hereinafter provided, said amount being due and payable on or berme Ne 10th day of each month (lag Lag the teen of Ibis lease Lessee agrees to pay Lessor Ono Hundred, Forty -Five Dollars and no amts (F145.00) monthly. All payments are to be made at the office of the City Collemor of the City ofLaw Girardeau orat such other place asLessor any direct (note will be a I'd so per month Interest 1f% Pw Year) Page 1 of 6 charged on all past duo account. USE OF TIE: PRENHSE n The Leased Turner Space hereby lived shall be used only for the Absolutely o storage of ally t automobile, Frage of aircraft armed orleasedby Lessee. on related items or Ntipmevt is permitted as recreational vebmlc, boas mina` to se the E<ovieion of permutable use of this lease in the hangar- 1aso:_e�°e— vrmuta le u - es m the Lessee iL this ole t iolated in Q t1t� v�°ft!m remedies Q mad n isle_a._ LeaFee is prohibited iam scoring any fuel or petroleum products upon me leased promises, concept those necessary for runs, mralnaaara, No w ae orporstmavo the Aitpod shaln modearlds shall be replied or i'Itn the any Ivey contaminate the ALTO rt premises or prrperryajacem d abatement of such split or Lessee The Lessee shall be resp rialile for cleanup, conmitwrn5 an conmmivavirn atLessee 'a sole cost and expense. Ttutheq Lasace shall immodiamly notify the Aupon Nauagar end Eppropnem grvarmnentsl aganry ofmch an eccutrcna. Should the leasee fel w door, rte Lessor maytake any reasonable and upproprinm nation led the Lessee's deed. The cost of such remedial action by the lessor shall be paid by the Lessee No maintenance or the stored Except shall be contract m the Leased Hangar Space, Except such t�thout the benefit of aft mcclu ` Lred Lessee furtlly herbaCe� that ernad bo ns aircraftLao�eation a 6vtties will be w minormaintenance mcchan� ao vidsom the express erinw approval of We Airpaft Manager. conducted int Lessors premses s 'thisincludes,butsdephotedmaucraftmarditcharter'=I itth mg thghtall or mrantion of the ea shall not use or perminhe tuc of all or dry portion onhe and aerial surveyin my ygother Less .that the prior wr'tten consent of leased premises m anY other mower Than heron set &nn, nit Lessor. CTI ICT1ES. I color shall assume End pay for all costs and charges for utility encores fitmishad assert ofi.scoop's rem.fessor reserves thetight to limit fee wa of utilities should Lseem use ofour litips become excessive 6. CIE TODIAL SERVICES. I room °gees to possible the necessary materials, equipment and labor m provide loll necessxry]onitsial and custodia service„ and m maintain the premises in a clean, safe, orderly, and sen imry condition Lessee shall provide a mmhe r and paused arrangement foe the and sanitary handling and hotesa of EII Lash and otM1otherinfers paused rt by it specimen under this losaw and NI.4fNITSAN CC AND l2EPAlA. Lessee shell At as solecost and expense, at all timespbe basad own a h d ed rental e tint elms condition e year and tr-.opted standard of carereflectingp dent p ptransferredT bit Lessor maimmiu the stmmmal wmpenens of the leas d H o Sp incl 1 g doors and door mechanism. Lessee shall be 'responsible and hours for any damage to the Leased Hangar Space caused by Lessee's use including, but not Ilmimd m, bent or broken interior walls, damage to unsealed floors due to fuel, oil spillage, doors damaged due to Lessee's improper or negligent operations. g_ C lobad S AND ECAESS. Lessor shall provide o light of iagru5 and epees to the demised promises forthe passed its °Sheers, employees an age nR. . ALT MINIONS AND Irv]pROVENIENTS. Lessor shell make tin ahemtimc, addlfions, 9 Pass of repair. replacements or bnprovements upon the lease premises without he prior waren consent of the Airport Manager. Such consent shall not be withheld without reasonable ea All cltnratiods, additions repairs replacements, and improvements shall be, and will remain the property of Lessor and will be summoned with the lensed premises to pact thereof upon terminotion at this Lease Agro mint. 10. ASSfGNNERT AND SUBLEASE. Lessee .shall not sailed for sublease this Leased I lunger Space without the express written approval of the Airport ivlanagm. In the event that Lessee does receive written approval to assign or sublease this named flinger Space, the Lessee shall remain pay liable ndlfees Lessorled forbellupon failer or ure of the ase man of signee er nab -lustre top anyportion saame when dme uel pfwric - srrYt Storage of asmmft not belonging it M or Iscd by Lessee, shoo d formed as sublease and. unless approved la writing by Lie Airport -Manager, shall be grounds for termnntiod ofthis lease. 11. ANNUAL UsSFECTION. Lensec's aircraft shall be in normal or pro¢essfve inspection and license, nm more than ninety (90) drys from aquired date Upon request of Airport Manager, Lessee shall fiimish proof &U ahmrah No been cattured in accordance with PAA criteria uM/or proofof annual inspection. 12. RIGHT OF ENTRY. Lasser shall haw at all honorable times during all hours, the full and unmiso-icted right to onterthe leased promises for the purpose of inspection, and for the purpose of doing any add all thapia which itis obligated or has a right m do under this agcemmr or by law_ cement 13. SECLIITTY. Losoce f applicable mus tairporrteoc urity regulations and measures usand cooperate with Lessor in eprescribed by sthe he Dep eman a ter o and the Ca Depaagon of Homeland Sewtiry?rmsportanon Security Administration, pe Girardeau Regional Airport. 14. TAXES. Lessee Tell pay ell personal pool taus which may be obsessed against equipment, merchandise or other personal property owned or used by Lessee located on the demised premises. Additionally, Lessee rnderstards and ayees that Lessor may be required to provide information to Rdeml and state government inquiries regarding Lessee's property known to be stored by Lessee 15. NO WAIVER OF FLTGRE BREACH. Tic halms of Lessor or Lessee to latish in any one or ore instances on a said performance of my of terms the tes or the conditions of des Lease, or to clamom sany right herein contained, shall not be minstraed as a tarn waiver or a rethrquishi m it of die pr ivom or right, but the same shall continua and remain in full force and effect, the receipt by Lessor of rent, with krorsudger of the breach of any term or condition deaof shall net be decmed a waiver of the branch and no waiver by Lessor of any torsion, hereof mall be od by LQAr dame time conteto base nt to an ood made unless expressedh s. ase oin r to sublease of the whole or anW Lessor set assignment o any pare of demised premises, eco further assignment and no further sublease shall be made without the ybas consent in writing by the Airport Manager. None of the terms or conditions of this Lease shall be altered, waived, or modifiod in my dimmer except by written asmrment exemned by bothpolicy 16. INDEMNUIN MON - Lesser shall indemnify and hold traders sad defend the Lesson, its officers, turns and employxes from and against my and all claims demands damage. loss or liability of any kind or radius soda or expenses, includ'mg nttomcy's fees and witness costs which may be asserted N any person or par ons for or on account of any injuries or Smith or pons 3 of 6 damages to property set wlned because for arising out Of'actieities Of Lrssee its officers, agents employees provided for herein whether or Mere Is concurrent active or passive negligencor e on the part afMC LC9 or but excluding liabilities butte Me sole negligence be reeMent or To my less' of l.es o . favor shall not be liable for its failure to perform d Ag<eemcu s f ses vacate whatsoever resulting Mee Lout caused by any Act of God, injury Hoed, accidenSor �rike, labor dispute, riot, iusumcmion, Wear or any Its came beyond Lessor's correct. 19- EskstedLIS RIGH OF j IF F�r-4ore M Ofollowing owell Sava Me right to tenninam this lege Me bantering ppeniv A , leo Computer abandonmeat of the Airport, ber,orm or any authorized games H. GOvc The hawful stonerrson M N United otthoStateCA ryrar5 or ne, Conventual part thereof m Mato! of operation, cone _ �s such n ' to�osubstantiaPy evnm Lessee's use of the Pan as bar a Peood of forty-five (45)days. evting v Court o£compe crujunsdicGrm of arty {�unrlfonin anY way Pre n for C. produce d the remaining in Come of such inJwom reeriGmg the Ise of the kubscur, rat Conrad club leas forty-fiw(45)(lays covenant or agreement herein required D- The default by Lessor in Me Pe rfovnmce of of so to remMy such default lira period to be Performed by LvCon, and the fortune ofMirty(30) days after enter[ base lowerese of w Inner notice et a heals abasu®tilt. 11. Lessee relocates, sells, or in any way Jesus Me mmrert acquirwn Lessee may exaraie the right of tnmlmtion by wri rea notice to Lessor it my Inner w'bind thirty (30) days after any of the events meM mentioned in e preceding sub,,, (Are ) Lemon fE) above. In are event Lessee is delinquent in rental even,at(s) to Lassa in lock on he simii (60) days. Lessee understands and agreesMflt Lessor hes the Light to ehaose the lock oti Me hmem and hold property of the Losses until which rima used whicaleb Litts, a Me e a Lessor bents (he es Until paid in fell to Me Lessor. After such pflymce s ere received y end ofrhe neer bus{naw day to Provide access ofl.esset's hawed Hanger Space. IS LESSOR'S RIGIFF OF'LFBWNATION. Has up,ing start be subject to termination by lessor upon elm happening of any one or more o A Lessee shall be in Create th Mt Levinson of rant for a period of binary (30) days w or the time such Payment shall be due, R. Lessee shall make a general assignment for Mt benefit of aadimrs voluntary, portion in C. Lessee shell file x wlunrary, or bra's filed aruina it an bankruprry, Featured such petition whether volwtery or involuntary shall not bo dismissed svitem fifteen (aa) days after it is Fled, D. lessee shall abandon the skirted postmark, f Mir9,(10) days, except for E, Lessee shall ciseontn'Q its ran of the premm-es for a To I mal absence such as on exceeded flight, metra freymn,cr ars inetylp oto. tend F, Less" diti mall 9u'uaed mnbthe lostimpt scrou macepaphof cars 0 c rs Lessee Red ones default continue for a acrid of fork (30) days after eceiLr Ofwtih an noticede mLesorof Air default C. Lessee cash trokbe me portion of the :apo Girardam Ragaoval Airport Axles end page 4 of 6 Regulations' in effect at my tine during the term of LES lease_ (Nola pemaining to Suchen 18, paragraph Alhmugia G, hereof may exercise the right of Immigration provided herein by written rob ccto Lessee of fib intent Lon it hu mato, and this leas shall terminate ten (10) days after the dine of such notice) II. Leasee receiving ninety (90) days armen term in other mea --form Lesson for my an com to vacate the Hangar. Additionally, if that turmirmfion hast been brought about by a naw single mer®I, desiring to lese or promote a large portion or all of the Hangar, then LESSOR •» ,,If figure to alleviate LFSSEF. at any rental obligation for the final ninety, (90) day period, at ahiah time their lease shall terminate. In the creat of cmdnatlon Lessor any take possession of counsel pamrses neon the eRairmc data of said termination Demand under [Ills lease shall entitle J.essorto declare al) ranging installments ruminate to be doe and payable Immediaely, and in the went Lessor shall take pomsession of the ill premises, it may order Ne same upon us shall be and adhions as it shall deem appropriate, and any (Achmeory in the roach payment main t he obligation ofLine I cook,. 19 NOTICFS.. Any notice or other rommun cation to Lessor or Lessee referred to in this lease mal ant shall be deemed validly given, sinned and delivered upon dopmit in the United States Mail, registered and with proper postage and reguvation fee prepaid, addmuW as follmam LESSOR: City Clerk City I [all 401 Independence 11. O. Box 611 Cape Girardeau, Missouri 63902 0611 LESSEE - Jack Nhimnam Rain Crow Ranch 3006 Starz Hwy FF Jackson, MO 63955 20. PARTIES POUND. All or the morn, w tortillas and herein co iced shall be binoaag upon and shall Inure m the benefit of the Pumas, Meir anawsom, hoer, exeuamrs, administrators moa wsigrw. Page 5 of 6 ¢J jy111T� w� 'REOF. the panic& here to have auserl thb agecmeuno he ezamN as ofthe dry wd year firA above erlllen al Cape (^rwdeau_ Missouri. CITY OF CMI'. GOLAROEAI:, NUSSOI W Scott A. Meyer Cll) Mangler ATITSI Gavle le Comad Gry clerk LTSSFE / L -j / = / ck ATTEST: Page 6 Qt b HANGAR LEASE AGREEMENT This Agreement made arta entered into this day of by and between the qty of Cape Oimrdi Missouri, a MuNtipal Corpomlime hereinafter called "Leeson"and Cape flyers I i.C, hereinafter refined to as `Lassen". For and in confederation of the churfsl covenants, cams and conditions contained bureln, fire parties agree as follows: 1_ PREMISES. Lessor hereby leases to historic lye following described property. The former Commander Hongm, located at 3971 Iola Godwin Memorial Drive, Capa Ghardeau Missouri,show n Exhibit A, together with reasonably L wand cars of acts across LessoYadjeiuing area. 1' he aircraft whi ch Is to be sored by Lessee atthis location is described as'. Regletretlo Number 1S0OMYear: 1975 nauve __ Make'. CYlodel: 182P In addition, brown Is Allowed two (2) aircraft changes within the same terms and conditions of this lease ONLY If the ascraft is owned under mesame Lane as the Lessee. Lessee must advise the Airport Manager of following Information prior to any change he me aLaaft Is be stored herein Aircraft (Image l: Date: Aagisvetion lxLmbee Year: Makeu Model Air¢atYChmae2: Date: Registration Number Year. Make: Mode 2. TERM. This Agraemant shell commerce on and remain In effect for a period of one (1) year. '£hereafter, this Agreement shall continue of effect Gam month to month, bolug automatically renewed after each month unless ninety (90) day written nota is riven by eitherparry that the Agreement should not be covered except when Lessee's orl.esaoi a Right of Terminator provides for a different calibration timeframe, av mentioned in Sections 17 ad 18 of This lease 3. RENTAL. Lessee shall pay Lessor monsi beginning the fire day of each board, (Its rental M An hereinafter provldod, said smo art young due and payable on or before the 10th day of each month doing the is (S ($ of this monthly Lessee agneas m un pay Lessor One Hdnzd,'I\veny- Five Dollars vndmwu6 25 DO) All payments are to be made at the office of his Clty Coltman of his Cry of Cape Girardeau or of such offer place ice Lessor may direct. There ill bealh% per month enter nT(18%par Year) Page 1 of charged on all past due accounts, OSP. OF TT{E PREMISES. The Leered Harrow Space hereby based shall be mind only for the storage A already owned or leased by Levine. Absolutely no storage of any type aotomob04 hatremional condole boat, other non viaaon related items or equipment is pemited an perishable use of drat lease in the nobody Asian reprise he right eas t to ce We me m aKLgioNEAO etc O @a Les a if th' tole I vlo to 'u add don — teaoNx nadlw [ ded'n Ihlslm�_ Lessor is pmhnited from noting any fnal or pelrolemn products upon 'he accept premise except chose necessary for minor maintenance, No waele or petroleum materials shall be spilled or In any conmminare heAbrad premises or pmpcip' adjacent to the Andor, through auivhts of the colt pont Lesson Thin at Leshall by responsible lm'QdLmtonotify Airport anditaO Lafsec'ssolo cost gandexpense. pearFundof Lessee shallImmWnSely honotify Le Or Airport Maveger asap may Niie gwemmenablvgeueyofpriatebirth an eou: ion in me Should Ne Lessee fall cost SO. the Lemon maycols any Lessorsle allappropriatee LessNNe Lessae'e steed. Phe cost ofsuch remedial seders by Ne Lessor shall be pili by the cecina. No appropriate of the spored ahcmm Than be conducted our the Lased Haurer Space, except such Auld normally be profaned M d be mantis ow witbom the benefit of omainfornarreep as an w croft mechanic, Lessee finaber agrees that n commercial aviation sciences will be conducted on L promises Subroutine writtenpP ed of Na 4 T M et. This includes but is notlimited tomi aR repop almost,l g purructiorywalon,monterarce, add settled survey/plmmgraphy. Lessee shard not uec or permit Ne use of all or any porion stood dossed premnes i order mamm than herein set fords, withmct the prior written consent of Lessor UTILITIES. Lessor shall msurne and pay for all costs and charges for utility services IDmuhed s a pat of Losses a tent Lessor reserves the right to limit the we crudites should Lc seeps use of utilities become excessive t. CUSTODIAL SERVICES. Lessee agnea to provide To dwcasnry materials, embla t and labor to provide all deoeasmy janitorial and cmtodom scrvim4 and to malmmn the premises in a clear, safe, orderig and primary condition. Lessee shall provide e complete and proper drrangment for Ne xdequat sanlwry handling and disposal of all trash and ether refuse mused by its Operators under flus lease. MAINTENANCE AND REPAIR. Lessee shall at iL sole cost and expense, lass and maintain the dnnised reuwl area its first clam condition, slash coodidan shell at all times be bored on a mandirsting prurient rt eat, reasonable t and ter' excepted. Lessor of mate mile r lacerate of n aro Lessnr will maintain the stnmNrel component of the Lensed Hangar Space, including doers and door mechansms. Lessee shall be respa nclon slid liable for any dmnage to his J.eescd Tharbar Space carred by Lessee's may, Tncludidg, but notlimited in beirl eieine bacto ked ee�impmper uor walls, damgetor negligent narmedne Doors due to fuel, Oil spElagg 8. INGRESS AND EGRESS. Lessor shall Nevada a tight of ag ua end fines to Le demieril premises for the Lessee, its effects, amp oryces and agent. 9. ALTERATIONS AND IMPROV6consi Lessee shall make no alteration, adm'oom Puget of 6 repair, replacements, or Inprovemnn6 upon me lease theories moment the prior written consent of the Airport Manager. Such consent shall not be wimAeld without reasonable cause. All altom mew additions repays, mplaoemenq and ieprovisi ems shall be and will remain the Imports of Lessor and will be nrrrcndered wire the leased premises as part thereof upon termination ofmis Lease Approach 10. ASSIGNMENT AND SUBLEASE. Lessee shall not cosign or sublease furs Lased Hangar Space without me express wnnto approval of the Airport Manager. To me event that Lessee does writtenreceive approval to assign or sublease this Teased Hangar Space, the Lester shall amain liable to Lessor forme remainder of the man of the leave to pay Lessor any portion of the rent and fees provided for barren upon failure ofb e assignee or sun laaea to pay the came when toe Storage of branch not belonging to, or lensed by Lessee, shall be construed as a cvbleue and, unless approval m action.- by the Airport Manager, shall be grounds for termination of this lease I I_ ANNUAL INSPECTION. Lessee's aiaiWE shall be in annual or progressive inspection and license, not more Lou milev(90) days from required dal UponormAtofmc Airport Manage, Lessee shall mrnish proof that aircraft has been all im accordance wide FAA criteria and/or proof of acral inspection 12 RTGM OF ENTRY. Lessor shall have at an reasonable times during an Tours, me full and unrestricted ngbbo Martha leasecipremm Corona purpose dinatection, aredmrthe purpos Colossus and allmlogs which Itis obligated orris a rmghtto do concepts agramem sibs law. 13. SECURITY Lessee agrees to abide by and surreal with Lessor in the enforcement and ministers of applicable airport centers regulations and measures as prescribed by the Department of Homeland Semaribbbaresportation Security Administration, and me Cape separation Logical Airport IA_ TAXES. Lessee shall pay all personal property rm:s wm hich ay be forecast against equipment, marcbandise m other personal property owned orused by Lessee relocated on the demised premises. Additionally, Lessee internal and agrees that Lessor may be requited to provide information to federal and aLle government bnquiries regarding Lessee's property known to be stored by Local 15, NO WAIVER OF FUTURE BREACH. The failure of Lessor or Icssce0 insist, in coy one or basic momorces, on a stet performance of of to isms or are conditions of this Lease, or to exercise any right he retained shall not be comnued as a Crime waiver or a rellabloodecom of the prey rions or right, bat the carte shall continue and remain in toll Law and effect, The receipt by Lessor oftent, with knowledge of the breach of any term or condition hereof, abah not be claimed a waiver of He broach and no waiver by Lessor of any provision hereof shell be deemed to have ban made unless expressed in whiting and stable by Lessor. Should Lessor at me time consent to an asci®went of dile Lease or a sublease of the whole or any part of the demised premises, no mtlhs assignment nod no Lorimar sublease shall be made wltlmul me opposes concerno citing by the Airport Manager None ofthe tares of Goodman, arms Lease shall be shared, waived, or fashion in any, harder woman by written ireshnmwt executed by both parties 16_ INDF.MNUTCA9'ION- Scorer, shall indoor nm e and hold brimless and defend mrLcrco; its offices, agents and omplos ea from and Against any and all claims, bear onto, damage, loss or Nobility of any kind or nature, costs or axpemse, including attoracy'.v Cas and witness casts which may be asserted by day parson or porous for or on account of any intones or dam or Page o16 damages to pmputy sub mined because of or@rising out ofactivities of T.esay its officers, agents or employees provided for herein, whoNer or Lot there u concurrent active or passive mgurionce on the pan of file Lessor, but excluding 1labilines due To me sole negligence or wilml mieoonduot of Lessor. Lessor shelf not be liable far its failure to perform the or -g governor or far auy loss, Inryrv, damage or delay of any nature whosoever resulting more from caused by any Act of God, firee flood, accident stdhe, labor dispute, riot, ituurrewov, ar or any other cause beyond Lessors control. 17. LESSEE'S RIGHT OF'LF.RMLVATION. Lessee shall have um right to dominate this true upon the hapumming of one or more of the Lodestone eventsr A. The permanent abandonment of me Attpoq D. The Furst abolimploort eulhoriud selectby fee biotic Status Gove[runevS or any thereof, of the opemliou colonel or use of the Airport , or nay sub tantlal port thereof, in such a as w substantially restrict Lessee's use of die processes for a period of forry-five (n5) day C or m ce nictng the use of thedrr of mAuporc jurisdiction the ramariuing in forcIlly ton in any a so e of such injunction foga period of at least forty-five (45) days, D. The default by Lessor In ors performance of any eovenaut or ahrozm all brash requital to be performed by Lester, and me £stere of Lessor to remedy such detault`or aperiod notice to aid F. of Lessee relocates,daysntteror m ry assay bOld ars the airn of craft received to here ,s above mr salte receipt seer Lessee may obsolete Me right of termination by wnden notice to Lessor at any timeveMin tbiny (30) days after an; of the reverts mentioned in the pmceding subparagmpSs (A) through (E) above. In the event Lessee is ddinquent -in rental payments) to Lessor in excess of spry (sere daub, Lessen understands end topped that Lesser has the right to change me mak on To import and hold pmpsry of the Lessee netll which time toll dellvquent rental and fee omwnt due are paid in CWl to the Lessor. Allot such payments are losei"it by Leasee, the Lessor shall have until the end of metext brokers day to provide amus ofLessece Lemod Tlangar Spare_ 19. LLOSSOA'S RIGHT OF TERMINATION. This lease shall be subject o communist by Tosser upon the happening of my one amore ofine following ovens: A. Lessee shall be In amara in the payment Of ran' for ¢period ofmirty (30) day after du espayment such pent shall be due, B. Lessee shall make a genera assignment for the billion of caditors, ry petition In C I.essu shall file a coluntry, or have hied against it olo mhd beroad ptcg provided such petition whuher voiwtary or Involuntary shall not be dismissed wlmin fifteen (15) days allerit Is filed, O. Lessee shall abandon me detained produces, y- Lesr@e shall olcorbom its use of the premises fur a period of tat rty(30) doe or except for nornal absence,K such as an extended flight, aircraft repa@s, replacement, etc. F Lecsec shall assault In the p' Fallocwa of any of the other covenants, allusions and boundaries required to be kept and performed m Lessee and surd bill continue for a period cf mlrry (30) days atter monpt of writteunotim from Lessor of said deault. G, Lessee spall violate any petition of be "Cape Outlines, Regional Airport Rules and Pager 4 of 6 Regulations" in offset at any timeduring the N,mi of Ihisfease. (Nate: Pe4ining to SwGon 19, paragraph A through Q LceSoi may ofor tee the sight of Rumination provided herein by written notice to Last" of its istemlon to terminate, and this tees shall terminate Ran (10) days after the Are of such notice) TI Leasee recaniap ninety (90) days wtlhen transition notice from Lessor, for any mason, to vacate are Hanger. Additionally, if that termination Ms been brought about by anew single tenant, desiring to Isaac or purchase a large portion or all ofThe hangar, then LESSOR will agree to eller ne LESSEE of my rental obligen on forme final ninety (90) day period, atwbioh time matt lease shall painting. In rise event of termination Lessor may take possession of his domis d premises open tie effective date of said Introduction. Default codes this Inaba shall entitle Lessor to declare all marNag installments or rentals to be day and payable immehapalg said u, Rise ovenoLessor shall take possession of he demised premises, it may Cast Rha share upon such terms and conditions as It shall deem appropriate, and any dcfselency in the cantal payments shall be and amain the obligation ofthe Latvia 19, NOTICES. Any no ti r other communication to Teeny or Leasee referred to in this lenge m agreement shall ba dcetd validly given, served and defecated upon deposit in the ended stares Mail, registered aM with proper postage and registration fee prepaid, addressed as --alloys, LESSOR Cie Clerk City Hall 4011ndependeuw P. O. Bos 6I7 Cape Girardeau, Mistrust 63302 0617 LESSEE: Capyklease LLC Micheal Cooper 470 Briar CreshDriva fackson, MO 63755 20_ PARTIES BOLND. All is the terms, c venwte and conditions hada contain shall be Page 5 of binding upon and shall inure to the benefit of the habit their sucecssoy hobs, e::ecumrs, admluunamm and coming IN `NTTNESq WIIEAEOP, the parties hue to haw caused Nis agrsunent to by e-.ewmd as of the day and year Grstahcw written at Cape Guazdean, Missouri. CITY OF CAPE OIRA UDEAII, MISSOURI Sing A. Meyer City Menager ATIYST'. Gayle L, Course Ciry Clerk LE59PE Ael or ATTEST- CapeFlye �LLCC Page 6 of 6 HANGAR LEASE AGREEMENT This Agreement made and orrtemd into this day of . by and benvoa the Chy of Cape Girardeau, Missouri, a Municipal Corporation, hueinatter caped `I trioti' and KCHC Aviation LIC, , heelnaftermurred to as "Lessee". Fact and in consideration ofthe mutual covenant, terms and conditions correlated bereft, the parties ague as follows: L PILEYISES. Lceshncby teams to Lcaam the fllowmg described popery The forms Commander Hangar, honest at 3971 IoM Godwin Memorial Drive. Cape Girardeau Missouri, s shown in Prohibit A, together with repeatedly necessary rights of access comes Lessor's adjoining area. The among which is to be based by Lessee at this location is accounted as Recolmator Number. NBCA Year. _ Mak. Coma Model: 4210 In addition, Lessee is allowed two (2) aircraft changes within de sono terms and conditions of this last ONLY if the aimrM is owned under de same name as the Lessee. Lessee must advise the Airport Manager of the following information poor to any change in the ahemR to be stored lamins Aircraft Chance l: Date: Registration Number. Year: Make, Model Aircraft Change 2: Date: Registratma Number Year. Make. Model. 2 TERM. The Agrcm ant shall a and re - - effect for a period of oneI) ( year "Ihereafter, this Agreement shall continue in effy A from mond to mouth beiug orbital renewed aper each month unless ninety (90) day wfiten notice is given by either parea that Agreement should not by termed except when Lessee's or Lessor's Right of Termo.ulion provides for o different notification time ham4 as buttoned in Stations 17 and 18 of this lease 3_ RENTAL. Lessee shall pap lessorum ifisly beginning the fir at day of each month, the rental coconut as hereinafter provided. said amount being due and payable on or before the 1 his day of each month during the tum of this leash Lessee agrees to on, Lease Three lluntlred, Security Five Dollars and no cent ($'37500) monthly_ NI paymante are to be made at the office of the Cary Colluaor of the City of cape Glanleau oral such other place as Lessor may da, ect Them ill beaLX C. per month interest (18%per year) Pagel of charged on all past ace accounts. USE OF TLE PRErvIISES. The Leased Turner Space hereby leased shall be used only for Me enrage of aheraft owned or leased by Leased. Absolutely no storage of env type aummobzle, recrrational vehicle boat other not avlation related items or equipment is permitted s a permittablc use of this lease in the target. I ester reserves the i ¢Int to creep the provision positions BO embers no the Lessee if this dide hss�4in Addition m env other re provided in this lea_ Lessee is prohibited from poring any feel or petroleum product upon the leased notice, erupt those necessary for minor maintenance. No waste orpenoleum materials shall be spilled or in any way contaminate the Airport premises orpropMy adleoemto the Airport tlrouslt activities of the Lessee. Die Lessee shall be responsible for cleanup, containment. and abatement of such post or contimination subar ea's sole cost and expense purthen, I,esssw shall Inunedlamly notify Me Ahpoitl agerandappropriategoveminen011agencyofsuebmouclircnce. Should the]eseee fall to do so, the Losses may take any reasonable and appropriate acted in the Lessee's steal the cost of such remedial action by the Lessor shall be paid bythe Lessca- No matnteannce ofthe stored aimmit shall be conducted in the leased liangm Space, except snob maintenance as is normally be perforated by an doctor owner pnMods the benefit of aboard ineclai minor desire furper that at d commercial aviation activities will be an on form's patois without the express written appmvat of No Airport Manager. has includes, but is not limited to aircraft rental, charter, leasing flight instruction, maintenance, ll use Or t�a use of all or One andel pr surveyin any u play her Olympsee ic than hereon set forth, whlmut Me Met v, nttennrtcoon of ntentthe of leased premises in flay o Lessors L'TTLUDDS. lessor shall assume add pay for all costs and charges for u flue serviecv famished as apaid ofI carte a bentLcss aeservesthe right to limit the use of utilities should Lessee a use of utilities became excessive. CUSTODIAL SERVICES. Leasee agrees to provide she necessary materials, equipment and labor to provide all neeessaryjanimcih and custodial services, and to maintain Mn premises In a clean, safe, unduly and sanitary condition. Lessee shall provide a clarredo and proper rujorcencint for the adequate .unitary huddling and doposal of all Iran and order refuse unused by its operations antler this lease. MAWTFTANCE AND REPAIR Lessee shall at its sole cost and expense keep end maintain the derives bust pcondition. which condition shall at abe on standard creralecNtgptudeutprospe is management re srdble all and excepted esser . will maintain the structural components of the Leased Hangar Space, Including doors and door meoltanum% Lessee diall be responsible and liable for any dmdageto Me Leased Hangar Specs caused by Leisure's use, including but not Emitedn, bent or broken idtariorw �3amag gto cnarrestedLaosduetofeel,Oilmillay- doors damaged due to Lessee's iter oru net II toerations- K. Is(fl S AND OGRESS. Lessor Shall provide a right of rumors and egress to the demised premises forthelessee, It officer, employees and agents. 9. ALTERATIONS AND IMPROVEN6N'IS. Lessee shall make no alterations additions Paoo2 of 6 repairs,replacements, or arproenc upon the lease prem without he par written consent of the Airport Maresca Stroh consent shall not be withheld efithout reasonable rause. All alteration.additions, repair replacements, and impro enc shall be, and will a, n the propepropertyof Lessor and will bert endered with the leased promises m part thereof upoo termination ofthia Lease Agreement 10. ASSURNNURTT AM) SLBLEASE. Lessee shall not asslgr or sublease this Leased Hangar Space withoutthe express smitten approval of the Airport Managm. In the event that Lessee does receive written approval to assign or sublease this Leered Mortar Space, the lessee shall remain liable to Laser for the remainder of the term of the lease to pay Lessor any portion of the rent and feet provided for hetero upon bill of the aaiguee of sub losses to pay the sane when due. Storage of aircraft not belonging to, or lamed by Lessee, shall be eonnmed as a sublease and, unless approved in writing by the Airport Manager, shall be ground, for tyrompaon of This lease. I I. ANNHAL INSPECTION. Lessee's aircraft shall be in annual rn pragros at inspection and license, not ntorethen ninety (90) days from acquired date Upon request oftha Airport Manager, desire shall furnish proof that aircraft has been certified in accordance with FAA criteria and/or proof fannum impaction. L. RIGHT OF ENTRY. Tcswr shall have at all reasonable times during all hours, the fell and ntestricted righter causing leasedpromisesforthepurpose ofmspection endforth[ paryoseof doing any and all times which itis obligated orhas a rightto do underthis agreement or by law. 13. SECURITY. Lessor agrees to abide by and cooperate wish Lessor in the enhancement and implemmestion of applicable airport security regulations and measures as prescribed by the Department of Homeland SecerityTamaportation Security Admthlshation, and the Cape Girardeau Regional Airport 11 TAXES. Lessee sbnll pay all personal property tours which may be assessed against equipment recusing, (it other personal property owned or used by Lessas located on the decoked premises. Additionally, Lessee undermunds and agrees that Lessor may be required to provide information to full ward state government iugo6ies regarding Lessee's property known to be stored by Lessee_ 15_ NO WAIVER OF FUTURE BREACH. The farm's Off cssor sr Lessee to inoup, in any one or more a strict performance of any of the bums or coordinatethecoordinatecoordinateofthis Lease, or to examine any right herein contained, slwll not be construed as e future weber or relinquishment re the provisions tests or right, but role no same shell e soiach and remain in o full force and effect The receiptbyLessorveof rof withknowledge and ofwaibreech of any termor hereof, shall not be rued to a waiver of the breach end no e waiver Ing and signed ne any provision hould shall be leasome lime e have ntto an ass rimae expressed Lease is writing and leasee ny Lewers snood Licact oft at son Ilmeconsent mises,er 8tt rthgtmemofent andnorurt r subleenitricllbe or e conte t the demised premises, i d,,by e Airport and no further sublease shell be made of f the express consent in writing by the Airport Manager. None of the mems ri conditions of Iris Lease shall be altered, waived or modified n any mavner except by wnllat insmtment exeaumd by both combat. 16. LSDENLWEICATfON- Lesson shall indemnity and hold harmless and defend the Leets, lis offices, agents and employees from and against any and all claims, demands, damage, loss or liability of any Land or name, roeh or expenses, mdoding attorney's fees and wetness cons which may be entered by any pmon or protest for or on amount R any injuries or dault or Page 3 of 6 damages m property planned beumse of or arising out of activities of Lessee, its officeuS agent or employees provided for hercrn whemer or not Mme is concurrent sales or passive negligence on the part of the Lessor, but excluding I abllices duo to me role negligence or crown misconduct of Lessor. Lessor shall not be liable for It failure to perform the Agreement or for my loss, Injury, damage or delay at anyavan�e whetoever resulti ng there humca ed bYr or any anysf. beard fire, flood, student, rotor, pm r, riot, collateral n Lessor s control. 19. kUSSEE'6 RIGHT OF TEAIvfINATION. Levee shall have the right to erminatt this lease rpt. are happening ofone of more ill the follmviag events'. A. "I he pmnnoatt abandonment of the Ahpoa, E. Tia lawful assumption by the United Sods Oevernmant, or any authorized agency thereof, of Me operation, control or use of Airport, or nay allocated part Mato( in each a as to substantially resttG f.esola s use of the memnea for a period of Cony -five (4) day. 5 C. issuance by yCurtelassumptions knordeation of any injunction M any cony preventing or recording the use of me Airport, and he remaining hr force of such vollostion for a period of at least forty-five (45) days, D. The default by Lessor b, Me performance ofany wvenane or agreement herein aquuctl to be perrermad by Lessor, and pro failure of Lesser to remedy such default for a period of Mirty (30) days after receipt from Lessee ofwrittem notice to remedy said default. F . fesxe relocates, sella or in try way Iosco be alrcrafr referred W heavy above Lessee may exenise are right of economical be wv'itton roues m Lessor at dry torm VoMinthirty Q0) days after my Of the event M mentioned in e ding sub lis (A) t roar (E) above U the event float is ddinquert iso round pro r eand to Lessor in excess of soft (60) days, Lesser understands and apres Mat favor has the right W change the lock on me Italian and held property of Me Lessee until which duce told sanction rental and fee amount} due ore paid in full to the Lessor. Atter such payments are reserved by Lessee Me Lessor shall bare unfit the end of me next business day, to provide access of Lessee's Leased hangar Space 13. LEforrob LUUTITOFThdralIPATION. This lease shall be subject to tarn nation by Lessor upon the happening of any one cancra Of following evenu: A. Lesser shall be in arrears in the payment of rent for a period of mirty (30) days after the time such payment shall be duo, Is Lessee mallmake a general assignment for the beliefs, of creditors, C. Lessee shall file a voluntary, or have filed against id,n involuntary petition m harmonicas 'provided such return schemes voluntary or involuntary sack not be discoursed trathinfifteen (I S) days error itis tiled, D. lessee dualsbandon the demised premises E. Lesace shall discordance it use offal premises for a period ofMlrty(30) man cveeptto, noimal absence, inch as an lacerated right, north repaha, replacement, etc. F. Lesser shell default in the performance of any of Me other covenants, acreemart and ondrams required to be kept and performed by faster and such default confirm for a period of mirty (30) days after receipt of vuitternatice from Lessor (It default Q Lessee shall vrclata say portion of the 'Cape Cl anloau Resound Airport adults and Pie 4 of id Regulations" in cheroot any time during the occur of this (case. (Note. Pertaining to Section 18, paragraph A through G, Lessor way exercise the right of cmaination pmyidcd her by smitten notice to lessee of its intention to termimRq and this less shall terminate tan (10) days after the date of such notice ) H. Lessee riderving ninety (90) days "rbAn termination notice from Lessor, for any reason, to vanate the Hangar_ Additionally, if that Demarcation has bean brought about by e new singe amenk desiring to lease or purchase a large portion or all of the Hangar, then LESSOR will agice to allevime LESSEE of any rental obligation for the Anal ninety (90) dry period, at which came their lease shall terminate. In the event of termination Lessor may take possession of the demised premises open the effective Jute of said termination Default under this leave shall Bunts, Lessor no declare all remaining instal mak or rentals to be due and payable immediately, and in the event Lessor shall take possession of the versions premises, it Disco islet the same upon such terms and minditiom as it shall deem appropriate, and any deficiency in the radial payments shall be and Domain the collection ofthe Lessor. 19. NOTICES. Any notice or other communication to Lessor or Lkeee referred to in this lease agreement shall be deemed validly given, served and delivered upon deposit in the United States Mail, register d and with proper postieu and registration fee prepaid, addressed as follows. LESSOR'. City Clerk Cry I[all 401 Independence P_0.Box 619 Cape GGardem, Missouri 63702 0617 LESSFR 14CHC Aviation LLC_ Ann: Dr. Charles Moon 425 {,unmoved Lake Dr. Cape Girardead, MO 63701 20. PAIL'FIS BOUND. All of the terms, covenants and considers; herein conummed shall H a binding npou and shall inure In the benefit of the parties, their eiccesois, heirs conscious,conscious,andadministration A sought. Page 5 of TH WITNESS WHEREOF, the parties hereto have caused this agreement t be executed at of the day and vem fire aboNtorain at Cape Clrardeaq Missouri. CITY OF CART. GIRARDEAU, MJSSOUM Smut -Meyer City Manager ATTEST: Gayle].. Covmd City Clark I ESSET A,� Chadas Kraft ATTEST: KCUC Aviation LLC. Eagn 6 of HANGAR LEASE AGREEMENT 'I his Agreement made and entered halo ink / day of _ •-"y for and between the Cinof Cape Gvardeuq Mlrromi, a Munlelpal Cooperation, recruiter c ll N L sols and_ludbus Abdul LQC nerematter reacted to us Josses". For and incm nsideration of the crustal covenams, terms and conditions contained cousin, the parties same as follows: 1. PRE>IISES. Lem+rloreby leasestiLessee me following described property: The former (salamander Hangs, Ionated it 3971 John Godwin Ideansonal Liis , Cape Grandam Missouri, as shown in Exhibit A vagaries with measurably necessary rights of access across Lessor's adJoinine mea. 'I he werall which is to be stored by Lessee at this location is described as. Registration Number, N6921'C Year 2005 _ Make: Pllams slodel PGI245 In addition. Loreto is allowed two (2) aircraft changes within the sone terms and enormous of this lease OM.Y if the nation is earned under the same vane as the lessee. Levee most advise the Airport Manager of the follow ing'mformanon prior to shy change in the auetaft to be stored herein. NrcraR Chnoee l: Date: Registration Number: Year Make: Medal Aircraft Chance 2: Date: Registration Number. Year: Make. Model 2, TERM. This Agamont shall commence on trod remain in affect for a period of one i) ,war. Thresher, the Ageansnvshall continue in effect Goo month to month, being aumatically renrned after each month unfair nit (9e) buy written notice is Oven by cher party that the Agreement should not be renewed teeter when Ieseee's or Loser's Right of 'Iseonmotion pin'/idnv' for a different notification time trams a, mentioned in seelimrs 19 and 18 of thus lease. 3 RENTAL. Lessee shill pay Lessor monthly, buiscamng the Gun day of each meant. the annul amount :e hereinafter provided, sal(]ant being due and payable o or before the 10th day of each nth drum g the term of [his lease Lessee agrees to pay Lesser Six Ilan std Dollars erne no carr, (tend no) monthly_ An payments are to he more at the office of City Crhacmr of miry of Cape comments Brat such other place as Lesser may direct Thea will be a I'L %per month interest (I A% per year) Pegs 1 016 charged On all pmt are accounts. 4. USE OF UTE PREMISES. SLe Leased limga Space hereby legend shall be nsM only fur the storage of virerefl o red or legend be Cravee. dbdo and as storage of any pan acceler to fTerritorial some ' h th a I and m - t t it I s er performable use till, Is II bng 1.. est i tcehe n pf vmd 111 E sent �the Leaee if this rule is v'O � Id to yvOther_Q•es provided 1==se. Les is proibitcd from storing any fuel or peueleum pmdaOn upon the leased pe causes, Piaud Or an i dips crosary for anhormaintenance. No waste or petroleum mmmiaLz shall bnsadedOr of 0e way conmmmate Me Airport pnes or program moment to rhe Aapon r Ou'lha n Lease. The Ixace shall be royonslbte for dcami couminmerS and apartment of such spill m conmmivodmn at Upsets sale cost and expense Further, Lcsee shall immediately Tits The Airport Manager and appropriate governmental agency of such Pi ocemrtrnce Should the Lai fail to am w, the Lessor may rake any reasonably and appropriate action in me I Plane stead "I he wst at such remedial action by the Lessor shall be paid by the Lessee. No mai bo n ses Of the stated aimraR shall be conducted In the Ignored Hanger Spu¢, except such in Lnor maintenance as would normally be performed by an Proof rennet Iothom due honest of an rtiod mcnimmin lessee further comesthar no commadal motion activitieswNl bf ondndcd on Lai prem w sprout Mcspress vrtittor approval of me Amp Man' gc - "1'hls licludm, but is not limped to abortion rental, charter, hourng. flight instruction, maMtenan<e, ur.ay/phhnogtaphy. loci shall not use or pvrmh the of all of Persk at of and aerials er than here v sex fM, without Ne prix wr nen c'Oment e[ Lessor. premises In an. Other rmnv La.or. 5 IITILIITV:S. Longer slnll assume rind pray for all casts and chagns for amity servias Thrashed 11, o part of Lessee's will Lesser risings me right in limit the use Of udhties abated Lessee's use of utilities become excesai no 6COSTO DALoSLRVFS loosecomes b Pro' tile m en '- ara=, equipment Iment xa d Ih [provide ❑ d tti hdlg. d maintain the gpises in safe, Ord ly and tnary condition LcNSP mail provide ot ie proper enumerator frtfie itinerate savimiy hndg disposed ofrilltrand ath urged by its operations Order this Icase. MAINTENANCE AND REPADt, losses shall at its sole cost and expense_. keep Phil maintain the demised anon Teed is first class condition, which wooden shall ul. all tons he based o� standard Of use reflecting prudent progeny mvwgemem, Handbag end tern excepted door Lessor env merchant Me swcoual constitutional of the Lure Hangar Space mdOding doors and door medlemsms. Lessee shall be responsible and liable for any damage to the Leased ILange Space ramad by Lessee`I up. beludinn, but not lachad to firm or broken intone snails _damagem unsaled dmfs due to fuel, Or spillage, dome damaged due m Leace s improper or negllgem operas ouc S Ni AND E(.BEdS. Lessor shall provide a ddho of meters and egrets to he doluted premises fordo lacca. its OMrarcemployees and agents. 9. AUFERA'➢ONS AND IMPROVB)fFN"ES. Lessee shall make no alterations, additions raga 2 Of 6 repaha, replacements, or improvements upon the have premises without the poor written consent of the Airport Manager Such consent shall not be withheld without reasonable cause All alterations, additions, report, replacements, and Improvements shall be, and will remain the property of Lessor and will be surrendered with the leased premises as pmt thereof upon temthation admit Lease Agreement. 10. ASSIGNMENT AND SURLE.ASF_ Lessee shell not assign or sublease this Leased Hangar Space without the express mime approval of the Airport Manager. In the event that Lessee dues receive written approval to assign or sublease this Leased Henget Space, the Lessee shall remain Lady to Lessor for the remainder of the term of the lease to pay Lessor any portion of the rent and fees provided for herein upon failure of the desigma or sublessee to pay the same when doe. Storage of aircraft not belonging to, or leased by Lesov, shall be construed as a sublease and, unless approved in writing by the Airport Mahal shall be grouti for examination of this lease. 1 L ANviTFAL fi SPECTION. Lessee's auemlt shall be in mmual or progressive inspection and license, nor more than ninety (90) days train required date. Upon request f the Almost Mmageg Lessen shall furnish proof that aircraft has been trammed in accordance with FAA criteria anchor proof of di inspection. 12. RIGHT OF ENTRY. Lessor shall have at all reasonable times during all hong the full and unrestricted right to enter due leased premises for the purpose of recession, and f the purpose of doing any and all things which it is obligated or has a right to do under this agreement or by law. 13. SECURITY. Lessee agrees to abide by and cooperate with lessor in the suffireement and implementation of applicable airport security regulations and measures as prescribed by the Department of Homeland Security Transformation Security Amkmbratioq and the Cape (batman Regional Airport. IC. TAXES Lessee shall pay all personal property taxes which may be assessed agaiest equipment, ercntative or other personal property owned m used by Lessee located on the demised premiaez Additionally, Lessee mdnsmnds and agrees that Lessor may be required to provide information to federal and stain government inquiries rcy rding Lessee's property knovm to be stored by Lessee. 15. SO WAIVER OF FUTURE. BREACH. The failure at To cur or Lessee to upli ff in any enc or more instances, on a Work performflmc of of the hems or Oe conditions of this Incep or to exercise any rigbt herchn contained shall not be amounted as a diture "miser era relinqulskn ( of (an provisions or right, but the same chall continue and roman in fall force and effect The receipt by Lessor at rem, with knowledge of the breach of my term oramount hereof shall not be ceased a waiver of the broach and no waiver by Lessor of any provision hereof shall be deemed to have boom made unless expressed in ontmg and signed by Lessor. Should Lessor at me lines consisteo an assignment of this Lease or to a sublease of the whole or any pecof the demised penises, no further component and no fisher sublease shall be made without the expnes ent in wrni4 by the Airport younger. None of the terms or conditions of this Lease shall be altered, "awed or modified if any manner except by writmn umbrummet external by both pintoes. 16. INDEMNIFICATION - Lessee shall indemnify and bold harmless and defend the Lessor, its Officers, agents and employes Roil and against any and all clams, demands damage, loss or liability of any kind or nacre, topic or carries, including aaomey's Icos and saltness costs which may be assered by my person or persons for or on account of any injuries or death or page of damages to property sustained because ofordoing out If aaivitles ofJesse, its Offers, agent or employees Fronded for herein, whether ornot there is concentric active or passive negligence on thepan of the Lessor, but excluding Babbles due to the sole negligence or winner misconduct of Lessor. Lessor shall not be liable for its failure to perform the Agreement or for any loss, i jay, damage or delay of any ware whatsoever resulting there from caused by any Act of God, fire, flood, accident strike, labor deal riot, Instruction, war or any other cause beyond Lessors enmrol. 17. LESSEPlB RIGHT OFeor more�ab the following shall have the right to graduate this lease upon der pPe°nneogevent: A. put overcome abandonment ofthc Airport authorized agency 13. the lawful ausumption by the United Sates an Government or y au thereof, of the operation, control or use of the Ahpsrl or coy substantial pert thereof per such nias to substantially restrictrestrictGe's like Of the premises for a period of horselike (45) days _ preventing C ]sot s, by n y C urt of compnLnt jurisdiction of any n'J finee n in any directionay ntin g reg ieting the me of the Airport, and the predict o u period of aaea4 fortydive(45) days no par D. She default by Lessor In she pwformance of any covenant err Statement herein required to be performed by factor, and the failure eFieszoI m remedy such default for a period of lhirty(30) days after receipt from Lessee of written notice to comedy said default £ Lessee relocats,salls, or in any way loges fee aircraft replaced to herein,above. Lessee may creature the right of prediction by written notice to Lessor at any time within thlrry Led) days after my of the events mentioned in the preceding subparagraphs (A) through (L) above. In the event Leraea is delinquent N rental payment(s) to Lessor In excess of sixty (60) days, Lessee understands slid agrees thatLessor has the right to change the lock an the hangar and hold property of the Lessee until which time mal delinquent gnWl and fee amounts rise ng paid in full m tthe he time Aftdaytfo payments are CCIvecos Leased Hay desire, rho Leegar Space sor shall Fare until the prop IS. LEsSOW S RIGHT OF ThIbNWATION. 'lids lease slntfl be subject to gmilnation by swain upon me happening of any one amore offer following events. A, Losses shall be in arrears In the payment of rent for a period of WGty (30) days afte the time such payment shall be due ➢. Lessee shall make a general assignment for the benefit of creditors, C. Lessee shall file a wilifiay, or have filed against it an overall Petition or lkdkmptcg pact such pmioon whether voluntary or mvolunhry shall not be dismissed within fifteen (15) day aLla itis fish, To Lessee shall abandon the demised premises, E. Lessee shall discerner,,Isuse of lite premises for apenod if them (3j days, restrict for gaol absence, such as an succeed flu aircraft repairs, replacement etc_ k. Lessee said default Ill the ambers come of any of the other covenants, agreements and conditions tgnigd to be kept and perfnnmed by i.asset and such dofanit creditor for a period oflum (30) days after receipt umioe fpm Lessor of said dehnit G- leasee shall violate any portion of the `Came Girmi ReEonal Airport mules end Page 4 of 6 R<wlau ns in effect at my time boring the team Of this tense. (Yam'. Pertaining to Section 18, pawl A tM1mugli (i, Lessor nay exercise the right of (container provided herein by warden notice to l case; of its intention to terminate, and this loom shall terminate tell (10) days alter the (late of such mica.) IL Lexie feeling days waillcn team l nation notice from Lesson fm any now si single the Hangar Additionally, inch that e a large pori been all of t abet by v LESSOR R will upose to i Lav; ur purchase n (rent portion on AI of the e.] Oen LESSOR wilt agree to ae their lease of any revel obligmiun for the MvJ ninety (90) tine period,; which time lM1cir leareshAl mmrinaa. In Ibeeent of termination Lester may tale ps of the demas demised pneon the effect edam of paid mnninaron- Default under &is Law shall entitle larval�m declare all remaining installments strol is to be ducandpayable immediately, and hathecomi Lessor shall take possession � of the dem sed prammr,it may releube same upon such terms and conditions as it shell deem appropriate, are y deficia cy In the moral payments shall be and amain fire obligation of the Lessee. 19. NMICES. Any notice or other communication to Leeenr m L eemo rejected to in this lease vp errom shall be deemed validly gavel served and delivered upon deposit in die Untied States \fail, aglncmd and with proper postage and registration fee pr 4a4 nddrawsl as followe LESSOR. CiW Clark Citi Nall 401 Independence P.O. Box 619 Cape Girardeau, Missouri 631102 0611 LESSEE: Falcon Aviation Aare Alan Kecnvn 620 Tangglu"ol Ave Sikeston. NO 63801 20. RARTIE,S BOUND. All of the minisconescrains and conditions herein contained shall he binding upon end shallin m to the ba l of Ne cancer, their mecessaq betrS recommit, admintimmrs and asdgv. u Pugs 5 of 0 i] WITNLSE INWREM, the ➢"n'� bete to Neve caused this ayrcc n'3m to be executed as of alto day end year first above wnuun at Cape Gimnleau, NlosonTl. ATTEST: Gale L Conrad (Fy Cloth Al IGST. CITY OP CAPE CIRARDEAG, MISSOORI Scottos. Mcycr City Manager I,f SSEE/ ,dI,. 4a,.— — Alan Keenan _ Enlcoo, Aviation Pane 6 of 6 HANGAR LEASE AGREEMENT Shp Casement made arta crossedintom:s r of , by and between the Chys of Cape Castilian, Missouri, a MnNdipal comomtlon, hereinafter sued -Legaor-ana _Isvenadaswll2rc ,9,,si.LC hereinafter meferred to as"Lessee,, For t of the mutual sevenths, terms and conditions contained herein, Ore parties agree as follows In coconsiderationws. L rREMLAFS Lesson hereby lenses to Parsee the traders"' described Property: '1 he former Commander Hangar'r' ssa Iodated at 3991 John Godwin Memorial Drive, Cape Girardeau Te Olson m Lxhlbit A, together with reasonably nscessain rights of access aomss l.evor'e disdaining area. Tfic aireaftwhichuto besand by Lessee atter lomtsnis described as: Registmtlon Numbers N53ICB_ Yet: 19 — Make: Ben" Model- B100 he addition, Lessee is allowed two (2) small ebangcs within me sone terms and conditions of days lease rtnhis dirsaird is soared ne name us he in sion Fe AirpoManagerOf me followin informatioi Prior to any change Losses, ancrult to be shored herein. cra[tC I: I)vtc Registration Number. _Yes" — Make: Model Aircraft: Dam onegaatrawn annual —Year. — Mclse: _. Model— odel-- ant shall c _ and remain in effect for a T¢RM. This Ane m venom on ant shall continua in effeat from month to month, period of "'a (l) -year. Thereafter,ofac Agreed being party that the ranevolAguscme alta each month neunled ninety ashen day winter o Lose is grv® bof y either perry that the Agtecmeut should not bemnewed except whenl.evce's of Lessor's? and is Termination provides for a different nottiention time frames as mentioned th Scatters' 17 and Ift of in is lenge. It&NTAL. Lessee shall pay lasso, monthly, begnnning the first day of esch month, fire rental Dunt as hdreinaPer provided, said amount being due and payable on or before Me loth has of each mouth dome the term of my ledge. Lessoo agses m pay losso� Six l funded Dollars and no name (5600 00) menmry. All paymrts am m be mato at the office ofthe Can Collector of the City of Cape (nmedeau or at such other place as Lean, may direct There will be a i % per month Sntercn (18 % pa year) Page I of 6 charged on all part ane ¢crouton. USF OE THE PHAIMISES. the Ieased Maker Space hereby leased shall be used only for the storage of aircraft ovani or leased by Caesee. Absolutely no emrege of in i type automobile reamational vehicle, boat, often elation related hems or egmpmevt s promised asoE permiilable use of this lease in the harem faresoverseas l�o cease rho or seisie avlati'oNPDO no a to he. Lessee it this miss -s appearkeddcinvedilion many other call provided in this lease Lessee is rosemary from Lattice any fuel or pardemn products upon the leased premise`, except those necessary barrel maintenance No waste or petroleum materials shall be spilled or III any wtis core m'mam the Airport promises of property apparel she Airport through schemes fthe Lessee. The Lessee shall be responsible for cleanup, cantomcentI mrd abatement ofsueh spill or contamination at License's 5 cense's sole east expense. lrmfty Lessee had immediately vetlfv the Airport Mmagerand appropriate govemmental agency of such an ocaurouce Should thelussee Lail to do so, the Loesermay coppery reasonable mrd appropriate action inch, Lessee's stead. The cost of such remedial action by the Icoed shall be paid by the wi No maimmance Of ria storod aircraft shall be contract in the Listed Pool Spat the 1®pt as of ell an advalreff es majormaimhaanms Lessee further bepe that nn nal ycoaircraftial aviation activities will be conducted on recoils promise, without die express written approval of 0e carport final. This inolndas, but is nor limited to aircraft [ental, eharteq basnV, flight inatmpnon, matntnnaeeS int (Ile ,so of all and aerial knows, photography. Lessee shall not Ilse or peh, r any ion cconseion of nt tire o£ leased promises in any other manner than helium ter rt without the prior wu Lessor. 5. IT LFBES. Leaser hall deo me and pay for all costs mrd charges for utility services famished s a part of Lessee's rent Lessen reserves the right to limit me use of ufillums should Lessee's use of utilities become excessive. 6. CUSTODIAL SE.AVICEB. Lessee aHees to provide the concern materials, equipment and Tabor no provide all necessary janitorial and custodial eeriness I and to maintain the premises m a clears safe, ordedg and Social eoeditlom Lessee shall provide a complete and proper arrangement for the adegste sanitary handling mid disposal of all trash and ether refuse mused by its operations coder this lease NA IS ENANCL, ANT fiEP.11R. Lessee Strait at its Sole cost and expense, keep and maintain the droll sed rental are, in flisl Class auldr which condition shall at all Lina be based en a standard of care reflecting prudent property management reasonable swor and tar excepted. Lessor will maimain the structural components Of the Leased Hangar Space, maturing doors aid door incriminate Lessee shall be responsible and liable for any damage to the Leased I laugar 9pane nosed by Lessee's use, Including but nor limitedto, bent or broken interior walk damage to unsealed floors due to fuel, oil Spillage, doors damaged due 10 Lesece's improper or negligent reactions 9, ISSGAESS AND &GILISS. Lessor shall Provide a right of ga iia. and plead to the demised promisee to, the Lessee, IS officers, entail mad agent,, 9. kLUI ItATIOHs AND IMPROVF'.MENTS. Lessee shall make no alterations, additions Page 2 of 6 repairs replacement, orimprov enrt upon the lease grannies without the pilo written con sent of the Airport Marvager. Such consent shall net be withheld without reasonable cause All alterations, additions, repairs, repla omens and imprawmards aball be, and will remain the property of Lessor add will be nurrendared with the lensed premises as part thereof upon rumination of this lease Agreement. 10. ASSFGNACENT AND SUDLEABE. Lessee shall not assign or sublease this Lensed hangar Space alebout the express written afe oval of the Airport Manager . fir the event that Lessee does reserve mitten approval to assign or sublease this Leased 1 Wager Space, the lessee shall remain liable to Lawn for the remainder of the term of the lease to pay Lessor any putian of the rent and fres provided for barren upon hnihw of the relates or sub -lessee to pay the same when due_ Storage of attempt not belongfog to or leased by Losses, shall be construct] as a sublease and, unless approved in eariWg Iry the Ahpod Manager, shall be grounds for termination of this lease 1 L ANNUAL INSFFCTTON. Lessee's aircraft stall be in annual or progressive inspection and Incense not more than nin rte, (90) days tram regnhpd data. Upon roquesr of the AirportMarugcr, Lessee shall finish proof that ahemR las From certified in aceoidmca with FAA airing and/or proof of arcual Inspection 12, WIGHT OF ENTRY. Lessor shall have at all reasonable times daring all hours, the full and mestr ted right to enter the leased premises for the purpose of inspection, and for the purpose of doing any and all things wInch it is obligated or has a right to do under this agreement or by law_ 13. SECORITP. Lessee agrees to abide by and cooperate with n.e ca i in the enforcement and implementation of applicable airport swudly regulations and measures as prescribed by the Department of Homeland SecuntyTFranapodation Security Administration, and the Cape Ohardem Regional Airport. 14. TAXES. Lessee shall pay all personal property hues which may be assessed against equipment, merchandise or other personal property owned or used by Lessee located on the demised prenises. Additionally, Lessee understands and agece that Lessor may be required to provide Infommfion to federal and state government inquiries regarding Lessee's property known to be noted by Lessee, 15. NO WAISFFR OF FLITURE, BlUACIL The failure of Lessor or Leasee to maut, in my one or more instances, on a strict performance of my of the terms or the condilions of this Lea. or to exercise y right herein counters, shall not be construed as a theory waiver or a m6nquishmcut of the Ob. iron or ran, bill tile same shall continue and remdv in fidl force and effect The receipt by Lessor of rent. with knowledge of the breach of any term or condition hereof, shall not be deemed a waioor of the breach and no waiver he Lessor of say provision hereof shall be deemed to have been mads onless expressed in writing and signed by lesson Should Lessor at some time consent to an assigmnent of this Lease Or to a sublease of the whole or any part of the dcmtsed premises, no further assignment and no further sublease shall be made without the reposes consent inwntingbythe AinpoRMasager. None oftheens orconditions ofthis Lease shall he alteed, waived, or modified in my mannei except by written instrument ex luted by both parties. 16. INDEMFFFICATION - Lessee shall indemnify and bold hanleca aid defend the Lessor. its officers, agents and employees from and against any and all thwart demands, damage, loss or liability of any kind or nature, cosme or expanses, including amomeya fes and witness coats which may be assailed by any person or persons for or on account of any i juries or death or page) of 6 damages sustained because of or missng out ofactisides of Lessee, l¢ officers, agonn mag properrys hether or not as watuntent active or bassist negligence r employees putoff e Lesp for herein, w g gene or wlltiul misconduct m the part less r shall but be ]Dougfor it adsai ureto the sole no L of Lessor. Lessor shall um he arable for hs failure to la perform ma Agreement of for any loss, imury, dater or delay of erry namrewlwlsoever resulting therefrom caused by any Asof Cod, fire, flood, accident, strike, labor dispute,rtectio riot, usnq war re oma wase beyond Lessors control. 19 LESSfUGHT IF TER ATIOthe followcore ingevsshaall have We right to terminate Au lease meha upon happening of a or mile ts A, TM1e permanent abandonment of the Airport, aumoeimd egavuy B. The lawftd assumption by the aided Statest, holocaus or any Ameef, ofthe operation, control or use Of do Avpon, or Day substantial pan abroad, in ick a as to substantially titres Lessee's use of me prem us for a period of fony.frvea(4i)rdnys. C. Issuance M any Crum of cc patcnrymfednctlon of awry ujunution ht any svay preventing or suldr, the use of the ( irpmS and the rams' ung in force of such ujoncbem for e period o least fray -five (45) days, is the default by Lessor in the Roger of coy covenant or agmemeot 6areu required b be to or ed by Lessor' and the Ran ofsesom to remedy such default for a period of that, Lis aftmreceipt firm traft rcfrred mets eamedY hereivsaibbuse t. E. Lessee rnloca¢'s sal sot i nuywaroar me aircraft Lessee MaYoutlets, the right of maturation by written notice to Lessor at any time within thirty (30) days after any of ma courts mentioned in the preceding subproagmphs (A) through (L) above. In me event Lessee is delinquent in racial pannant(s) W Lesser in excess of suty (ba) days, Lessee understands and agrees that Ler arbas are eight to lenge the lock on the hanger end hold formerly of the Lessee ansa which time total delinquent rental and foe amounts due are paid In full to the Lesson After such payments are rootless by Lessee, the Lessor shall hake unol the and of next business day to provide access of bessen's Leased I longer Space. 1 s, LESSOR'S RIGHT OF EE2yfINATION.L is lease stand a speaker to contribution by Lessor upon me happening of any one osmole o cees A, Ixssee shall be in arrears in the payment of rant for a period of maty (30) days a&r the time Iran gryment fl all be due, B. lessees hall make a general asslpwamfor the benefit of creditors, mvelDumny, petition Ire C, Lessee shall file a voluntary, or have filed agars t it all onarruptcy,Provided such petition concha valumlary or mvohetary shall not be dismissed waren fifteen (15) days after itis tiled, D. Lessee shall abandon the domewl premises, t e. I esu shall discontinue its use of tiro penu pckwas fora I of mmy (30) days, except for teal absence, such as an extended flight, site aft occults replacement, es y, Lesace shall default in the pedommne of any of the 'the'eem detach wmmre Porn conditions required to be kept and performed by Leser' and s period of bray (30) days afire IlLsam ofadtten nti e from Lessor of said default. C, Locate shall violate wry ponce,, of the 'Capt location' Regional surfer Rules and Page 4 of 6 Regulatiome in effect at any time doing the tum sheds lease. (Nora Ptabdi dg to Seaton 19, paragraph A though O, Lessor may exercise me right of Nomination provided herein by warned mouse to Lessee of Its intention to harmonic, and this lees shall terminate too (10) days atter me dine of such notice.) 11 Lessee receiving ninety (90) days written termination notice from Lessor, for any regain, to vacate me Purger. Additionally, it that Diffusion has been bought about by a new single tenant, desiring to lease or purchase a large portion or all of the ffaugan, then LESSOR will agreed attended LESSEE of any rental obligation for ee final nldety (90) day period, atwhich man their ]case fund terminate 1n theent of termination Lessor may take pas of the demised promises upon the effective date of said termination Default under this lease shall entitle Lessor to Robins all nauseam installmentsrentals to he due and payable immediately, and in the event Lessor shall take possession of the promises, it may relet the same upon such terms and conditions as it shall deem appropriate, anti any deficiency in the rental paymenk shall be and remain the obligation of toEstate. 19. NOTICES. My notice or other communication to Lessor or Lessee referred m in this lease agreement shall be deemed validly given, ser ed and delivered upon deposit he the United States Mail, registered and wrib proper postage and registration foe prepaid, addressed as follows. LESSOR: City Clerk (IN [fall 40 L Independence P.O. Box 617 Cape Girudem, Missouri 63702-0617 LESSEE Pyramid Support genetics Add Kevin Caribbean POBox 1927 Cape Grumman. MO 63702 20. PARTIES BOUNB. All of the arms, covenants end conditions herein contained shall be binding upon and shall inure to the bamfir of Ne patties, their Sexassons wit, executors, arhninuhators and mount, Page 5 of 6 LV RTINESS W tEREOF, the games hem he have cawed bis agremuent to be executed as of the day and ycwfirst above billion at Cape Girardeau, Missouri_ CITY OPCAPE GIRM DEAJ, MISSO= Scott A. Mayor City Manager ATTEST: GayleL. Cmvad City Clerk LESSEE Kevin Cambmn ATTEST: Pyramid SupportServics IJ.0 Page 6 of 6 Staff: Bruce W. Loy, Airport Manager Agenda: 6/19/2017 SUBJECT A resolution authorizing the City Manager to execute a Lease Agreement with Elite Avionics Services, LLC, at the Cape Girardeau Regional Airport EXECUTIVE SUMMARY The attached agreement for lease space to be maintained by Elite Avionics Services, LLC, provides for a new, twelve month lease in Hangar 71, located at the Cape Girardeau Regional Airport, for the purpose of providing an aircraft avionics shop with administrative office space and hangar floor space. The employees will be providing avionics installation and troubleshooting services for all types of aircraft. BACKGROUND/DISCUSSION The Cape Girardeau Regional Airport has not had an avionics shop for many years. Elite Avionics Services, LLC is a new company formed by several individuals already involved in aircraft maintenance and repairs at the airport, including Brian Ozark, owner of Ozark Aircraft Repairs and Maintenance. While this lease is only for one year, we are hopeful that the new start-up company will eventually expand and extend their lease with the Airport. FINANCIAL IMPACT This agreement provides an additional $495.83 per month in revenues, or $5,949.96 annually. Also, the addition Elite Avionics Services, LLC, provides a new and additional reason for aircraft owners to fly to the Cape Girardeau Regional Airport, increasing our fuel sales and improving our exposure for continued, new business. This lease does contain a clause enabling the City to terminate this lease with ninety (90) days written notice, should the City receive a lease or purchase offer for the entire facility. STAFF RECOMMENDATION It is recommended the City Council approve a resolution authorizing the City Manager to enter into the attached agreement with Elite Avionics Services, LLC, in the amount of $5,949.96 annually, at the Cape Girardeau Regional Airport. ATTACHMENTS: Name Description: ❑ Airport Lease Elite Avionics.doc Resolution ❑ Elite Avionics Services LLC lease (vYinal).doc Elite Avionics Services, LLC, Lease Agreement BILL NO. 17-94 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH ELITE AVIONICS SERVICES, LLC, AT THE CAPE GIRARDEAU REGIONAL AIRPORT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Lease Agreement, with Elite Avionics Services, LLC, for the property located inside the hangar address 9071 John E. Goodwin Memorial Drive, at the Cape Girardeau Regional Airport, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF , 2017. Harry E. Rediger, Mayor ATTEST: Bruce Taylor, Deputy City Clerk THIS LEASE made this day of , 2017, between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter called "Lessor" and Elite Avionics Services, LLC, a corporation organized and existing under and by virtue of the laws of the State of Missouri and authorized to do business in the State of Missouri, hereinafter referred to as "Lessee", IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: SECTION 1. PREMISES. Lessor hereby agrees to lease to Lessee and Lessee hereby agrees to take under the terms and conditions set out in this Lease Agreement, the property shown on diagram in Exhibit A, located inside the hangar at the address 9071 John E. Godwin Memorial Drive, which real estate is owned by the City of Cape Girardeau, Missouri located at the Cape Girardeau Regional Airport in Scott County, Missouri: SECTION 2. TERM. The original term of this lease shall be for one (1) year, commencing on July 1, 2017, and shall expire on June 30, 2018. Thereafter, this agreement will continue in force from month to month or until which time Lessor and Lessee have reviewed the terms of this agreement and negotiated new terms through an amended lease agreement. SECTION 3. RENTAL. Lessee shall pay Lessor monthly the rental amount of Four Hundred, Ninety -Five dollars and Eighty -Three cents ($495.83), on or before the 101h day of each month during the term of this Lease. Such rental amount is the sum of (980 sq. ft. hangar floor space x $3.50/sq. ft./year, plus the sum of 280 sq. ft. of office space x $9.00/sq. ft./year) divided by 12 months. (NOTE: This price includes all tenant shared use of the office area and hangar bathroom facilities.) All payments are to be made at the office of the City Collector of the City of Cape Girardeau or at such other place as Lessor may direct. SECTION 4. USE OF THE PREMISES. Lessee shall occupy and use subject leased premises to operate a Federal Aviation Administration approved business directly associated with aircraft avionics repairs and installation, aircraft repairs, maintenance, and renovation. Such aircraft can be defined as civilian or military, helicopters or fixed wing type aircraft. Lessee agrees to limit the use of the hangar facilities to those areas and activities listed above and to allow Lessor to use the remaining portions of the hangar for daily storage of aircraft or for leasing additional hangar and/or office space to any other business for any aviation related activity. Lessee may, however, have free ingress and egress to the air side ramp areas, utilizing the air side hangar door, when it is necessary to access aircraft, equipment, or other associated vehicles. Lessee further agrees to comply with all Rules and Regulations set out by the Cape Girardeau Regional Airport, as amended. SECTION 5. UTILITIES. Lessee shall assume and pay for all costs related to local and long distance telephone service, internet service, and television service during the term of this lease. Lessee agrees to pay for any and all connection and service charges incurred therefore. All other utilities shall be provided at the expense of Lessor. SECTION 6. CUSTODIAL SERVICES. Lessee shall provide a complete and proper arrangement for the adequate sanitary handling and disposal, away from the Airport, of all trash, garbage and other refuse resulting from the operation of its business. Lessee shall provide and use suitable covered metal receptacles for all such garbage, trash and other refuse. Piling of boxes, cartons, barrels or other similar items in an unsightly or unsafe manner on or about the demised premises shall not be permitted. Lessee agrees to provide the necessary materials, equipment and labor to provide all necessary janitorial and custodial services, and to maintain the premises in a clean, safe, orderly, and sanitary condition. Lessee agrees to share in the custodial upkeep of the office bathroom facilities. SECTION 7. REPAIRS AND MAINTENANCE. Lessee shall be responsible for damage to the demised premises resulting from Lessee's use of the premises, ordinary wear and tear excepted, and Lessee shall keep the demised premises in good and safe repair and condition at all times during the term hereof. Lessee agrees to accept the cosmetic appearance, including all flooring and paint condition of doors, cabinets, and walls of the leased area in an "as is" condition. Additionally, Lessee agrees to provide, install, and maintain its own kitchen appliances in the break room, if necessary. Lessee shall promptly repair all damages to said premises and building caused by its employees, patrons, or its operation thereon. Lessee shall maintain and repair the interior and exterior of the leasehold area and associated improvements, including any installed appliances. Lessee shall provide and maintain hand fire extinguishers for the interior of the building in accordance with applicable safety codes. Lessor agrees to maintain and repair equipment and utilities, including electrical, gas, mechanical, and plumbing, including air conditioning and heating equipment. Lessor shall maintain the grounds of Lessee's leasehold to insure that the grass around all the buildings is mowed regularly and that all driving surfaces within Lessee's leasehold are kept as clear of snow as practicable. Lessor shall also maintain the ramp area in front (South) of the building to insure that the aircraft's operating area surfaces are kept as clear of snow as practicable. SECTION 8. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions, repairs, replacements or improvements upon the lease premises without the prior written consent of Lessor. Such consent shall not be withheld without reasonable cause. All alterations, additions, repairs, replacements and improvements shall be and remain the property of Lessor and be surrendered with the leased premises as part thereof upon termination of this Lease. SECTION 9. SIGNS. Lessee shall not construct, attach, affix or paint any sign, advertisement or notice on the exterior of the leased premises, including screens, awnings and shades without the prior written consent of Lessor. W SECTION 10. COMPLIANCE WITH LAWS. Lessee covenants and agrees that it will comply with all the requirements of all laws regulating the use and occupancy of buildings in Cape Girardeau, Missouri and that it will not create or permit any nuisance in or upon the leased premises to the annoyance of neighboring properties, or permit waste of the leased premises to occur, or allow the lease premises to be used for any illegal, immoral or illegitimate purposes. SECTION 11. INSURANCE. Lessee shall procure and maintain in effect for the term of this lease agreement, liability insurance in an amount not less than $300,000.00 for one person and $2,000,000.00 for any one accident involving injury, including death or property damage, to more than one person. In addition, Lessee shall procure products liability insurance with limits of not less than $300,000.00 for any one person and $2,000,000.00 for any one accident involving injury, including death, for more than one person. In addition, Lessee shall procure hangar keepers liability insurance for aircraft in custody of Lessee on the demised premises. If, however, the State of Missouri raises the liability limits for municipalities contained in Section 537.600 et seq., revised statutes of Missouri, or elsewhere, Lessee shall increase its liability insurance to an amount equal to those increased liability limits. Certified copies of each policy or a certificate evidencing the existence of the insurance specified herein and naming Lessor as an additional insured on the enumerated insurance policies shall be delivered to Lessor within ten (10) days after the execution of this Lease. If during the term of this Lease, the premises including the building thereon at the commencement of this lease are totally destroyed for any cause, by fire or other casualty, this Lease shall become void at Lessee's option. In no case shall Lessor be obligated to rebuild or restore the demised premises or any building or portion thereof which may be destroyed or damaged. SECTION 12. INDEMNIFICATION. Lessee covenants to indemnify and hold Lessor harmless against any and all claims arising from the conduct or management of or from any work or thing whatsoever done in or about the leased premises or the equipment thereof including as against or in violation of law, regulation or other proper authority during the term of this lease, or arising during said term from any act or negligence of the Lessee or any of its agents, contractors, employees, guests, voluntary help, or invitees, or arising out of any accident, injury or damage whatsoever, however caused, to any person or persons, or to the property of any person, persons, corporation, or entity, occurring during the term of this lease, on, in, or about the leased premises and from and against all costs, counsel fees, expenses, and liabilities incurred in any way as a result of any such claim or any action or proceeding brought against Lessor by reason of any such claim. Lessee, on notice from Lessor, shall resist or defend such action or proceeding by counsel satisfactory to Lessor. The foregoing indemnification shall survive termination of this Lease. Lessor shall not be liable for its failure to perform the Agreement or for any loss, injury damage or delay of any nature whatsoever resulting there from causes by an Act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond Lessor's control. 3 SECTION 13. LESSOR'S LIABILITY. Lessor shall not be liable to Lessee, its agents, contractors, employees, guests, voluntary help, or invitees, for any injury or damage caused to any of said persons or their property by reason of water, rain, snow, ice, sleet, fire, storm, Act of God, accidents, or by breakage, stoppage, or leakage of water, gas heating, air conditioning, sewer pipes, or plumbing on, about or adjacent to the leased premises, all of which said risks are assumed by Lessee. SECTION 14. INGRESS AND EGRESS. Lessor shall provide a right of ingress and egress to the demised premises for the Lessee, its officers, employees and agents. SECTION 15. RIGHT OF ENTRY. Lessor shall have at all reasonable times during business hours, the full and unrestricted right to enter the leased premises for the purpose of inspection, and for the purpose of doing any and all things, which it is obligated or has a right to do under this agreement, or by law. SECTION 16. TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment, merchandise or other personal property owned or used by Lessee located on the demised premises. SECTION 17. REHABILITATION ACT REQUIREMENTS. Lessee shall operate and maintain its facilities in accordance with the requirements of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and will assure that no qualified handicapped person shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination, including discrimination in employment under any program or activity that receives funds or benefits from a Federal Grant. Lessee further assures that it shall comply with the requirements imposed by or pursuant to 49 C.F.R., Part 27. SECTION 18. NON DISCRIMINATION. Lessee shall not, on the grounds of race, color, creed or national origin, discriminate or permit discrimination against any person or group of persons in any manner prohibited by Title VI of the Civil Rights Act of 1964, and Part 21 of the Regulations of the Office of the Secretary of Transportation in the use of the leased premises. Lessor reserves the right to take such action as the United States Government may direct to enforce this covenant. The Lessee assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered by 14 CFR Part 152, Subpart E. The Lessee assures that no person shall be excluded on the grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. The Lessee assures that it will require that its covered suborganizations provide assurances to the Lessee that they similarly will undertake affirmative action programs and that they will require assurances from their sub -organizations, as required by 14 CFR Part 152, Subpart E., to the same effect. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958. E Lessee agrees to furnish service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service; PROVIDED, that Lessee may make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. SECTION 19. NO REFERRALS REQUIRED. Nothing contained in this Lease shall require either party or any of the members, stockholders, beneficial owners or employees of either party to make referrals of patients to the other party. The parties support a patient's right to select the medical facility of his or her choice. This Lease is not intended to influence the judgment of any member, stockholder, beneficial owner or employee of either party in selecting the medical facility that is appropriate for the proper care and treatment of patient. SECTION 20. COUNTERPARTS, FACSIMILE OR ELECTRONIC SIGNATURE. This Agreement may be signed in one or more counterparts including via facsimile or email, or by electronic signature in accordance with Missouri law, all of which shall be considered one and the same agreement, binding on all parties hereto, notwithstanding that both parties are not signatories to the same counterpart. A signed facsimile or photocopy of this Agreement shall be binding on the parties to this Agreement. SECTION 21. LESSOR'S REPRESENTATION AND WARRANTY. LESSOR represents and warrants to LESSEE that LESSOR and its owners, employees and agents (collectively "Personnel") (i) are not listed on the General Services Administration's Excluded Parties List System ("GSA List"), and (ii) are not suspended or excluded from participation in any federal health care programs, as defined under 42.U.S.C. § 1320a-7b(f), or any form of state Medicaid program (collectively, "Government Payor Programs"), and to LESSOR's knowledge there are no pending or threatened governmental investigations that may lead to suspension or exclusion of LESSOR or Personnel from Government Payor Programs or may be cause for listing on the GSA List (collectively, an "Investigation"). LESSOR agrees to notify LESSEE of the commencement of any Investigation or suspension or exclusion from Government Payor Programs within three (3) business days of LESSOR's first learning of it. LESSEE shall have the right to immediately terminate this Agreement upon learning of any such Investigation, suspension or exclusion. LESSEE shall be timely kept apprised by LESSOR of the status of any such Investigation. LESSOR shall indemnify, defend, and hold LESSEE harmless from any claims, liabilities, fines, and expenses (including reasonable attorneys' fees) incurred as a result of LESSOR's breach of this paragraph. SECTION 22. ASSIGNMENT AND SUBLEASE. Lessee shall have the right, with the prior written consent of Lessor, to assign this lease, or to sublease any portion of the demised premises, but in such event Lessee shall remain liable to Lessor for the remainder of the term of the lease to pay to Lessor any portion of the rent and fees provided for herein upon failure of the assignee or sub -lessee to pay the same when due. Said assignee or sub -lessee shall not assign or sublease without the prior written consent of Lessor and Lessee. Any such assignment by Lessee shall contain a clause to this effect. Lessee hereby agrees that any sublease or assignment shall be solely for the purpose of conducting a business of the same general nature and purposes as specified herein. SECTION 23. NO WAIVER OF FUTURE BREACH. The failure of Lessor or Lessee to insist, in any one or more instances, on a strict performance of any of the terms or the conditions of this Lease, or to exercise any right herein contained, shall not be construed as a future waiver or a relinquishment of the provisions or right, but the same shall continue and remain in full force and effect. The receipt by Lessor of rent, with knowledge of the breach of any term or condition hereof, shall not be deemed a waiver of the breach and no waiver by Lessor of any provision hereof shall be deemed to have been made unless expressed in writing and signed by Lessor. Should Lessor at some time consent to an assignment of this Lease or to a sublease of the whole or any part of the demised premises, no further assignment and no further sublease shall be made without the express consent in writing by Lessor. None of the terms or conditions of this Lease shall be altered, waived, or modified in any manner except by written instrument executed by both parties. SECTION 24. DEFAULT. If any default shall be made in Lessee's compliance with any term or provision of this lease agreement, then Lessor may at its sole option, upon 30 days written notice, forthwith terminate this lease. Upon such termination of this lease, Lessee shall peacefully surrender possession of the leased premises to Lessor, and all rights of Lessee to the leased premises shall cease and desist. SECTION 25. LESSEE'S RIGHT OF TERMINATION. Lessee shall have the right to terminate this lease upon the happening of one or more of the following events: A) The permanent abandonment of the Airport, B) The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control or use of the Airport, or any substantial part thereof, in such a manner as to substantially restrict Lessee's use of the premises for a period of forty-five (45) days. C) Issuance by any Court of competent jurisdiction of any injunction in any way preventing or restricting the use of the Airport, and the remaining in force of such injunction for a period of at least forty-five (45) days, D) The default by Lessor in the performance of any covenant or agreement herein required to be performed by Lessor, and the failure of Lessor to remedy such default for a period of thirty (30) days after receipt from Lessee of written notice to remedy said default. Lessee may exercise the right of termination by written notice to Lessor at any time within thirty (30) days after any of the events mentioned in the preceding subparagraphs (A) through (D) above. SECTION 26. LESSOR'S RIGHT OF TERMINATION. This lease shall be subject to termination by Lessor upon the happening of any one or more of the following events: A) Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the time such payment shall be due, B) Lessee shall make a general assignment for the benefit of creditors, C) Lessee shall file a voluntary, or have filed against it an involuntary, petition in bankruptcy, provided such petition whether voluntary or involuntary shall not be dismissed within fifteen (15) days after it is filed, D) Lessee shall abandon the demised premises, E) Lessee shall discontinue its use of the premises for a period of thirty (30) days, no F) Lessee shall default in the performance of any of the other covenants, agreements and conditions required to be kept and performed by Lessee, and such default continue for a period of thirty (30) days after receipt of written notice from Lessor of said default G) Lessee shall violate any portion of the "Cape Girardeau Regional Airport Rules and Regulations" in effect at any time during the term of this lease. (Note: pertaining to Section 26, paragraph A through G, Lessor may exercise the right of termination provided herein by written notice to Lessee of its intention to terminate, and this lease shall terminate ten (10) days after the date of such notice.) H) Lessee receiving ninety (90) days written termination notice from Lessor, for any reason, to vacate the Hangar. Additionally, if that termination has been brought about by a new single tenant, desiring to lease or purchase a large portion or all of the Hangar, then LESSOR will agree to alleviate LESSEE of any rental obligation for the final ninety (90) day period, at which time their lease shall terminate. Lessor may exercise the right of termination provided for herein by written notice to Lessee of its intention to terminate, and this lease shall terminate ten (10) days after the date of such notice. In the event of termination Lessor may take possession of the demised premises upon the effective date of said termination. Default under this lease shall entitle Lessor to declare all remaining installments or rentals to be due and payable immediately, and in the event Lessor shall take possession of the demised premises, it may relet the same upon such terms and conditions as it shall deem appropriate, and any deficiency in the rental payments shall be and remain the obligation of the Lessee. At the termination of this lease, Lessor may retain as its sole property all real property improvements which have been constructed by Lessee, or may require Lessee to remove said improvements and restore the land substantially to its original condition, all at Lessee's expense. Upon termination of this Lease, Lessee shall remove all personal property from the demised premises, within thirty (30) days, and if Lessee fails to remove said personal property within that time, said property shall be forfeited to Lessor and may be removed by Lessor at Lessee's expense. Further, upon termination of this lease for any reason, Lessor shall have a lien upon and against all of Lessee's property, real and personal, located on the lease premises, for any sums due Lessor from Lessee. SECTION 27. NOTICES. Any notice or other communication to Lessor or Lessee referred to in this lease agreement shall be deemed validly given, served and delivered upon deposit in the United States Mail, registered and with proper postage and registration fee prepaid, addressed as follows: LESSOR: City Clerk City Hall 4011ndependence P. O. Box 617 Cape Girardeau, Missouri 63702-0617 LESSEE: Elite Avionics Services, LLC 4331 John E. Godwin Memorial Drive Scott City, MO 63780 Either party may change these persons or addresses by giving notice as provided above. Notice shall be considered given and received on the latest original delivery or attempted delivery date as indicated on the postage receipt(s) of all persons and addresses to which notice is to be given. 7 SECTION 28. PARTIES BOUND. All of the terms, covenants and conditions herein contained shall be binding upon and shall inure to the benefit of the parties, their successors, heirs, executors, administrators and assigns. IN WITNESS WHEREOF, each person signing below represents and warrants that he or she is fully authorized to sign and deliver this Amendment in the capacity set forth beneath his or her signature and the parties hereto have signed this Amendment as of the date and year written below. LANDLORD: City of Cape Girardeau By: Name: Scott A. Meyer Title: City Manager Address: P.O. Box 617 Cape Girardeau, MO 63702 Email: smeyer cityofcape.org Date: Acknowledged By: Name: Gayle L. Conrad Title: City Clerk Address: P.O. Box 617 Cape Girardeau, MO 63702 TENANT: Elite Avionics Services, LLC By: Name: Brian Ozark Title: CEO Address: 4331 John E. Godwin Memorial Dr. Scott City, MO 63780 Date: Acknowledged By: Name: Title: Address: Date: Date: Staff: Casey Brunke P.E., City Engineer Agenda: 6/19/2017 SUBJECT A motion to accept public improvements to serve Habitat for Humanity, 1411 Clark Avenue in the City of Cape Girardeau. BACKGROUND/DISCUSSION The improvements consisted of water and street infrastructure to serve Habitat for Humanity located at 1411 Clark Avenue in the City of Cape Girardeau. Water 98.5 L.F. of 8 inch PVC Water Line 1 Fire Hydrant Assembly 1 - 8 inch Gate Valve Pavma 102 L.F. Extension of Clark Avenue The improvements are complete and ready to be accepted into the City's system. The street improvements were inspected by City Staff and were completed generally in accordance with the approved plans. Alliance Water Resources completed the water main extension. FINANCIAL IMPACT The street improvements were installed by private contract and Alliance Water Resources completed the water main extension. Once accepted into the City system, the City will pay for routine maintenance and, if necessary, any repairs. STAFF RECOMMENDATION Staff recommends the Council accept, by motion, the public improvements to serve Habitat for Humanity at 1411 Clark Avenue into the City's System. ATTACHMENTS: Name: Description: ❑ Habitat for Humanity Clark Avenue As-Builts.pdf Habitat for Humanity As-Builts 1 2 36167 3 4 5 6 TG DRAWN BY Record Plans for I 1/k[3 I I /k I F C3 ll::::Z I I U M A�k I I Iqq)r 06.13.2017 Lot 7, Block 7 of Victorian Estates D Clark Street, Cape Girardeau, Missouri D N J H_ — O O W E /L XINGTON AVE S Q� cy� �y BERTLING ST c C ZON HOPPER RD PROJECT LOCATION C/) NEW Y MADRID ST Q U) U � Z m � U) Q z BROADWAY 0 Z G) G) e LOCATION MAP B NOT TO SCALE ZONING AND BUILDING SETBACKS UTILITY CONTACTS UTILITY NOTE PLAN SHEET INDEX ZONING: R-1, SINGLE FAMILY SUBURBAN RESIDENTIAL 1. ELECTRIC SERVICE 4. POTABLE WATER SYSTEM UTILITIES SHOWN HEREON DERIVED FROM OBSERVED FIELD R1 COVER SHEET AMEREN ALLIANCE WATER RESOURCES EVIDENCE. FIELD LOCATE ALL UTILITIES PRIOR TO CONSTRUCTION. R2 KEY SHEET FRONT YARD: 30' 45 SOUTH MINNESOTA 2007 SOUTHERN EXPRESSWAY R3 STORM PIPE PROFILE REAR YARD: 25' P.O. BOX 40 CAPE GIRARDEAU, MO 63702 CAPE GIRARDEAU, MO 63703 MR. KEVIN PRIESTER SIDE YARD: 6' MR. RAY PEREZ (573) 979-0150 (573) 651-5723 2. NATURAL GAS ONE CALL SYS 5. THE CITY OF CAPE GIRARDEAU 'Li AMEREN PUBLIC WORKS DEPARTMENT of iZ P.O. BOX 40 2007 SOUTHERN EXPRESSWAY C/) 7 �d'0 CAPE GIRARDEAU, MO 63702 CAPE GIRARDEAU, MO 63703 MR. JOSH BEUSSINK MR. STEVE COOK A FLOODPLAIN NOTE (573) 651-5730 3. TELEPHONE SERVICES (573) 339-6351 A N� SSS Q A AT&T 6. CABLE TELEVISION SERVICE p OJ ,o 800 BROADWAY CHARTER COMMUNICATIONS Cy SL NO PORTION OF THE PROPERTY FALLS WITHIN THE 100 YEAR FLOODPLAIN, AS INDICATED CAPE GIRARDEAU, MO 63701 3140 WEST NASH ROAD L BEFOFL� ON THE FLOOD INSURANCE RATE MAP COMMUNITY PANEL NO. 29031C 0258 E WITH AN MR. TOM KILBURN SCOTT CITY, MO 63780 EFFECTIVE DATE OF SEPTEMBER 29, 2011. (573) 339-9476 MR. KELLEY BROWNLEE (573) 803-1410 PURSUANT TO FEDERAL, STATE, AND LOCAL STATUTES, NOTIFY MISSOURI ONE—CALL SYSTEM, INC. AT LEAST 48 HOURS PRIOR TO ANY DIGGING, TRENCHING, EXCAVATION, ETC. 1 2 3 4 5 6 U Z z W o0-) C�r-'t Q> M O . U CO co L O z C��o LUL Q > X 0 J Lc��m Z C C O- N O LN Z M LU W0 W >� Z oma 0 �Z W z 0 a U LU LU 0 LU a O lL>.0 COVER SHEET KELS PJCT NO. OWNR PJCT NO. 36167 DESIGNED BY TG DRAWN BY SHEET NO. TG CHECKED BY CK R1DATE 06.13.2017 CURVE TABLE CURVE # RADIUS LENGTH CHORD DIRECTION CHORD LENGTH C1 263.07' 79.99' N04° 52' 02"E 79.69' / / / / / / / / / / / / \ ecF 3 8p / b? 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Z L m Lu(3)cowLr) W _o W "> U 0 Z s (D W El z FINISHED GRADE (TYP.) 390 390 18" PVC IN FL: 388.87' AS -BUILT l 18" PVC OUT FL: 384.00' AS -BUILT 5 vv / a1 ?Vc ® 5.98%,� / �S�l1� a EXISTING GRADE (TYP.) 380 380 STORM PIPE PROFILE 40 J` ®R 0 10, 20' HORIZONTAL SCALE 0 5' 10' VERTICAL SCALE RECORD DRAWING NOTES THE SANITARY SEWER, STORM SEWER, AND WATER MAIN INFORMATION INDICATED HEREON HAS BEEN VERIFIED IN THE FIELD AND IS CONSIDERED TO BE RECORD INFORMATION. THE SANITARY SEWER WYE INFORMATION INDICATED HEREON WAS PROVIDED BY THE CITY OF CAPE GIRARDEAU INSPECTORS, AND IS SUBJECT TO ANY INACCURACIES IN THOSE NOTES. 110 10 10 V Z z Lu CD MO n U 0 L6 M Z in:2M o Lu 0)7M U C M � o) J U) z QQN N o' (.) Z L m Lu(3)cowLr) W _o W "> U 0 Z s (D W El z O a U In W Lu H Q LU STORM PIPE PROFILE KELS PJCT NO. OWNR PJCT NO. DESIGNED BY DRAWN BY SHEET NO. CHECKED BY CK R3DATE 06.13.2017 Staff: Casey Brunke P.E., City Engineer Agenda: 6/19/2017 SUBJECT Acceptance of public improvements to serve Collins Mill Subdivision Phase 1 in the City of Cape Girardeau. BACKGROUND/DISCUSSION Collins Mill Development Group, LLC (Derrick Geringer) constructed public improvements to serve the Collins Mill Subdivision. The improvements for Phase 1 consisted of water, sanitary sewer, storm sewer, and street infrastructure to serve Collins Mill Subdivision Phase 1 in City of Cape Girardeau. Water 250 L.F. of 8 inch PVC Water Line 1 Fire Hydrant Assembly 1 - 8 inch Gate Valve Sanitary Sewer 19 - Standard Manholes 2,089.9 L.F. of 8 inch PVC Sanitary Sewer Main Storm Sewer 2 - Single Curb Inlets 1 - Storm Junction Box 26.6 L.F. of 15 inch RCP 46.1 L.F. of 18 inch RCP 183.8 L.F. of 24 inch RCP 5 - 24 inch Flared End Section Paving 220.7 L.F. Extension of Collins Mill Road 441.4 L.F. Extension of sidewalk along Collins Mill Road 2 - Single Curb Ramps with Truncated Domes Lighting 1 - Street Light Assembly The improvements are complete and ready to be accepted into the City's system. These improvements were inspected by City Staff and were completed generally in accordance with the approved plans. FINANCIAL IMPACT The improvements were installed by private contract. Once accepted into the City system, the City will be responsible for routine maintenance and, if necessary, any repairs. STAFF RECOMMENDATION Staff recommends the Council accept, by motion, the public improvements to serve Collins Mill Subdivision Phase 1 into the City's System. ATTACHMENTS: Name: 0 Collins Mill Asbuilt - Phase 1.odf Description: Collins Mill Phase 1 - As-Builts 1 2 1 3 1 4 5 6 PHASE 1 RECORD PLANS FOR 0 COLLINS MILL SUBDIVISION D OLD HOPPER ROAD, CAPE GIRARDEAU, MISSOURI D COLLINS MILL DEVELOPMENT GROUP, LLC C/O: DERRICK GERINGER 2722 COUNTY ROAD 318 CAPE GIRARDEAU, M 63701 O O ttt ` " r• P O 4t � tt *,il . O C F .,e .�.c v K .. F M# ice' yyY # C c� w C O Lu -I1 .I H HOPPER ROAD I/ 0 .? d ROAD B PROJEC 7- L O CA 77 L- B VICINITY MAP Lu PLAN SHEET INDEX R1.0 COVER SHEET R2.0 KEY SHEET R3.0 SANITARY SEWER PROFILES R4.0 STORM SEWER AND WATER PROFILES A A FLOODPLAIN NOTE THIS PROPERTY IS LOCATED WITHIN ZONE X, AREAS OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOODPLAIN, AS SHOWN ON FEMA FIRM MAP COMMUNITY PANEL NO. 29031 C 0254E WITH AN EFFECTIVE DATE OF SEPTEMBER 29, 2011. 1 2 3 1 4 5 6 z 0 U w O Lu H 0 Lu COVER SHEET 14:1 war" 1111019. 41009Maie 11111110•a DESIGNED BY MG DRAWN BY SHEET NO. CHECKED BY MG DATE 7 R1.0 I ' Sy w , W MH -3 NORTH ORIENTATION FROM � W � W � W w 55 55/ �0 ' � / GM _ _ — — — T /' \', \� ss \ MISSOURI STATE NATE SYSTEM PLANE ' ' — — / SS_ \ \ \ '' !ys\ 0 50' 100' D OvQ N , ; �'' i MH -4 \ \ 0■ 0■ r_1m LOT #9 ' '• '\ \N V LOT #8 — SS -5B MMH-5A LOT #10 H -5B V A MH -17A F. 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RIGHT OR LEFT LENGTH, FT SIZE AND TYPE LOT SERVED MH-EX1 LOT #26 TO MH -1A 0+80 L 28 8" PVC 1 MH -1A TO MH -113 0+14 L 14 8" PVC 2 MH -IB TO MH -2 0+18 L 14 8" PVC 3 MH -IB TO MH -2 0+94 L 14 COLLINS MILL PHASE 8" PVC 4 MH -IB TO MH -2 1+69 L 14 8" PVC 5 MH -2 TO MH -3 0+20 L 14 ------- - - - -------------- 8" PVC 6 MH -2 TO MH -3 0+89 L 14 ---- ----- 8" PVC 7 MH -2 TO MH -3 1+70 L 14 LOT #36 LOT #35 8" PVC 8 MH -3 TO MH -4 0+90 L 14 8" PVC 9 MH -4 TO MH -5A L---- - ,-• - - -I L— 0+05 L 14 8" PVC 10 MH -4 TO MH -5A 1+00 L 14 8" PVC 11 MH -5A TO MH -513 0+05 L 14 8" PVC 12 MH -513 TO MH -6 1+17 L 14 8" PVC 13 MH -2 TO MH -16 0+12 L 28 8" PVC 17 MH -2 TO MH -16 1+14 R 28 8" PVC 16 MH -113 TO MH -14 1+27 R 28 8" PVC 20 MH -14 TO MH -15 0+19 L 14 8" PVC 19 MH -14 TO MH -15 1+04 L 14 8" PVC 18 MH -7 TO MH -8A 1+37 R 70 8" PVC 21 ss v / / ,ss / LOT#17 \\ \ / \ v� Fki��ss �� w �ti s \ ' ^� S pT �T WSW \ V A A MH -15 LOT #3 /� / S-lg FES -6 FES -5 ' ''/'�/' /' / a MH -1A S� S-1q����` '' ��w� \ LOT #18 LOT #2 / / SWQU-1 \V,_� \\\V /\ // � \��/ // / LOT#1 v; LOT #19 MH -14 — / // / a LOT #22 A* — \ LOT #20 LOT #41Q Q �cS'� / \ O I W I LOT #25 ` Q� LOT #28 � �N, // / LOT #21 / �� �' -- --� I ♦ / A.\' / P / PHASE ♦ \ �\ // �// // I I I II I PHASE 3 S -o O ♦ / LOT #40 — — — — CB -12 CB -13 \ s T-16 / I I I I I I I ♦ y tils c; CB -14 s ST -26 S �-- — — — — —-- LOT #26 LOT #27 LOT #29 LOT #30 LOT #31 Fes,♦ s I; MH -8A 8 CB -11 FES -2 / -------- �� 55' LOT LOT #39 U 1 / COLLINS MILL PHASE 3 CB -6 / = \ �0 ��\ MH -8B 5 X\� / �- ------- - - - -------------- --------- -- / --- - -- �--- ---- ----- --- - - - ♦� / N � LOT #37 LOT #36 LOT #35 LOT #34 LOT #33 LOT #32 LOT #38 Q I I I I I I —J L------� L I I I---------� �--—— -----J L---- - ,-• - - -I L— / — — — - — — — ___F__ — — — — — — — — — — — — — — L — — — — — — — — — — — — — — — — — — — � — — — — — — — — — — — — — — — — — — Lu SWQU-2 T-27 J-4 N FES -4 / mi(Li FES -3 NIB ■o x' w SJ -3 ``ss� \ Ss` MH-EX1 ss` co ss\ MH -7 B RECORD DRAWNG NOTES THE SANITARY SEWER, STORM SEWER, AND WATER MAIN INFORMATION INDICATED HEREON HAS BEEN VERIFIED IN THE FIELD AND IS CONSIDERED TO BE RECORD INFORMATION. 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HDPP40.7 LF ST 21 ® 2.327. 12" HDPE AS -BUILT ® 0.50% 380AS%UILT 380 CONCRETE ENCASEMENT ® 2.00% PER CITY STANDARD DETAILS AS -BUILT *NOT Y T CONSTRUC ED (PHASE 2) 45° BENDS 370 H 370 -0+50 0+00 0+50 1+00 1+50 2+00 Storm CB -14 to ST -28 Profile FINISH GRADE 0 N Z I W ~ cn W N Q N^ J (O 00 J L� 6j r) jUP5;z; w0�>� Ll- U E: I 3 .7 LF 24 HDPE ® 0.74% AS BUILT OUTLET STRUCTURE ROCK BLAN - EXISTING EXISTING -SEWER MAIN -0+50 0+00 0+50 1+00 Detention Pond Outlets Profile A CB -14 d N CATCH N N N RIM: 39 NN C I cn� 400 % `f' m z 400 _ CB -15 INV IN:390.00 o m coo .00 C TCH BASIN 00 J o ro m ,- -' Q "' RIM: 385.40 ) z o m � � -' co 2 00 z �"D U V OUT: 38 .40 ST -22 i �' - 00 � > > u� "' c� ° m AS -BUILT mQ�Z � ��E- -Q �z " " - Q 00 390 � U E Q 390 m i z � w cn FINISH GRADE CB -15 CB -16 SJ -3 EXISTING GRADE FES -5 J r7 00 ST -22 ST -23 T-24 �'.' -'400 I U 380 26.6 LF 46.1 LF r P, n i rJ 380 _ zoo>cn 15" RCP 13" RCP 24" RCP ® 1.507. Cm 0.21% ® 0.76% - B-14 U AS -BUILT A3 -BUILT AS -BUILT SS -7B SS -1A = FES -2 CONCRETE EN ASEMENT sT-1 PER CITY STAN ARD DETAILS U) 370 370 0+00 -0+50 0+50 1+00 1+50 2+00 ®2 2 % CB -15 to FES -5 Profile FINISH GRADE 0 N Z I W ~ cn W N Q N^ J (O 00 J L� 6j r) jUP5;z; w0�>� Ll- U E: I 3 .7 LF 24 HDPE ® 0.74% AS BUILT OUTLET STRUCTURE ROCK BLAN - EXISTING EXISTING -SEWER MAIN -0+50 0+00 0+50 1+00 Detention Pond Outlets Profile A +50 8+00 8+50 9+00 CB -14 to FES -2 Profile 0 50' 100' HORIZONTAL SCALE 0 10' 20' VERTICAL SCALE 49n CB -14 CATCH BASIN 420 N RIM: 39 3.80 INV IN:389.00 ST -9 INV IN:390.00 ST -17* INV 0 T:388.90 ST -1 INV 0 T:388.10 ST- 00 Q m i z � w cn o � w 0 Q Moo J r7 00 �'.' -'400 I U r7— m �- zoo>cn B-14 U END OF PHASE 1 WATER SS -7B FES -2 MAIN sT-1 U) CONCRETE ENCA EMENT 37.2 LF PER CITY STANDA D 24" CP DETAILS ®2 2 % AS -BL ILT *NOT YET CONSTRUCTED i PHASE 2) 380 +50 8+00 8+50 9+00 CB -14 to FES -2 Profile 0 50' 100' HORIZONTAL SCALE 0 10' 20' VERTICAL SCALE 49n 2+50 2+00 1+50 1+00 0+50 Phase 1 Water Main Profile 0+00 -0+50 RECORD DRAWNG NOTES THE SANITARY SEWER, STORM SEWER, AND WATER MAIN INFORMATION INDICATED HEREON HAS BEEN VERIFIED IN THE FIELD AND IS CONSIDERED TO BE RECORD INFORMATION. THE SANITARY SEWER WYE INFORMATION INDICATED HEREON WAS PROVIDED BY THE CITY OF CAPE GIRARDEAU INSPECTORS, AND IS SUBJECT TO ANY INACCURACIES IN THOSE NOTES. V z V z 5-- `W /N Y� O 0) N M' �p0Lo Z cMcOo Lucy) U J `O Q U � X (D J Z °' Q c �� 0 ♦♦ ^^ cu ca o V 0)C) co c � 0 Z U C M 1Y � Lu W W 0 bj Lu >_ U a Z U rn 0- V z W t z O� rVnJ � — O J (n J U O o L Q cj� 0c)F- 0 (D (D U) CO Q Q ZzoO Q ern � w WO� v / O J a _jU~C) Z w wJ U wwOofQ � 5 Q 0 0 N� W J b W = C/) w U) CL d Z a J O O J = U J Q O° U Z 410 N 0 Q Q 400 U END OF PHASE 1 WATER MAIN U) \ FIRE HYDRANT w 390 ST 21 SS -1A EXISTING WATER MAIN 380 Lu 1.5' MI 45° BENDS H 370 2+50 2+00 1+50 1+00 0+50 Phase 1 Water Main Profile 0+00 -0+50 RECORD DRAWNG NOTES THE SANITARY SEWER, STORM SEWER, AND WATER MAIN INFORMATION INDICATED HEREON HAS BEEN VERIFIED IN THE FIELD AND IS CONSIDERED TO BE RECORD INFORMATION. THE SANITARY SEWER WYE INFORMATION INDICATED HEREON WAS PROVIDED BY THE CITY OF CAPE GIRARDEAU INSPECTORS, AND IS SUBJECT TO ANY INACCURACIES IN THOSE NOTES. V z V z 5-- `W /N Y� O 0) N M' �p0Lo Z cMcOo Lucy) U J `O Q U � X (D J Z °' Q c �� 0 ♦♦ ^^ cu ca o V 0)C) co c � 0 Z U C M 1Y � Lu W W 0 bj Lu >_ U a Z U rn 0- V z W t z O� rVnJ � — O J (n J U O o L Q cj� 0c)F- 0 (D (D U) CO Q Q ZzoO Q ern � w WO� v / O J a _jU~C) Z w wJ U wwOofQ � 5 Q 0 0 N� W J b W = C/) w U) CL d Z a J O O J = U J Q O° U Z 0 U U) w Lu H 0 w STORM SEWER AND WATER PROFILES KELS PJCT NO. OWNR PJCT NO. 36251 DESIGNED BY MG DRAWN BY SHEET NO. AR CHECKED BY DATE MG R4.0 Staff: Casey Brunke P.E., City Engineer Agenda: 6/19/2017 SUBJECT An Ordinance to amend truck routes within the City of Cape Girardeau, Missouri by amending Traffic Schedule W of the City Code. BACKGROUND/DISCUSSION Staff recently reviewed Schedule W - Truck Routes and noticed routes that needed updating. The attached ordinance repeals some routes that are no longer needed and establishes a few routes to make reasonable connections and loops. Truck routes being removed include routes that were established for the old Mississippi River Bridge on Morgan Oak Street and routes that are now State routes. Currently all State and Federal routes are established as truck routes. Staff is not proposing to change this. Please refer to the attached map to see the truck routes that will be in place if the attached ordinance is approved. FINANCIAL IMPACT It is not anticipated that any signage will need to be installed. Public Works crews would install or modify any signage if needed. STAFF RECOMMENDATION Staff recommends Council amend Traffic Schedule W as stated in the summary attachment as it relates to Truck Routes in the City of Cape Girardeau. /_71ir_T41:IJil=1►k�'5 Name Description: ❑ Truck Routes 2017.doc Ordinance ❑ Truck Route Amendments.doc Ord Info ❑ TruckRoutes StreetMap 36x46 June2017.pdf Truck Route Map BILL NO. 17-89 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE W OF SECTION 26-137 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, RELATING TO TRUCK ROUTES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Those portions of Schedule W of Section 26-137 of the Code of Ordinances of the City of Cape Girardeau, Missouri, which established truck routes in the City of Cape Girardeau, Missouri, at the following locations: William Street, from Kingshighway to Ellis Street. South Sprigg Street, from Independence Street South. Main Street, from Fourth Street to Mason Street. Aquamsi Street, from Missouri Route 74 to Willow Street. Ellis Street, from William Street to Morgan Oak Street. Morgan Oak Street, from Ellis Street to South Sprigg Street. Willow Street, from Aquamsi Street to Fountain Street. Fountain Street, from Willow Street to Elm Street. Sprigg Street, from Independence Street to Lexington Avenue. Lexington Avenue, from Sprigg Street to Big Bend Road (Highway 177) are hereby repealed. ARTICLE 2. Schedule W of Section 26-137 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by establishing truck routes in the City of Cape Girardeau, Missouri, at the following locations: 1 William Street, from Kingshighway to Aquamsi Street Aquamsi Street, from Fountain Street to William Street Fountain Street, from Aquamsi Street to Elm Street Sprigg Street, from South Kingshighway (Old Highway 61) to Shawnee Parkway (Highway 74) ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4. This ordinance shall take effect and be in force from and after ten days after its final passage and approval. PASSED AND APPROVED THIS DAY OF , 2017. ATTEST: Bruce Taylor, Deputy City Clerk 2 Harry E. Rediger, Mayor Truck Route Amendments Ord Info Schedule W — Truck Routes REPEAL CHA-2366 5-18-98 3. William Street, from Kingshighway to Ellis Street. CHA-2366 5-18-98 5. South Sprigg Street, from Independence Street South. CHA-2366 5-18-98 8. Main Street, from Fourth Street to Mason Street. CHA-2366 5-18-98 9. Aquamsi Street, from Missouri Route 74 to Willow Street. CHA-2366 5-18-98 10. Ellis Street, from William Street to Morgan Oak Street. CHA-2366 5-18-98 11. Morgan Oak Street, from Ellis Street to South Sprigg Street. CHA-2366 5-18-98 12. Willow Street, from Aquamsi Street to Fountain Street. CHA-2366 5-18-98 13. Fountain Street, from Willow Street to Elm Street. CHA-2366 5-18-98 16. Sprigg Street, from Independence Street to Lexington Avenue. CHA-2366 5-18-98 17. Lexington Avenue, from Sprigg Street to Big Bend Road (Highway 177). 101 William Street, from Kingshighway to Aquamsi Street Aquamsi Street, from Fountain Street to William Street Fountain Street, from Aquamsi Street to Elm Street Sprigg Street, from South Kingshighway (Old Highway 61) to Shawnee Parkway (Highway 74) A y B yCy D y E y F y G y H y I J tSC� •� � ... 4 ; i CITY Of CAPE TRE urrrtox' I R A R D E A U ? � J A C K S O-- RO.638 �� C O • . ----------- 61 CO RD 618 c� T k R te ruc o u s 0 \j ---- Ai c 0 r RO E W / th th 1RAIL RCO RT wi in e 2I. t �� _� 2 + -+ -� G l! 1 t�• �0 O N Ct y fC P G d o a e irar eau C 1-J 0 REVISIONS � p CYPRESS DR. a O CO J RD. 642 JAY4 , � � \V`-/ f 1 2017 JACKSON � � GOLFCO 4-- GOLF COURSE /� � � or une 3 oil -+} , CAPE ! r SPCR TSP LEX } ! � +'+ I �-{♦., r+µ�� I R p r I � .1 _t.; SSOU N _ JJJd�5''.:. CAPE COUNTY ti : �+^Ya ,RFK NORTH �.i _- BO U TI I I CO F O O 6 - - a- {--_-- VETERAN'S ♦. 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V�/ O PARK I CAPA PARS W THEAS GASLIGHT MISSOURI ACADEMIC �LL OFISLE CAPRI CASINO l 6 6 K ��P yo rFS 1 15 \ HOSPnA HO�ELPARK o¢ / MEPARK 4 � _- >k"•s .ew, CAPE OLD RIMER / CEMTERY I 1 I ��_� J' y EAGLE RIDGE CHRISTIAN SCHOOL • ��/_�j COA CHATEAU L CENTRAL MIDDLE SCHOOL ,, IIee 6 air rt r' � ,.v.�...t )))fff A ''//O GIRARDEAU ARMORY - CAPECENTRAL ' J�ISCHOO GH FRANKLIN ,SCHOOL - SCHOOL R / LEGEND 'A INp EPENDE AD I1 ', ` - O v� // �� \I NCE \� v °VB ♦ \� VERFRONT SCWOL w• (PARK III / Truck Routes Schedule W NOTRE DAME HIGHSCHOOL 1 +* \ � 1 HISTORIC Street Centerlines � S N ^ I��' --� OSPRA� O .✓^ O CO.C O. R D_ 2 Q 3 �� O `L I I W L I i T � F.S. # FED. PD CRTHSE - DOWNTOWN H� _� _Z jN/S Hospitals Addressing Line =, '■' 0 URTAUGH r�PARK ' G L ` Fire &Police Stations CO TMPfiY Mississippi River • ,�'� O t �` cn _ �', ym CAPE MORG i Trails Water Body ♦ WEST I I LACROIX m N O PAR K MALL \ O �\ I r� i , OAK 6WTEASIMRSGD / ----; n n Bike Lane f 7 7 \ / /� V� rn //V \ �4 \ STATEUNNERSIN RIVER CAMPUS % ILLINOIS Jackson, City Limits •� O r, IGHWAY I Parks --- --- /� Scott City, City Limits IJ BA%GNYwLAGE /�``J t' SHAWNEE / Cape Girardeau, City Limits ` l PIONEER PARK � I I - STATE ^ -� Ii J COMPLEX �L �� ooW MISS1, \Tdl ae� a ;- - - - - - - - - - IMOBILE I Cape Girardeau County Limits HOME PARK • ^ - A'44 V \Y, COUNTY ACTON HEALTH S H I L_ -_-_-_-_-I ♦ VI/� - __ - __. 1 % DEPT. AGENCY `SAT) Q� q Z �/ C0 - - -- PIYEWpDD `nI t` O 1 2 Miles O. D• O R 2 0 > U' EXpR � 03 1:17,300 s i �� Qj" � � SOOT O '�? ! RA PUBLIC WORKS STATTIONION i' , Created by: Development Services CITY Q CAPE IRARDEAU Teresa Heifner, Alliance Water Resources 8 j rata SEWAGE TREATMENT `, i \ Date: 6/8/2017 Data source(s): Layers provided by the City of Cape _ PLANT City of Cape Girardeau Government, MO Girardeau are to be used for visual aid only I j \\ and are not guaranteed to be accurate. Coordinate System: NAD 1983 StatePlane Missouri East FIPS 2401 Feet w� f t,��R=� CAPE CENTRAL HIGHSCHOOL These layers are not to be used for any j! I \ PATH: G:\ArcProjects\Teresa_Kysor\Street_Maps\Truck_Routes_reconfiguring\TruckRoutes_StreetMap_36x46_June2017.mxd engineering or design purpose. ! � ---- - -�� P GRAU TION ALA I R RDE U ND \ LO y \ d N' j V DALHOUSIE !� GOLFCOURSE TP �rIllinois O \\ �\ 2 s y \ l- 1\ I � .--- ' 1. A \ \� Street Index -r4 A� 7 TER H I PLANT #2 H I G Y O. H�GHWA ��. M o• , s ,r A C C Continued F Continued J M O continued R Continued S Continued W Continued AStreet, D2 Abbey Rd, D4 C Street, C2 Calera, B2 County Road 657,13 Cousin St, F7 Fort St, F7 W Fort St, F7 EJackson Blvd, A3, 63 Madison St, F5 Ottawa Ln, F4 Roberts St, G5 Strathpeffer Dr, B9 Westfield Dr, D6 James Ct, E5 Magnolia Ave, D4, E4 Otter Ln, D9 Robin Hood Circle, E4 Sturdivant St, F7, F8 Westhill Dr, F5 1 ' Academic Dr, F6 AdelineAve, D6 Cambridge Dr, E4 Camel Back Rd, E4 Cresthaven Ln, D8 Crestwood Dr, F5 N Fountain St, F6, G6 S Fountain St, F7 Jan Dr, D7, E7 Many Dr, F5 E Outer Rd N, D11, D12, El Robin Ln, C7 SueAnnes Trail, D3 Weston St, D3 Jane Dr, E5 E Main St, Al Oxford Dr, F5 Rock Creek Ln, C4 Summerfield Way, B1 Westridge Dr, E5, F5 Airport Rd, Dll, E12 Albert Rasche Dr, E5 Camellia Dr, D6, D7 Camp Davis Ln, C4 Cross Creek Ln, F3 Crosshill Court, C9 Fourth St, G5, G6 Fox Hollow Dr, D4 Janet Dr, D5, E5 N Main St, G5, G6 Ozark St, F5 Rockport Dr, B6 E Summerfield Way, B1 Westwood Dr, E4, E5 Jasmine Ln, D4 S Main St, G7 Rockwood Dr, F6 Summit Ridge Dr, F3 Wheelwright DR, E4 - Albert St, E7 Alchemy Ln, F3 Allen Dr, D4 Camino Ct, C5 Cam pster Dr, C7 Cannon Ln, D4 Crown Point Dr, E4 Cuesta Dr, E3 Cypress Ct, C5 Fox Ln, D8 Fox Run, B1 FmnklinAve, F6 Jaycee Dr, D6, E6 Mallard Dr, C5 Rodney Vista Blvd, E5, E6 Sunny Ln, F3 Whispering Oaks, B2 Jean Ann Dr, E5 Mallard Pointe Ln, D2 Rolling Hills Dr, 13 N Sunset Blvd, E6 Whispering Willow Ct, C9 Jefferson Ave, F7 Maple St, F7 P Rose St, F6 SSunset Blvd, E7 Whispering Wind Ln, H2 Allendale Dr, E5 Capaha Dr, F6 Cypress Rd, D3, E3 Franks Hill Rd, E3 Jessica Dr, D5 Margaret St, E5 Rosewood Dr, C5 Super Bowl Dr, Cl White Oaks Ln, C9 10 Alpine Dr, A6 Alpine Hills Ln, H3 Alta Vista Dr, F6 Capaha Trail, G5 Capanna, B2 Cape Centre Dr, E7 Franks Ln, B3 N Frederick St, F5, F6 S Frederick St, F7 Jewell Dr, D7 Maria Louise Ln, D6, E6 Rotary Dr, E4 Surrey Ln, E4 Whitelaw Ave, E6 Jim Drury Way, B3 Mericopa Ln, F3 N Pacific St, F6 Rush H Limbaugh Jr Mem. Dr, D12 Susan Ln, D5, D6 Whitelaw Ln, E6, F6 John E Godwin Jr Memorial Dr, D12 Marie St, F6 S Pacific St, F7, F8 Rusmar St, E8 Sussex Dr, D4 Whitener St, D6, E6, F6 ti Alumni Dr, F5 Amblewood Dr, E4, F4 Cape Hills Dr, F4Fremont Cape LaCroix Rd, C3, C4, D4 D Dr, E3 Frogs Leap, B2 Johnson St, G5 Marietta St, E5 Paiute Ln, D2 Rust Ave, E8 Sycamore Circle, D6 Wigwam Ln, C4 Jonquil Ln, E5 Marilyn Dr, D5 Palomino Dr, D4 Sylvan Ln, G5 Wild Horse Trail, D4 1 0 Amethyst St, F6 Cape May Dr, D4 JUlie Dr, C6 Marlin Dr, G5 Pamela Dr, D4 Wildwood Ln, F5, F6 "IAnnwood Andrew Dr, D4 Anna St, E6, F6 Dr, C5 Cape Meadows Circle, G5 Cape Rock Circle, H5 ECape Rock Dr, G5, H4, H5 D Street, C2 Dalhousie Dr, B9 Darby Circle, B5 Juniper Dr, D6 Marquette Dr, D9 N Park Ave, F6 Wlliam St, C7, D7, E7, F7, G7 Jurie St, E6 Marroseann Dr, D6 SPark Ave, F6, F7 Wlliamsburg Dr, D4, E3, E4 Marsha Kay Dr, E6 Park Dr, G6 S Willow Bend Dr, B2 T� Anthony Dr, E4 N Cape Rock Dr, E5, E6 David St, D4, D5 G Martin Ct, E5 Park Hill Dr, 13 Willow St, F7 NI S� Antler Ridge, F3 Aqua msi St, F7, G7, G8 Arabian Dr, D4 W Cape Rock Dr, E5, F3, F4, F5, G3, Cape West Parkway, C7, D7 Cardrona Dr, B9, B10 G4 Dearmore Ct, C5 Dearmont Ct, F6 Deer Creek Ln, C3 Garden Ln, G5 Gardenia Ln, D7, E7 Marvin St, D5, E5 Park Place Dr, D7 Sac Ln, H4 Talbott, B2 Willowbrook Bend, B5 Mary Ann St, F5 Parker Dr, F6 Sacajawea Ln, D3 Tanglewood Dr, F3 Wilson Rd, E8 K Mason St, F6, G6 Parklane Dr, A6 Saddlegate Ct, D4 Tanner Dr, E7 Wndwood Lake Dr, C9 J, , I <; Armstrong Dr, C8, D8 Caribou Ct, C5 Deer Creek Rd, C3 Ga met Ln, B5 Masters Dr, E5 Parkmor Dr, E4 Saddleddge Ln, D4 Tara Ln, B2 Windy Hill Ln, F3 °po Arnold Dr, C7 Arrowhead Ct, C5 Carolewood Dr, C5 Carolina Ln, D4 Deer Run Trl, F4, F5 Deerfield Ln, B5 Garrett Dr, G5 Georgia St, E5, F5 Kage Hills Dr, C5 McDonald St, E5 Parksite Dr, E4 Sailer Circle, F5 Tecumseh Ln, G3 Winner's Circle, D4 Kage Rd, C5, D5 McKenna Dr, G5 Parkview Dr, F6 Sandia Ln, Cl Terrace Dr, F6 Winterfield Circle, B1 SP�PQ EpN I Asher St, F7 Ashland Hills Dr, C5 Ashley Dr, Cl, C2 Carolyn Dr, E5 CarondaletAve, D4 Carriage Crossing, D4 Deevers Crossing, G4 Delaware Place, E4 Delwin St, E4, E5 Gerhardt St, E8 Giboney Ave, F7, F8 Gina Dr, E4 Karau Ln, E5, E6 Meadowbrook Apt Ln, D3, D4 Parkway Dr, F7 Sandstone Ln, C6 Terrapin Rd, F4 E Winterfelo Circle, B1 Karen Dr, E5 Meadowbrook Ln, D9 Park West Heights Dr, D6 Sapphire Ln, E4 Terrie Hill Rd, E6 Wintergreen Dr, D3, D4 Kell Farm Dr, C7, C8 Meadow Lark Ln, D7 Partridge Ct, D3 Sara Dr, D4 Terry Ln, E6 Wishbone Way, B1 NoN No�N 0oW- (__-__-__-__-__-_---------------------\ DIVERSION CHANNEL ----_------- ; Aspen Dr, D6 I Audrey St, E5 � I Autopark Dr, E7 Carter St, F5 Caruthers Ave, E6 Casquin Dr, F5 DePaul Ln, G4 Derbyshire Ln, D4 Destination Blvd, D4 Girardeau Ct, D6 Gizmo Ln, H3 Glenrid 9 Dr, E5 Keller Ave, E6, F6 Meadow Ln, E5 Patricia St, D5 Saratoga Ave, E4 Teton Ln, G3 Wisteria Dr, D6 Kenneth Dr, D4 Mechaw Dr, G5 Patriot Dr, D4, D5 Scenic Dr, C4 Themis St, D6, E6, F6, G6 Wolfa Kensington ViLn, C8 9 ton Ln, C9 Meek and Humble Ln, C3 Paul Revere Dr, D4, D5 Scenic View Ln, H3, H4 Thllenius St, E6 Wolverine Rd, D8 ACCESS ddff '\ I Autumn Dr, E4 Castle Rock, C2 Dkie Blvd, D4 Glenview Dr, D5, D6 Kent Dr, D4 Megan Dr, C4 Peach Tree St, E5 Scherer Ln, F5 Third St, F8, G6 Woodbine Place, D5, D6 ,I Autumn Leaf Dr, B1 Catalina Dr, A6 Doctors Park Dr, D7 Golden Eagle Ct, C4 Kenwood Dr, C5 Mellissa Ln, E4 Pear St, F7 Schonhoff Ln, D6 Thomas Dr, D5 Woodhaven Rd, E4 I \ I EAutumn Leaf Dr, B1 I Azalea Ln, D7 Caufield Dr, D5 Cecilia St, E6, F6 Dogwood Dr, D6, F4, F5 Dogwood St, B2 Golden St, E7 Good Hope St, E7, F7, G7 Kevin Dr, D4 Melody Ln, F4 Pear Tree Ct, C4 Scivally Dr, E5 Tillaree Ln, E5 Wood hollow Ct, D4 Keystone Dr, D5 Melrose Ave, D5, E4 Pearl St, F6, G6 Scott St, E5, F5 Timber Creek Dr, F4 Woodland Dr, F6 S Cedar Hills Ln, H4 Cedar Ln, D6 Cedar Ridge Ln, H4 Donna Ln, G5 Dorothy St, D5 Dover Ln, E5 Gordonvtle Rd, D6, D7 Grandview Dr, D4, D5 Granite Dr, C5 Kimberly Dr, D6 MerriwetherSt, E6, E7, F7, G7 Pebble Ln, B5, B6 Scott's Ln, G5 Timber Ln, E5 Woodland Hills Dr, E4 Kingfisher Ct, C9 Meyer Dr, E4 Peek Ln, D3 Second St, G6, F8 Timber Ridge Place, F3 Woodlawn Ave, E6, F6 Kingsbury Dr, D5 N Middle St, F6 Peironnet Dr, G5 Seminole Ln, G3 Tmberlane Dr, D5 Wood rock Dr, F3 Cemetery Rd, E6 Drury Ln, E5 Grant St, C8 N Kingshighway, B3, B4, C4, D4, S Middle St, F7 PemiscotSt, E6, F6 Same District Fair Dr, D6 Timmer Ln, D7 Woods View Dr, G4 BStreet, C2 Centennial Dr, G5 Champion Dr, C7 Dry Creek Circle, B2 Dumalne Ave, E4, F4 Greek Dr, F6 Greek Dr Extension, F6 D5, E5, E6 Mill St, F6, G6 Penny Ave, E6 Sena Fawn Dr, F4 Timon Way, G4, G5 Woodside Dr, G4 S Kingshighway D9, E6, E7, E8 Mill View Xing, C5, C6 Penny Ln, E7 Sequoyah Ln, G3 Timothy Cir, D4 Wyandot Ln, H2 NASH INDUSTRIAL LEAD 7 I ' I Baker Farm Circle, C4 I Baldwin Dr, B1, B2 Chandelier Dr, C7 Charles St, D6 Dumais Dr, G5 Dunklin St, E6, F6 Green Acres Dr, G5 Greenbrier Dr, A6, E4 S KingshighwayAccess St, E8 Mimosa Dr, D6 Penrod Place, D7 Shadow Circle, D5 Tomahawk Ln, G4 Kingston Ave, B4 Minnesota Ave, E6, E7, E8 Pequot Ln, B2 Shadow Ridge Dr, G3, G4 Touchdown Dr, B1 NASH R D 1 I I Balfron Dr, B9 Ballentine, B2 i Barberry St, D7 Chateau Dr, D6 Cheetah Ln, E4 Cheney Dr, F6 Dux Landing Rd, D2 Greenway Dr, E5 Kingsway Dr, D5, E5, E6 Minute Men Way, D4 Percy Dr, C6, D6 Shadow Wood Ln, D5 Towa Ln, G4 10wanis Dr, E6 Mississippi St, F5 Perry Ave, F5, F6 Shady Ln, F3 Tower Ridge, B1 v Koch Ave, E7 N Missouri Ave, F5, F6 Perryville Rd, D3, D4, E4, E5, F5 Shaggy Bark Ln, D3 Towers Circle, F6 I . f- ---- = I Baystone, B2 Cherry Hill Circle, F6 Koerber Dr, E4 S Missouri Ave, E7, F7 Petroleum Rd, F9 Shamrock Cir, D6 Transfer Station Rd, F9 M I S S O R I ROUTE A 3 � _----------------- Beaudean Ln, F7, F8 Beachwo ek n, C5, D5 Beechwood Ln, C8 Chesapeake Ave, E4 Chesley w D7 Chickasaw Ln, H4 E I" I Kurre Ln, D5 Monterey Dr, D3 Pheasant Cove Dr, C5, D5 Sharon Dr, D6 Trenton Ln, E4 Yorktown Dr, E4 Monterre, 62, t, N Pindwood Ln, D6 Shawano Country Ln, C2 Trillium Ln, C9 Montgomery St, E7 S Pindwood Ln, D6 Shawnee Parkway, D7, D8, E7, F7, G7 Tulip Ln, E5 Bel -Air Dr, E5, F5 Bella Vista Dr, E3 Chimney Rock, B2 Chinook Ln, H4 EStreet, C2 Eagle Ridge Dr, C5 Hackberry St, F8 Haddock St, E5 Monticello Ln, F5 Pine Hitl Spur, C4 Shenandoah Ridge, C6 Tunica Ln, G4 Morgan Oak Ln, G3 Pintail Pointe, D2 Shepherd Ln, D2 Turtle Ln, E3, E4 L Belleau Dr, E3 Christine St, E7 Earleen Dr, D4 N Hanover St, F6 Morgan Oak St, F7, G7 Pioneer Dr, D8 Sheridan Dr, E6, E7 Tuscarora Ln, H2 11 N BellBridge Pike, D4, D5 Bellevue St, F6, G6 Chrysler Ave, D6 Claiborne Ln, B2 East Lake Dr, B5, C5 East Riverside Dr, D5 S Hanover St, F6, F7 Harlan Circle, G5 N MountAubum Rd, D5, D6 Platinum Ct, C5 Sherri Dr, D6 Twin Lake Ct, B5 La Cruz St, F8 S Mount Auburn Rd, D6, D7, D8 S Plaza Way, E6, E7 Sherwood Dr, E4, E5 i ` '"-"'� ' Benjamin Ct, E5 Benton Hill Rd, B8, C8 Benton Hill Trace, C8 N Benton St, F6 Clark Ave, E5, E6 Cloverdale Ranch Rd, B2 Cobblestone Ct, B8, C8 Cody Ln, D2 East Rodney Dr, E5, D5, D6 East View Ridge Dr, C4, C5 Eden Circle, G5 Eden Way, F4, F5, G5 Harmony St, F6 Hart Dr, C7 Hawthorne Rd, D5, D6 Hazel Dr, D6 La Mesa Dr, D3, E3 Myra Dr, E6 Plymouth Dr, D5, E5 Shirley Dr, C7 La Petite Ct, D6 Poria Ln, 62 Shoshone Ln, G3 La Porte St, D3 Poplar St, F8 Show Me Center Dr, F5 La Terra, B2 Poppy Ln, E6 Show Me Dr, F5 S Benton St, F6, F7, F8 Coker Ln, B1 Edgewood Rd, D7 Hazel St, E6 Lacey St, E6, F6 Potomac Place, E4 Somers Dr, C7, D8 I ! - Bernice St, E3, E4 Bertling St, E5, F5, G5 College Hill Place, F6 College St, E7, F7 EI Rio Dr, E3, D3 Elfrink Dr, F5 Heisman Dr, Cl Helena Ave, E6 Lafayette Place, F6 N Prairie Ln, D3, D4 Sierra Ridge Ln, G3 V. F. W. Dr, E6 Lakeshire Ct, C9 Prestonwood Trails, B2 Silver Campine Ln, D3, D4 Vail Dr, C5, D5 O / '+, J� Bessie St, E6, F6 SCOTT CITY Beth Dr, D4 Bevin Dr, D6 Collins St, D5 Collins Mill Rd, C5, C6 Colonial Dr, F5 Elk Ln, B3, C3 N Ellis St, F6 S Ellis St, F6, F7, F8 Helmsdale Dr, B9 Hemlock Ct, D6 N Henderson Ave, F5, F6 Lakeshore Dr, D3, E3 Nancy Ln, E7 Price Dr, F5 N Silver Springs Rd, D6 Valley Creek Rd, F3 Lakewood Dr, E3, E4 Napa Circle, F7 Princeton Dr, E4 S Silver Springs Rd, D6, D7, D8, D9 Valley Forge Ln, E4 Lakota Ln, F3 Nash Rd, 611, Cll, Dll, Ell Professional Ct, D6 Silverado Trail, B2, C2, C3 Valley Park Dr, 13 V ==1V SPUR BN. :1==1V -,1S111: -1= E.- -'-'-"----------- ______i J ; �/� ' ` Bienville Ave, E4, F4 I Big Bend Rd, G4, G5, G6 Bighorn Ln, H2 Birchwood Ct, F4 Colonial Ln, E4 Columbine Ln, D6 Commercial St, E7, E8 Concord Place, E4 Elm St, F7 Elmwood Ln, B9, C9 Emerald St, F6, G6 Emily Ct, E5 S Henderson Ave, F6, F7 Henry St, E7 Herman St, E7 Heywood Meadows, C4 Lambert Dr, C7 Nenninger Ln, D2 Progress St, E8 SilverthorneTrl, C4, C5 Valley Ln, F3 Landgraf Dr, E5 New Madrid St, E5, F5, F6 Prospect Dr, C4 Simi Ridge, B2 Valley View Ln, C5 Landis Dr, G5 Niemann Dr, E5 Pueblo Ln, C2, C3 Singing Hills Dr, F3 Vangilder Ln, D1, D2 Langholm Rd, B9 Niemeier Ln, D3 Putters Ln, E3 Sioux Ln, G3 Vantage Dr, C4, C5, C6, C7 U) / Bird Song Ln, H3 -~ Blackford Ln, B9 Connor Dr, C5 Conservation Dr, D6 Enclave Circle, F4 End Zone, Cl Hickory St, E7, F8 Hidden Valley Dr, F4 Lapis Ln, C5 Noble Ct, E5 Sloan Creek Ln, F4 Veterans Memorial Dr., Al, B1, A2, Larkspur Ct, C4 Normal Ave, F6 Sonnet Dr, E4 B2, B3, B4, C4, C5 I_ �" '��"`� �� Blattner Dr, D7 Cooper St, F8 Engram St, C6 Highland Dr, C5, C6, F6 La SalleAve, A1, B1, Cl North End Blvd, G6 /� South Lake Dr, B6, C6 Vickie St, E5 \ / O O • Bloomfield Rd, C8, D7, E7 Bloomfield St, E7, F7 Blue Ridge Rd, E5 Bluebird Ln, H3 Copper Dr, D5 Copperfield Ct, B8, C8 Copper's Trail, C4 Cordelia Ave, E6 Enterprise St, D8, E8 Erna St, E5 Esker Trail, C4 Etherton Dr, D7 Hildale Circle, D5 Hill St, G5 Hill Top Ln, F3 Hillbrook Dr, E4, E5 Lasalle St, D3 North Lake Dr, B5, B6 , 1 South St, C2, D2 Victoria Dr, D5 Laurel Ln, D6 North St, C2, D2, F6 Q Southern Expressway, E8, F8 Victory Ln, B1 Lawanda Dr, E5 Northbridge Dr, E4 N Spanish St, G5, G6 Villa Ln, F3 Lear Dr, D6 Northchurch St, D4 Quail Run, C5 S Spanish St, G7 Village Dr, F5 Bordeau Dr, D6 Boulder Crest Dr, C4 Cordova Ln, D6 Cords Way, B9, C9 Evergreen Dr, D3 Evendale Dr, E4 Hillcrest Dr, F6, G4, G5 Hilltop Ridge, J2, J3 Lee Dr, D4 Northridge Dr, C2, D2 Quapaw Ln, B2, C2 N Spanish Street Ct, G6 Village Ln, F3 Legion Dr, F6 Northview Dr, D7 Quarterback Ridge N, Cl Spartech Dr, E6 VincentAve, G5 J '�_-,� V ++ .l - Boutin Dr, C3, D3 Boxwood Dr, D6 Corporate Cir, E8 Cougar Run, C8 Exchange Dr, C6 Expo Way, E6 Hillvale Dr, A6 Hillview St, D7 Leming Ln, E6, E7 Northwoods Ct, G5 Quarterback Ridge S, Cl N Sprigg St, F4, F5, F6 Vincent Park Dr, G5 Leroy Dr, D5, E5 Notre Dame Dr, B6 Quince St, D7 S Sprigg St, D9, E9, F7, F8, F9 Vista Ln, D6 Brandy Ln, C1, C2 Breckenridge Dr, D5 Country Club Dr, G5 Country Ln, B5 Holly Dr, C4, C5 Hollyvale Dr, A6 Lett Ln, C8 Nottingham Ln, E4 Old Sprigg Rd, F5 Lexington Ave, D4, D5, E4, F4, G4 Old Sprigg Street Rd, F3, F4, F5 O O G I R PE E EA i Breeze Ln, F3 Brenda Kay Ct, F8 County Highway 204, Al2, B12, C12 N County Park Dr, C4 Hopper Rd, B5, C5, D5, E5 Liberty St, D3, D4 N Spring Ave, E6 W Horseshoe Ridge, D4 Limbaugh Ln, B3 R S Spring Ave, E7 -`"�-~�`�`�,.,,` x„�,` REGIONALAIRPORT Brenda Ln, G5 Brentwood Dr, C5 S County Park Dr, C4 County Road 203, A7, 67, C7 F Houck Place, F6 Howell St, E5 Limestone Ln, B1 Springview Place, D6 Linden St, F7, F8 O Springwood Ln, C9 �,s t ------ Briarcliff Dr, F4 Briarwood Dr, E4 County Road 205, B9, B10, C8, C9 County Road 206, A6, A7, B7, B8, C8 F Street, C2 Fairlane Dr, E5 Huddle Up, Cl Hunter's Ln, C4 Linebacker Run, B1, Cl Rambler Dr, Cll Spruce St, D6 Walden Blvd, C4 Lions Way, D6 Oak Glenn, B2 Rampart St, D4, D5 St Francis Dr, D7 Walden Pond Way, C4 12 I ������ `- 1 �_� Bridlepath Ct, D4 Brink Ave, E7 Brister Hill Dr, C4 County Road 208, A8, B8 County Road 211, A9, Al County Road 220, Al Fairview Dr, E5 Fairway Blvd, F4, G4 N Farrar Dr, C6, D6 Huntington Dr, E5, F5 Hunze Dr, D5 Hutson Dr, G5 Lisa Dr, D4, E4 Oak Hills Dr, F4, F5 Ranchito Dr, E5 Stag Pointe, C5 Walker St, E6 Locust St, ET F7, F8 Oak Lei Dr, F4 Rand St, G5 Stanwood Dr, E5 Waller Ln, F3 Lombardo Dr, E5 Oak Ln, G5 Ran dol Ave, E5 State Highway 177, G4, H3, H4, 11, 12, 13 Walnut St, E7, F7 ti}�\ '"'�-� � Brister Hill Way, C4 Britle Ridge, B2 s County Road 306, A2, B2 County Road 313, B4, B5 S Farrar Dr, C6, C7 Fawn Dr, C5 Longview Dr, E4, E5 Oak Ridge Ct, C5 Randol Dr, E4 State Highway 74,A110, B10, C10, D7, D8, Worsen St, D3 Longview Place, E6 Oakenwold, G5 S Ranney Ave, F7, F8 D9, D10, E7, F7, G7 Washington Ave, F6 12 roadview St, E6 County Road 314, A5, B5, C5 4 N Lorimier St, G6 Oakland St, C6 Rec Center Dr, F5 State Highway K, 7 N ' G6 S Broadview St, E6, E7 Broadway, E6, F6, G6 Brookshire Rd, E4, F4 County Road 316, A4, B3, B4 County Road 317, C6 County Road 318, A4, A5, A6 da eDr. E4 Ferndale Fifth St, G5 First St, G6 I Watkins Dr, F6 S Lorimier St, G7 Oadane Dr, A6 Recardo Dr, E5State Highway W, C1, D2C 3C 4 Watkin Lorraine Dr, C6 Oakley Dr, F5 Redbud Circle, D6 Stephen Dr, D5 Wayne St, F5 Louis St, E7 Oakshire Circle, F3 Redwood Dr, D6 Stepping Stone Way, B2 E Weissinger Ln, E4 Brookside Dr, A6 Brookwood Dr, ES County Road 618, B1, B2, Cl, D1, D2 County Road 620, B2, B3, C3 Fitzgerald Dr, G5 Flad Ave, D4 IllinoisAve, F6 Independence St, C6, D6, N Louisiana Ave, F6 O'Connell Dr, G5 Red Zone Ln, Cl Steven Dr, E4 W Weissinger Ln, E4, E5 E6, F6, G6, G7 S LouisianaAve, F7 Old Commerce Rd, F9, F10 Renfrew Dr, B9 Stewart Dr, D5 Welch Pass, G3 Broyles Ln, B5 Bruch. r St, F5 County Road 621, D1, D2, D3 County Road 634, F1, G1 Flagstone Dr, B8 Flint Hill Rd, G5 Indian Pine Ln, G3 Industrial Dr, E8 Lowe's Dr, C7 Old Hopper Rd, C5, D5 Revlon Dr, D5 Stoddard Ct, E5 Wellington Ln, C9 Luce St, D6, E6, F6 Old Mill Dr, C5, C6 Richmond Dr, C7, D7 Stoddard St, E5, F5 West Dr, D6, D7 Brunston Dr, B9 Brunswick Ct, B1 �„✓ Buckeye Circle, D3 Bunker Hill Dr, E4 County Road 635, G2, G3, G4, H1, H2 County Road 638, D2, E1, F1, G2 County Road 640, H2, H3, 13 County Road 642, D3, E3 Flora Hills Dr, D5 Football Ln, F5, F6 Ford Dr, E5 Forest Ave, E5, E6 Innovation Way, A1, B1 Interstate -55, Al, A2, B2, C6, C7, D7, D8, D9, D10, Lyndhurst Dr, E5, F5 Old Route V, H4 Ridge Dr, F7 Stonebridge Dr, CS N West End Blvd, F5, F6 B3, B4, C4, C5, Lynnwood Dr, D5, E5 Old Sprigg Rd, F5 Ridgeway Dr, E5 Stone Chase, B2 S West End Blvd, F6, F7, F8 Dll, D12, E12 Lynwood Hills Dr, C4, D4 Old Sprigg Street Rd, F3, F4, F5 Ripley St, F5 Stone Creek Dr, D2 West Fort St, F7 Olive St, F6, G6 Ritter Dr, E6 Stone Crest, Bl West Ln, T C O R D 204 SCOTT CO. R D . 2 0 4 Butler St, F5 County Road 645, E1, E2, E3 Forest Ln, F3 ml Olivia Dr, G4, G5 Rivercrest Dr, G5 Stone Hill, 62 West Lorimier Place, G6 • • '" Business Park PL, Al County Road 646, G3 Forest View Dr, F5 Omaka Springs, B2 Rivermont Dr, G6 Stone Meadow Dr, B1 West Mount Dr, D5 --r County Road 651, 12, 13, J2 County Road 653,13 S Forester Dr, A6 W Forester Dr, A6 Onyx Ln, B6 Riverview Dr, G5 Stonebridge Dr, C8 West Point Place, E4 Optimist Dr, D6, E6 River Ridge Ln, H4 Stony Point, E4 West Rodney Dr, D5, D6 A B A C A D A E A F A G A H A I AJ Staff: Casey Brunke P.E., City Engineer Agenda: 6/19/2017 SUBJECT An Ordinance to establish handicapped parking stalls on Main Street between 4th and 5th Streets and in the downtown area, in the City of Cape Girardeau, Missouri by amending Traffic Schedule T of the City Code. BACKGROUND/DISCUSSION City Staff received an inquiry regarding handicapped parking stalls on Main Street between 4th and 5th Streets, near 1301 Main Street. Upon researching the Traffic Schedules, it appears the handicapped parking stalls were never established, though signage is installed. The attached ordinance establishes the handicapped parking stalls that are currently signed. Recently, Main Street was improved from Broadway to Independence Street. Handicapped parking stalls were signed as part of the parking layout. The attached ordinance establishes two parking stalls on Main Street, one between Broadway and Themis Street and one between Themis Street and Independence Street. In addition, two handicapped parking stalls are striped on Main Street in front of Hutson's Fine Furniture. After review of the Traffic Schedule, these stalls appear to never have been established. The attached ordinance establishes these two handicapped parking stalls. FINANCIAL IMPACT Establishing the handicapped parking stalls will require no direct funding. Signage is in place for the handicapped parking stalls near 1301 Main Street. The contractor for the Downtown Sidewalk project installed the handicapped parking stall signage on Main Street between Broadway and Independence Street. The handicapped parking stalls in front of Hutson's Fine Furniture have existing signage. STAFF RECOMMENDATION Staff Recommends the City Council amend Schedule T of the Traffic Ordinance as stated in the summary attachment as it relates to establishing handicapped parking stalls on Main Street. ATTACHMENTS: Name: Description: ❑ Main Street Handicapped Parkina 2017.doc Ordinance ❑ Main Street Ordinance Info HC Parking Stalls.doc Ord Info ❑ Main Downtown HC Parking Stall.pdf Location Map - Downtown ❑ 1301 Main HC Parking Stall.pdf Location Map - 1301 Main BILL NO. 17-92 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY ESTABLISHING HANDICAPPED PARKING ALONG A PORTION OF MAIN STREET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Schedule T of Section 26-260 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by establishing handicapped parking along a portion of Main Street between 4th Street and 5th Street, in the City of Cape Girardeau, Missouri, at the following locations: Main Street, west side, beginning at a point 160 feet north of the intersection of Main Street and Fourth Street, and continuing northward for a distance of 43.5 feet (two handicapped parking stalls) along the west curb line of Main Street and then terminating. Main Street, west side, beginning at a point 35 feet north of the intersection of Main Street and Independence Street, and continuing northward for a distance of 19.5 feet along the west curb line of Main Street and then terminating. Main Street, west side, beginning at a point 38 feet north of the intersection of Main Street and Themis Street, and continuing northward for a distance of 22 feet along the west curb line of Main Street and then terminating. Main Street, west side, beginning at a point 129 feet north of the intersection of Merriwether Street and Main Street, and continuing northward for a distance of 22 feet along the west curb line of Main Street and then terminating. Main Street, west side, beginning at a point 135 feet north of the intersection of Merriwether Street and Main Street, and continuing northward for a distance of 22 feet along the west curb line of Main Street and then terminating. 1 ARTICLE 2. 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 3. This ordinance shall take effect and be in force from and after ten days after its final passage and approval. PASSED AND APPROVED THIS DAY OF , 2017. Harry E. Rediger, Mayor ATTEST: Bruce Taylor, Deputy City Clerk 2 Main Street Handicapped Parking Stall Ordinance Info Schedule T — Handicapped Parking 1011 D►L�/ Main Street, west side, beginning at a point 160 feet north of the intersection of Main Street and Fourth Street, and continuing northward for a distance of 43.5 feet (two handicapped parking stalls) along the west curb line of Main Street and then terminating. Main Street, west side, beginning at a point 35 feet north of the intersection of Main Street and Independence Street, and continuing northward for a distance of 19.5 feet along the west curb line of Main Street and then terminating. Main Street, west side, beginning at a point 38 feet north of the intersection of Main Street and Themis Street, and continuing northward for a distance of 22 feet along the west curb line of Main Street and then terminating. Main Street, west side, beginning at a point 129 feet north of the intersection of Merriwether Street and Main Street, and continuing northward for a distance of 22 feet along the west curb line of Main Street and then terminating. Main Street, west side, beginning at a point 135 feet north of the intersection of Merriwether Street and Main Street, and continuing northward for a distance of 22 feet along the west curb line of Main Street and then terminating. City of Cape Girardeau Traffic Schedule T Proposed Amendment on Main Street - Downtown Area I THEM/S N W+ E S X i 1420 1430 Z 1423 Q 1426 CitvCat)eof Girardeau 0 KI Traffic Schedule T Proposed Amendment on 133 Main Street - 1301 Main Street O �QQ O 1407 1337 0 1401 0 417 \ 1338 0 o AQP O 1332 1328 0 1320 O 1321 jo i 1310 O , 1223 O 1237 O 1340 O 1336 0 0 304 1420 O 1416 0 O 1408 0 1408 0 1408 1406 O O 1343 • 1337 1327 0 O 1323 P N W+ E S Staff: Ryan Shrimplin, AICP - City Agenda: Planner 6/19/2017 SUBJECT An Ordinance approving the record plat of Cape West Village Fourth Subdivision. EXECUTIVE SUMMARY The attached ordinance approves the record plat of Cape West Village Fourth Subdivision. BACKGROUND/DISCUSSION A record plat has been submitted for Cape West Village Fourth Subdivision, located on Richmond Drive. The subdivision is zoned RUMD (Residential Urban Mixed Density). The plat resubdivides five existing lots to establish four new lots. A variance is shown for a reduced rear yard setback along the east line of Lot 10. In addition, an exception is shown for the omission of the required 10 foot utility easement along the east line of Lot 10. Staff supports both requests in order to keep Lot 10 consistent with the other lots in the subdivision, and because there are no existing or proposed utilities along the lot line. 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 14, 2017 meeting, recommended approval of the record plat with a vote of 7 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name ❑ Cape West Village Fourth.doc Description: Ordinance ❑ Staff Review -Referral -Action Form - Cape West Village Fourth Subdivision.pdf Cape West Village Fourth Subdivision - Staff RRA Form ❑ Map - Cape West Village Fourth Subdivision.pdf ❑ Application - Cape West Village Fourth Sub..pdf ❑ S17060 -CAPE WEST 4TH.pdf Cape West Village Fourth Subdivision - Map Cape West Village Fourth Subdivision - Application Cape West Village Fourth Subdivision - Record Plat BILL NO. 17-95 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF CAPE WEST VILLAGE FOURTH SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Cape West Village Fourth Subdivision, a re -subdivision of Lots 27-31 of Cape West Village, Plat Book 20 - Page 98, lying in a part of United States Private Survey No. 175, Township 30 North, Range 13 East, of the 5th Principal Meridian, in the City and County of Cape Girardeau, State of Missouri, submitted by Weiss Park, Inc., bearing the certification of R. Christopher Bowen, a Registered Land Surveyor, dated June 12, 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 GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Cape West Village Fourth Subdivision LOCATION: Richmond Drive STAFF REVIEW & COMMENTS: A record plat has been submitted for a four (4) lot subdivision along Richmond Drive. SEE STAFF REPORT FOR MORE DETAILS. City Pla er Date City o tie Date AGEKREFERRAL TO THE P City Manager RECOMMENDED ACTION: C" Planning & Zoning Commission COMMENTS: CITIZENS COMMENTING AT MEETING: Bruce Ski er ate Fav Oppose Abstain ❑ ❑ lel ❑ ❑ ❑ ❑ 0"' ❑ ❑ Abstain Planning & Zoning Commission Secretary City Council Action Ordinance 1" Reading Ordinance 2nd & 3Yd Reading.- ORDINANCE eading: ORDINANCE # Effective Date: Favor Oppose Abstain Trae Bertrand U ❑ ❑ Scott McClanahan Larry Dowdy ❑ ❑ ❑ Bruce Skinner Jeff Glenn ❑ ❑ Doug Spooler Kevin Greaser ❑ ❑ Tom Welch Patrick Koetting ❑ ❑ ❑ VOTE COUNT: Favor Oppose COMMENTS: CITIZENS COMMENTING AT MEETING: Bruce Ski er ate Fav Oppose Abstain ❑ ❑ lel ❑ ❑ ❑ ❑ 0"' ❑ ❑ Abstain Planning & Zoning Commission Secretary City Council Action Ordinance 1" Reading Ordinance 2nd & 3Yd Reading.- ORDINANCE eading: ORDINANCE # Effective Date: Cape West Village Fourth Subdivision Record Plat CO Arnold Dr Champion O Richmond Dr N W+ r E S �,Arw CITYOf CAPE G I R A R D E A U Created by: Development Services Carol Peters Legend May 10, 2017 Cape West Village Fourth Subd. 0 105 210 420 Feet 0 Parcels -ye, Earthstar Geographics, CNES/Airbus pping, Aerogrid, IGN, IGP, swisstopo, and �I SUBDIVISION PLAT APPLICATION �o m CITY Of CAPE GIRARDEAU *TH110111111 BDEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 BAL Name of Subdivision Type of Plat: Preliminary, Record, or Boundary Adjustment Cape West Village Fourth Subdivision Record Plat Applicant Property Owner of Record (if other than Applicant) Drury Southwest, Inc. Weiss Park, d/b/a Dmart Homes Mailing Address City, State, Zip Mailing Address City, State, Zip 101 S. Farrar Drive Cape Girardeau, 63701 101 S. Farrar Drive Cape Girardeau, 63701 Telephone Email Telephone Email 335-3134 ahenry@drurysw.com 335-3134 ahenry@drurysw.com Contact Person (If Applicant is a Business or Organization) (Attach additional owners information, if necessary) Adrienne Henry Professional Engineer/Surveyor (if other than Applicant) Developer (if other than Applicant) Chris Bowen, PLS Mailing Address City, State, Zip Mailing Address City, State, Zip 2121 Megan Drive Cape Girardeau, 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: Review Fee (payable to City of Cape Girardeau) REQUIRED 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. v/ Recording Fee Deposit (payable to City of Cape Girardeau) Sheet Size Record Plat Boundary Adiustment 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 re ing of the record plat. Applicant Signature d Printed Name OFFICE USE ONLY Y Date Received & By 7 MUNIS Application No. Planning & Zoning Commission Recommendation City Council Final Action Date Revised 08/11/2016 LUCIA I IUN MAF' SURVEY NOTES: THIS SURVEY CREATES A NEW 4 LOT SUBDIVISION FROM THE PARENT TRACT RECORDED IN BOOK NO. 1212 AT PAGE NO. 145 RECORD PLAT CAPE WEST VILLAGE FOURTH SUBDIVISION A RE -SUBDIVISION OF LOTS 27-31 OF CAPE WEST VILLAGE, PLAT BOOK 20 - PAGE 98, LYING IN A PART OF UNITED STATES PRIVATE SURVEY NO. 175, T 30 N, R 13 E, OF THE 5th P.M. CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI SURVEY MONUMENT NOTES: O - PREVIOUSLY SET 1/2" IRON PIN (NO CAP) O - SET 2" ALUMINUM MONUMENT PACO1\ ll�_Les l��] �� LTA�_1M[0]kjI RUMD, RESIDENTIAL URBAN MIXED DENSITY DISTRICT USE: DUPLEX MINIMUM LOT SIZE: 3,750 SQ. FT. MINIMUM WIDTH: 20' RNV O - SET 1/2" IRON PIN MAXIMUM DENSITY: 12 UNITS PER 1 ACRE _ ---------- MAXIMUM BUILDING HEIGHT: IF SIDE YARD IS GREATER --.---------- THAN OR EQUAL TO 15' - 3 STORIES (45 FEET) to -- IF SIDE YARD IS LESS THAN 15'- 2 1/2 STORIES (35 FEET) RAW I _CHgMPION DR VE - MINIMUM YARD & BUILDING SETBACK REQUIREMENTS: N (0'RFRONT-20FEET - REAR - 20 FEET MEASURED DIMENSIONS SHOWN WITHOUT PARENTHESES �••� I _ "t- SIDE - 3 FEET DEED OR RECORD DIMENSIONS SHOWN WITH PARENTHESES I '� BUILDING SETBACK LINES NOT LABELED ARE 3 FEET 1 W N (14,120 SQ. FT.) N: : o: - LOT 28 .......20'13 SL .. a RECORD PLAT OF CAPE WEST VILLAGE AS RECORDED o LOT 9 �' IN PLAT BOOK NO 20 AT PAGE NO 98 I 0 0 0^ (12,360 SQ cov: - LOr27 o w(9 �a w �W N g O N ~ �a w Ico w• FT.) CHORD LOT 8 ONLINE MAPPING RECORDS FOR CAPE GIRARDEAU COUNTY ! Q I 27° 23'19" 52.89' w: - 02,360 SQ. FT.) :cov BASIS OF SURVEY DATUM - NAD83, M.S.P.C. ZONE 2401 EAST- (110.64) (27-23'19-) / (26.96) _- R/W . (S 68°43'24"W) CORS STATION MOJK OF THE MoDOT GPS RTK NETWORK i I I I - NUMBER OF LOTS: 4 S 75° 26'28" W CORPORATION. I j I NOW OR FORMERLY I WEISS PARK I I SMALLEST LOT SIZE: NOW 12,360 Sq. Ft. (LOTS 8 & 9) LATITUDE 37°24'44.45833" NORTH LONGITUDE 089 3900.22114 WEST 25' '- BOOK OK 1212 -PAGE 145 I OR FORMERLY I LARGEST LOT SIZE: DONALD & ERNA 14,120 Sq. Ft. (LOT 10) 1 SUBJECT PROPERTY LIES IN ZONE X, AN AREA DETERMINED I 25, (56.167 I K. TREASE I N:N E ELLIPSOID HEIGHT 383.98 U.S. SURVEY FEET I I I I DOC. N0.2009-13411 I NOW OR FORMERLY .o NORTHING 575,956.0987 U.S. SURVEY FEET I G WEISS PARK EASTING 1,067,057.151 U.S. SURVEY FEET ! '�I I A I P.O. B P E I I BOOK 1212 -PAGE ELEVATION 477.03 U.S. SURVEY FEET I "'Z� . � NW CORNER, LOT 31, LOT I W E S T I 145 AS PUBLISHED ON NATIONAL GEODETIC DATA SHEETS, ! I 16 j ,CAPE WEST VILLAGE I UI I LOT 17 I L A 6 E I RETRIEVAL DATE FEBRUARY 04, 2015 AND CONVERTED 0 I PLAT BOOK 20 -PAGE 98 I I I FROM METERS TO U.S. SURVEY FEET. I 4-)I I LUT EXIST. I ! I (x/85°01'35"W 30' SAN SEWER, UTILITY EASEMENT, P NAGE I LOT 19 SURVEY CLASS -URBAN j i 66.00' 52.00 N 84' 35' 11" WLAT BOOK 20 - PAGE NO, gg I A VARIANCE IS SHOWN FOR A REDUCED REAR YARD SETBACK ! I 118.00, 38.00' I 444.00'ir I 65.00' � I ALONG THE EAST LINE OF LOT 10. I I CO ...... . ......20• 103.00' 3 1.00 72.00' I AN EXCEPTION IS SHOWN FOR THE OMISSION OF THE REQUIRED w 1 BSL • .................. : LOT 31 LOT .. • . • • • . • 201 to 24.00' `-+ 103.00' (96.04) 96.00' 10 FOOT UTILITY EASEMENT ALONG THE EAST LINE OF LOT 10. ; uJ I - - 30: :. BSL ............... I REFERENCES � CO I '' : o = LOT 10 0- _ LOT 29 • • • ' ' 20' BS L ...•.....•.....•..• 120.00' 1 W N (14,120 SQ. FT.) N: : o: - LOT 28 .......20'13 SL .. a RECORD PLAT OF CAPE WEST VILLAGE AS RECORDED o LOT 9 �' IN PLAT BOOK NO 20 AT PAGE NO 98 I 0 0 0^ (12,360 SQ cov: - LOr27 o w(9 �a w �W N g O N ~ �a w q LOT 7 (13,507 SQ. FT.) SHOWN ON FLOOD INSURANCE RATE MAP, COMMUNITY PANEL - _ 20 BSL - - 0: Or �;c- z • 85.86' -- .. ........... J. r - - 1--: 1-- 85-86' 290031CO262E, WHICH BEARS AN EFFECTIVE DATE OF I 20 BSL JO: JO SEPTEMBER 29, 2011. ............ . .. S84°35'11"E f _ EXIST. 10' WATER & UTILITY EASEMENT 01'35"E) 103.00' LEGEND ! PLAT BOOK 20 - PAGE_N_O. 98 352.04' SUBDIVISION BOUNDARY LINE I - - - _ _ _ -----------RICHMOND _ _ _ _ _ RICH (352.04) CENTERLINE - -- - - - I i - _MOND DRIVE EXISTING RIGHT OF WAY LINE - - _ - N BUILDING SET BACK LINE j I �•' - - --. EXISTING EASEMENT LINE j I i ----__.__ _ _ _ N NEW EASEMENT LINE --------- j ! - ' _ EXISTING TRACT LINE - - - - - - - 1 EXISTING SUBDIVISION LINE - - - - - I O' N j CURVE DIMENSION TABLE C0 co a0 w 0 z o z � = N LU Z 0 0 Z 0 U � a C7 ui GRAPHIC SCALE 0' 40' 80' 120' 160' I NO. Ico w• FT.) CHORD LOT 8 ONLINE MAPPING RECORDS FOR CAPE GIRARDEAU COUNTY ! Q I 27° 23'19" 52.89' w: - 02,360 SQ. FT.) :cov APPEARED CAROLYN BOHNERT WHO, BEING BY ME DULY SWORN, DID SAY THAT (110.64) (27-23'19-) (52.89) (26.96) (52.39) (S 68°43'24"W) HTTP:HEMAPS.EMAPSPLUS.COM/STANDARD/CAPEGCOMO.HTML 20.00' 39° 56'41" 0 7.27' 13.66' S 75° 26'28" W CORPORATION. 0/ CO CO o. - (7.27) N- (S 75° 00'05- W) FLOODPLAIN INFORMATION 35.00' '- Z 36.21' O Vo 1 SUBJECT PROPERTY LIES IN ZONE X, AN AREA DETERMINED I O;O �� :-' 20'BSL (56.167 a�:N O~:p Z- N:N E TO BE OUTSIDE THE 0 2°/ ANNUAL CHANCE FLOODPLAIN AS """"• • • J. _j.o .o q LOT 7 (13,507 SQ. FT.) SHOWN ON FLOOD INSURANCE RATE MAP, COMMUNITY PANEL - _ 20 BSL - - 0: Or �;c- z • 85.86' -- .. ........... J. r - - 1--: 1-- 85-86' 290031CO262E, WHICH BEARS AN EFFECTIVE DATE OF I 20 BSL JO: JO SEPTEMBER 29, 2011. ............ . .. S84°35'11"E f _ EXIST. 10' WATER & UTILITY EASEMENT 01'35"E) 103.00' LEGEND ! PLAT BOOK 20 - PAGE_N_O. 98 352.04' SUBDIVISION BOUNDARY LINE I - - - _ _ _ -----------RICHMOND _ _ _ _ _ RICH (352.04) CENTERLINE - -- - - - I i - _MOND DRIVE EXISTING RIGHT OF WAY LINE - - _ - N BUILDING SET BACK LINE j I �•' - - --. EXISTING EASEMENT LINE j I i ----__.__ _ _ _ N NEW EASEMENT LINE --------- j ! - ' _ EXISTING TRACT LINE - - - - - - - 1 EXISTING SUBDIVISION LINE - - - - - I O' N j CURVE DIMENSION TABLE C0 co a0 w 0 z o z � = N LU Z 0 0 Z 0 U � a C7 ui GRAPHIC SCALE 0' 40' 80' 120' 160' I NO. RADIUS DELTA LENGTH TANGENT CHORD BEARING 1 110.64' 27° 23'19" 52.89' 26.96' 52.39' S 69° 09'47" W APPEARED CAROLYN BOHNERT WHO, BEING BY ME DULY SWORN, DID SAY THAT (110.64) (27-23'19-) (52.89) (26.96) (52.39) (S 68°43'24"W) 2 20.00' 39° 56'41" 13.94' 7.27' 13.66' S 75° 26'28" W CORPORATION. (20.00) (39° 56'4 V7 (13.94) (7.27) (13.66) (S 75° 00'05- W) 3 35.00' 91 ° 56'27" 56.16' 36.21' 50.33' N 38° 36'58" W (35.00) (91- 56'27-) (56.167 (36.21) (50.33) (N 39° 03'21 " W) Bowen ENGINEERING & SURVEYING Consulting Engineers • Land Surveyors • Testing Laboratories Bowen Engineering & Surveying, P.C. Engineering Corporation - Missouri State Certificate of Authority #000383 Land Surveying Corporation - Missouri State Certificate of Authority #000166 2121 Megan Drive Cape Girardeau, MO 63701 Ph 573 339 5900 Fax 573 339 1391 www.bowenengsurv.com DRAWN BY: JAR CHECKED BY: RCB SCALE: 1" = 40' CAICE FILE: S131002IP DATE: MAY 25, 2017 JOB NO. S17-060 S17060.DGN 18' GZ SUBDIVISION DEDICATION WE, THE UNDERSIGNED, WEISS PARK, INC., A MISSOURI CORPORATION, OWNERS OF LOTS 27-31 OF CAPE WEST VILLAGE, PLAT BOOK 20 AT PAGE 98, LYING IN A PART OF UNITED STATES PRIVATE SURVEY NO. 175, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT NO. 31, CAPE WEST VILLAGE AS RECORDED IN PLAT BOOK NO. 20 AT PAGE NO. 98 OF THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE, SAID POINT BEING ON THE EAST RIGHT OF WAY LINE OF CHANDELIER DRIVE; THENCE S 07'21'16" W, 83.86 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 35.00 FEET, AND A CENTRALANGLE OF 91 ° 56'27"; THENCE IN A SOUTHWESTERLY AND SOUTHEASTERLY DIRECTION ALONG SAID CURVE AND RIGHT OF WAY LINE, 56.16 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF RICHMOND DRIVE; THENCE S 84° 3611" E, 352.04 FEETALONG SAID NORTH RIGHT OF WAY LINE TO THE BEGINNING OF A CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 20.00 FEET, AND A CENTRAL ANGLE OF 39° 56'41 "; THENCE IN A SOUTHEASTERLY AND NORTHEASTERLY DIRECTION ALONG SAID CURVE AND RIGHT OF WAY LINE, 13.94 FEET TO THE BEGINNING OF REVERSE CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 110.64 FEET, AND A CENTRALANGLE OF 27° 23'19"; THENCE IN A NORTHEASTERLY DIRECTION ALONG SAID CURVE AND RIGHT OF WAY LINE, 52.89 FEET TO THE SOUTHEAST CORNER OF LOT NO. 27, CAPE WEST VILLAGE; THENCE N 05' 24'49" E, 92.16 FEET TO THE NORTHEAST CORNER OF SAID LOT NO. 27; THENCE N 84° 35'11" W, 444.00 FEETALONG THE NORTH LINES OF LOT NOS. 27-31, CAPE WEST VILLAGE TO THE POINT OF BEGINNING, CONTAINING 1.20 ACRES, MORE OR LESS. HEREBY DECLARE THAT WE HAVE CAUSED SAID LAND TO BE SUBDIVIDED INTO LOTS AS NUMBERED AND DESIGNATED ON THIS PLAT, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS HEREBY NAMED "CAPE WEST VILLAGE FOURTH SUBDIVISION". THE UTILITY rn EASEMENTS SHOWN HEREON ARE HEREBY DEDICATED TO THE CITY OF UJ CAPE GIRARDEAU, MISSOURI IN PERPETUITY FOR PUBLIC PURPOSES, a INCLUDING THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, o AND EXPANSION OF CITY WATER AND SEWER SYSTEMS, AND AS MAY BE m AUTHORIZED BY THE CITY OF CAPE GIRARDEAU, MISSOURI TO BE USED BY a A PUBLIC OR PRIVATE UTILITY FOR PURPOSES RELATED TO THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF SUCH UTILITY SYSTEMS. IN WITNESS WHEREOF, SIGNED THIS ____________ DAY OF ----------------------------• 2017, A.D. F - co Lu I------------------------------------------------------------------ LU a CAROLYN BOHNERT, VICE PRESIDENT U WEISS PARK, INC. d RNV - SET 1/2" IRON PIN N 532,494.486 ' E 1,086,659.643 '. NAD83, M.S.P.C. ZONE 2401 EAST U.S. SURVEY FEET C.A. = 00'33'18.01588" S.F. = 1.000014554 STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU) SS FILED FOR RECORD THIS DAY OF _ - , 2017 A.D AND DULY RECORDED IN DOCUMENT NO_ ________________________________________ ------------------------------------------------------------------------------------------------------------------------------------------ ANDREW DAVID BLATTNER, CAPE GIRARDEAU COUNTY RECORDER OF DEEDS IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL THIS ...... ____......... DAY OF ............. _...... ___ A.D., 2017 NOTARY PUBLIC MY TERM EXPIRES I--------------------------------------------------------------- CITY CLERK OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI BY ORDINANCE NO. ____________________ PASSED AND APPROVED THIS _________ DAY OF -------------------------- 2017, A.D. --------------------------------------------------------------------------------- CITY CLERK OF CAPE GIRARDEAU, MISSOURI SURVEYOR'S CERTIFICATION THIS IS TO CERTIFY THAT AT THE REQUEST OF DSW, INC. THE TRACTS SHOWN HEREON WERE SURVEYED UNDER MY DIRECT SUPERVISION, AND THE RESULTS OF SAID SURVEY ARE REPRESENTED CORRECTLY ON THIS PLAT. SAID SURVEY WAS EXECUTED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS OF THE MISSOURI DEPARTMENT OF AGRICULTURE, DIVISION OF WEIGHTS AND MEASURES. THERE MAY EXIST OTHER DOCUMENTS THAT COULD AFFECT THIS PARCEL, OF WHICH AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. IN WITNESS WHEREOF, I HEREUNTO SET MY SEAL AND SIGNATURE THIS DAY OF 2017 A.D. R. CHRISTOPHER BOWEN MO. P.L.S. #2232 -D STATE OF MISSOURI ss COUNTY OF LU r ---------------------------------) Z BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY N APPEARED CAROLYN BOHNERT WHO, BEING BY ME DULY SWORN, DID SAY THAT 0 d O I SHE IS THE VICE PRESIDENT OF WEISS PARK, INC, A MISSOURI CORPORATION, 0 o U AND THAT SHE EXECUTED THE WITHIN RECORD PLAT ON BEHALF OF SAID Z i CORPORATION, AND ACKNOWLEDGED TO ME THAT SHE EXECUTED THE SAME FOR THE PURPOSES THEREIN STATED AS THE FREE ACT AND DEED OF SAID - RNV CORPORATION. RNV - SET 1/2" IRON PIN N 532,494.486 ' E 1,086,659.643 '. NAD83, M.S.P.C. ZONE 2401 EAST U.S. SURVEY FEET C.A. = 00'33'18.01588" S.F. = 1.000014554 STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU) SS FILED FOR RECORD THIS DAY OF _ - , 2017 A.D AND DULY RECORDED IN DOCUMENT NO_ ________________________________________ ------------------------------------------------------------------------------------------------------------------------------------------ ANDREW DAVID BLATTNER, CAPE GIRARDEAU COUNTY RECORDER OF DEEDS IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL THIS ...... ____......... DAY OF ............. _...... ___ A.D., 2017 NOTARY PUBLIC MY TERM EXPIRES I--------------------------------------------------------------- CITY CLERK OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI BY ORDINANCE NO. ____________________ PASSED AND APPROVED THIS _________ DAY OF -------------------------- 2017, A.D. --------------------------------------------------------------------------------- CITY CLERK OF CAPE GIRARDEAU, MISSOURI SURVEYOR'S CERTIFICATION THIS IS TO CERTIFY THAT AT THE REQUEST OF DSW, INC. THE TRACTS SHOWN HEREON WERE SURVEYED UNDER MY DIRECT SUPERVISION, AND THE RESULTS OF SAID SURVEY ARE REPRESENTED CORRECTLY ON THIS PLAT. SAID SURVEY WAS EXECUTED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS OF THE MISSOURI DEPARTMENT OF AGRICULTURE, DIVISION OF WEIGHTS AND MEASURES. THERE MAY EXIST OTHER DOCUMENTS THAT COULD AFFECT THIS PARCEL, OF WHICH AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. IN WITNESS WHEREOF, I HEREUNTO SET MY SEAL AND SIGNATURE THIS DAY OF 2017 A.D. R. CHRISTOPHER BOWEN MO. P.L.S. #2232 Staff: Ryan Shrimplin, AICP - City Agenda: Planner 6/19/2017 SUBJECT An Ordinance approving the record plat of Edgewood Highlands Subdivision Phase 9. EXECUTIVE SUMMARY The attached ordinance approves the record plat of Edgewood Highlands Subdivision Phase 9. BACKGROUND/DISCUSSION A record plat has been submitted for Edgewood Highlands Subdivision Phase 9, located at 5 Camellia Drive. The subdivision is zoned R-1 (Single -Family Suburban Residential). The plat combines two tracts into one lot. The plat shows variances for reduced setbacks along the east and west lines of Lot 1. Staff supports the variances due to the position of the existing house on the lot. 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 14, 2017 meeting, recommended approval of the record plat with a vote of 7 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: ❑ Edaewood Hiholands Plat.doc CI Staff Review -Referral -Action Form - Edaewood Highlands Subdivision Phase 9.odf Mao - Edaewood Highlands Sub Phase 9.0f El Application - Edgewood Highlands Phase 9.odf ❑ S 17075.0f Description: Ordinance Edgewood Highlands Subdivision Phase 9 - Staff RRA Form Edgewood Highlands Subdivision Phase 9 - Map Edgewood Highlands Subdivision Phase 9 - Application Edgewood Highlands Subdivision Phase 9 - Record Plat BILL NO. 17-96 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF EDGEWOOD HIGHLANDS SUBDIVISION PHASE 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Edgewood Highlands Subdivision Phase 9, a subdivision being a part of Lot 4 and all of Lot 5, Block 2 of Edgewood Highlands Subdivision as recorded in Plat Book No. 5 at Page No. 43, in the City and County of Cape Girardeau, State of Missouri, submitted by Edward B. Pikes, Jr., bearing the certification of R. Christopher Bowen, a Registered Land Surveyor, dated June 12, 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 GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Edgewood Highlands Subd. Phase 9 LOCATION: Camellia Drive & Edgewood Road STAFF REVIEW & COMMENTS. A record plat has been submitted to combine two (2) lots at the southeast corner of Edgewood Road and Camellia Drive. SEE STAFF REPORT FOR MORE DETAILS. City lainer' Date r City ey Date RECOMMENDED ACTION.• Planning & Zoning Commission COMMENTS: Favero Oppose Abstain U ❑ ❑ ❑ ❑ Ld ❑ ❑ ❑ ❑ Abstain CITIZENS COMMENTING AT MEETING: Bruce Skinner Planning & Zoning Commission Secretary City Council Action Ordinance I" Reading Ordinance 2nd & 3Yd Reading. ORDINANCE # Effective Date: Fav r Oppose Abstain Trae Bertrand ❑ ❑ Scott McClanahan Larry Dowdy ❑ . ❑ ❑ Bruce Skinner Jeff Glenn ❑ ❑ Doug Spooler Kevin Greaser ❑ ❑ Tom Welch Patrick Koetting ❑ ❑ ❑ VOTE COUNT: Favor Oppose COMMENTS: Favero Oppose Abstain U ❑ ❑ ❑ ❑ Ld ❑ ❑ ❑ ❑ Abstain CITIZENS COMMENTING AT MEETING: Bruce Skinner Planning & Zoning Commission Secretary City Council Action Ordinance I" Reading Ordinance 2nd & 3Yd Reading. ORDINANCE # Effective Date: Edgewood Highlands Subdivision Phase 9 Record Plat Helm SUBDIVISION PLAT APPLICATION �c CITY CfGIRARDEAU ` THE "10 * 1 8"11 DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Name of Subdivision Type of Plat: Preliminary, Record, or Boundary Adjustment EDGEWOOD HIGHLANDS SUBDIVISION PHASE 9 Record Plat Applicant Property Owner of Record (if other than Applicant) Edward B. Pikes, Jr. Mailing Address City, State, Zip Mailing Address City, State, Zip 5 Camellia Drive Cape Girardeau, 63701 Telephone Email Telephone Email 651-3742 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) Chris Bowen, PLS Mailing Address City, State, Zip Mailing Address City, State, Zip 2121 Megan Drive Cape Girardeau, 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 Review Fee (payable to City of Cape Girardeau) Q 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. �/ 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 rec g of the record plat. f Applicant Signature a4,0rinted Name 5/24/2017 Date OFFICE USE ONLY Date Received & By MUNIS Application No. Planning & Zoning Commission Recommendation Date City Council Final Action Date Revised 08/11/2016 LOCATION MAP SURVEY NOTES: THIS SURVEY CREATES A NEW ONE LOT SUBDIVISION FROM THE PARENT TRACT RECORDED IN BOOK NO. 834 AT PAGE NO. 094 VARIANCES ARE SHOWN FOR REDUCED SETBACKS ALONG I oo ao I , THE EAST AND WEST LINES OF LOT 1 1 I j � ! BLOCK NO. 1 I I FOUND 1" IRON PIPE (HELD) re LOT2 SE CORNER, LOT 3, BLOCK NO. 1, i I I I EDGEWOOD HIGHLANDS SUBD. I I I PLAT BOOK NO. 5 AT PAGE NO. 43 I 50' 1I I FOUND 112" IRON III 1 i I ! PIPE (HELD)------------------------ - - - - - - - - O - - - I I I I_ ------ E -- 238.92' i_ -- ----------'N 83° 11' 23E (240.01) R/WI 017 (N 84 32 ) _ - - - --------- ----- ------__� MEASURED DIMENSIONS SHOWN WITHOUT PARENTHESES ! I o ; _ — — Llp� pRIVE (50� R/V� DEED OR RECORD DIMENSIONS SHOWN WITH PARENTHESES I ! �.�T -� CAMEL / o y_ 10' UTILITY EASEMENT - - BASIS OF SURVEY DATUM - NAD83, M.S.P.C. ZONE 2401 EAST O.6. 1. CORS STATION MOJK OF THE MoDOT GPS RTK NETWORK IP LOT 5, 165.00 - - _ _ _ I I PREVIOUSLY SET 112" IRON w NW CORNER, N 83° 11' 23' E 165.0') ~ " - I i PIN (PLS 2232), NW CORNER, EDGEWOOD N 84° 32' E) ( I 2, EDGEWOOD LATITUDE 37°24'44.45833" NORTH BLOCK 2, ; _ _ _ _ _ - - ( �1 I o LOT 6, BLOCK NO. PLAT ° HIGHLANDS SUBD. 1 0 I o HIGHLANDS SUBDIVISION, / LONGITUDE 089'39'00.22114" WEST 43 _ I ° cn p.B. 5 - PAGE ; -I LO_T_ 1- - _ _ _ -30' BSi c 1 ° 5 AT PAGE NO. 43 ELLIPSOID HEIGHT 383.98 U.S. SURVEY FEET , Z 1 q _ - - CT cl 1 I N BOOK NO. / NORTHING 575,956.0987 U.S. SURVEY FEET zo H c -30 BSL 0.36 ACRE TRA rl 1 II oo / EASTING 1,067,057.151 U.S. SURVEY FEET ! I, `� (15,644 Sq. Ft.) 1 m / ELEVATION 477.03 U.S. SURVEY FEET I I � 1 ,wW OR I - IMERLY D o / m ' - �! 1 PIKES, JR. N p 1 NIF / j ! I m EDWARD B. 094 m � I (:) MARY JANE SAUER AS PUBLISHED ON NATIONAL GEODETIC DATA SHEETS, �= BOOK NO.834 -PAGE NO. m 1 I o / j Q I m z 1 REVOCABLE TRUST / RETRIEVAL DATE FEBRUARY 04, 2015 AND CONVERTED m `°„ U) 9 LOT 5 - ..F - -1 i DOC. NO. 2004-07616 / FROM METERS TO U.S. SURVEY FEET. ! I a --4r Z....... OT ..... L 4 1 I -7i .............. J I I / 1 I 1� FOUND 318" IRON / SURVEY CLASS - URBAN j O I F III PIN (HELD) / O ' ° 13' 57" W 164.86 S83 IIo / 1 I FOUND 318" IRON 11 I w REFERENCES: O I PIN (HELD) RECORD PLAT OF EDGEWOOD HIGHLANDS SUBDIVISION ! O ! I NOW OR FORMERLY 11 I m AS RECORDED IN PLAT BOOK NO. 5 AT PAGE NO. 43 ! I, i PHILLIP & MARILYN ROOK ER4 11 I 1 ! j BOOK NO. 1125 - PAGE NO: LOT 4 I I FOUND 3/8" IRON PIN (HELD) GENERAL WARRANTY DEED BOOK NO. 834 - PAGE NO. 094 j 'I . . . . . ....... . . • .... ' . ' LOT11 SE CORNER, LOT 4, BLOCK NO. 2, `,......... I GENERAL WARRANTY DEED, BOOK NO. 1125 - PAGE NO. 714 III I EDGEWOOD HIGHLANDS SUBD. DEED OF PERSONAL REPRESENTATIVE DOC. NO. 2004-07616 ! I, i III 11 I PLAT BOOK NO. 5 AT PAGE NO. 43 ONLINE MAPPING RECORDS FOR CAPE GIRARDEAU, COUNTY, I _ http://gis.capecounty.us/taxparceiviewer/ i I'I 1 ------ C K N 110 8 O I v d 1 1— MU) C,W 0 Q z o = N W 0 O O z N 0 U � a C7 C6 g L j I ►_ W 0800 O D H I G H L AP A G E 5 NI IIP S N 0 4 3 I I I E � L E T B O O K N 0 III 3 r� A I I I _moi I I EXISTING 6' EASEMENT �- FOR SERVICE POLE LINES PLAT BOOK 5 - PAGE 43 FLOOD ZONE INFORMATION THE PROPERTY IS IN ZONE X AN AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. THE EFFECTIVE FLOOD INSURANCE RATE MAP FOR THE PROPERTY IS MAP NO. 29031CO266E, DATED SEPTEMBER 29, 2011. GRAPHIC SCALE SURVEY MONUMENT NOTES: QO• - FOUND IRON PIPE (AS SHOWN) O- PREVIOUSLY SET 1/2" IRON PIN 0' 40' 80' 120' 160' O- FOUND 3/8" IRON PIN (HELD) SURVEY LEGEND CENTERLINE RIGHT OF WAY LINE SUBDIVISION PROPERTY LINE ADJOINER'S PROPERTY LINE FORMER LOT LINE BUILDING SETBACK LINE EXISTING EASEMENT LINE PROPOSED EASEMENT LINE SUBDIVISION DEDICATION ���~ >oo�, o M1�l1 -I U RECORD PLAT DATE JUNE 02, 2017 FILE S17075.DGN EDGEWOODHIGHLANDSSULqDIVISIONIIHASE9 Q ,M O' 2 A PART OF LOT 4 AND ALL OF LOT 5, BLOCK 2 OF EDGEWOOD HIGHLANDS SUBDIVISION V +� oAS AND ALL OF LOT 5, BLOCK 2, OF EDGEWOOD HIGHLANDS SUBDIVISION AS RECORDED IN PLAT BOOK NO. 5 AT PAGE NO. 43, DR o MYRA CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI N 2 d m o DR. * OF THE COUNTY RECORDER'S OFFICE, CITY AND COUNTY OF CAPE m ZONING INFORMATION: FOUND 1" IRON PIPE (HELD) _ 3: GIRARDEAU, STATE OF MISSOURI BEING DESCRIBED BY METES AND BOUNDS ZONING: R-1- SINGLE FAMILY SUBURBAN RESIDENTIAL DISTRICT NE CORNER, LOT 3, BLOCK NO. 1, E t 0 AS FOLLOWS: EDGEWOOD HIGHLANDS SUBD. e v NUMBER OF LOTS = 1 PLAT BOOK NO. 5 AT PAGE NO. 43 F N 537,087.342 p PROPOSED LOT SIZE = 0.36 ACRES (15,644 SQ. FT.) - LOT 1 _ _ p E 1,093,393.369 m ER TOTAL AREA OF SUBDIVISION = 0.36 ACRES (15,644 SQ. FT.) _ _ _ _ — — NAD83, M.S.P.C. O R � MAX. HEIGHT. 2-1/2 STORIES NOT TO EXCEED 35 FEET. I ZONE 2401 EAST I Op _ 4IR' U.S. SURVEY FEET I p MIN. LOT AREA: 10,000 SQ. FEET I S.F. = 1.000018710 p I I C.A. = 00°34'09.43488" ' 4 S 06° 39'47" E, 94.91 FEET ALONG THE WEST LINE OF SAID LOT TO MIN. LOT WIDTH: 80 FEET I ZZoI WI `- THE NORTHEAST CORNER OF A TRACT OF LAND RECORDED IN BOOK NO. z MIN. YARD REQUIREMENTS: Io„ 1125 AT PAGE NO. 714; THENCE S 830 13'57" W, 164.86 FEET ' FRONT YARD - THIRTY (30) FEET I IV �"- I -1 EST a- 11tN'� REAR YARD - TWENTY-FIVE (25) FEET SIDE YARD SIX FEET I 00 0 m EL n GO - (6) �I LOCATION MAP SURVEY NOTES: THIS SURVEY CREATES A NEW ONE LOT SUBDIVISION FROM THE PARENT TRACT RECORDED IN BOOK NO. 834 AT PAGE NO. 094 VARIANCES ARE SHOWN FOR REDUCED SETBACKS ALONG I oo ao I , THE EAST AND WEST LINES OF LOT 1 1 I j � ! BLOCK NO. 1 I I FOUND 1" IRON PIPE (HELD) re LOT2 SE CORNER, LOT 3, BLOCK NO. 1, i I I I EDGEWOOD HIGHLANDS SUBD. I I I PLAT BOOK NO. 5 AT PAGE NO. 43 I 50' 1I I FOUND 112" IRON III 1 i I ! PIPE (HELD)------------------------ - - - - - - - - O - - - I I I I_ ------ E -- 238.92' i_ -- ----------'N 83° 11' 23E (240.01) R/WI 017 (N 84 32 ) _ - - - --------- ----- ------__� MEASURED DIMENSIONS SHOWN WITHOUT PARENTHESES ! I o ; _ — — Llp� pRIVE (50� R/V� DEED OR RECORD DIMENSIONS SHOWN WITH PARENTHESES I ! �.�T -� CAMEL / o y_ 10' UTILITY EASEMENT - - BASIS OF SURVEY DATUM - NAD83, M.S.P.C. ZONE 2401 EAST O.6. 1. CORS STATION MOJK OF THE MoDOT GPS RTK NETWORK IP LOT 5, 165.00 - - _ _ _ I I PREVIOUSLY SET 112" IRON w NW CORNER, N 83° 11' 23' E 165.0') ~ " - I i PIN (PLS 2232), NW CORNER, EDGEWOOD N 84° 32' E) ( I 2, EDGEWOOD LATITUDE 37°24'44.45833" NORTH BLOCK 2, ; _ _ _ _ _ - - ( �1 I o LOT 6, BLOCK NO. PLAT ° HIGHLANDS SUBD. 1 0 I o HIGHLANDS SUBDIVISION, / LONGITUDE 089'39'00.22114" WEST 43 _ I ° cn p.B. 5 - PAGE ; -I LO_T_ 1- - _ _ _ -30' BSi c 1 ° 5 AT PAGE NO. 43 ELLIPSOID HEIGHT 383.98 U.S. SURVEY FEET , Z 1 q _ - - CT cl 1 I N BOOK NO. / NORTHING 575,956.0987 U.S. SURVEY FEET zo H c -30 BSL 0.36 ACRE TRA rl 1 II oo / EASTING 1,067,057.151 U.S. SURVEY FEET ! I, `� (15,644 Sq. Ft.) 1 m / ELEVATION 477.03 U.S. SURVEY FEET I I � 1 ,wW OR I - IMERLY D o / m ' - �! 1 PIKES, JR. N p 1 NIF / j ! I m EDWARD B. 094 m � I (:) MARY JANE SAUER AS PUBLISHED ON NATIONAL GEODETIC DATA SHEETS, �= BOOK NO.834 -PAGE NO. m 1 I o / j Q I m z 1 REVOCABLE TRUST / RETRIEVAL DATE FEBRUARY 04, 2015 AND CONVERTED m `°„ U) 9 LOT 5 - ..F - -1 i DOC. NO. 2004-07616 / FROM METERS TO U.S. SURVEY FEET. ! I a --4r Z....... OT ..... L 4 1 I -7i .............. J I I / 1 I 1� FOUND 318" IRON / SURVEY CLASS - URBAN j O I F III PIN (HELD) / O ' ° 13' 57" W 164.86 S83 IIo / 1 I FOUND 318" IRON 11 I w REFERENCES: O I PIN (HELD) RECORD PLAT OF EDGEWOOD HIGHLANDS SUBDIVISION ! O ! I NOW OR FORMERLY 11 I m AS RECORDED IN PLAT BOOK NO. 5 AT PAGE NO. 43 ! I, i PHILLIP & MARILYN ROOK ER4 11 I 1 ! j BOOK NO. 1125 - PAGE NO: LOT 4 I I FOUND 3/8" IRON PIN (HELD) GENERAL WARRANTY DEED BOOK NO. 834 - PAGE NO. 094 j 'I . . . . . ....... . . • .... ' . ' LOT11 SE CORNER, LOT 4, BLOCK NO. 2, `,......... I GENERAL WARRANTY DEED, BOOK NO. 1125 - PAGE NO. 714 III I EDGEWOOD HIGHLANDS SUBD. DEED OF PERSONAL REPRESENTATIVE DOC. NO. 2004-07616 ! I, i III 11 I PLAT BOOK NO. 5 AT PAGE NO. 43 ONLINE MAPPING RECORDS FOR CAPE GIRARDEAU, COUNTY, I _ http://gis.capecounty.us/taxparceiviewer/ i I'I 1 ------ C K N 110 8 O I v d 1 1— MU) C,W 0 Q z o = N W 0 O O z N 0 U � a C7 C6 g L j I ►_ W 0800 O D H I G H L AP A G E 5 NI IIP S N 0 4 3 I I I E � L E T B O O K N 0 III 3 r� A I I I _moi I I EXISTING 6' EASEMENT �- FOR SERVICE POLE LINES PLAT BOOK 5 - PAGE 43 FLOOD ZONE INFORMATION THE PROPERTY IS IN ZONE X AN AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. THE EFFECTIVE FLOOD INSURANCE RATE MAP FOR THE PROPERTY IS MAP NO. 29031CO266E, DATED SEPTEMBER 29, 2011. GRAPHIC SCALE SURVEY MONUMENT NOTES: QO• - FOUND IRON PIPE (AS SHOWN) O- PREVIOUSLY SET 1/2" IRON PIN 0' 40' 80' 120' 160' O- FOUND 3/8" IRON PIN (HELD) SURVEY LEGEND CENTERLINE RIGHT OF WAY LINE SUBDIVISION PROPERTY LINE ADJOINER'S PROPERTY LINE FORMER LOT LINE BUILDING SETBACK LINE EXISTING EASEMENT LINE PROPOSED EASEMENT LINE SUBDIVISION DEDICATION ���~ >oo�, o M1�l1 -I U JOB NO. S17-075 DATE JUNE 02, 2017 FILE S17075.DGN CAICE S031312IP Q ,M f 2 THE UNDERSIGNED, EDWARD B. PIKES, JR., OWNER OF A PART OF LOT 4 f0 OM M 7 M g +� t0 n, � AND ALL OF LOT 5, BLOCK 2, OF EDGEWOOD HIGHLANDS SUBDIVISION AS m Ln Ln c Oo RECORDED IN PLAT BOOK NO. 5 AT PAGE NO. 43 OF THE LAND RECORDS N 2 d m o W * OF THE COUNTY RECORDER'S OFFICE, CITY AND COUNTY OF CAPE 0 >cn J o GIRARDEAU, STATE OF MISSOURI BEING DESCRIBED BY METES AND BOUNDS t 0 AS FOLLOWS: N v ¢ o 02 (80 BEGINNING AT THE NORTHWEST CORNER OF LOT NO. 5, BLOCK NO. 2, oLS • 62 I E EDGEWOOD HIGHLANDS SUBDIVISION, SAID POINT BEING ON THE SOUTH UI o T v u RIGHT OF WAY LINE OF CAMELLIA DRIVE; THENCE N 83° 11'23" E, z 165.00 FEET ALONG SAID SOUTH RIGHT OF WAY LINE TO THE NORTHWEST `L CORNER OF LOT NO. 6, BLOCK NO. 2 OF SAID SUBDIVISION; THENCE w = v =1g S 06° 39'47" E, 94.91 FEET ALONG THE WEST LINE OF SAID LOT TO `- THE NORTHEAST CORNER OF A TRACT OF LAND RECORDED IN BOOK NO. z o 1125 AT PAGE NO. 714; THENCE S 830 13'57" W, 164.86 FEET O3 m ALONG THE NORTH LINE OF SAID TRACT TO THE EAST RIGHT OF WAY LINE nn rrV in 0 m EL n OF EDGEWOOD ROAD; THENCE N 06'44'47" W, 94.79 FEETALONG z � c U SAID EAST RIGHT OF WAY LINE TO THE POINT OF BEGINNING, W cLU c CONTAINING 0.36 ACRES, MORE OR LESS. 3 M HEREBY DECLARE THAT I HAVE CAUSED SAID LAND TO BE SUBDIVIDED INTO "' ONE LOTAS NUMBERED AND DESIGNATED ON THIS PLAT, WHICH ISATRUE c AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS HEREBY U NAMED "EDGEWOOD HIGHLANDS SUBDIVISION PHASE 9". THE UTILITY EASEMENTS SHOWN HEREON ARE HEREBY DEDICATED TO THE CITY OF CAPE O GIRARDEAU, MISSOURI IN PERPETUITY FOR PUBLIC PURPOSES, INCLUDING THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION w cc G OF CITY WATER AND SEWER SYSTEMS, AND AS MAY BE AUTHORIZED BY THE CITY OF CAPE GIRARDEAU, MISSOURI TO BE USED BY PUBLIC OR PRIVATE v! UTILITY FOR PURPOSES RELATED TO THE INSTALLATION, MAINTENANCE, J U-1 Q Q REPAIR, REPLACEMENT, AND EXPANSION OF SUCH UTILITY SYSTEMS. � w IN WITNESS WHEREOF, SIGNED THIS DAY OF 20_, A.D. Q Q mWLJ_ ----------------------------------------------------------------------------- O EDWARD B. PIKES, JR. 1 W Q STATE OF MISSOURI ) U W ss COUNTY OF ) Q BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTY AND STATE, APPEARED w EDWARD B. PIKES, JR., KNOWN TO ME TO BE THE PERSON DESCRIBED HEREIN, U WHO DID EXECUTE THE FOREGOING INSTRUMENT AND WHO ACKNOWLEDGED DESCRIPTION DATE THAT HE EXECUTED THE SAME AS HIS FREE ACT AND DEED. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL THIS DAY OF 20- A.D. NOTARY PUBLIC MY TERM EXPIRES Copyright© 2017 by Bowen Engineering & Surveying, P.C. I, , CITY CLERK OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI BY ORDINANCE NO. PASSED AND APPROVED THIS DAY OF 20_, A.D. CITY CLERK OF CAPE GIRARDEAU, MISSOURI STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU ass FILED FOR RECORD THIS ____________________ DAY OF ----------------------------------------- 20_A.D. AND DULY RECORDED IN DOCUMENT NO_________________________________________________________________ ------------------------------------------------------------------------------------------------------------------------------------------ ANDREW DAVID BLATTNER, CAPE GIRARDEAU COUNTY RECORDER OF DEEDS SURVEYOR'S CERTIFICATION THIS IS TO CERTIFY THAT AT THE REQUEST OF EDWARD B. PIKES, JR. THE TRACT SHOWN HEREON WAS SURVEYED UNDER MY DIRECT SUPERVISION, AND THE RESULTS OF SAID SURVEY ARE REPRESENTED CORRECTLY ON THIS PLAT. SAID SURVEY WAS EXECUTED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS OF THE MISSOURI DEPARTMENT OF AGRICULTURE, DIVISION OF WEIGHTS AND MEASURES. THERE MAY EXIST OTHER DOCUMENTS THAT COULD AFFECT THIS PARCEL, OF WHICH AN ACCURATE AND CURRENT TITLE SEARCH MAY JOB NO. S17-075 DATE JUNE 02, 2017 FILE S17075.DGN CAICE S031312IP DWN BY JAR CKD BY CCK SCALE 1" = 40' DISCLOSE. IN WITNESS WHEREOF, I HEREUNTO SET MY SEAL AND SIGNATURE I RECORE THIS DAY OF 2017 A.D. I PLAT SHEET NO. -------------------------------------------------------------------------------------------------------------------------------- R. CHRISTOPHER BOWEN MO. P.L.S. #2232 1 of 1 Staff: John Richbourg, Finance Director Agenda: 6/19/2017 SUBJECT This ordinance would appropriate funds for operating expenditures, capital expenditures, and transfers for the fiscal year ending June 30, 2017. EXECUTIVE SUMMARY The attached appropriation ordinance is routinely submitted each year at this time and covers expenditures incurred in the fiscal year ending June 30, 2017 that were not included in that year's original adopted budget. Although Council approved a majority of the expenditures during the current or previous fiscal years, appropriations have not previously been made to the fiscal year ending June 30, 2017 budget. Some of the expenditures included in this ordinance were for expenditures appropriated in previous years' budgets but not encumbered or incurred until this year. Since appropriations expire at the end of each fiscal year, portions encumbered or incurred this year should be re -appropriated. BACKGROUND/DISCUSSION Article 1 of the attached ordinance appropriates the following operating expenditures: General Fund Departments totaling $97,101.00 - This appropriation covers increased public safety and parks and recreation expenditure and can be broken down as follows: (1) $48,397.00 for expenditures that were covered by grants not assumed in the original budget. (2) $16,350.00 in maintenance fees related to the e -ticket software that had not been included in the original budget. (3) $18,000.00 for fleet maintenance costs for police which exceeded the original budget. (4) $7,700.00 for fleet maintenance costs for the cemetery division which exceeded the original budget. (5) $3,750.00 for vehicle fuel costs for the parks and recreation division which exceeded the original budget. (6) $2,904 for unbudgeted small equipment purchases for the cemetery division which will be funded by the parks sales tax. The Parks and Recreation and Softball Complex funds totaling $62,607.00 and $79,000.00 respectively - The increased costs in these funds that are not covered by revenues in their respective funds are covered by additional operating transfers included in Article 3 of this ordinance. Additional operating transfers from the General Fund total $100,000 in Article 3. The remaining operating expense appropriations included in this Article are either covered by additional current year revenue or unencumbered fund balances in their respective funds. Article 2 of the attached ordinance appropriates the following capital expenditures: Public Safety related expenditures totaling $49,283.00 - $36,983 of these expenditures were covered by grant revenues with the remaining being covered by the general fund balances. Parks and Recreation related expenditures totaling $69,371.00. These expenditures were covered by parks sales tax and restaurant tax revenues. Improvements to the Airport Control Tower totaling 51,100. These expenditures were covered by general fund balances. Various transportation related projects totaling $7,677,820.00. These expenditures were funded using various funding sources across various funds. Casino Revenue Fund totaling $211,250.00. These expenditures were for the completion of various projects included in previous years' budgets and a new joint city / university public art project. General Capital Improvement Fund totaling $485,200.00 — This appropriation covers the completion of the indoor sports complex and various public safety facilities and apparatus funded by the issuance of bonds during the previous year. Sewer Fund totaling $1,265,906.00 — This appropriation covers the additional costs of completing the sewer plant and SCADA upgrade projects which were budgeted and began in previous years. Water Fund totaling $329,796.00 — This appropriation covers the additional costs of completing Boutin Drive and LaSalle Tank project which was budgeted in a previous year. Article 3 of the attached ordinance authorizes additional transfers between funds. Additional transfers totaling $284,907 are from the general fund to other funds. The general fund transfers covers potential operating deficits in the airport, parks and recreation and sports complex funds, capital related transfers to the airport fund, and transfers of proceeds of the sale of public safety equipment to the public safety trust fund. The remaining transfers totaling $2,307,881 fund other capital projects, provides an operating subsidy for the indoor sports complex, and transfers the proceeds of the sale of public safety equipment to the public safety trust fund. STAFF RECOMMENDATION Staff recommends approval of this ordinance. ATTACHMENTS: Description: Year End Appropriation 6-30-17.docx Ordinance BILL NO. 17-97 ORDINANCE NO. AN ORDINANCE APPROPRIATING FUNDS FOR OPERATING EXPENDITURES, CAPITAL EXPENDITURES AND TRANSFERS FOR THE FISCAL YEAR ENDING JUNE 30, 2017, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council of the City of Cape Girardeau, Missouri, hereby appropriates from the unappropriated balance of the identified funds for expenditure during the fiscal year ending June 30, 2017, for the operating expenditures of the departments specified, in the following amounts: Parks and Recreation (General Fund) - Fourteen Thousand Three Hundred Fifty-four Dollars ($14,354.00) for additional utility costs, additional fleet maintenance costs, and unbudgeted small equipment purchases. The $2,904 unbudgeted small equipment purchases will be funded by the parks sales tax. Public Safety (General Fund) - Eighty-two Thousand Seven Hundred Forty-seven Dollars ($82,747.00) for costs related to unbudgeted grant funded small equipment purchases, unbudgeted costs of maintenance for e -ticketing software, additional police fleet maintenance costs, and budget carryforward of expense related to a Homeland Security Grant. Parks and Recreation (Parks and Recreation Fund) - Sixty-two Thousand Six Hundred Seven Dollars ($62,607.00) for unbudgeted small equipment purchases that will be funded by the parks sales tax and additional utility and fleet maintenance costs. Development Services (Convention and Visitors Fund) - Fifty-six Thousand Two Hundred Forty-two Dollars ($56,242.00) for carryover of the unused portions of previous payments made to the Convention and Visitor's Bureau. 1 Special Projects (Casino Revenue Fund) - Seven Hundred Forty-one Dollars ($741.00) to cover additional costs of the adjacent community payments. Development Services (Capital Improvement Sales Tax - Water Projects Fund) - Forty-six Thousand Eight Hundred Seventy-five Dollars ($46,875.00) to cover additional costs of the required payments of development agreements. Development Services (Capital Improvement Sales Tax - Sewer Projects Fund) - Eight Thousand Nine Hundred Twenty-five Dollars ($8,925.00) to cover additional costs of the required payments of development agreements. Public Works (Sewer Fund) - Two Hundred Fifty-one Thousand Seven Hundred Fifty Dollars ($251,750.00) to cover additional sludge disposal costs and unbudgeted costs related to river flooding and soil decontamination costs. Public Works (Water Fund) - Three Hundred Sixty-nine Thousand Seven Hundred Dollars ($369,700.00) to cover unbudgeted costs related to the Gordonville Tank Demolition Project and Meter Replacement Program. Public Works (Solid Waste Fund) - Seven Hundred Nineteen Thousand Dollars ($719,000.00) to cover additional solid waste disposal costs related to trash from Republic. Parks and Recreation (Indoor Sports Complex Fund) - Seventy-four Thousand Dollars ($74,000.00) for unbudgeted small equipment purchases needed to open the building that will be funded by the restaurant tax. Parks and Recreation (Sports Complex Fund) - Seventy- nine Thousand Dollars ($79,000.00) to cover additional utility and personnel costs, unbudgeted storm damage costs, and unbudgeted costs of small equipment purchases that will be funded by the parks sales tax. Internal Service (Information Technology Fund) - Thirty-five Thousand Dollars ($35,000.00) to cover over budget software maintenance costs. 2 Internal Service (Fleet Maintenance Fund) - One Hundred Twelve Thousand Eight Hundred Forty-eight Dollars ($112,848.00) to cover over budget external repair costs and unbudgeted storm damage costs. Internal Service (Employee Benefit Fund) - Four Hundred Fifteen Thousand Dollars ($415,000.00) to cover estimated health claims costs. Internal Service (Risk Management Fund) - Sixteen Thousand Seven Hundred Fifty Dollars ($16,750.00) to cover over budget federal tax costs. ARTICLE 2. The City Council of the City of Cape Girardeau, Missouri, hereby appropriates from the unappropriated balance of the identified funds for expenditure during the fiscal year ending June 30, 2017, for additional capital expenditures of the departments specified, in the following amounts: Public Safety (General Fund) - Forty-nine Thousand Two Hundred Eighty-three Dollars ($49,283.00) to cover unbudgeted acquisition costs of property at 725 Independence Street, unbudgeted costs of grant funded cell phone search software, and unbudgeted costs of grant funded communication equipment. Parks and Recreation (General Fund) - One Thousand Two Hundred Eighty Dollars ($1,280.00) for unbudgeted cost of completing construction of a fence at the parks maintenance shop which will be funded by the parks sales tax. Development Services (Airport Fund) - Fifty-one Thousand One Hundred Dollars ($51,100.00) to cover unbudgeted cost of improvements to the Airport control tower. Parks and Recreation (Parks and Recreation Fund) - Thirty-two Thousand Five Hundred Ninety-one Dollars ($32,591.00) for unbudgeted equipment purchases and remodeling costs that will be funded by the parks sales tax. Capital Projects (Casino Revenue Fund) - Eighty-two Thousand Dollars ($82,000.00) for the unbudgeted costs 3 of the Fountain Street Public Art project. A portion of this cost will be reimbursed by the university. Capital Projects (Casino Revenue Fund) - One Hundred Twenty-nine Thousand Two Hundred Fifty Dollars ($129,250.00) for the carryover of unused portions of previous years' appropriations for various projects. Capital Projects (Motor Fuel Tax Fund) - Sixty Thousand ($60,000.00) for unbudgeted costs of a parking lot in Arena Park and engineering fees related to the S. Expressway and Lynwood Hills Bridge Project. Capital Projects (Transportation Trust Fund III) -Two Hundred Twenty Thousand Dollars ($220,000.00) for additional costs of completing the neighborhood street repair program. Capital Projects (Transportation Trust Fund IV) - One Million Nine Hundred Eighty-seven Thousand Eight Hundred Twenty Dollars ($1,987,820.00) for the carryover of unused portions of previous years' appropriations for various projects. Capital Projects (General Capital Improvement Fund) - Four Hundred Eighty-five Thousand Two Hundred Dollars ($485,200.00) to cover additional costs of projects to be completed from the bond proceeds of the 2015 and 2016 special obligation bonds. Capital Projects (Street Improvement Fund) - Four Million Five Hundred Sixty Thousand Dollars ($4,560,000.00) for the unbudgeted costs of the Sprigg Street Bridge Project which will be funded by federal grants and motor fuel taxes. Capital Projects (Park Improvement Fund) - Five Thousand Five Hundred Dollars ($5,500.00) for the carryover of unused portion of previous years' Mississippi River Walk appropriation. Capital Projects (STP -U Fund) - Eight Hundred Fifty Thousand Dollars ($850,000.00) for the unbudgeted Gordonville Road / Independence Street Roundabout Project which will be funded by STP -U grant revenues and Transportation Sales Taxes. M Public Works (Sewer Fund) - One Million Two Hundred Sixty-five Thousand Nine Hundred Six Dollars ($1,265,906.00) to cover costs of completing the wastewater treatment plant and SCADA upgrade project. Public Works (Water Fund) - Three Hundred Twenty-nine Thousand Seven Hundred Ninety-six Dollars ($329,796.00) to cover costs of completing the Boutin Drive & LaSalle Tank project. Parks and Recreation (Golf Fund) - Five Thousand Dollars ($5,000.00) to cover the unbudgeted costs of hitting mats and nets. Parks and Recreation (Indoor Sports Complex Fund) - Thirty Thousand Five Hundred Dollars ($30,500.00) to cover the unbudgeted costs of additional equipment needed to open the building that will be funded by the restaurant tax. ARTICLE 3. The City Council of the City of Cape Girardeau, Missouri, hereby appropriates from the unappropriated balance of the identified funds for expenditure during the fiscal year ending June 30, 2017, for additional transfer between funds, in the following amounts: General Fund to Airport Fund - Twenty Thousand Dollars ($20,000.00) to cover potential additional operating subsidy. General Fund to Airport Fund - Thirty-eight Thousand Eight Hundred Seven Dollars ($38,807.00) to cover additional grant funded improvements at the airport. General Fund to Airport Fund - Fifty-one Thousand One Hundred Dollars ($51,100.00) to cover unbudgeted cost of improvements to the Airport control tower. General Fund to Parks and Recreation Fund - Sixty Thousand Dollars ($60,000.00) to cover potential additional operating subsidy. General Fund to Sports Complex Fund - Twenty Thousand Dollars ($20,000.00) to cover potential additional operating subsidy. 5 General Fund to Public Safety Trust Fund II - Ninety-five Thousand Dollars ($95,000.00) to cover the transfer of proceeds of the sale of police and fire vehicles. Convention and Visitors Fund to Indoor Sports Complex Fund - Three Hundred Fifty Thousand Dollars ($350,000.00) to cover potential operating subsidy for first year. Public Safety Trust Fund to Public Safety Trust Fund II - Twenty-six Thousand Five Hundred Dollars ($26,500.00) to cover the transfer of proceeds of the sale of police vehicles. Public Safety Trust Fund II to General Capital Improvements Fund - Two Hundred Forty-one Thousand Nine Hundred Six Dollars ($241,906.00) to cover a portion of the cost of new fire apparatus. Casino Revenue Fund to Solid Waste Fund - Thirteen Thousand Five Hundred Dollars ($13,500.00) to cover costs of completing the transfer station. Casino Revenue Fund to Casino River Development Fund - Fifteen Thousand Dollars ($15,000.00) to cover costs of matching funds required by the Casino Development Agreement. Parks Stormwater Sales Tax - Capital Fund to Stormwater Improvement Capital Project Fund - One Million Two Hundred Thousand Dollars ($1,200,000.00) to cover costs related to the flood wall project and other stormwater projects. Parks Stormwater Sales Tax - Operating Fund to General Fund - Four Thousand One Hundred Eighty-four Dollars ($4,184.00) to cover unbudgeted park -related small equipment purchases and capital expenditures. Parks Stormwater Sales Tax - Operating Fund to Parks and Recreation Fund - Seventy-eight Thousand Three Hundred Eighty-four Dollars ($78,384.00) to cover unbudgeted park -related small equipment and capital expenditures. 0 Parks Stormwater Sales Tax - Operating Fund to Sports Complexes Fund - Seven Thousand Dollars ($7,000.00) to cover unbudgeted park -related small equipment and capital expenditures. Parks Stormwater Sales Tax - Operating Fund to Golf Fund - Ten Thousand Dollars ($10,000.00) to cover potential additional operating subsidy. Transportation Trust Fund I to Motor Fuel Tax Fund - One Thousand Five Hundred Dollars ($1,500.00) to cover the return of excess funds. Fleet Replacement Fund to Public Safety Trust Fund II - Seventy-five Thousand Dollars ($75,000.00) to cover the transfer of proceeds of the sale of a fire vehicle. 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: i3ruce 'Taylor, lleputy city Ulerx 7 Staff: Bruce Taylor, Deputy City Clerk Agenda: 6/19/2017 SUBJECT Three appointments to the Public Library Board of Directors for a term expiring June 30, 2020. EXECUTIVE SUMMARY Amy Trueblood, John McGowan and Sheryl Smith are serving on the Public Library Board of Directors for terms that will be expiring June 30, 2017. Amy Trueblood and John McGowan have expressed interest in reappointment. A copy of the board roster and attendance roster is attached for your review. BACKGROUND/DISCUSSION Appointments to the Public Library Board are made by the Mayor and approved by the City Council. The following individuals have expressed an interest in serving on the board, and their board applications are attached. Ken House John McGowen Julia Ann Palmer Rekha Patterson Lincoln Scott Amy Trueblood BOARD OR COMMISSION RECOMMENDATION The board recommends reappointing Amy Trueblood and John McGowan. The board would like to postpone the additional appointment to allow further discuss at June Library Board meeting. One appointment to the Public Library Board of Directors for a term expiring June 30, 2020, will appear on a future agenda for consideration. ATTACHMENTS: Name: ❑ roster attendance. Iibrary.pdf ❑ Library Board roster.doc ❑ House.Ken.02-15-17.pdf ❑ McGowen.John.05-25-17.pdf ❑ Palmer.JulleAnn.06-30-16.pdf ❑ Patterson Rekha.05-22-17.pdf ❑ Scott.Lincoln.05-02-17.pdf ❑ Trueblood Amy.05-18-17.pdf Description: Library Board Attendance Library Board Roster House, Ken McGowen, John Palmer, Julie Anne Patterson, Rekha Scott, Lincoln Trueblood, Amy PUBLIC LIBRARY BOARD Attendance Record Ordinance effective 4/13/00 P = present, A = absent 2016 4th Thursday Jan 26 Feb 25 Mar 24 Apr 28 May 26 Jun 23 Jul 28 Aug 25 Sep c ov 22 27 24 ec 22 s letter n r ermi- letter letter nated Austin, Fran s P P P P Dively, David P P A P Greaser, Kevin ■ P A P P Haley, Lucas ` P A P P Lane, Stacey A P P P McGowan, John E A P P P Smith, Sheryl T P P P P Thompson, Ed .�. A P P P Trueblood, Amy P P P P 2015 4th Thursday Jan 22 Feb 19 Mar 26 Apr 23 May 28 Jun 25 Jul 23 Aug 27 Sep 24 Oct 22 Nov 26 Dec 1st 24 letter 2nd 3rd termi- letter letter nated Austin, Fran P s P P P N P P P P N Greaser, Kevin P P P A Q E P P P A Haley, Lucas minted 6/15/15 C P P P P Hillman, Angel P A P I P A Resigned 9/24 5 09/24/15 Irwin Stan P L PP P L Resigned 6/15/15 06/15/15 Lane, Stacey Appointed 6/15/15 P A P P McGowan, John P 1= P P P P P IP P Slaughter, Joan P E P P P E Resigned 6/15/15 06/15/15 Smith, Sheryl A T P P P T A P P P Thompson, Ed P P P P P P A P Trueblood, Amy P G P I P A G P P P P CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees June 5, 2017 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. Public Library Board Serve three year terms, appointed by Mayor and approved by Council. Meetings held fourth Thursday at 7:00 a.m. at the library. Members can only serve three consecutive terms (Mo State Statute). A Council member may serve as liaison. Staff contact — Betty Martin, Library Director 334-5279. Date Appointed Date Reappointed Term Expires Amy Trueblood March 3, 2014 6/16/14 June 30, 2017 John McGowan August 6, 2012 6/16/14 June 30, 2017 Sheryl Smith September 19, 2005 6/18/08; 06/20/11; 6/16/14 June 30, 2017 Lucas Haley June 15, 2015 --- June 30, 2018 Ed Thompson July 6, 2009 6/18/12 June 30, 2018 Stacy Lance Dohogne June 15, 2015 --- June 30, 2018 David Dively December 7, 2015 07/05/16; June 30, 2019 Fran Austin July 19, 2010 6/17/13; 07/05/16 June 30, 2019 John Voss November 7, 2016 --- June 30, 2019 Serve three year terms, appointed by Mayor and approved by Council. Meetings held fourth Thursday at 7:00 a.m. at the library. Members can only serve three consecutive terms (Mo State Statute). A Council member may serve as liaison. Staff contact — Betty Martin, Library Director 334-5279. Staff: Bruce Taylor, Deputy City Clerk Agenda: 6/19/2017 SUBJECT Appointment of one member to the Historic Preservation Commission for an unexpired term set to expire April 16, 2018. EXECUTIVE SUMMARY Kevin Taylor has resigned his position on the Historic Preservation Commission due to relocating and no longer being a city resident. BACKGROUND/DISCUSSION Regarding membership on the Commission, Section 30-117 of the City Code states, "...the members to be residents of the city, all of whom shall be appointed by and approved by the city council. The council shall make every effort to appoint persons with a demonstrated interest in the historical preservation of the city. To the extent available, the preservation commission shall include professional members representing such disciplines as architecture, law, real estate, history and or any other field related to historic preservation. " Members on the commission serve three-year terms. A copy of the roster is attached for your information. The following individuals have expressed interest in on the Historic Preservation Commission, and their board applications are attached for your review. e Bonnie Kipper GENERAL DIRECTION An appointment to the Historic Preservation Commission will appear on a future agenda for your consideration. ATTACHMENTS: Name: Description: ❑ hpc.docx HPC Roster ❑ Kipper.Bonnie.02-28-17.pdf Kipper, Bonnie ❑ roster attendance. hpc.pdf HPC Roster Attendance CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees June 5, 2017 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 May 8, 1996. Serve three year terms, appointed by Council. To the extent available members shall include professional members representing such disciplines as architecture, law, real estate, history, or any other field related to historic preservation. Meetings held third Wednesday at 7:00 p.m. in Council Chambers. Commission administers the Historic Preservation Ordinance and applications for landmarks and historical districts. Staff contact — Ryan Shrimplin, City Planner 339-6327 [Ord. 3841, 8/20/07, members reduced from 11 to 9]. Historic Preservation Commission Date Appointed Date Reappointed Term Expires Sharon Giebler May 19, 2008 4/6/09, 4/16/12,4/6/15 April 16, 2018 Brianna DeWitt June 5, 2017 ---- April 16, 2018 Tom Grantham May 2, 2016 ---- April 16, 2018 **Vacant ---- ---- April 16, 2018 Felix Kinsley (honorary) June 6, 2005 N/A (Town Crier/honorary) Charlotte Young Slinkard April 6, 2009 4/5/10; 4/15/13;4/18/16 April 16, 2019 Robert Komorech October 19, 2009 4/5/10; 4/15/13;4/18/16 April 16, 2019 Parker Butler June 5, 2017 ---- April 16, 2019 Bonnie Kipper June 1, 2015 6/5/17 April 16, 2020 Alyssa Phares May 16, 2011 5/5/14; 6/5/17 April 16, 2020 Serve three year terms, appointed by Council. To the extent available members shall include professional members representing such disciplines as architecture, law, real estate, history, or any other field related to historic preservation. Meetings held third Wednesday at 7:00 p.m. in Council Chambers. Commission administers the Historic Preservation Ordinance and applications for landmarks and historical districts. Staff contact — Ryan Shrimplin, City Planner 339-6327 [Ord. 3841, 8/20/07, members reduced from 11 to 9]. Staff: Bruce Taylor, Deputy City Clerk Agenda: 6/19/2017 SUBJECT Appointment of one member to the Tree Board for an unexpired term set to expire February 1, 2019. EXECUTIVE SUMMARY John Ruester has resigned from the Tree Board. A copy of the roster is attached for your information. BACKGROUND/DISCUS SION The Tree Board is comprised of the Public Works Director, Parks and Recreation Director, one member of the Parks and Recreation Advisory Board, and four residents of Cape Girardeau selected by the City Council. Members serve a three-year term. The following individuals have expressed interest in serving on this Board, and their advisory board summary sheets are attached. Berry Burge Laura Klipfel Jeff Green John Schmoll Charles Heady Mindy Sinning GENERAL DIRECTION Unless directed otherwise, one appointment to the Tree Board will appear on a future City Council agenda for consideration. ATTACHMENTS: Name: ❑ roster attendance.tree.odf ❑ tree roster.doc ❑ Heady. Charles. Org. 12-08-15.odf ❑ Burae.Berry.01-18-17.odf ❑ Green.Jeff.10-26-16.odf ❑ Heady. Charles. 12-22-16. Pd ❑ Kliofel.Laura.2-06-17.odf ❑ Schmoll.Cynthia.4-28-17.odf ❑ Sinning. Mindy. 12-08-16. Pd Description: Tree Board Attendance Roster Tree Board Roster Heady, Charles Burge, Berry Green, Jeff Heady, Charles Klipfel, Laura Schmoll, Cynthia Sinning, Mindy TREE BOARD Attendance Record Ordinance effective 4/13/00 X = present, A = absent Board meets bi-monthly beqinninq in February 2017 Bi-Monthly, 2nd Monday Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 1st 2nd 3rd termi- 13 7 12 14 9 11 letter letter letter appt'ed nated Behnken, Jennifer P 07/05/16 Harris, Robert P Kinkead, Dennis P 10/25/16 Ruester, John Svenson, Sven P P 2016 Bi-Monthly, 2nd Monday Jan Feb 8 Mar Apr 1 May Jun 13 Jul Aug 8 Sep Oct Nov 10 Dec 1st 2nd 12 letter letter 3rd termi- letter appt'ed nated Behnken, Jennifer Govero, Kevin Ap P ted 7/5/16 rP Harris, Robert P P A P 07/05/16 Harris, Robert P A Hayes, Rocky Kinkead, Dennis Hayes, Rocky Kinkead, Dennis P A P Resigned 6/14/16 P ---- P P A A 06/14/16 Roll -Houston, Shawn P P A A P 10/25/16 ---- P Roll -Houston, Shawn I RESIGNED P P Ruester, John 02/01/16 Ruester, John P P P P P Svenson, Sven Hayes, Rocky P P A P P 2015 Bi-Monthly, 2nd Monday Jan Feb 26 Mar Apr 13 May 1 Jun 1 8 Jul 1 Aug 1 10 Sep 1 Oct 1 12 Nov Dec 1st 2nd 3rd termi- 14 letter letter letter appt'ed nated Govero, Kevin Govero, Kevin Term expired, doesn't want to be reappt 02/01/15 Harris, Robert ---- P ---- F P P A P P Hayes, Rocky Kinkead, Dennis Appointed 6/1/2015 P A P A P ---- P P A A P Roll -Houston, Shawn I ---- P ---- P P P P P Ruester, John I ---- P ---- A P P P A 2014 Bi-Monthly, 2nd Monday Jan Feb 10 Mar Apr 4 May Jun 9 Jul Aug 11 Sep Oct 13 Nov Dec 8 1st letter 2nd letter 3rd letter appt'ed termi- nated Govero, Kevin P P P P P P Grimm, Daniel A A A A No longer on board/atte 08/25/14 Harris, Robert P P P P P P Hayes, Rocky P P P P P Resigned 10/13/14 01/06/14 10/13/14 Roll -Houston, Shawn P P P A P P 01/06/14 Ruester, John Appointed 11/17/14 P 01/06/14 2013 Bi-Monthly, 2nd Monday Jan Feb 11 Mar Apr 5 May Jun 10 Jul Aug 12 Sep Oct 14 Nov Dec 9 1st letter 2nd letter 3rd letter appt'ed termi- nated Govero, Kevin P P Grimm, Daniel appointed 3/1/10 P P A P P A P P Layton, John no longer on board, term limits 02/01/10 Harris, Robert P I I P I I P I I P P P Grimm, Daniel P P P P P 01/22/13 Harris, Robert P L P P P I P 2012 Bi-Monthly, 2nd Monday Jan Feb 13 Mar Apr 6 May Jun 11 Jul Aug 13 Sep Oct 8 Nov Dec 10 1st letter 2nd letter 3rd letter appt'ed termi- nated Govero, Kevin P P Grimm, Daniel appointed 3/1/10 P P A A P P P P Layton, John no longer on board, term limits 02/01/10 Harris, Robert P I I P I I P I I P P P Grimm, Daniel P P A P P Harris, Robert P L P P P I P 2011 Jan Feb 14 Mar Apr 1 May Jun 13 Jul Aug 4 Sep Oct 10 Nov Dec 12 1st letter 2nd letter 3rd letter appt'ed termi- nated Govero, Kevin P P Grimm, Daniel appointed 3/1/10 P P A P P P P P Layton, John no longer on board, term limits 02/01/10 Harris, Robert P I I P I I P I I P P P Grimm, Daniel P P P P Harris, Robert P P P I P 2010 Jan Feb 8 Mar Apr 2 May Jun 21 Jul Aug 9 Sep Oct 18 Nov Dec 1st 2nd 3rd termi- 13 letter letter letter appt'ed nated Govero, Kevin P P P P P P Grimm, Daniel appointed 3/1/10 P A P P P 03/01/10 Layton, John no longer on board, term limits 02/01/10 Harris, Robert P I I P I I P I I P P P CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees June 5, 2017 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. Dennis Kinkead Jennifer Behnken Vacant*** Sven Svenson Craig Billmeyer ,Parks & Rec srd Appointee Steve Cook, Public Works Dir Julia Thompson, Parks & Rec Dir Tree Board Date Appointed January 20, 2015 July 5, 2016 February 1, 2016 December 12, 2016 Date Reappointed Term Expires February 1, 2018 February 1, 2018 February 1, 2019 February 1, 2019 (P&R Term Expires) Serve three year terms, appointed by City Council. Meetings held second Monday, bi-monthy beginning in February, at noon at the Osage Community Centre. Study, investigate, counsel and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of public trees in parks, along streets and in other public places. Upon request by City Council, shall consider, investigate, make findings, report and recommend upon any special matter of question coming within the scope of its work. (Two Members added per Ord. 4516, 11/18/13) Staff contact— Julia Thompson, Parks and Recreation Director, 339-6340. Staff: Agenda: 6/19/2017 SUBJECT Advisory Board Minutes . Airport Board Minutes, June 2, 2017 ■ Historic Preservation Committee Minutes, May 12, 2017 ■ Public Library Board of Trustees Minutes, May 25, 2017 ■ SEMPO Technical Planning Committee Minutes, May 3, 2017 ATTACHMENTS: Name: C AIRPORT BOARD MINUTES 6-2-17 Special Meeting.pdf H PC -M in utes-05-12-17-D RAFT. pdf sempo minutes.pdf F Library Minutes.doc Description: Aiport Advisory Board Minutes Historic Preservation Commission Minutes SEMPO Technical Planning Committee Minutes Public Library Board of Trustees Minutes AIRPORT BOARD MINUTES June 2, 2017 Cape Aviation Conference Room Special Meeting Members Present: Robert Cork, Jeff Brune, Joe Hobbs, Paul Mingus Others Present: Molly Hood, Deputy City Manager; Katrina Amos, Deputy Airport Manager; Hannah Seesing, Airport Administrative Clerk; Derrick Irwin, Flight Line Supervisor I. Old Business A. Discussion Regarding EAS Request for Proposal - There being only four members' present, there was no quorum; however, the members present were able to discuss the Essential Air Service (EAS) process as well as various possible air service scenarios. Discussion ensued as to what will best serve the region. The Board was able to clarify exactly what the EAS program requires from the participating airports and airlines. Mr. Cork further explained the airline selection process to the members who were not present at the previous meeting. Options such as other hub destinations, better aircraft, and optimized scheduling were deliberated. Ms. Amos informed the Board that the RFP's had been issued on May 10th and airline proposals are due to the Department of Transportation by June 15th. Once received, the Board will review the proposals and provide their recommendation to the City Council. Mr. Cork and Ms. Amos would discuss the Board's ideas and recommendations to Bruce Loy, Airport Manager, who was unable to attend the meeting. II. Non Agenda Items None IV. Adjournment There being no other business, the meeting was closed. Minutes prepared by Hannah Seesing Administrative Clerk CITY of CAPE GIRARDEAU HISTORIC PRESERVATION COMMISSION HISTORIC PRESERVATION COMMISSION MEETING MINUTES May 12, 2017 Present: Tom Grantham, Bonnie Kipper, Robert Komorech, Alyssa Phares, Charlotte Slinkard, Kevin Taylor Absent: Sharon Giebler Staff Present: Ryan Shrimplin REGULAR MEETING Chairman Phares called the meeting to order at 4:00 p.m. The minutes of the January 25, 2017 Historic Preservation Commission meeting were unanimously approved upon motion made by Mr. Komorech and seconded by Mr. Grantham. Boulevard Local Historic District Signage Mr. Mike Sheehan, Boulevard Local Historic District resident, informed the Commission that he obtained a quote from Canedy Sign & Graphics for four (4) replacement sign faces for the district's identification signs. The total cost was $165.40. Mr. Sheehan presented a drawing of the sign face design, which consisted of a 22" x 14" flat aluminum face with a black background and gold paint text and graphics. He stated the reason he is requesting four (4) sign faces is to have two (2) extra faces in case they are needed in the future as replacements. The cost for two (2) sign faces is $138.00. Mr. Komorech made a motion to authorize staff to purchase up to four (4) of the sign faces as proposed by Mr. Sheehan. Mr. Grantham seconded the motion. The motion passed unanimously. Mr. Shrimplin stated staff will check the budget to see if there are sufficient funds available to purchase four (4) sign faces. Ivers Sauare Presentation Dr. Wayne Bowen, Dr. Steven Hoffman, and Denise Lincoln gave a presentation on a proposal to name the Common Pleas Courthouse grounds as "lvers Square" in honor of James and Harriet Ivers. They explained that James Ivers was an African-American man who lived as a slave, along with his family, until he enlisted in the Union Army at the Commons Pleas Courthouse on June 18, 1863 — the first day men of color were allowed to do so. He fell ill a few months later and died a free man, having served his country. His wife, Harriet, received help in applying for and receiving a widow's pension from the federal government. As a free woman, she purchased the lot on which she had lived for many years, and continued to work and live in Cape Girardeau with her children and grandchildren. The proposal to name the Courthouse grounds after the couple is based on the connection the Ivers' had to the property as slaves who were sold on the Courthouse steps and later, for James, as a Union soldier who enlisted there. Mr. Grantham asked if there are plans for identification signage and/or other features. Mr. Bowen replied that currently, there are no specific plans for identifying the property. The nature of the identification will be discussed in the upcoming months. For the time being, they are only seeking to get the naming approved by the City Council. Mr. Shrimplin stated the Courthouse will be vacated in City of Cape Girardeau Historic Preservation Commission Meeting Minutes May 12, 2017 Page 2 of 2 the next few years, which will present an opportunity for more than just identification. He added that the City may consider hiring a consultant to conduct a feasibility study for repurposing the Courthouse. At the request of the presenters, Ms. Slinkard made a motion to recommend the City Council approve the naming of the Common Pleas Courthouse grounds as "Ivers Square". Mr. Grantham seconded the motion. The motion passed unanimously. 2017 Endangered Buildings List Mr. Shrimplin reviewed each of the properties on the 2016 Endangered Buildings List as well as the 2017 nominations. The Commission then decided which properties to include on the 2017 list. Mr. Grantham made a motion to adopt the 2017 Endangered Buildings List. Ms. Kipper seconded the motion. The motion passed unanimously. Mr. Taylor abstained from the discussion and vote on properties associated with his employer, Southeast Missouri State University. Election of Officers Mr. Komorech made a motion to elect Ms. Phares as Chairman, Mr. Taylor as Vice Chairman, and Ms. Slinkard as Secretary. Ms. Kipper seconded the motion. The motion passed unanimously. Recommendation of ADDointments to the Commission Mr. Grantham made a motion to recommend the City Council appoint Brianna DeWitt and Parker Butler to the Historic Preservation Commission. Mr. Komorech seconded the motion. The motion passed unanimously. Commission Communication Chairman Phares gave a reminder that the 2017 Historic Preservation Month Walking Tour will begin following the meeting. The tour will start at the Indie House (605 Broadway) and proceed east on Broadway to the Marquette Tower. Adjournment Upon motion made by Mr. Komorech and seconded by Ms. Kipper, the Commission voted unanimously to adjourn the meeting at 5:20 p.m. Respectfully submitted, Charlotte Slinkard Secretary Southeast Ti MPO Metropolitan Planning Organization TECHNICAL PLANNING COMMITTEE MEETING MINUTES D May 3, 2017 O Osage Centre — Cape Girardeau Technical Planning Committee Voting Members Present: Ms. Elquin Auala, Missouri Department of Transportation (MoDOT) Mr. Rodney Bollinger, City of Jackson Mr. Drew Christian, Southeast Missouri Regional Planning & Economic Commission (SEMO RPC) Mr. Curtis Jones, Illinois Department of Transportation (IDOT) Mr. Joe Killian, Missouri Department of Transportation (MoDOT) Mr. Alex McElroy, City of Cape Girardeau Mr. John Mehner, Cape Girardeau Area MAGNET Mr. Tom Mogelnicki, Cape Girardeau County Transit Authority (CTA) Mr. Larry Payne, Cape Girardeau Area Chamber of Commerce Transportation Committee Mr. Scott Perry, Bootheel Regional Planning & Economic Development Commission (Bootheel RPC) (appointed alternate for David Blalock) Technical Planning Committee Non -Voting Members Present: Mr. Mike Brandon, Missouri Department of Transportation (MoDOT) Ms. Betsy Tracy, Federal Highway Administration (FHWA) (via teleconference) Ms. Eva Voss, Missouri Department of Transportation (MoDOT) (via teleconference) Staff Present: Mr. Ryan Shrimplin, City of Cape Girardeau Program Administration/Support Consultant Present: Ms. Kelly Green, KLG Engineering Call to Order Chairman Payne called the meeting to order at 11:00 a.m. Introductions There were no introductions. Public Comments There were no public comments. Southeast Metropolitan Planning Organization o TPC Meeting Minutes May 3, 2017 OD Page 2 of 4 Adoption of Agenda The agenda of the May 3, 2017 Technical Planning Committee Meeting was unanimously approved for adoption upon motion made by Mr. Mogelnicki and seconded by Mr. Perry. Approval of Minutes The minutes of the April 5, 2017 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 2017 Unified Planning Work Program (UPWP) Amendment No. 2 — Motion to recommend approval Mr. Shrimplin stated that the amendment was released for public comment in accordance with the Public Participation Plan, and no comments were received. FY 2017 UPWP Amendment No. 2 was unanimously recommended for approval upon motion made by Mr. Mehner and seconded by Mr. Christian. FY 2018 Unified Planning Work Program (UPWP) — Motion to release for public comment Mr. Shrimplin presented the FY 2018 UPWP. He explained that this UPWP is similar to the amended FY 2017 UPWP, but there are several additions. A paragraph discussing MAP -21 and FAST Act has been added to the introduction. The work elements section has been expanded to include new activities, including TIP Tool Software and Maintenance, Public Transit — Human Services Transportation Coordination Plan, Title VI Program, and Critical Rural and Urban Freight Corridors. Ryan stated that he will need assistance with the language on the Critical Rural and Urban Freight Corridors section. Ms. Voss agreed to contact Cheryl Ball with MoDOT for assistance with the language. Mr. Mogelnicki asked about the procurement process for the new TIP tool software and maintenance. Mr. Shrimplin explained that staff would follow a process similar to the one used by Ozarks Transportation Organization (OTO), which involved issuing a Request for Proposals (RFP) and selecting a vendor based on a standardized scoring system. Staff will work with Ms. Voss and Ms. Tracy to ensure that all of the procurement requirements are met. Ms. Tracy stated that she had submitted several comments on the UPWP. Mr. Shrimplin then reviewed and addressed each of the comments. There being no further discussion, FY 2018 UPWP was unanimously released for public comment upon motion made by Mr. Christian and seconded by Mr. Mehner. Regional Bicycle and Pedestrian Plan — Discussion Southeast Metropolitan Planning Organization o TPC Meeting Minutes o May 3, 2017 X Page 3 of 4 Ms. Green reported that the Study Oversight Team had its initial meeting with Lochmueller Group. She stated that the members discussed concerns and issues in their respective areas. Lochmueller Group will now take this information and begin drafting a vision statement and goals. Ms. Auala asked if the plan will include transition plans. Ms. Green replied that she did not know, but would ask Lochmueller. Mr. Killian agreed to send Ms. Green and Mr. Shrimplin information regarding the federal requirements for transition plans. Ms. Tracy stated that in Illinois, many of the MPO's complete a sidewalk analysis. Mr. Bollinger stated that many communities do not have the resources to complete the federal transition plan requirements. Mr. McElroy reported that the Bloomfield Road and Veterans Memorial Drive projects are continuing. There will be an opening ceremony this weekend for the Downtown Sidewalk project. Due to the recent flooding, many downtown buildings have water in their basements. Mr. Bollinger indicated that the MoDOT Sidewalk Project on East Jackson Boulevard is roughly 50% completed. The City will be advertising for bids soon for concrete replacement, asphalt overlaying, and joint sealing. The City's traffic study is underway. The City is currently looking into project opportunities for the MoDOT Cost Share Program. Mr. Mogelnicki stated that the CTA now accepts credit and debit cards for demand response vehicles only. Mr. Mehner stated that there will be a ribbon cutting ceremony at the SportsPlex, and the nearby section of Veterans Memorial Drive is now open. Mr. Brandon stated that MoDOT's guardrail and guard cable contract, concrete and asphalt contract, and the Scott City Interchange Project are all being advertised for bids this week. Mr. Brandon provided a flood update for the Southeast District. The draft 2018-2022 STIP will be released for public comment today. MoDOT has also issued a Call for Projects for the Cost Share Program. Mr. Killian stated that 1-55 in St. Louis will be closing today due to flooding. The Chester Bridge will likely be closed tomorrow. Mr. Jones stated that Ms. Holly Ostdick has been promoted to Bureau Chief. Other Business and Communications There were no other business and communications. Adjournment There being no further business, the meeting was unanimously adjourned at 11:55 a.m. Respectfully submitted, Kelly Green, PE CAPE GIRARDEAU PUBLIC LIBRARY BOARD OF TRUSTEES Board Meeting: Thursday, May 25, 2017 @ 7am Cape Girardeau Public Library ATTENDANCE Present: Fran Austin, Amy Trueblood, David Diveley, Ed Thompson, John McGowan, John Voss, Sheryl Smith, Stacy Dohogne Lane Absent: Lucas Haley Also present: Director Betty Martin, Linda Bailiff President Amy Trueblood called the meeting to order at 7:00am. MINUTES The April board meeting minutes and the Special Meeting of May 15th were reviewed. John V. made a motion to approve the minutes, seconded by Sheryl. Motion passed. BILLS The bills were reviewed. Sheryl made a motion to approve the bills, seconded by Ed. Motion passed. PRESIDENT'S Possible board member applicants were discussed. The board decided to wait REPORT another month and do more research. A decision will be made at the June board meeting. In the meantime, Director Martin will ask staff for suggestions. Slate of Officers for 2017/2018 as follows: Amy Trueblood, President Lucas Haley, Vice President Fran Austin, Secretary John McGowan, Treasurer John M. made a motion to accept the Slate of Officers, seconded by Stacy. Motion passed. A recent Tea Party meeting was discussed. There are concerns about safety and disruptive behavior when high profile, controversial speakers are invited by any organization using the library's meeting rooms. Recently a controversial author spoke at a Tea Party meeting and sold copies of his books, which is not allowed by the Meeting Room policy. Also, they brought their own security, which is highly concerning. Director Martin will draft a letter to the Tea Party reminding them of the "no solicitation" clause in the Meeting Room policy and send to Amy for review. The Bylaws and Policy Committee will meet to address adding a security clause to the meeting rooms policy. BUDGET AND Sheryl Smith recommended an increase for all library staff and presented the draft PERSONNEL budget for approval. Ed made a motion to accept the new budget draft, COMMITTEE seconded by John V. Motion passed. Sheryl also recommended that Betty do a benchmark survey of other similar sized libraries to compare salaries/hourly wages. John V. stated that he believes the payment schedule for the debt service on the certificates is in line with anticipated revenue increases. DIRECTOR'S Legislative Update: Director Martin asked the board members to send emails to REPORT our Senators asking them to add their names to letters supporting LSTA funding. BETTY MARTIN Sunshine Law for Libraries webinar will take place on June 21St. Director Martin sent the link to each board member. It will hopefully be recorded for those who are unable to attend. Staff. Newly hired Passport Agent Janet Nichols hopes to return to work next week. The library recently hired Elisa Williamson to work part-time in User Services. LSTA Grant status: All four grants have been approved. Automated Sorter: A total of $9,712 has been spent in the last eight years for repairs and equipment replacement. This includes $4200 for a new sorter bin and $2180 for a new PC, leaving $2792 in repairs. With a three-year maintenance contract of $19,950 the cost per year would be $6650. There is a mandatory $3700/year for the Automated Materials Handling software license (which is included in the annual cost of $6650). Without a maintenance contract it would cost $3150 for an annual service visit (time and travel). Service agreements usually increase 4% each year so by locking into a 3 year rate the library would save 12%. Without a maintenance agreement, additional service calls are $300/year instead of $225 plus a 5% discount on parts. John M. made a motion to purchase a three-year maintenance agreement in the amount of $19,950. Sheryl seconded the motion. Motion passed except John V. voted "No". Upcoming Programs: The summer program guide was distributed. Food for Fines will take place the month of June. "Like and Share" library programs on Facebook to help us reach a wider audience. DVD fines: The prior motion for changes to the DVD and Blu Ray borrowing policy is now rescinded: That motion made by John M was: If possible, combine the DVDs and Blu Ray classifications. Then, allow 5 DVDs/Blu Rays per check out for 1 week with 2 renewals and fine .10 a day for late returns. After further consideration and conversations with staff, Director Martin suggested leaving the former check out and renewal period for DVDs and Blu Rays and only change the fine to .10 per day. Stacy made a motion to accept this proposal, Fran seconded the motion. Motion passed except John McGowan (as proxy for John V.) voted "No". The library board will NOT meet in July. COMMITTEE The Bylaws and Policy Committee will set a meeting to work on changes to the BUSINESS Meeting room policy and to the explanation for the out -of -district card charges. 0) FRIENDS The Friends Foundation is planning to purchase 3 weeks of time on a billboard— one week for the book sale and then 2 weeks after to promote Library Card sign- up month. The next book sale is the weekend after Labor Day — Sept. 8 through the I 01 Donations are accepted throughout the year. RETIRING Library board member Sheryl Smith was given a plaque and thanked for her 11 BOARD MEMBER years of services as a board member. ADJOURNMENT President Amy Trueblood adjourned the meeting. NEXT Thursday, June 22 @ 7am MEETING Cape Girardeau Public Library Recorder - Linda Bailiff 3