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HomeMy WebLinkAboutCouncil.Agenda.09-08-2020.PacketBob Fox, Mayor Dan Presson, Ward I Shelly Moore, Ward 2 Nate Thomas, Ward 3 Robbie Guard, Ward 4 Shannon Truxel, Ward 5 Stacy Kinder, Ward 6 September 8, 2020 5:00 PM City Council Chambers City Hall 401 Independence Agenda Documents, Videos Minutes, and Other Information: www.cityofcape.org/citycouncfl The following considerations have been made to aid in the prevention of community spread of COVID-19 and all respiratory viruses. • Pursuant to Cape Girardeau County Public Health Center Order No. 20-02, Emergency Face Covering Order, a face covering must be worn properly the entire time while in the building. • Hand sanitizer is available at the building entry. It is highly recommended that attendees use hand sanitizer upon entry. • A staff member will clean the podium between speakers. • Depending on the status of the on-going COVID-19 public health emergency, this meeting may be held by teleconference or other electronic means if public meetings are not permitted or recommended at the scheduled time. If the meeting is held by teleconference or other electronic means, directions to access the meeting will be posted on the City's website and at City Hall. Invocation Reverend Ellen Gurnon of First Presbyterian Church in Cape Girardeau Pledge of Allegiance Study Session No action will be taken during the study session Presentations • Beautiful Business Property of the Month • Recovery Month Proclamation • Recognition of Employee Retirements and Years of Service Communications/Reports 0 City Council Staff Items for Discussion • Advisory Boards and Commissions Presentation • Pet License Presentation • Appearances regarding items not listed on the agenda This is an opportunity for the City Council to listen to comments regarding items not listed on the agenda. The Mayor may refer any matter brought up to the City Council to the City Manager if action is needed. Individuals who wish to make comments must first be recognized by the Mayor or Mayor Pro Tem. Each speaker is allowed 5 minutes. Please face and speak directly to the City Council as a whole. The Mayor and Council Members will not engage or answer questions during the speaker's time at the podium. The timer will sound at the end of the speaker's time. After all members of the public have appeared, the City Council may respond and discuss issues that were brought forward by the speakers. • Agenda review Regular Session Call to Order/Roll Call Adoption of the Agenda Public Hearings 1. A public hearing to consider a request to rezone property at 1134 North Sprigg Street from R-4 (Medium Density Multifamily Residential District) to C-1 (General Commercial District). (BILL NO. 20-135; Agenda Item No. 17) 2. A Public Hearing to consider vacating the City's interest in the Utility Easement located in the Star Vue Subdivision, in the City of Cape Girardeau, Missouri. (BILL NO. 20-136; Agenda Item No. 18) Appearances regarding Items Listed on the Agenda Individuals who wish to make comments regarding items listed on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Each speaker is allowed 5 minutes and must stand at the public microphone and 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. 3. Approval of the August 17, 2020, City Council regular session minutes and closed session minutes. 4. BILL NO. 20-123, an Ordinance appropriating funds for debt service expenditures for the fiscal year ending June 30, 2020, in the City of Cape Girardeau, Missouri. Second and Third Readings. 5. BILL NO. 20-124, an Ordinance authorizing the issuance of a Special Tax Bill for property located at 838 South Ellis Street, for the demolition of a dangerous building and for the abatement of nuisances, under the provisions of Chapter 7 and Chapter 13 of the Code of Ordinances of the City of Cape Girardeau, Missouri. Second and Third Readings. 6. BILL NO. 20-126, an Ordinance approving the record plat of St. Jude's Second Subdivision. Second and Third Readings. 7. BILL NO. 20-127, a Resolution authorizing the City Manager to execute an agreement with Nip Kelley Equipment Company, Inc. for the Good Hope Street Stormwater Improvements Project, in the City of Cape Girardeau, Missouri. Reading and Passage. 8. BILL NO. 20-128, a Resolution authorizing the City Manager to execute a Performance Guarantee Agreement with Star Vue Rentals, LLC, for Star Vue Subdivision, in the City of Cape Girardeau, Missouri. Reading and Passage. 9. Approval of a one-year extension of the Deer Run Estates preliminary plat approval. Items Removed from Consent Agenda New Ordinances 10. Bill NO. 20-125, an Ordinance amending Chapter 6 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding Dog and Cat Licensing. First Reading. 11. BILL NO. 20-129, an Ordinance accepting a Permanent Drainage Easement from Ramona L. Brinkopf, for property located at 335 Christine Street, in the City of Cape Girardeau, Missouri. First Reading. 12. BILL NO. 20-130, an Ordinance amending Schedule G of Section 26-249 and Schedule P of Section 26-248 of the City Code, by establishing limited parking on South Spanish Street, in the City of Cape Girardeau, Missouri. First Reading. 13. BILL NO. 20-131, an Ordinance amending Schedule P of Section 26-248 of the City Code, by establishing limited parking on Janet Drive, in the City of Cape Girardeau, Missouri. First Reading. 14. BILL NO. 20-132, an Ordinance granting a Permanent Utility Easement to Ameren Missouri, for property located at 3280 Perryville Road, in the City of Cape Girardeau, Missouri. First Reading. 15. BILL NO. 20-133, an Ordinance approving a Redevelopment Agreement in Connection with the 811 Broadway Tax Increment Financing Redevelopment Plan. First Reading. 16. BILL NO. 20-134, an Ordinance designating a portion of the City of Cape Girardeau, Missouri, as a Redevelopment Area; approving the 811 Broadway Tax Increment Financing Redevelopment Plan; making findings related thereto; and authorizing certain actions by City Officials. First Reading. 17. BILL NO. 20-135, 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 1134 North Sprigg Street, in the City and County of Cape Girardeau, Missouri, from R-4 to C-1. First Reading. 18. BILL NO. 20-136, an Ordinance vacating the City's interest in the Utility Easement located in Star Vue Subdivision, in the City of Cape Girardeau, Missouri. First Reading. 19. BILL NO. 20-137, an Ordinance approving the record plat of Star Vue Subdivision. First Reading. Appointments Other Business Meeting Adjournment Closed Session The City Council of the City of Cape Girardeau, Missouri, may, as a part of a study session or regular or special City Council meeting, vote to hold a closed session to discuss issues listed in RSMo. Section 610.021, including but not limited to: legal actions, causes of legal action or litigation, leasing, purchasing or sale of real estate, hiring, firing, disciplining, personnel issues, or confidential or privileged communications with its attorneys. • Legal actions and litigation, confidential communications with legal counsel, property acquisition, and personnel matters, pursuant to RS Mo. Sections 610.021(1), (2), and (3). Memos • Appointment to the Planning and Zoning Commission Advisory Board Minutes • Advisory Board Minutes .ErocCamation Whereas, recovery from mental and substance use disorders, including co-occurring disorders, is an essential part of health and one's overall wellness; and Whereas, treatment and recovery services for mental and substance use disorders and co-occurring disorders is effective, and people can and do recover in our area and around the nation; and Whereas, addressing and overcoming mental and substance use disorders and co-occurring disorders is essential to achieving healthy lifestyles, both physically and emotionally; and Whereas, we must encourage relatives and friends of people with mental and substance use disorders and co-occurring disorders to implement preventative measures, recognize the signs of a problem, and encourage those in need of help to seek appropriate treatment and recovery support services; and Whereas, to help more people with lived experience to achieve and sustain recovery, the U.S. Department of Health and Human Services (HHS), the Substance Abuse and Mental Health Services Administration (SAMHSA), FCC Behavioral Health and Gibson Recovery Center invite all residents of Cape Girardeau to participate in National Recovery Month; and Whereas, we celebrate long term recovery and recognize the dedication of those who provide prevention, treatment and recovery support. Now, Therefore, Be It IWesolved that I, Bob Fox, Mayor of the City of Cape Girardeau, Missouri, do hereby proclaim the month of September as Nationaf Recovery JVlontFi In Witness Whereof I have hereunto set my hand and caused to be affixed the Seal of the City of Cape Girardeau, Missouri, this 12th day of September, 2020. Bob Fox, Mayor Staff: Gayle Conrad, MPCC, Director of Agenda: Citizen Services/City Clerk 9/8/2020 SUBJECT Presentation and discussion regarding City advisory boards and commissions, how created, member appointments and terms, applications, attendance and education. EXECUTIVE SUMMARY This presentation will provide information regarding the current volunteer City advisory boards and commissions, how they are created, how terms are set, how applications are submitted, how members are appointed, and when term limits were established. Many of these boards are advisory, while others are administrative, quasi judicial, or special purpose. BACKGROUNDMISCUSSION Over the past several months, the City Council has discussed various aspects of the numerous boards and commissions serving the City Council and the City of Cape Girardeau. At the Council's request, staff will be providing information and answer questions relating to the City's advisory board process. The following documents are attached for your information, and will be referenced during the presentation: • Legal Requirements for advisory boards and commissions. • List of current boards, including number of members, length of term, how created, current purpose, and attendance requirements • List of advisory board members and Council Ward demographics • Report of Council and public questions, comments and suggestions • Draft Communication Plan GENERAL DIRECTION The presentation will provide council, public and staff comments, questions and suggestions regarding the City's advisory boards and commissions process. Staff will be seeking direction from the Council for possible changes, updates or enhancements to the City advisory board regulations, policies, and processes. ATTACHMENTS: Name: Description: D Advisory -Board -Le ag 1-Requirements.2020-09-08.pdf Board Legal Requirements D Advisory-Board-hifo.2020-09-08.pdf Current boards D AdvisoryBoard ward data Spreadsheet.2020-09-01.12df Boards ward demographics D Advisory-Board-Questions-Cornments-Suggestions.2020 09-08.pdf Board questions, comments, suggestions D Advisory-Board-Conrnxnications-P]an.2020-09-08.pdf Board Draft Communications Plan CITY of CAPE GIRARDEAU Advisory Boards and Commissions Report Legal Requirements City Charter Requirements Adopted by Public Vote 11/03/1981 CITY COUNCIL September, 2020 Section 5.04 - Boards and Commission The council may, by ordinance, establish (a) quasi-judicial appeal boards and (b) boards or commissions to serve solely in an advisory capacity. Unless otherwise required by law, such boards or commissions shall be appointed by the council. Section 5.05. - Existing boards and commissions. Existing boards or commissions shall be continued as now constituted and with the same powers and duties, subject, however to the power of the council to eliminate, revise, consolidate, change or alter the same by ordinance as it may deem necessary. Section 5.06. - Planning and zoning commission. The council shall establish and maintain a planning and zoning commission whose powers and duties are prescribed by ordinance in a manner not inconsistent with this charter or the requirements of state statutes. City Code Sections 2-96 to 2-109 General provisions applicable to all boards and commissions, except as otherwise required by state or federal law, the City Charter, or another city ordinance specifically dealing with a particular board or commission. City Code of Ordinance Requirements In effect as of 09/08/2020 Sections 2-96 to 2-109 General provisions applicable to all boards and commissions, except as otherwise required by state or federal law, the City Charter, or another city ordinance specifically dealing with a particular board or commission. All requirements in Section 2-96 to 2-109 apply to following Boards, except as otherwise required by state or federal law, city charter, or another city ordinance dealing with a particular board: • Airport Board • Board of Adjustment • Board of Appeals • Board of Examiners • Golf Course Advisory Board • Historic Preservation Commission • Park and Recreation Advisory Board Boards and Commissions Report 1 September 2, 2020 CITY of CAPE GIRARDEAU CITY COUNCIL • Planning and Zoning Commission • Public Library Board • Special Business District Advisory Commission • Tree Board • Any other board or commission established by the Council pursuant to sections 5.04, 5.05 and 5.06 of the City Charter. 10-16-95 Ord. No. 1810 • Established residency requirements (Sec. 2-97) 04-03-00 Ord. No. 2701 • Established 2 -term limit for specific boards (Sec. 2-98) • Term limit can be waived if the Council makes a finding that special expertise is required for that board and there are no qualified applicants. (Sec. 2-98) • Restricted multiple board memberships (Sec. 2-99) • Established attendance requirements relating to all meetings of boards (Sec. 2-101) • Addressed removal from office, resignations, quorum and majority voting 10-15-01 Ord. No. 2941 • Attendance requirements not apply to alternate members (Sec. 2-101) • Attendance requirements apply to only regularly scheduled meeting dates (Sec. 2-101) 06-07-04 Ord. No. 3323 • Established 3 full-term limit for specific boards (Sec. 2-98) City Council Handbook Requirements Adopted by Council Motion 02/21/2012 Meeting structure reorganized 05/07/2018 Exhibits updated June 2020 Section VI. Boards The Council may establish boards or commissions to serve solely in an advisory capacity. Unless otherwise required by law, such boards or commissions shall be appointed by the Council. The Public Library Board of Directors, Board of Adjustment, TIF Commission, and Community Improvement Districts Board of Directors, are appointed by the Mayor with consent of Council. Applicants to City Boards and Commissions must complete an Advisory Board Application, Exhibit D, which provides pertinent information to the City Council to assist them in making these appointments. Permanent boards and commissions shall be established by ordinance. The Council shall establish and maintain a Planning and Zoning Commission whose powers and duties are prescribed by ordinance in a manner not inconsistent with the Charter or the requirements of State statutes. Boards and Commissions Report 2 September 2, 2020 CITY of CAPE GIRARDEAU CITY COUNCIL Except as otherwise required by ordinance or State statutes city board and commission members: (a) Must be residents of the City unless otherwise authorized by ordinance; (b) May serve on only one (1) Board or Commission at a time; (c) May not be members of the City Council, except that City Council Members may serve in ex officio positions on Boards and Commissions; (d) Must resign from the Board or Commission if he is selected to the City Council; (e) Will be reminded of attendance requirements if he misses two (2) consecutive meetings or three (3) meetings in any twelve (12) continuous months; (f) Shall be removed if he misses three (3) consecutive meetings or four (4) regularly scheduled meetings in any twelve (12) continuous months' (g) Shall serve for no more than three consecutive full terms beginning with terms that commenced on or after January 6, 1996 unless otherwise authorized by ordinance; and (h) May be reappointed to a board or commission after the expiration of one full calendar year from the conclusion of three consecutive full terms. Section XIV. Code of Conduct D. Conduct With Boards and Commissions The City has established several boards and commissions as a means of gathering more community input. Citizens who serve on boards and commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City's leadership and should be treated with appreciation and respect. Council Members serve as liaisons to boards and commissions, according to appointments, and in this role are expected to represent the full Council in providing guidance to the board or commission and to report activities to the full Council. In other instances, Council Members may attend board or commission meetings as individuals, and should follow these protocols: • If attending a board or commission meeting, identify your comments as personal views or opinions. • Limit contact with board and commission members to questions of clarification. • Remember that boards and commissions are advisory to the Council as a whole, not individual Council Members. • Be respectful of diverse opinions. Summary of Board Requirements from Charter, Code of Ordinances, and Handbook Eligibility for Membership • No member of the City Council, the Mayor, any City employee, nor any appointed City official shall serve on any board of commission except as an ex officio member. • No member of the immediate family of a council person may serve on a board or commission • No member of the immediate family of a City employee may serve on a board or commission in which the employee is directly employed by the department involved. • "Immediate family" is defined as spouse, child, brother, sister, parent, grandparent, father-in- law, mother-in-law, sister-in-law, brother-in-law, son-in-law, or daughter-in-law, and shall also include step -relatives of the same degree. Boards and Commissions Report 3 September 2, 2020 CITY of CAPE GIRARDEAU CITY COUNCIL • Every member of a board of commission must be a resident of the City of Cape Girardeau, unless otherwise specifically allowed for a board. If a board member moves from City residence, he or she will automatically forfeit his or her position on that board. Appointment of Members and Term Limits • Each member of a City board or commission shall serve at the pleasure of the City Council and may be removed at any time and for any reason by a majority vote of the City Council. • No person may serve more than three consecutive full terms on the same board or commission. This does not apply if the City Council makes a finding that special expertise is required and there are no other qualified applicants. Term limitations do not apply to alternate members. • All persons desiring appointment to a particular board or commission must submit an application form before the proposed appointment is submitted to the City Council for consideration. • After a person has served three consecutive full terms on the same board or commission, that person may be reappointed to that board or commission after the expiration of one full calendar year from the conclusion of those three terms. Multiple Board Memberships • No person may serve on more than one City board or commission at any one time. Attendance of Members of Boards and Commissions • If any board or commission member misses three consecutive regularly scheduled meetings, or four regularly scheduled meetings in any 12 continuous months, their position shall be deemed vacant and a replacement will be named. No allowances will be made for any excuses. • A written notice by the mayor will be given to each member when two consecutive regularly scheduled meetings or three regularly scheduled meetings in any 12 continuous months have been missed. Boards and Commissions Report 4 September 2, 2020 Required _ September 2, 2020 Attendance Board # of Members Length of term Creation Doc. Current Reason to Be Requirements Board of Adjustment 5 reg/3 alternate 5 set by State RSMO 89.080 State Law yes Planning and Zoning Commission 4 9 -can be 7-15 4 set by State RSMO 89.070 LH.320 State Law yes TIF Commission 6 by Mayor 4 set by State; other to end of project RSMO 99.820 State Law no Public Library Board of Trustees 9 by Mayor 3 set by State RSMO 182 State Law yes CIDs (Downtown CG, Town Plaza, CapeDogwood) 5-30 by Mayor 4 set by State RSMO 67.1451 State Law no MU Extension Council 1 2 set by State RSMO 262.567 State Law -city w/largest pop. in county no Enhanced Enterprise Zone Advisory Board 1 by Mayor 4 set by State RSMO. 135.957 State law no Southeast Metropolitan Planning Organization M 2 2 Federally Mandate no Board of Appeals 7 reg/2 alternate 5 ORD 7-8 appeal building/fire code yes Historic Preservation Commission 9 3 ORD 30-203 required for MoCLG yes Airport Advisory Board Ord. 1048, 05-28-46; managed operation, maintenance, land acquisition, personnel, budget of 9 3 ORD 4-1 airport yes Golf Course Advisory Board Ord. 1267, 11-02-77; created Golf Board from 9 3 ORD 18-52 /Agreement Recreation Board (see below) yes Parks and Recreation Advisory Board Ord. 1136, 05-10-1917 created Park Commission for maintenance, land acquisitions, personnel, budget of oparks Ord. 725, 10-18-72 created Recreation Board as advisory board to council to review and promote recreation activities Ord. 1261, 10-19-77 created Park Board as advisory board to council to review and promote parks and 11 3 ORD 18-26 recreation yes Tree Board Ord. 2434 11-02-98; replaced street foreman and city 6 3 ORD 24-201 engineering duties relating to trees yes Liquor License Review Board 3 3 ORD 5-36 Appeal to license denial, suspension, revocation yes Special Business District Number 2 Advisory Commission 5 3 ORD 2-145 Dev plan, budget, report on district no Not Listed Specifically In Code MAGNET Mayor/Council Member 1 agreement Res. 3309 agreement no CVB Executive Board 3 3 agreement Res. 3040 agreement no River Campus Board of Managers 3 3 agreement Ord. 2465 agreement no Show Me Center Board of Managers 3 3 agreement Ord. 174 agreement no Boards Managed by City staff but NOT appointed by Council Keep Cape Beautiful Committee 8 maintain KAB association no Parks & Rec Foundation 12 fund raising no review/advise City on policy, procedures and Public Art Committee Public Art Policy Res. 2719 recommendations relative to art in public spaces no Red House Board 10 advise on operation Shawnee Park Sports Complex Advisory Committee 7 advise on operation no Ad-hoc committees temporary TTF; Joint Feasibility/Aquatics; Comp Plan no Required _ September 2, 2020 Advisory Boards And Commissions Member Ward Representation As of September 1, 2020 Airport Board Address Ward Jeff Brune 2902 Pine Hill Spur 4 Joseph Uzoaru 650 Olivia Drive 1 Mark Seesing 1008 Good Hope Street 2 Mark Welker 2912 Cuesta Drive 4 Ryan Dewrock 2452 BrookWood Drive 5 Richard Knote 2063 Chesapeake Ave 4 Beverly Cleair 1612 County Road 227 **outside city limits Justin Davidson 355 Monterra 4 Mike Marshall 128 N New Madrid, Sikeston **outside city limits Board of Adjustment Address Ward Charles Haubold 819 Sharon Drive 5 David Hinton (alt) 2620 Kent Drive 4 Edward Hart (alt.) 2207 Stoney 4 Larry Caldwell 1725 Lakeshore Drive 4 Raymond Buhs (alt) 3120 Independence Street, 15 6 Skip Smallwood 2222 Kent Drive 4 Timothy Kelley 2038 Chesapeake Ave 4 William Whitlock 250 East Cape Rock Drive 1 Members Ward 1 1 Ward 2 1 Ward 3 0 Ward 4 4 Ward 5 1 Ward 6 0 Members Ward 1 1 Ward 2 0 Ward 3 0 Ward 4 5 Ward 5 1 Ward 6 1 Board of Appeals Address Ward Brian Horrell 305 N Maryland **outside city limits Craig Milde 266 S Mount Auburn Road 6 Nicole Annis 3934 Carolewood 6 Kristen Uhrhan (alt) 423 Jeffery Drive **outside city limits Mark Stickland 1306 Gina Drive 4 Melanie Cantrell 2235 Sussex Drive 4 Michael Annis 3934 Carolewood 6 Robert Blasiney 12 Schonoff Lane 6 Willie Sandin (alt) 2989 State Highway 25, Jackson **outside city limits Golf Board Address Ward Cindy Gannon 2117 Yorktown Drive 4 Gary Wren 1531 Revlon Drive 5 Jerry Grim 1674 Brook Wood Drive 5 JJ Schulz 1550 Grandview Drive 5 Keith Sander 2726 B Plymouth Drive 5 Ken House 2137 Chesapeake 4 Mark Matthews 2657 Copperfield Court 6 Nate Saverino 2424 Cheetah Lane 4 Brad Wittenborn 2600 Cobblestone Court 6 Members and 1 and 2 and 3 and 4 and 5 and 6 Members and 1 and 2 and 3 and 4 and 5 and 6 Historic Preservation Address Ward Ken Markin 1731 Themis 1 Bonnie Kipper 1251 Normal Avenue 1 Brianna DeWitt 804 Perry Ave 3 Lauren Clark 2241 Hillbrook Dr 4 Felix Kinsley (hon) Ken Stilson 1924 Oak Hills Drive Anne Hendrix 2700 Janet Drive 5 Michael McKeever 418 S Spring St Apt C 6 Mark Bliss 3901 Carolewood 3 Peter Reckling 920 West Rodney Drive 1 Phyllis Sides 1323 Brenda Kay Court Apt D 2 Parks And Rec Board Address Ward Roger Hudson 1321 Kenwood Drive 6 Nicholas Snyder 1651 N Main Street 1 Tracey Glenn 2244 Derbyshire Lane 6 Ken Stilson 1924 Oak Hills Drive 4 David Cantrell 1504 BriarCliff Drive 4 Kevin Noel 914 Pheasant Cove 4 Beverly Evans 2905 Baker Farm Circle 4 Gunnar Knudtson 42 B North Mair Street 2 Bradley LaBruyere 711 Terrace Drive 1 Anne Dohogne 2593 Saddlegate 4 Pete Frazier 471 South Lake Drive 1 Members and 1 and 2 and 3 and 4 and 5 and 6 Members and 1 and 2 and 3 and 4 and 5 and 6 Planing And Zoning Address Ward Derek Jackson 1530 New Madrid 1 Ed Thompson 3105 Vail Street 6 Patrick Koetting 1405 Lexington 4 Bruce Skkinner 1009 Dearmore Court 6 vacant* 2001 Lee Drive 4 Larry Dowdy 2323 Perryville Road 4 Kevin Greaser 2437 Horsehoe Ridge 4 Jeff Glenn 2244 Derbyshire Lane 4 Thomas Welch 2162 Sussex 4 Library Address Ward Amy Trueblood 2214 Stony Point 4 David Dively 2520 Greenway Drive 4 Cynthia Heishmidt 2317 Brookwood Drive 5 Eric Redinger 2621 Marvin 5 John McGowan 2001 Lee Drive 4 John Voss 834 Alta Vista 1 Emily Vines 910 Themis 2 Rehka Patterson 4035 Connor Drive 6 Stacy Dohogne 2415 Perryville 4 Members and 1 and 2 and 3 and 4 and 5 and 6 Members and 1 and 2 and 3 and 4 and 5 and 6 Tree Board Address Ward Robert Harris 628 South Benton 2 Sven Svenson 1506 Price Drive 1. Beverly Evans* 2905 Baker Farm Circle 4 Laura Klipfel 1304 Holly 6 Jennifer Behnken 1969 Randol Ave 5 Liquor License Address Ward 1 Ward Brandon Cooper 1726 Themis Ward 3 3 James Newman 3029 Patriot Dr Ward 5 5 Daniel Grimm 1589 CR 618 4 Members 11 Ward 1 1 Ward 2 1 Ward 3 0 Ward 4 1 Ward 5 1 Ward 6 1 Members 11 Ward 1 0 Ward 2 0 Ward 3 1 Ward 4 1 Ward 5 1 Ward 6 0 —11 Current Members Total Ward 1 11 Ward 2 5 Ward 3 3 Ward 4 30 Ward 5 11 Ward 6 14 74 Current Applicants Address Ward Scott Blank 2717 Peach Tree 5 Brianna Biri 372 West Cape Rock Drive 3 Mary Darby 1570 Saratofa Street 4 Ranaldi Fleming n/a Richard Gross 608 Woodbine Street 5 Shannon Hagan 1602 Amblewood Dr #3 4 Kathy Hess 2580 Magnolia Ave 5 Bob Howard 2456 Meadow Lane 3 Claire Kneer 2062 Concord Place 4 Ryan Lane 2415 Perrville Road 4 Sunil Mungee 2204 Crown Pointe Dr 4 Josh Parham 3059 Cannon Lane 5 Alyssa Phares 34 N. Fountain 2 Whitney Quick 1414 Perryville Road 4 Roger Seay 1419 Parkmor Drive 4 Hannah Seesing 1009 Good Hope Street 2 Ivy Shen 2402 Masters Dr 3 Melissa Stickel 2000 Perryville Rd 4 Kent Ward 1545 Greenbrier 3 Sid Whittington 3133 Park Place Dr, Cape Girardeau Mo 6 Teresa Wilke 3726 Old Hopper Rd 6 Deborah Young 221 Marlin Dr 1 Applicants Ward 1 1 Ward 2 2 Ward 3 4 Ward 4 8 Ward 5 4 Ward 6 2 21 CITY of CAPE GIRARDEAU CITY COUNCIL Advisory Boards and Commissions Report September, 2020 Council and Public Questions, Comments and Suggestions Boards and Members • How/why were the advisory boards created? • How are members appointed? Ballots v. open council discussion. • See attached worksheet for Current board roster and board regulations. • See attached ward makeup for each board and current applicants. Terms • When/why were term limits established? • Change terms on all boards to be the same length of time. • Change expiration dates so all are in the same month. • Amend term limit to maximum of 2 full terms (ordinance change). Applicants/Applications • How are applications submitted, processed, retained? • How are applications submitted for Boards not governed by section 2-96 of the City Code, ex. CID? • How do we get the applicants and board members to better represent the community? • Lack of diversity — age, gender, ward, race, etc. • Change application — provide optional demographic questions. • How to get to know board applicants, their interest in the board, etc.? • Have applicant submit to the City an introductory letter or email about themselves. • Invite board applicants to Council study session prior to appointment on the Council agenda Require applicants to answer the following questions either at a Council Study Session or via video (policy change). These are the same questions on the Advisory Board application: o Explain why you are interested in serving on this advisory board. o Describe your specific qualifications for this board. o Discuss your relevant experience and other community activities. o Review your education and work experience. • Have applicants appear before the Council or present video discussing why he/she wants to serve on a board Attendance • When/why were attendance requirements established • Amend attendance policy by allowing the City Manager to authorize exceptions for extenuating circumstances upon written request by a board member (ordinance change) Other Suggestions: • Reserve one position on each board for Citizen Academy graduate • Reserve one position on each board for a new applicant. • Develop Youth Council or provide for student members on boards. Advisory Boards and Commissions Report 1 September 2, 2020 CITY of CAPE GIRARDEAU CITY COUNCIL • Re -Engage the Public Awareness Advisory Board to assist with board education and promotion. • Change times of board meetings to allow the most number of people to attend, i.e. difficult to attend lunch meetings, etc. Advisory Board Education • How can we improve awareness/interest in City boards? • Establish Board Promotion/Communication Plan (see attached) • Develop Onboarding Program and Training for newly appointed board members o Laws — Ordinances, Sunshine Law, Conflicts of Interest o Conduct of a Meeting o Cultural Sensitivity o Specific boards may require specific training • Annual refresher training for each advisory board • Annual training for advisory board staff liaisons • Develop video/tutorial on how to access board agendas, minutes and meetings. • Educate public that all Advisory Board meetings are open to the public. Advisory Boards and Commissions Report 2 September 2, 2020 CITY ® CAPE GIRARDEAU CITIZEN SERVICES DEPARTMENT Advisory Boards and Commissions Communications Plan September, 2020 Situation Analysis Cape Girardeau's citizens are not aware that they have the opportunity to shape how local government operates through volunteer participation on advisory boards and commissions. Several citizen leadership positions on the boards are open, and vacancies arise due to term limits and resignations. Applicants are continually needed and residents are strongly encouraged to participate at board and commission meetings. Communications planning is necessary to increase overall awareness of the boards' influence in our community, to increase the number of applicants, to coordinate how and when residents receive information from each of the boards, and to highlight upcoming agenda items that affect our community. Objective 1 Increase awareness of the advisory boards and commissions in Cape Girardeau's City Government and how each affects our community. • Board members are Cape Girardeau residents (with few exceptions) • Advisory Board spotlight/presentation at City Council study sessions — update on current activities, plans, etc. • Citizens have the chance to share their thoughts and shape how the City Council conducts business through participation on the boards and commissions • Two "types" of boards and commissions: Advisory, Administrative o Advisory — The City Council asks members of advisory boards to make recommendations related to the board's area of expertise o Administrative — have quasi -legislative (decision-making) powers to govern delegated items Objective 2 Attract a larger variety of applicants of all demographics to apply for Cape Girardeau's boards and commissions. • More applicants = fewer/less lengthy vacancies • More applicants provide for a larger pool of community representation and ideas Objective 3 Increase community participation during all public meetings. • Clearly communicate meeting dates/times/agenda details to residents through multiple channels • Citizens should care about Agenda Item XYZ because Item ABC will be affected, therefore participation is important. Tactics / Timeframe Print and Visual Tactics • Develop a regular, side -column "ad" in the One Cape newsletter, detailing vacancies and upcoming dates/times/agendas • Send regular public meeting reminders, with links to agendas and minutes; Develop a "Meetings and Policy" email group — media, chamber, other? Advisory Boards Communications Plan 1 September 2, 2020 CITY a CAPE GIRARDEAU CITIZEN SERVICES DEPARTMENT Website / Social Media Tactics • Add chairman's photo and comments to each board's webpage • Use social media management software to schedule postings in advance regarding meetings and available agendas, minutes • Post information about board achievements, photos, projects, and more as available • Use Facebook's notes feature to post meeting notices, agendas, and minutes — which in turn creates a reference for media and RSS feed • Do a "spotlight post" regarding one of the boards, coordinating with meetings, to encourage community involvement (post stresses why the community should care; feature article linked) • Search for Facebook fan pages and of Cape Girardeau service organizations and businesses and post information about upcoming meetings that would apply to each group's target audience • Create a video about the boards and commission's operations and people involved Staff Relations / Face -to -Face / Community Interaction Tactics • Get a head count of attendees that are non -staff and non -board members at each meeting • Have a staff liaison alert PIO when something newsworthy happens before, during and after public meetings so that press and other communications can be sent • Staff liaisons visit area civic groups and clubs to distribute fact sheets and/or flyers about each board to encourage involvement • Appoint a board member to assist with media communications, and ensure that appointee has basic media relations training • Have the City Council mention applicable board achievements, and direct citizens to seek more information on the City's website and social media outlets • Contact Southeast Missouri State University organizations that might benefit from attending public meetings related to their group's mission and encourage their attendance and involvement Measure Results • Check with staff / board members in 6, 12 and 18 months to see if meeting participation and attendance has increased • Review Facebook Insights on board posts and retweets / direct messages / mentions from Twitter • Review number of applications for open board positions to check if increased Advisory Boards Communications Plan 2 September 2, 2020 Staff: Ryan Shrimplin, AICP - City Planner Agenda: 9/8/2020 SUBJECT A public hearing to consider a request to rezone property at 1134 North Sprigg Street from R-4 (Medium Density Multifamily Residential District) to C-1 (General Commercial District). EXECUTIVE SUMMARY A public hearing has been scheduled for September 8, 2020 to consider a request to rezone property at 1134 North Sprigg Street. An ordinance rezoning the property is on this agenda as a separate item. BACKGROUND/DISCUSSION A rezoning application has been submitted for the property at 1134 North Sprigg Street. The applicant is requesting that the property be rezoned from R-4 (Medium Density Multifamily Residential District) to C-1 (General Commercial District). The immediately surrounding properties are zoned R-4 (Medium Density Multifamily Residential District) to the north, east, and southeast; C-1 (General Commercial District) to the southwest; and R-2 (Single -Family Urban Residential District) to the west. This area consists of a mix of residential, commercial, and institutional uses. The Cape Vision 2040 Future Land Use Map shows the subject property as Local Commercial. A public hearing has been scheduled for September 8, 2020 to consider the rezoning request. An ordinance rezoning the property is on this agenda as a separate item. 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 property is located across the street from the Show Me Center and is adjacent to an existing C-1 zoned property containing a convenience store and vehicle fueling station. The C-1 district is the zoning equivalent of the Local Commercial land use category in the Cape Vision 2040 comprehensive plan. For these reasons, the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the rezoning request. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing at its meeting on August 12, 2020 and recommended approval of the rezoning request by a vote of 6 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City Councirs public hearing was advertised in the Southeast Missourian on August 23, 2020. In addition, a sign containing the date, time, location and subject of the Planning and Zoning Conunission and City Council public hearings was posted on the property. Notices were also mailed to the adjacent property owners. ATTACHMENTS: Name: Description: U Staff Review -Referral -Action Form.pdf 1134 North Spigg Street - Staff RRA Form ® Map Zoning - 1134 N Snriee Street.pdf 1134 North Spragg Street - Zoning Map Map FLU - 1134 N Sprigg_StregLpdf 1134 North Spragg Street - FLU Map ® Application - 11346N Snriee St Rezoning_pdf 1134 North Spragg Street -Application R-4.pdf R-4 District Regulations GI.pdf G1 District Regulations CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application FILE NO. 1404 LOCATION: 1134 North Sprigg Street STAFF REVIEW &c COMMENTS: JJP Investments is requesting to rezone property at 1134 North Sprigg Street from R-4 (Medium Density Multi- family Residential District) to C-1 (General Commercial District). SEE STAFF REPORT FOR FURTHER INFORMATION /)l," ��;f 7;�- City Pla r tl City Atto CITY MANAGE$-AER'ERRAL TO THE PLANNING AND ZONING /-zt�2.o Date Date City Manager Date Planning & Zoning Commission Public Hearing Sign Posting Date: Public Hearing Date: RECOMMENDED ACTION: Favor Oppose Abstain Favo Oppose Abstain Larry Dowdy El Li❑ Bruce Skinner ❑ ❑ Jeff Glenn ❑ ❑ Doug Spooler ❑ ❑ ❑ Kevin Greaser ❑ ❑ Ed Thompson ❑ ❑ Derek Jackson ❑ ❑ ❑ Tom Welch ❑ ❑ Patrick Koetting 0 ❑ ❑ VOTE COUNT: COMMENTS: &I Favor CITIZENS COMMENTING AT MEETING: 0— Oppose Abstain — �4w Kevin Greaser Planning & Zoning Commission Secretary City Council Action Posting Dates: Sign Newspaper Public Hearing Date: Ordinance 1" Reading Ordinance 2"d & 3Yd Reading: VOTE COUNT: Favor Oppose ORDINANCE # Effective Date: Abstain �L Q V) Rezoning Request 1134 North Sprigg Street Requested Rezoning from R-4 (Medium Density Multi -family Residential) to C-1 (General Commercial) Future Land Use Recommendation: Local Commercial 1318 1318 1318• •1318 1318• • • 1318 1126 • W E S �,, CITYOf CAPE G I R A R D E A U Created by: Development Services Carol Peters July 17, 2020 0 35 70 140 Fee •6 06 • 7 7 6 • •6 7••• 8 8 $ • 7 000 7 7 8 • •• • 008 6 6 6 7 • 6000 • •66 6 • 616 616 • 612 616 616 • a • 612 • 1134 • 1142 1140 Y • V �L 10 10 1132 d • 1122 • • 1103 Legend QArea to be Rezoned Parcels Zoning District C1 R2 R4 �L Q V) Rezoning Request 1134 North Sprigg Street Requested Rezoning from R-4 (Medium Density Multi -family Residential) to C-1 (General Commercial) Future Land Use Recommendation: Local Commercial 1318 1318 1318• •1318 1318• • • 1318 1126 • W E S" I CITYOf CAPE G I R A R D E A U Created by: Development Services Carol Peters July 17, 2020 0 35 70 140 Fee •6 06 • 7 7 6 ••6 7••• 8 8 • 7 •••8 7 7 8 • •• • 8 8 8 6 6 6 7 • • • 6000 • 6 •66 1134 • 1142 (%� I 1140 Y • V Z 10 1132 W I • 1122 Legend QArea to be Rezoned 616 1103 0 Parcels • • 2040 FLU Recommendation •616 612 0 High Density Residential 616 616 • 0 Institutional r • • 612 Local Commercial Low Density Residential Medium Density Residential 4 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 1134 N Sprigg St Applicant Property Owner of Record (if other than Applicant) JJP Investments Villas of West Park Mailing Address City, State, Zip Mailing Address City, State, Zip 1610 N Kingshighway, Sul Cape Girardeau MO 6: 1985 Boutin Dr Cape Girardeau Mo 637 Legal description of property to be rezoned and/or upon which the special use is to be conducted Describe the proposed use of the property. The developer plans to put a drive-thru restaurant on the property. A; ,iryatiG,n ivietiiru 2,S �`ie, n-Xt p-ge OFFICE USE ONLY Date Received & By /1-'!5 ;dr) File # i ! MUNIS Application # MUNIS Permit # Application Fee Received $ ❑ Check # © Credit Card ❑ Cash Planning & Zoning Commission Recommendation Date City Council Final Action Date Revised 12/06/2019 -------- - - 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 ITEMS in addition to this completed application form, the following items must be submitted: Application fee ($135.00 payable to City of Cape Girardeau+ additional $80 for Planned REQUIRED Development rezonings) List of adjacent property owners (see Instructions for requirements) See Instruction5for 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) one (1) set of Planned Development documents (Planned Development rezonings only) CERTIFICATIONS rhe undersigned h ereby certifies that: I) They are the Property Owner(s) of Record for the property described in this application; 2) They acknowledge that the special use permIt, if approved, will become null and void if the use for which the permit was granted does not commence within twelve (12) months of the approval date, unless an extension has been granted; and 3) They acknowledge that they are responsible for ensuring that all required licenses and permits are obtained prior to commencing any use or work on the property. ZOZO Property Owner of Record Signature and�rinted Name Date (Provide additional owners signatures acrd' printed names in the space below, If applicable) The undersigned hereby certifies that they are an agent duty 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. 07,,14-2020 A Printed Name Date ppllc'at Sinatu e and Revised 12/06/2019 EXHIBIT A Lot Five (5) in Block Four (4) of Marble City Heights Addition, a subdivision in the City and County of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 2 at Page 36. Also, a parcel of land being all of Lots 1, 2, 3, 4, 17 and 18 in. Block 4 of Marble City Heights Addition, as shown by plat recorded in Plat Book 2 at Page 36, and all of the vacated portion of Ruby Street abutting Lots I and 18 and all of the vacated portion of the alley abutting Lots 1, 2, 17 and 18 and all of the East half of the portion of the vacated alley abutting Lots 3 and 4, all being in the City and County of Cape Girardeau, Missouri, described as follows: Begin at the Southeast comer of said Lot 4, Block 4, of said subdivision; thence northerly along the East R/W line of Frederick Street, 230.0 feet to the North line of vacated Ruby Street; thence westerly with the said North line, 365.0 feet to the East R/W line of Sprigg Street; thence southerly along said East R/W line, 130.0 feet to the Southwest comer of said Lot 17, Block 4 of said subdivision; thence easterly and perpendicular with the East line of Sprigg Street, 182.5 feet to the center of an alley, now vacated; thence southerly parallel with the East line of Sprigg Street and with the centerline of said alley, 100.0 feet; thence easterly along the South line of said Lot 4, 182.5 feet to the point of beginning, Less and except the West 2.5 feet of Lots Three (3), Four (4) and Five (5) in Block Four (4) of Marble City Heights Addition, a subdivision in the City and County of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 2 at Page 36 AND all of the East one,half (Y2) of the portion of the vacated alley abutting the West side of said Lots Three (3), Four (4) and Five (5), being a strip of land Ten (10) feet wide East-West and One Hundred Fifty (150) feet long North,South. rl.% V-1 O Ln C*14 r-i N LO rH 0 0 0 N 0 Izil Ln r-I 00 r... Qr". r*-., r-i r%-. r*-. r%% r-i rl-. r.% r*-% m m Mm M Mm M M (Y) CL QO 110 � kD � ko kD (.0 (1.0 � w it ® 0 0 0 00 0 000 0 m m m m m m (1) -0 (1) -0 (A — (1) "a a) a (1) Cl) a) L. L L- LZ m 0 L- m 0 LA 0 m •m > Ile 4-J V) u 4-J m u u m m u u V C: (3) %. N S.�= C) m 0 2 a 0 4-j tw (Y) M o 0 bW 0 Z X 0 w W E r. X 0 bD O co U N x (b m 0 n cm M 0 o CL m U M 00 -n (N �o o CL L- :3 0) on r-4 Lr) t r-q 00 0) C U < 0 (A 4-J +mJ +-J 4-; Ln 4-; Lr) 4-j V) 4-J kn 4--) V) 4-; 4) La-6 (A Ln v) tn 13 CaAqA b-0 on w U u u u L� L� bO ai CL CL CL (31 cu (v (1) (1) OD OD CL >, t v) Ln to L- U. U. L- LL L- Li- fu = m (A 4) z z z z z 5 > z C L W N N C) N r-,. wo 00 r-i Lo 0 C%4 r-i m r-i H r-I N CL CL 0 •0 4-J 0 c 4-J 4vi 4-j a u j cu oto CL (Ii ado) V (D 0 ai E CL 0 0. - 7- 4 r-4 t 4- J 4-J 0- t D > 0 CL M CL Lu u m in Lo4-J CL 0 a I- < ai 0 4-J 4- < <J 8/31/2020 Cape Girardeau, MO Code of Ordinances Sec. 30-325. - R-4, medium density multifamily residential district. (a) Purpose. The R-4 district provides for multifamily dwellings and other residential uses with a maximum density of eighteen (18) units per one (1) acre. Single-family detached and two- family (duplex) dwellings are permitted in order to accommodate existing R-4 zoned lots that either contain such uses or are not large enough to be developed for multifamily dwellings. It is not intended for new single-family detached or two-family subdivisions, which are prohibited. (b) Permitted principal uses. (1) Single-family detached dwellings, with only one (1) dwelling per lot, and excluding new single-family detached subdivisions. (2) Two-family (duplex) dwellings, excluding new two-family subdivisions. (3) Multifamily dwellings. (4) Townhouses. (5) Cluster subdivisions, as permitted elsewhere in the City Code. (6) Nursing homes, senior citizen housing and retirement homes. (7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and/or outdoor recreational facilities, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners association. (8) Public parks, playgrounds, and recreational facilities. (9) Police and fire stations. (10) Elementary, middle and secondary schools, and development centers for elementary, middle and secondary school age children with physical, mental or developmental disabilities. (11) Commercial day cares. (c) Permitted accessory uses. (1) Private garages, carports and accessory structures, as permitted in section 30-403, supplemental regulations. (2) Home occupations, as permitted in section 30-405, supplemental regulations. (3) Solar energy systems, as permitted in section 30-410, supplemental regulations. (4) Short term use of shipping containers for accessory uses, as permitted in section 30- 402, supplemental regulations. (d) Special uses. (1) Bed and breakfasts. (2) Cemeteries, on a minimum often (10) acres of land. 1/3 8/31/2020 Cape Girardeau, MO Code of Ordinances (3) Transitional housing. (4) Wind energy conversion systems, as permitted by section 30-410, supplemental regulations. (5) Residential treatment facilities. (6) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. (7) Long term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (e) Height, area, bulk and setback regulations. (1) Maximum height: Five (5) stories not to exceed sixty (60) feet. (2) Minimum lot area: a. Each townhouse must be on a separate platted lot consisting of at least one thousand four hundred (1,400) square feet. b. All other uses: Three thousand seven hundred fifty (3,750) square feet. (3) Maximum density: Eighteen (18) units per one (1) acre. Higher densities maybe approved with a cluster subdivision, as permitted elsewhere in the City Code. (4) Minimum lot width: a. Each townhouse: Twenty (20) feet. b. All other uses: None. (5) Minimum yard requirements: a. Front yard: 1. Each townhouse: Ten (10) feet. 2. All other uses: Twenty-five (25) feet. b. Rear yard: 1. Each townhouse: Twenty (20) feet. 2. All other uses: Twenty-five (25) feet. c. Side yard: 1. Each townhouse: None. 2. All other uses: Five (5) feet. (6) Maximum building coverage, including accessory buildings: Fifty (50) percent of the lot for all uses except townhouses. (7) Open space requirements. For any multifamily residential uses or nonresidential uses, a minimum of twenty (20) percent of the total lot area shall be devoted to open space, including required yards and bufferyards. 2/3 8/31/2020 (Ord. No. 5012, art. 4, 10-2-17) Cape Girardeau, MO Code of Ordinances Editor's note— Ord. No. 5012, art. 4, adopted Oct. 2, 2017, repealed the former § 30-325 and enacted a new section as set out herein. The former § 30-325 pertained to similar subject matter and derived from Ord. No. 4790, art. 1, adopted Sep. 14, 2015. 3/3 8/31/2020 Cape Girardeau, MO Code of Ordinances Sec. 30-333. - C-1, general commercial district. (a) Purpose. The C-1 district is primarily intended for areas of the city located along minor thoroughfares and adjacent to residential districts. Appropriate uses for this district include commercial developments not requiring long term outdoor display of merchandise, as well as certain governmental, institutional, and community service facilities. Other uses having the potential to significantly affect adjacent residential districts may be allowed with approval of a special use permit. (b) Permitted principal uses. (1) Art galleries or museums. (2) Banks or other financial institutions. (3) Bed and breakfasts. (4) Commercial day cares. (5) Commercial recreation facilities, excluding driving ranges or outdoor shooting or racing. (6) Funeral homes or mortuaries. (7) Governmental facilities. (8) Health or fitness centers. (9) Institutions of higher education, including business, career or technology schools. (10) Instructional schools for art, dance, music, martial arts or other disciplines. (11) Libraries. (12) Medical marijuana dispensary facilities, as permitted in section 30-415, supplemental regulations. (13) Microbreweries. (14) Middle schools, secondary schools, or development centers for people with physical, mental or developmental disabilities. (15) Nurseries or greenhouses. (16) Nursing homes. (17) Offices. (18) Parks or playgrounds. (19) Personal service establishments. (20) Pet grooming facilities, excluding kennels. (21) Police or fire stations. (22) Residential treatment facilities. (23) Restaurants or bars. (24) Retail or rental establishments, excluding the sale or rental of outbuildings, vehicles, or large agricultural or construction equipment. (25) Television or radio studios, including any transmitting facilities. (26) Transit terminals. (27) Veterinary clinics or animal hospitals, excluding livestock. (28) Wineries. (c) Permitted accessory uses. (1) Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-403, 1/3 8/31/2020 Cape Girardeau, MO Code of Ordinances supplemental regulations. (2) Short term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (3) Solar energy systems, as permitted in section 30-410, supplemental regulations. (d) Special uses. (1) Banquet facilities. (2) Hotels or motels. (3) Kennels. (4) Long term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (5) Meeting halls. (6) Mini warehouses or self -storage units. (7) Public utilities, except for buildings or accessory structures that are normal and customary in a zoning district which would allow other buildings or structures of the same nature as a use -by -right. (8) Short term or long term use of shipping containers for principal uses, as permitted in section 30-402, supplemental regulations. (9) Telecommunication towers, as permitted in section 30-404, supplemental regulations. (10) The allowance of additional height up to a total of sixty (60) feet, not to exceed a total of five (5) stories. (11) Transitional housing. (12) Uses involving the sale or rental of outbuildings, vehicles, or large agricultural or construction equipment. (13) Vehicle fueling, service or repair facilities, excluding body or paint shops. (14) Vehicle washing facilities, including automatic or hand wash. (15) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. (e) Standards. (1) All storage of merchandise, materials, products or equipment shall be within a fully enclosed building or in an open yard so screened that the items being stored are not visible from the street or any adjacent property. (2) Outdoor display of merchandise is prohibited, except as follows: a. Merchandise may be displayed outdoors as part of a temporary use, as permitted in section 30-406, supplemental regulations. Nursery stock, accessory landscaping decorations, and seasonal and holiday decorations may also be displayed outdoors during the appropriate season. Such displays are permitted in accordance with the following provisions: 1. Displays shall not be located in a right-of-way. 2. Displays shall not be located in parking spaces used to meet the minimum number of parking spaces as required elsewhere in the City Code. Displays that are part of a bazaar, craft sale, garage or yard sale, or similar temporary event are exempt from this requirement, as determined by the city manager. 3. Displays shall not impede vehicular or pedestrian access. 4. Displays shall not alter the structure of any building. 5. Displays shall not create a health or safety hazard. 2/3 8/31/2020 Cape Girardeau, MO Code of Ordinances 6. Displays shall be well kept and orderly. 7. Signs may be displayed as permitted elsewhere in the City Code. 8. The display of seasonal items shall be limited to a time period that is customary for the season associated with the display, which shall be at the discretion of the city manager. (3) Outdoor service areas and equipment such as loading docks, mechanical equipment, storage areas or waste containers shall be located in the rear or side yard and screened as required elsewhere in the City Code. (f) Height, area, width, setback and open space requirements. (1) Maximum height: Forty (40) feet, not to exceed three (3) stories. (2) Minimum lot area: None. (3) Minimum lot width: None. (4) Minimum setbacks: a. Front yard: Twenty-five (25) feet. b. Rear yard: None, except twenty (20) feet when adjacent to a residential use or district, or ten (10) feet when adjacent to an agricultural use or district. c. Side yard: None, except twenty (20) feet when adjacent to a residential use or district, or ten (10) feet when adjacent to an agricultural use or district. (5) Minimum open space. Fifteen (15) percent of the lot area. (Ord. No. 5211 , art. 4, 7-15-19) Editor's note— Ord. No. 5211 , art. 41 adopted July 15, 2019, repealed the former § 30-333 and enacted a new section as set out herein. The former § 30-333 pertained to similar subject matter and derived from Ord. No. 5025, art. 1, adopted Nov. 20, 2017. 3/3 Staff: Kelly Green, P.E., City Engineer Agenda: 9/8/2020 SUBJECT A Public Hearing to consider vacating the City's interest in the Utility Easement located in the Star Vue Subdivision, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The City received a vacation request from Bradley Schlosser of Star Vue Subdivision. The requested vacation is not contrary to any current City plans. All interested parties shall be afforded the opportunity at the hearing to speak in favor of or in opposition to the proposed vacation. Staff requests the City Council hold a Public Hearing regarding the vacation of the Utility Easement located in Star Vue Subdivision, in the City of Cape Girardeau, as shown in yellow on the attached map. PUBLIC OUTREACH A notice of Public Hearing was published in the Southeast Missourian on August 25, 2020. ATTACHMENTS: Name: Description: D Star We Petition.ndf Petition D Star We Subdivision Plat-Easerrrnt Vacation.pdf Map D SEnissourian Publishers AFF.pdf Star Vue Publishers Aff IRA REQUEST TO VACATE ALLEY/STREET RIGHT-OF-WAY/EASEMENT PETITION CITY Of CAPE IRAAt DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI: We, the undersigned property owners, request the necessary steps be taken, and agree to pay the application fee associated with the vacation of the following right-of-way or easement: Easement for electric, water and gas; see Book 301 page 568 Printed Name Printed Address Signature Bradley Schlosser 1850, 1860, 1870 Star Vue Court Cape Girardeau, MO 63701 1,2 CHECK HERE ❑ if additional sheets are attached. Petition is to be signed by all property owners abutting the property in which the City's interest is sought to be vacated. Primary Contact Name*: Bradley Schlosser Phone #:573-450-0107 *Primary Contact is the party responsible for all correspondence and payment of application fee. OFFICE USE ONLY Date Received By File Number City Staff Action Date City Council Final Action Date 07/01/18 a EL SURDI�IISIQN DEDATION: �+ RECORD r p L A T THE UNDERSIGNED, STAR VUE RENTALS, LLC, OWNER OF A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF FRACTIONAL SECTION 26, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE STAR VUE SUBDIVISION GIRARDEAU, STATE OF MISSOURI, DESCRIBED BY WARRANTY DEED RECORDED IN DOCUMENT NUMBER 2014-06465 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LEXINGTON AVE LEGENp; A MINOR SUBDIVISION LOCATED IN THE NORTHWEST QUARTER OF FRACTIONAL BEGINNING AT THE NORTHERNMOST CORNER OF SAID TRACT, SAID CORNER BEING ON THE SOUTHWESTERN RIGHT OF WAY LINE OF U.S. HIGHWAY fit/NORTH KINGSHIGHWAY, AND WITH SAID RIGHT OF WAY LINE, THENCE S 54`53'00"E, 25.03 FEET; THENCE LEAVING E EXISTING SECTION, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, SAID RIGHT OF WAY LINE AND WITH THE LINES OF SAID WARRANTY DEED, ALSO WITH THE NORTHWESTERLY LINE OF A TRACT OF s ti����9rs S SET LAND DESCRIBED BY WARRANTY DEED RECORDED IN DOCUMENT NO. 2007-15604, S 34'42'25"W, 201.41 FEET; THENCE o SET 1/2" IRON PIPE. IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI 5 55'10'55"E, 128.05 FEET. s 36'02'34"W, 278,07 FEET; THENCE S 0'42'40"E, $60.86 FEET; THENCE s 79'55'45"1N, �� '�'a� THENCE '835.95 FEET; THENCE N 0 Z7 30 W, 1301.63 FEET; THENCE S 70'43 45 E, 56.44 FEET; THENCE S 39. 44 45 E, 142.34 FEET; t`' keys UNLESS NOTED OTHERWISE ) APRIL 20, 2©20 THENCE S 56'27'20"E, 187.86 FEET; THENCE S 67'49'15"E, 134.66 FEET; THENCE S 76'41'50"E, 87.75 FEET; THENCE Qcr� (M) MEASURED STANCE N 83'18'05"E, 78.12 FEET; THENCE N 3727'35""E, 169.25 FEET; THENCE N 252'40"E, 80.87 FEET; THENCE N 5'20'14"W, 102.07 �9y d RIGHT-OF-WAY MARKER FEET; THENCE N 19'09'14]E, 117.90 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN WARRANTY DEED yOPP� P.O.B. POINT OF BEGINNING RECORDED IN DOCUMENT NO. 2010-01893; THENCE S 49'18'50"E, 179.47 FEET; THENCE N 34'4{1'35"E, 201.84 FEET TO THE POINT SUBDIVISION BOUNDARY LINE OF BEGINNING AND CONTAINING 21.03 ACRES, a NEW LOT LINE y HEREBY DECLARE THAT WE HAVE CAUSED SAID LAND TO BE SUBDIVIDED INTO LOTS AS SHOWN HEREON, AND DO HEREBY NAME SAID SCALE: 1"=100' ADJOINER PROPERTY LINE SUBDIVISION "STAR VUE SUBDIVISION". THE UTILITY EASEMENTS SHOWN HEREON ARE HEREBY GRANTED TO THE CITY OF CAPE p ___________ EXISTING EASEMENT LINE GIRARDEAU, MISSOURI IN PERPETUITY FOR PUBLIC PURPOSES, INCLUDING THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, 0 50 100 200 E AND EXPANSION OF CITY WATER AND SEWER SYSTEMS, AND AS MAY BE AUTHORIZED BY THE CITY OF CAPE GIRARDEAU, MISSOURI 1�ISSOUT�Iq HIGHWAY K z _ _ , _ \ NEW EASEMENT LINE TO BE USED BY A PUBLIC OR PRIVATE UTILITY PROVIDER FOR PURPOSES RELATED TO THE INSTALLATION, MAINTENANCE, REPAIR, ( REPLACEMENT, AND EXPANSION OF SUCH UTILITY SYSTEMS. THE SUBDIVISION SHALL BE SUBJECT TO COVENANTS AND RESTRICTIONS BEARINGS ARE REFERENCED TO GRID — _ — BUILDING SETBACK LINE ��1s AS SET OUT IN A SEPARATE INSTRUMENT ON FILE IN THE LAND RECORDS OF SAID COUNTY. NORTH, OF THE MISSOURI STATE PLANE CHURCH ENTERPRISES, LLC f �` COORDINATE SYSTEM (EAST ZONE), - - - T INGRESS -EGRESS EASEMENT WARRANTY DEED RECORDED LOCATION MAP OBTAINED FROM GPS OBSERVATION. IN DOC. 2010-01893 RIGHT OF WAY LINE 45', P.O.B. STAR VUE RENTALS, LLC S 54'53'00" E NOT TO SCALE � CENTERLINE SEE CENTER DETAIL B"- 25.03 S 4918'50" 50 EEXISTING NEW 10' UTILITY EASEMENT 1 179,47 (M) BUILDING E s BRADLEY SCHLOSSER, MANAGING MEMBER �O � ,C Q�tO 1E (l..51 '/SW) N 3,V40'35"E-_ FLOOD PLAIN STATEMENT: eF-pp� E 25' BLDG LINE a N 19'09 10 E 117.90' (M) 201,84 (+ : -...```P ,�� �, �Rf41 STATE OF MISSOURI cQUNTY QF SS �.�-° eA r� S1• �, 01 ExISTIN THIS TRACT IS LOCATED IN ZONE X -AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOOD N 34'42'25" E C�` p0O� p`��� Opp 2b2.45' _BUILDING t~J'„ [�' 4 ON THIS _ DAY OF _� �, IN THE YEAR 2020 BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, PERSONALLY APPEARED BRADLEY SCHLOSSER, MANAGING MEMBER OF STAR VUE RENTALS, LLC, A MISSOURI LIMITED LIA131LITY COMPANY, KNOWN HAZARD AS SHOWN BY THE F.E.M,A. F.I.R.M. PANEL NO. a �Q. /� S 34 42 25 W 29031CO266E, DATED SEPTEMBER 29, 2011. / � 201.41' (M) TO ME TO BE THE PERSON DESCRIBED HEREIN WHO EXECUTED THE WITHIN INSTRUMENT IN BEHALF OF SAID LIMITED LIABILITY COMPANY AND ACKNOWLEDGED THAT HE EXECUTED THE SAME AS THE FREE ACT AND DEED OF SAID LIMITED LIABILITY COMPANY FOR .. S 70'43'45" E E ' C N 5!20'10" W 4. ACRES UNIQUE BABY, THE PURPOSES THEREIN STATED. SEE E E 56.44' (M) 102.07' (M) 198481 SQUARE FEET BENEFICIARY DETAIL A n` BENEFICIARY DEED 1 RECORDED IN IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, THE DATE FIRST ABOVE WRITTEN. -� ,-. NEW 25' PRIVATE �f %DOC. wS �\ 2Q1$e-10581 INGRESS/EGRESS / O2 \ Q Q EASEMENT SHOWN S 5510'55 E sr fir, BY SEPARATE DOCUMENT t S /1, NOTES: � F F.a O � E _ / 128.05'(M) �S3/� NEW ZD' UTILITY J I r CD a cn a rG ��, �� �-`` fc0 ® ® <1\ - �- n � EASEMENT NEW 10' UTILITY "' N 2`52 40 E / EASEMENT A/ / �k, _ NOTARY PUBLIC / J 1. THIS SURVEY CONFORMS TO THE ACCURACY STANDARDS FOR URBAN PROPERTY AS w m r�,F.�' Off- O`Z°� � -. / L- E S 10' BLDG. LINE �- 80.87 (M) // // `• / MY COMMISSION EXPIRES / '� COMMISSION NUMBER DEFINED BY CODE OF STATE REGULATIONS 2 CSR �- �pN G � S�+• E 1 -� p1 / 90-60.040(2) a OQ �.� X32 a // , 1 ````J 1b s- / 0 ��• 2. RECORD TITLE INFORMATION WAS PROVIDED BY MIDWEST LAND TITLE �� �� N 3727'35" E /�� / /,/'� y> EXISTING 15' SANITARY+ �J / / f /ham LLC, FILE N0. 2001118, DATED JANUARY 17, 2020. m S 76'41'50"E ;� ¢ EASEMENT RECORDED IN[/ry E .� . 169.25 (M) r§'� / /A �"' _/ Q /ORDINANCE NO. 586, SECTION 24 F 87.75 4J`' \ / / 1.6 / � � . CERTIFICATION: 3. ALL MONUMENTS WILL BE SET AFTER CONSTRUCTION IS COMPLETE OR raj � (M} / / „,� �^a. ,r ,hj I% / / '� / / ,/� EW 2O' UTILITY ES ` - \ / I HEREBY CERTIFY THAT ON MAY 26, 2020, 1 COMPLETED A SURVEY FOR THE ABOVE DESCRIBED PROPERTY AND SUBDIVIDED IT AS S 6T49'15 E ` S i / 'S �— UNIQUE BABY, LLC / '� ,� SHOWN ON THE PLAT IN ACCORDANCE WITH THE CURRENT MISSOURI STANDARDS FOR PROPERTY BOUNDARY SURVEYS. WITHIN 12 MONTHS WHICHEVER OCCURS FIRST. -� E S 67'42'40" E I 134.66 (M) 5' &LDC. N -_ S / I 11.07' ! S� BENEFICIARY DEED _ F15w93' N 25'32 1 O E 125' RECORDED IN0.46' f SURVEY AND PLAT BY: 1 \ 54.59' 1 DOC. 2018-10581 S 83'118'05" IN w--- -' N 18'15'00" E 78.1 (M) 39,43" 1 CROCKETT ENGINEERING CONSULTANTS, LLC I 1000 W. NIFONG BLVD. BUILDING 1 1 REFERENCES: { fa. COLUMBIA, MO 65203 y N 89'18'00' E J o �, NEW 25' UTILITY(�tp� I RIGHT-OF-WAY PLANS FOR U.S. HIGHWAY 61 SUPPLIED BY MODOT z 113.66' 4' f j { Co I N EASEMENT �, I PO 1 �l�,y, CORPORATE NUMBER: 20001513434 O O I N n � Oc' q I I � - / DAVID T. BUTCHER, PLS 2002014095 UNRECORDED SURVEY BY PLS -2015000226 DATED AUGUST 31, 2017 �(a�]S p�O� ,�; I � 25' BLDG. LINE � I �' o '71� l�Zoc� WARRANTY DEED, DOC.# 2014-06465 M �,'��' O �� a��g� O`�4'pD,o' ,I I I {,�E. o�°`� I { I p' �p� 1 DATE WARRANTY DEED, DOC.# 2006-10949 m gF.p� �q� G, ��� I 4 � I �F'� WARRANTY DEED, DOC. 2010-41893 0 �p�� pp `� `� I m aG G r i J �" I �1 O ��' DETAIL A STATE OF MISSOURI SS WARRANTY DEED, DOC.# 2007-15604 �. PO a I r� •- �O ¢ I { z L � NOT TO SCALE COUNTY OF BOONE WARRANTY DEED, BOOK 533, PAGE 42.8 � � 1 1 ` r7 ,bra � 11 I ' { I � N 89'38'35' W� UTILITY EASEMENT, BOOK 301, PAGE 568 `�? i I I ; { SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF IN THE YEAR 2020. ONLINE MAPPING RECORDS FOR CAPE GIRARDEAU COUNTY, ^,5°°°ti I -_-'25.00' _ - c,'`1'° _` --__-----L, 2a �; J _/ �Q, r ' HTTP://GISCAPECOUNTY.US/TAXPARCELVIEWER/ ___-_____-___-_---_- I --------------S- m �- __�_ {I NOTARY PUBLIC ��1 _�J KENNETH FARRIS MY COMMISSION EXPIRES APRIL 22, 2022 r O / 0 0 _ �� to COMMISSION NUMBER 14965667 / 079 ;_0� 51 725'35" E n 141 I \S\ -o" DOSTING EASEMENT FOR UTILITY PURPOSES- ELECTRIC, S 89'1 107.95' Chi 00 KENNETH FARRIS Q WATER AND NATURAL GAS DISTRUBUTION I __--25' BLDG. LJNE Notary Public, NatarX Seal St � $ 1 � AND TRANSMISSION EASEMENT RECORDED IN �� '�- 6 - I BOOK 301, RAGE 56$ --�� - _ _- � - -- — �.- �� 00 �, J Core Coate of unty Commission #14965667 BONING INFORMATION: a GPa�OF-O q c _ _ I -�--� S 2 S 89' 18'00" W 234.41' `\ /I,/ / My Commission Expires: 04-22-2022 15' SANITARY A ITA ZONING R-4, MEDIUM DENSITY MULTIFAMILY RESIDENTIAL DISTRICT MAX. DENSITY 1$ UNITS PER ACRE 0 pt�'D ��0 °ti w o �. EASEMENT INCt C:)J d � �, M ����ACtiC� ORDINANCE NO. 586, SECTION 24 'ae�'4 ity I, CITY CLERK OF THE CITY OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PLAT WAS NUMBER OF LOTS = 2 cpC� (, y� I m i /�� ,� 5 03' APPROVED BY THE CITY OF CAPE GIRARDEAU, MISSOURI BY ORDINANCE N0. ,PASSED AND APPROVED THIS - TOTAL AREA OF SUBDIVISION 21.03 ACRES (916,082 SQ. FT.) G1 / ? 4 rV DAY OF 2024. SMALLEST LOT SIZE = 4.56 ACRES (198,481 SQ. FT.) LARGEST LOT SIZE = 16.47 ACRES (717,fi4}1 5Q. FT.) ©� S� NEW 20' LlTILiiY'O' O 7 28.35' 4 ' \ `� ESMT. ��re��� `57%1�� � �r�0 16.47 ACREC�t p�p � f �4,��q��pG � MAX. HEIGHT: 5 STORIES NOT TO EXCEED 60 FEET J a � O SPp Fz�- ��° EQF.� 717,601 SQUARE FEET ���5, p�0 % r r'r%. CITY CLERK, CITY OF CAPE GIRARDEAU, MISSOURI I� MIN. LOT AREA: EACH TOWNHOUSE MUST BE ON cn © a 0� Ol ,I C.p�` 0 tip R FZ 66 E( �v� aF,-O e�p / E (1.51'/Sw} f ���RPOpG' rl©� ?` 25' BLDG. LINE A SEPARATE PLATTED LOT CONSISTING OF AT LEAST 1,400 SQ. FT. r �tA�y , STATE OF MISSOURI SS ALL OTHERS AT LEAST 3,750 SQ. FT. a COUNTY OF CAPE GIRARDEAU MIN. LOT WIDTH: TOWNHOUSE 20 FEET -�- ALL OTHERS NONE I 4 FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF DEEDS OF CAPE GIRARDEAU COUNTY, MISSOURI, MIN. YARD REQUIREMENTS: IN DOCUMENT NO. AT JACKSON, MISSOURI, THIS DAY OF , 2020. FRONT YARD = TOWNHOUSE 10 FEET - ALL OTHERS 25 FEET =j REAR YARD = TOWNHOUSE 24 FEET - ALL OTHERS 25 FEET � � E SIDE YARD = TOWNHOUSE NONE - ALL OTHERS 5 FEET C-6 (5.89'S/3.11 `E) DETAIL B ANDREW DAVID BLATTNER MAX. BUILDING COVERAGE = 50 PERCENT OF THE LOT FOR ALL USES �1?� M DG Bila In 5 NOT TO SCALE RECORDER OF DEEDS OF CAPE GIRARDEAU COUNTY, MISSOURI EXCEPT TOWNHOUSES E����r� MIN. OPEN SPACE = 20 PERCENT OF THE TOTAL LOT AREA �r���- `� C0 op o °16' STAR VUE SUBDIVISION 4�� .p g�' 00 S - 835.95 ( � o�-�'a'° of f s,�'fi 0 f S„ 'l S 79.55 4 p G�Y�R .` A SURVEY IN NORTHWEST QUARTER OF FRACTIONAL SECTION 26„ TQWNSHP 31 NORTH, RANGE 13 EAST OF THE _TI-Iar�ni *� � Oac ► �-�.-' D FIFTH PRINCIPAL MEI. IN THE CITY AND COUNTY OF CAPE GIFiARC1EAU, STATE OF MISSOURI S` ' T HE ' E ' REVISION DATE: DESCRIPTION:INITIALS: ©.+UM R -�Q REVISIONS BASED ON CITY COMMENTS CORPORATE HIL MBER: 2000151304 6 f DWS PLS -2002014095 . - 3/2020 DATED 5/22/2020 Q �, QUARTER SECTION LINE TQC1906� NOTHING FOUND OR SET �` ••• OW•NO .•• cf' .......• �`� ENGINEERING CONSULTANTS 1., 6/19/2020 OA�TEi0��9�02a ON CITY COMMENTS D� PROJECT:� DATE: �*Q L 1000 W. Nitcog Blvd., Building 1 ` 4/�/ `►►1 � IfZo 2020 Columbia, Missouri 65203 00 OpC,BEAVERCREEK ESTATES RECORDED IN PLAT BOOK 19, PAGE 8 DAVID T, BUTCHER_ RAWN BY: SCALE: (573) 447-0~297 196699 PROFESSIONAL LAND SLFIVEYORJOB 7/2/2020 DA�D4REVISI6�q D ON CITY COMMENTS M E , g �. www.crocketten IneerIn Com a EL Publisher's Affidavit State of Missouri ) ss. County of Cape Girardeau ) Before me, the undersigned, a Notary Public, this day personally came Cynthia Stone who, being first duly sworn, according to law upon his/her oath, says that he/she is Bookkeeper of the Southeast Missourian, a newspaper published in the city of Cape Girardeau, in Cape Girardeau County and State of Missouri, and that the publication, of which the annexed is a true copy, was published in said paper on the 25w day of August 2020 IMwanne crce day nn lbs same say a mm —.k) and Naber ax" t re and .—,wis a daily neserapx pdMMp etl eiblishead n 1. or, ct Cape Gkardeau and Slate of all and lus a Amaral cinsatpn In b4 ce of Cats Gtrardeau and Stele M Manor. aM baa. snantl eraUhro in Ons, City. WUM, M Cape Gitmdeau and has 0Mieecun, and has hold au i ganaml GfWlalion in said wunty corrimuouslyUOUlady and mnSeuNvaly nor a Arad a meas don tm veers . bebm IM1e dale a..1 pubrcNion msMbned a W via, ane her Int ILL,ewim ¢sinuously, mgulaly and come savely published up m this linos Oft making of this andshnsIn, aPar. Nmeas Pat ran yarn. halue Ns data of therymt to this pumishask. araavil or 1.1 liblimtbR adl had has rale tlargW mneMe is Plan —ss tithe tele e11. 1, less ofthe slate MMisaoun, and tlwt sap Soulha.. Misadxan las heen admmad to. U.I. sates Poe, OKm as.—d eau matla in me Ci,y of Cape GlmMeau, Mlarans. ap has said nnwapq as has a Ii& IXMne fide PaUstabord voluMaii is er9a3d as rutln. terve pad or apes] b pay a sand pica nor r subt.0-Iu r defiI.. Ps. or hide and in. said ncrsrapar a. is rybllslrem hav -MP.. vnrh each and every poviuon If liu laws of Miswun aM pahkulany`sim me pmv,as ns of safbn, t37]S ni sa lovis id Skis—drear si i,1939. as aireMed, and appove0 14,1.'s9�31-,fIereap�pears in me�Laws of Mi/S/afui. 1931 Mpsaa 3n3. SubscribNl and swom to before me this 25w day of Notary Public Qualified and commissioned for a term expiring Publication Fee $75.00 Cape Girardeau, llbt.ytw�e�lrwrysr cam ArYaltbeel w Lbs ~Enka alettials rwl,w.rbl weft 103Mn NOTICE OF PUBLIC HEARMG CITY OF CAPE GIRARDEAU, MISSOURI NOTICE IS HEREBY GIVEN that Ne City Council of the City of Cape Girardeau, Missoun will hold a public heading on Tuesday, September 8, 2020 at 5:00 p.m. in the Council Chambers at City Hall, 401 Independence Sheet, Cape Girardeau, Mistroun, to consider vaulting the City's interest in the following: A Utility Easement located at Star Vue Subdivision AM person may speak at the public hearing regarding the proposed vauldon. Kelly Green, P.E. City E Irsher City of Cape Girardeau (August 25,2020X533207) Southeast Missourian C�O11CO1t.l cn nBLLISH3NG I IIII I HOUSE, INC. PO Box 699 Cape Girardeau, MO 63702-0699 573.388.2728 billing@semissounan. corn City Of Cape Girardeau Attn: Accounts Payable 4011ndependence Cape Girardeau, MO 63701 INVOICE ACCOUNT NUMBER DUE DATE 15897 09/29/2020 INVOICE NUMBER I AMOUNTDUE CPCL00170813 75.00 AMOUNT PAID PLEASE DETACH AND RETURN TOP PORTION WITH REMITTANCE Account Number I Terms 15897 DUE UPON REI Ad Text: NOTICEOFPUBLICHEARINGCITYOFCAPEGI Ad #: 533207 Date: 0821/2020 Ad Size : Ad Heading: Legals Southeast Missourian 0825/2020 - 0825! Due DabI Ineolu Number :IPT 0912912020 CPCL00170813 3.00 col. x 16.000 CPH LINE P.O. # : 0000 Salesrep: Katelyn Fritz LO sins. 75.00 TOTAL: 75.00 ADJUSTMENTS: 0.00 PAYMENTS: 0.00 AMOUNT DUE : I 75.00 TERMS: THIS INVOICE IS DUE AND PAYABLE ON RECEIPT. Staff: Bruce Taylor, Deputy City Clerk Agenda: 9/8/2020 SUBJECT Approval of the August 17, 2020, City Council regular session minutes and closed session minutes. ATTACHMENTS: Name: Description: ® DRAFT 2020.08.17 Re¢ularsessionMinutes.pdf Minutes 2020-08-17 regular session Regular August 17, 2020 KK -395 STUDY SESSION —August 17, 2020 NO ACTION TAKEN DURING THE STUDY SESSION The Cape Girardeau City Council held a study session at the Cape Girardeau City Hall on Monday, August 17, 2020, starting at 5:00 p.m. with Mayor Bob Fox presiding and Council Members Robbie Guard, Shelly Moore, Nate Thomas, and Shannon Truxel present. Dan Presson was in attendance by videoconferencing. Stacy Kinder was absent. REGULAR SESSION — August 17, 2020 CALL TO ORDER The Cape Girardeau City Council convened in regular session at the Cape Girardeau City Hall on Monday, August 17, 2020, at 5:20 p.m., with Mayor Bob Fox presiding and Council Members Robbie Guard, Shelly Moore, Nate Thomas, and Shannon Truxel present. Dan Presson was in attendance by videoconferencing. Stacy Kinder was absent. ADOPTION OF THE AGENDA A Motion was made by Nate Thomas, Seconded by Shannon Truxel, to adopt the Agenda. Motion passed. 6-0. Ayes: Fox, Guard, Moore, Presson, Thomas, Truxel. Absent: Kinder. APPEARANCES None. CONSENT AGENDA Approval of the August 3, 2020, City Council regular session minutes and closed session minutes. BILL NO. 20-114, an Ordinance readopting Sections 2-76 to 2-83 of the City Code of Cape Girardeau, Missouri, relating to Conflicts of Interest. Second and Third Readings. BILL NO. 20-115, an Ordinance annexing land into the city limits of the City of Cape Girardeau, Missouri, located at 4072 State Highway K, upon the request of Midamerica Highway K, LLC. Second and Third Readings. BILL NO. 20-116, an Ordinance extending the boundaries of Ward 6 to include property newly annexed into the city limits of the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 20-117, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by zoning property located at 4072 State Highway K, as C-2, Highway Commercial District. Second and Third Readings. BILL NO. 20-118, 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 1017 and 1019 Harmony A"" Regular August 17, 2020 KK -396 Street, in the City and County of Cape Girardeau, Missouri, from R-3 to CBD. Second and Third Readings. BILL NO. 20-119, an Ordinance providing for the levying of the annual City revenue tax; public health tax; Special Business District No. 2 tax; for the fiscal year ending on the 30th day of June, 2021. Second and Third Readings. BILL NO. 20-120, an Ordinance amending Chapter 26 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding helmet requirements. Second and Third Readings. BILL NO. 20-121, an Ordinance amending Chapter 17 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding regulation of methamphetamine precursor drugs. Second and Third Readings. BILL NO. 20-122, an Ordinance accepting Temporary Construction Easements from various property owners, for the Good Hope Drainage Project, in the City of Cape Girardeau, Missouri. Second and Third Readings. Approval of the Release of Performance Guarantee Agreement for Auburn Park Place One. Accept Improvements and Authorize Final Payment to Nip Kelley Equipment Company Inc., for the Gordonville Booster Pump Station. A Motion was made by Robbie Guard, Seconded by Nate Thomas, to approve and adopt. Motion passed. 6-0. Ayes: Fox, Guard, Moore, Presson, Thomas, Truxel. Absent: Kinder. BILL NO. 20-114 will be Ordinance No. 5322; BILL NO. 20-115 will be Ordinance No. 5323; BILL NO. 20-116 will be Ordinance No. 5324; BILL NO. 20-117 will be Ordinance No. 5325; BILL NO. 20-118 will be Ordinance No. 5326; BILL NO. 20-119 will be Ordinance No. 5327; BILL NO. 20-120 will be Ordinance No. 5328; BILL NO. 20-121 will be Ordinance No. 5329; and BILL NO. 20-122 will be Ordinance No. 5330. NEW ORDINANCES BILL NO. 20-123, an Ordinance appropriating funds for debt service expenditures for the fiscal year ending June 30, 2020, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Robbie Guard, Seconded by Dan Presson, to approve. Motion passed. 6-0. Ayes: Fox, Guard, Moore, Presson, Thomas, Truxel. Absent: Kinder. BILL NO. 20-124, an Ordinance authorizing the issuance of a Special Tax Bill for property located at 838 South Ellis Street, for the demolition of a dangerous building and for the abatement of nuisances, under the provisions of Chapter 7 and Chapter 13 of the Code of Ordinances of the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Nate Thomas, Seconded by Shannon Truxel, to approve. Motion passed. 6-0. Ayes: Fox, Guard, Moore, Presson, Thomas, Truxel. Absent: Kinder. Bill NO. 20-125, an Ordinance amending Chapter 6 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding Dog and Cat Licensing. First Reading. Regular August 17, 2020 KK -397 A Motion was made by Robbie Guard, Seconded by Dan Presson, to approve. Council Member Shannon Truxel voiced concerns with the elimination of the pet licenses, and whether the proposal was vetted through the Police Department and Nuisance Abatement Officers who deal with animal complaints. She asked for more information and to postpone action to eliminate the dog and cat licenses. A Motion was made by Shannon Truxel, Seconded by Nate Thomas, to postpone to a future meeting. Motion passed. 6-0. Ayes: Fox, Guard, Moore, Presson, Thomas, Truxel. Absent: Kinder. BILL NO. 20-126, an Ordinance approving the record plat of St. Jude's Second Subdivision. First Reading. A Motion was made by Robbie Guard, Seconded by Nate Thomas, to approve. Motion passed. 6-0. Ayes: Fox, Guard, Moore, Presson, Thomas, Truxel. Absent: Kinder. APPOINTMENTS Appointments to the Board of Adjustment A Motion was made by Robbie Guard, Seconded by Nate Thomas, to appoint David Hinton, Edward Hart, and Raymond Buhs as Alternate Members to the Board of Adjustment, for terms expiring September 4, 2025. Motion passed. 6-0. Ayes: Fox, Guard, Moore, Presson, Thomas, Truxel. Absent: Kinder. Appointment to the Board of Appeals A Motion was made by Nate Thomas, Seconded by Shannon Truxel, to appoint Nicole Annis to the Board of Appeals, for terms expiring September 4, 2025. Motion passed. 6-0. Ayes: Fox, Guard, Moore, Presson, Thomas, Truxel. Absent: Kinder. Appointments to the Golf Course Advisory Board A Motion was made by Robbie Guard, Seconded by Shelly Moore, to appoint Gary Wren and Joshua Schulz to the Golf Course Advisory Board, for terms expiring September 4, 2023. Motion passed. 6-0. Ayes: Fox, Guard, Moore, Presson, Thomas, Truxel. Absent: Kinder. MEETING ADJOURNMENT A Motion was made by Robbie Guard, Seconded by Shannon Truxel, to adjourn from regular session and to convene in closed session for legal actions and litigation, confidential communications with legal counsel, property acquisition, and personnel issues, pursuant to RSMo. Sections 610.021(1), (2), and (3). Motion passed. 6-0. Ayes: Fox, Guard, Moore, Presson, Thomas, Truxel. Absent: Kinder. The Regular Session ended at 5:40 p.m. Staff: John Richbourg, Finance Director Agenda: 9/8/2020 SUBJECT This ordinance would appropriate funds for debt service expenditures for the fiscal year ending June 30, 2020. EXECUTIVE SUMMARY The attached appropriation ordinance covers expenditures related to the refinancing of 2012 water revenue bonds incurred in the fiscal year ending June 30, 2020 that were not included in that year's original adopted budget. Although Council previously approved this transaction no budget was established to cover the related costs. BACKGROUND/DISCUSSION Council approved ordinance #5230 on September 16, 2019 authorizing the issuance of water revenue bonds to payoff water revenue bonds originally issued in 2012. Total cost of this transaction was $9,555,434.00 and was paid from the proceeds of the new bonds. This transaction was not anticipated by the original 2020 budget and was not included in the previous EOY budget appropriation recently approved by Council. FINANCIAL EVIPACT This transaction resulted in reducing future debt payments by $934,885. In current dollars this was a savings of $829,112. STAFF RECOMMENDATION Staff recommends approval of this ordinance. ATTACHMENTS: Name: Description: © A1212ropriation.F2penditures.6.30.20.docx Ordinance BILL NO. 20-123 ORDINANCE NO. AN ORDINANCE APPROPRIATING FUNDS FOR DEBT SERVICE EXPENDITURES FOR THE FISCAL YEAR ENDING JUNE 30, 2020, 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 Water fund for expenditure during the fiscal year ending June 30, 2020, for the debt service expenditures of the Public Works department, in the following amount: Nine Million Five Hundred Fifty-five Thousand Four Hundred Thirty-four Dollars ($9,555,434.00) for costs related to unbudgeted payoff of water revenue bonds originally issued in 2012 and issuance costs of bonds issued in September 2019 to provide funding for the early payoff of 2012 water revenue bonds. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2020. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk 1 Staff: Ryan Shrimplin, AICP - City Planner Agenda: 9/8/2020 SUBJECT An Ordinance authorizing the issuance of a Special Tax Bill for property located at 838 South Ellis Street, for the demolition of a dangerous building and for the abatement of nuisances, under the provisions of Chapter 7 and Chapter 13 of the Code of Ordinances of the City of Cape Girardeau, Missouri. 1WD[ol 110kilW3I1110110;i•/ The attached ordinance authorizes the issuance of a special tax bill to recover costs incurred by the City in demolishing a condemned structure and abating nuisances at 838 South Ellis Street. BACKGROUND/DISCUSSION A structure at 838 South Ellis Street was condemned on September 10, 2019. The City sent a letter to the property owners notifying them of the condemnation and their responsibilities under Chapter 7 of the City's Code of Ordinances. After the owners failed to respond by the deadline, the City held a public hearing and the Building Supervisor issued an order to demolish the structure by February 10, 2020. The owners failed to comply with the order. As provided for in Chapter 7, the City hired a contractor to demolish the structure at a cost of $5,699.00. In addition, the City incurred $1,848.86 in costs to abate nuisances on the property under the provisions of Chapter 13 of the Code of Ordinances. A special tax bill has been prepared for the demolition and nuisance abatement costs. The special tax bill and the demolition contractor's invoice are attached. FINANCIAL IMPACT The special tax bill will bear an interest rate of eight percent (8%) annually on the outstanding balance until it is paid. STAFF RECOMMENDATION Staff recommends approval of the ordinance authorizing the issuance of a special tax bill for 838 South Ellis Street. ATTACHMENTS: Name: Description: D Ord -Demolition Nuisance 838 South Eflhs.doc Ordinance D Tax Bill Demolition Nuisance - 838 South Elhs.doc Special Tax Bill D Invoice -838 South FJlis Street.pdf Inwice-838 South Ellis Street BILL NO. 20-124 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIAL TAX BILL FOR PROPERTY LOCATED AT 838 SOUTH ELLIS STREET FOR THE DEMOLITION OF A DANGEROUS BUILDING AND FOR THE ABATEMENT OF NUISANCES, UNDER THE PROVISIONS OF CHAPTER 7 AND CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the Building Supervisor of the City of Cape Girardeau, Missouri, issued an Order causing a certain dangerous building located at 838 South Ellis Street to be demolished; and WHEREAS, the City of Cape Girardeau, Missouri did cause said building to be demolished in accordance with the Order, thereby incurring certain expenses; and WHEREAS, the Abatement Hearing Officer of the City of Cape Girardeau, Missouri, issued an Order causing certain nuisances located at 838 South Ellis Street to be abated; and WHEREAS, the City of Cape Girardeau, Missouri, did cause said nuisances to be abated in accordance with the Order, thereby incurring certain expenses; and WHEREAS, Chapter 7 and Chapter 13 of the Code of Ordinances of the City of Cape Girardeau, Missouri, authorize the issuance of a Special Tax Bill to recover said expenses. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1. There is hereby levied, and the City Clerk is hereby authorized and ordered to place on file, the following Special Tax Bill issued in accordance with the Orders of the Building Supervisor and the Abatement Hearing Officer which shall be a lien against the following described property in accordance with law, in the following amount, until paid or collected by the City of Cape Girardeau, Missouri: $7,547.86 - 838 South Ellis Street, Cape Girardeau, MO All of Lot Nine (9) in Block Nine (9) in Giboney Houck Third Subdivision, in the City and County of Cape Girardeau, Missouri ARTICLE 2. Said Special Tax Bill shall bear an interest rate of eight percent (80) per annum. ARTICLE 3. This ordinance shall be in full force and effect ten (10) days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2020. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk Q*�WlIIIIIII31 Amount $7,547.86 SPECIAL TAX BILL FOR DEMOLITION OF A DANGEROUS BUILDING AND ABATEMENT OF A NUISANCE To the City of Cape Girardeau, Missouri. For work done and costs and expenses incurred in abating a nuisance by demolition of a dangerous building under the provisions of Chapter 7 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and chargeable against: Wilson & Norma Mungle 1430 North Spanish Street Cape Girardeau, MO 63701 for the following property: 838 South Ellis Street, Cape Girardeau, MO All of Lot Nine (9) in Block Nine (9) in Giboney Houck Third Subdivision, in the City and County of Cape Girardeau, Missouri Parcel No. 211140002007000000 in the City of Cape Girardeau, Missouri; said building has been demolished in accordance with the Order of the Building Supervisor dated February 10, 2020, and the cost incurred for demolition of the building was Five Thousand, Six Hundred Ninety-nine Dollars ($5,699.00). For work done and costs and expenses incurred in abating a nuisance by the removal of weeds and trash under the provisions of Chapter 13 of the Code of Ordinances of the City of Cape Girardeau, Missouri, said property has been cleared in accordance with the Order of the Abatement Hearing Officer, and the cost incurred for said abatement was One Thousand Six Hundred Ninety-eight Dollars and Eighty-six Cents ($1,698.86), plus administrative costs totaling One Hundred Fifty Dollars ($150.00). I, Gayle L. Conrad, City Clerk of the City of Cape Girardeau, Missouri, do hereby certify that the demolition work was done as reported to the City Building Supervisor under the provisions of Chapter 7-272(6), said report dated July 28, 2020, and that the removal of weeds and trash was done in accordance with the Order of the Abatement Hearing Officer. 1 I also certify that the costs and expenses incurred by the City for said demolition and removal of weeds and trash were Seven Thousand, Five Hundred Forty-seven Dollars and Eighty-six Cents ($7,547.86), which amount the City Council has ordered assessed as a special tax against the following described property, to -wit: 838 South Ellis Street, Cape Girardeau, MO All of Lot Nine (9) in Block Nine (9) in Giboney Houck Third Subdivision, in the City and County of Cape Girardeau, Missouri Parcel No. 211140002007000000 the same being the sum fixed as costs by the report of the Building Supervisor and as costs incurred in the removal of weeds and trash from said property. This Special Tax Bill bears interest at the rate of eight per cent (8%) per annum from sixty ( 60 ) days after its date and is a special lien against the land herein described. The lien hereof shall continue ten (10) years after the date of issue, unless sooner paid, and in the event suit is brought to enforce such lien, then until the expiration of such litigation. Issued by authority of Ordinance No. passed and adopted September 8, 2020. IN WITNESS WHEREOF, as City Clerk of the City of Girardeau, Missouri, I have hereunto set my hand under corporate seal of the said City this day of 2020. Gayle L. Conrad, City Clerk [S E A L] STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) Cape the On this day of , 2020, before me appeared Gayle L. Conrad, to me personally known, who, being by me duly sworn, did say that she is the City Clerk of the City of Cape Girardeau, Missouri, and that the seal affixed to the to 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 seal, at my office in Cape Girardeau, Missouri, the day and year first above written. My commission expires: Notary Public 91 Ronald Kucera Jr. 160 Tolbert Drive Jackson, MO 63755 573-382-1058 Cell 573-243-1058 Home Bill TO City of Cape Girardeau 401 Independence St. Cape Girardeau Mo. 63703 Job Location 838 south Ellis st. Invoice Date Invoice # 7/23/2020 F 1260 Staff: Ryan Shrimplin, AICP - City Planner Agenda: 9/8/2020 SUBJECT An Ordinance approving the record plat of St. Jude's Second Subdivision. EXECUTIVE SUMMARY The attached ordinance approves a record plat for a two -lot subdivision at 251 South Silver Springs Road. BACKGROUND/DISCUSSION A record plat has been submitted for St. Jude's Second Subdivision, located at 251 South Silver Springs Road and zoned C-2 (Highway Commercial). The plat subdivides a lot to form two new lots. The plat shows an exception for the omission of the required 10 foot utility easement along the rear lot line of both lots. Staff supports the exception because there are no existing or proposed utilities in the areas where the easement is required. 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 August 12, 2020 meeting, recommended approval of the record plat with a vote of 6 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: Description: ❑ Record Plat -St. Jude s Second Subdivision.doc Ordinance ❑ Maw- St. Jude s Second Subdivision.pdf St. Jude's Second Subdiusion - Map ❑ Application - St. Jude s Second Subd. Record Plat.pdf St. Jude's Second SubdiNsion - Application S20050-PLAT,pdf St. Jude's Second Subdiusion - Record Plat BILL NO. 20-126 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF ST. JUDE'S SECOND SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of St. Jude's Second Subdivision, being all of lot No. 3, St. Jude's First Subdivision as recorded in Plat Book No. 21 at Page No. 62 of the land records of Cape Girardeau County, Missouri, City and County of Cape Girardeau, State of Missouri, submitted by St. Jude Development, L.L.C., bearing the certification of R. Christopher Bowen, a Registered Land Surveyor, dated the 12th day of August, 2020, including all variances and exceptions, 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 , 2020. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk 3049 3049 .3049 .3049 ST. JUDE'S SECOND SUBDIVISION 3049 o 4 1 j t 3 319 .31; o319 co %6 is 3049 o .; N 349 W r E > 65 CITYOf CAPE G I R A R D E A U Created by: Development Services Carol Peters Legend July 14, 2020 .I , jW 1= St. Jude's Second Subd. wi 0 62.5 125 250 Feet Parcels qwVVIN 1*7 SUBDIVISION PLAT APPLICATION CITY of CAPE GIRARDEAU m DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Name of Subdivision Type of Plat ST. JUDE'S SECOND SUBDIVISION ❑ Boundary Adjustment ❑ Preliminary 0 Record Applicant Property Owner of Record (if other than Applicant) Robert Bauer See Instructions for more Mailing Address City, State, Zip Mailing Address City, State, Zip 220 Prestonwood Trail Cape Girardeau, MO 63701 18" x 24" $44.00 $24.00 Telephone Email Telephone Email 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) Bowen Engineering & Surveying Mailing Address City, State, Zip Mailing Address City, State, Zip 2121 Megan Drive Cape Girardeau, MO 63701 Telephone Email Telephone Email 573-339-5900 chriskelley@bowenengsurv.com ADDITIONAL ITEMS In addition to this completed application form, the following items must be submitted: 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. ✓ 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 to cityplanninR@cityofcape.orP) Completed minimum requirements checklist 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. Furthermore, I hereby acknowledge that the plat submitted with this application must meet certain requirements in order to be approved including, but not limited to: a) successfully addressing all review comments, and b) any and all new public improvements for the subdivision being completely installed and ready for acceptance by the City and/or covered under a performance guarantee agreement in accordance with the City's Code of Ordinances. If I am an agent, I hereby certify that I have notified the Property Owner(s) of Record and the developer of these requirements. 9 ' 07/13/2020 A Signature and Printed Name Date 10>04 OFFICE USE ONLY% Date Received & By ! rl � d"p� File # MUNIS Application # MUNIS Permit #. Review Fee Received $ Recording Fee Received $ ❑ Check # ❑ Credit Card ❑ Cash Preliminary and Record Plats: Planning & Zoning Commission Recommendation Date City Council Final Action Date Revised 12/06/2019 City of Cape Girardeau Subdivision Plat Requirements MINIMUM REQUIREMENTS FOR RECORD PLATS — COMPLETE CHECKLIST AND SUBMIT WITH APPLICATION (First column of check boxes is for professional engineer/surveyor; second column is for City staff) NAME OF SUBDIVISION: St. Jude's Second Subd. 0 ❑ Sheet size -18"x24",24"x24",or 24"x36" [l ❑ White background with black text and graphics; greyscale allowed; no other colors 0 ❑ Border - rectangular, solid line(s) 0 ❑ Title block - include name, address, and phone number of consultant preparing the plat; include box for original issue date and at least 3 revision issue dates ❑✓ ❑ Sheet number, if plat consists of more than one sheet 0 ❑ Plat title - located at the top of the sheet, preferably centered; begin with "RECORD PLAT"; name cannot be a duplicate of an existing subdivision in the county or begin with "A RESUBDIVISION OF" D ❑ Description beneath plat title - if existing platted lots are involved, begin with "ALL OF" or "PART OF" as applicable; include Block Number if applicable; include Book and Page or Document Number of existing plat; include vacated right-of-way/alley if applicable; end with "IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI" 0 ❑ References - list all deeds, plats, separate easement instruments, etc. used in preparing the plat; include Book and Page or Document Number for each, if recorded 0 ❑ North arrow with basis of bearings 0 ❑ Graphic scale - 1:100 or less; must be a multiple of 10 0 ❑ Vicinity map- lines only (no images); all nearby streets and major streets labeled; site labeled; include North arrow and "NTS" or "NOT TO SCALE" 0 ❑ Legend - list found monuments first, followed by set monuments, followed by: "SUBDIVISION BOUNDARY LINE", "NEW LOT LINE" and/or "LOT LINE TO BE ELIMINATED" as applicable, "EXISTING EASEMENT LINE" and/or "NEW EASEMENT LINE" as applicable, "BUILDING SETBACK LINE", "ADJACENT PROPERTY LINE", "RIGHT-OF-WAY LINE", "CENTERLINE", other symbols as applicable 0 ❑ Curve table and/or line table, if necessary - include unit symbols for distances/lengths 0 ❑ Subdivision boundary and internal lines accurately drawn and labeled with bearing and distance or referenced to curve table/line table 0 ❑ Section/township/range lines accurately drawn and labeled 0 ❑ Adjacent parcel lines accurately drawn 0 ❑ Subdivision boundary and internal lots checked for closure 0 ❑ Each proposed lot labeled with lot number and area expressed in square feet and acres 0 ❑ All parcels within and adjacent to the subdivision boundary labeled with record owner name and Book and Page or Document Number for deed D ❑ All existing platted lots within and adjacent to the subdivision boundary labeled with subdivision name and Book and Page or Document Number for plat 0 ❑ All existing easements within the subdivision boundary labeled as existing; include type of easement (water, sewer, utility, access, etc.); include Book and Page or Document Number, if recorded 0 ❑ All new easements within the subdivision boundary labeled as "NEW ' UTILITY EASEMENT" unless easement is for a non utility purpose (such as access) 0 ❑ All building setback lines within the subdivision boundary labeled; include depth [� ❑ All rights-of-way within and adjacent to the subdivision boundary labeled with street name (or labeled as alley if applicable) and right-of-way width 0 ❑ All private streets within and adjacent to the subdivision boundary labeled with street name followed by "(PRIVATE STREET)" and shown within an access easement (50 foot easement width if new) 0 ❑ Notes: • Zoning -include zoning district name, minimum lot area, minimum lot width, maximum density if applicable, and setbacks; if zoning district has different standards based on land use type, include all standards and state the proposed use type(s) • Lot - include total number of lots, largest lot area, smallest lot area, and total subdivision area; include proposed density (for residential subdivisions) Revised 12/06/2019 MINIMUM REQUIREMENTS FOR RECORD PLATS (CONTINUED) AM • Variance, if applicable -begin with "A VARIANCE IS SHOWN FOR" followed by "A REDUCED LOT AREA FOR LOT_", "A REDUCED LOT WIDTH FOR LOT _", or "A REDUCED YARD SETBACK ALONG THE LOT LINE OF LOT _", as applicable • Exception, if applicable - begin with "AN EXCEPTION IS SHOWN FOR" followed by "THE OMISSION OF THE REQUIRED 10 FOOT UTILITY EASEMENT ALONG THE LOT LINE OF LOT_" or "A REDUCED UTILITY EASEMENT WIDTH ALONG THE LOT LINE OF LOT _", as applicable • Floodplain - begin with "A PORTION OF THE PROPERTY FALLS WITHIN" or "NO PORTION OF THE PROPERTY FALLS WITHIN", as applicable; if referencing a zone designation, state what that designation means List each record owner name and Book and Page or Document Number for deed, name and address of party for whom the plat was prepared, name and address of consultant that performed the survey and prepared the plat Subdivision Dedication: • Begin with "THE UNDERSIGNED," followed by the owner name(s) as stated in the current deed(s); include "HUSBAND AND WIFE," if applicable; include "A [insert state name] LIMITED LIABILITY COMPANY," or "A [insert state name] CORPORATION," if applicable; followed by "OWNER OF" or "OWNERS OF" and a description matching the description beneath the plat title, followed by "CONTAINING SQUARE FEET ( ACRES), MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:"; followed by a legal description of the total subdivision area; followed by "HEREBY SUBDIVIDE" or "HEREBY SUBDIVIDES"; followed by "SAID TRACT INTO AS SHOWN HEREON, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS HEREBY NAMED " • New right-of-way and/or easements - use standard language 0 ❑ Legal description checked against drawing for congruence D ❑ Owner signature line(s) with notary block(s) - include title after signatory name if owner is not an individual; include "HUSBAND AND WIFE," if applicable; include "A [insert state name] LIMITED LIABILITY COMPANY," or "A [insert state name] CORPORATION," if applicable 0 ❑ City Clerk's certification - use standard block for record plats 0 ❑ County Recorder of Deeds' certification - use standard block 177 ❑ Surveyor's certification block Revised 12/06/2019 LOCATION MAP: SURVEY NOTES: THIS SURVEY CREATES A NEW 2 LOT SUBDIVISION FROM LOT NO. 3, ST. JUDE'S FIRST SUBDIVSION MEASURED DIMENSIONS SHOWN WITHOUT PARENTHESES DEED OR RECORD DIMENSIONS SHOWN WITH PARENTHESES BASIS OF SURVEY DATUM - NAD83, M.S.P.C. ZONE 2401 EAST CORS STATION MOJK OF THE MoDOT GPS RTK NETWORK LATITUDE 37°24'44.45833" NORTH LONGITUDE 089°39'00.22114" WEST \ 383.98 E IT NORTHING 575,956.0987 U.S. SURVEY FEET EASTING i U.S. SURVEY FEET ELEVATION 477.03 U.S. SURVEY FEET 16.80' 31.71' S 77°57'02" W 3 42.50' 18°54'46" Do 7.08' 13.97' S 87°46'49" W J M C) GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED n Z o �* AS FOLLOWS: U 4-J o BEGINNING AT THE NORTHEAST CORNER OF LOT NO. 4 OF SAID WESTPARK HEREBY DECLARE THAT I HAVE CAUSED SAID LAND TO BE SUBDIVIDED SUBDIVISION; THENCE ALONG THE WEST RIGHT OF WAY LINE OF SOUTH= --- W • MALL'_ SILVER SPRINGS ROAD, THE FOLLOWING COURSES AND DISTANCES: J J Ln U Ln J I` HEREON ARE HEREBY GRANTED TO THE CITY OF CAPE GIRARDEAU, SITE > E N 02° 50'44” E, 156.14 FEET; THENCE N 87° 09' 16" W, 5.00 MISSOURI IN PERPETUITY FOR PUBLIC PURPOSES, INCLUDING THE z N 7 U N U) a, 's m C7 G � Z EAST LINE OF ATRACT OF LAND RECORDED IN DOCUMENT NO. 2016-01291 O CITY WATER, SANITARY SEWER, AND STORM SEWER SYSTEMS, AND AS MAY \, W co BE AUTHORIZED BY THE CITY OF CAPE GIRARDEAU, MISSOURI TO BE USED ALONG THE EAST LINE OF SAID TRACT THE FOLLOWING COURSES AND U-1 (0 w DISTANCES: J 0- z J • v r g ?, v� Q N TO SCALE S 58° 39'52" W, 601.79 FEET TO THE BEGINNING OF A CURVE � n V LOCATION MAP: SURVEY NOTES: THIS SURVEY CREATES A NEW 2 LOT SUBDIVISION FROM LOT NO. 3, ST. JUDE'S FIRST SUBDIVSION MEASURED DIMENSIONS SHOWN WITHOUT PARENTHESES DEED OR RECORD DIMENSIONS SHOWN WITH PARENTHESES BASIS OF SURVEY DATUM - NAD83, M.S.P.C. ZONE 2401 EAST CORS STATION MOJK OF THE MoDOT GPS RTK NETWORK LATITUDE 37°24'44.45833" NORTH LONGITUDE 089°39'00.22114" WEST ELLIPSOID HEIGHT 383.98 U.S. SURVEY FEET NORTHING 575,956.0987 U.S. SURVEY FEET EASTING 1,067,057.151 U.S. SURVEY FEET ELEVATION 477.03 U.S. SURVEY FEET AS PUBLISHED ON NATIONAL GEODETIC DATA SHEETS, RETRIEVAL DATE FEBRUARY 04, 2015 AND CONVERTED FROM METERS TO U.S. SURVEY FEET. SURVEY CLASS - URBAN AN EXCEPTION IS SHOWN FOR THE OMISSION OF THE REQUIRED 10 FOOT UTILITY EASEMENT ALONG THE REAR LOT LINES OF LOTS 1 AND 2. REFERENCES: RECORD PLAT OF ST. JUDE'S FIRST SUBDIVISION AS RECORDED IN PLAT BOOK NO. 21 - PAGE NO. 62 SEWER EASEMENT, BOOK NO. 514 - PAGE NO. 387 STORM WATER EASEMENT, BOOK NO. 631 - PAGE NO. 525 UTILITY EASEMENT, BOOK NO. 968 - PAGE NO. 866 UTILITY EASEMENT, BOOK NO. 972 - PAGE NO. 705 UTILITY EASEMENT, BOOK NO. 994 - PAGE NO. 005 UTILITY EASEMENT, BOOK NO. 994 - PAGE NO. 008 UTILITY EASEMENT, BOOK NO. 994 - PAGE NO. 340 GENERAL WARRANTY DEED, BOOK NO. 969 - PAGE NO. 833 GENERAL WARRANTY DEED, BOOK NO. 1308 - PAGE NO. 890 GENERAL WARRANTY DEED, DOCUMENT NO. 2016-01291 GENERAL WARRANTY DEED, DOCUMENT NO. 2017-01105 ONLINE MAPPING RECORDS FOR CAPE GIRARDEAU COUNTY, HTTP://GIS.CAPECOUNTY.US/TAXPARCELVI EWER/ SURVEY MONUMENT NOTES: O- FOUND 1/2" IRON PIN O- SET 1/2" IRON PIN o -ANGLE POINT, NO CORNER SET FLOOD ZONE NOTE BY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS IN ZONE X, AN AN AREA OUTSIDE THE 100 YEAR FLOOD ZONE AS DELINEATED ON THE FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBERS 2904580262 E, WHICH BEARS AN EFFECTIVE DATE OF SEPTEMBER 29, 2011. N I— M cl) 00Q o w Q Z o = N W 0 O O N Z � U (DU) GRAPHIC SCALE 40' 80' 120' 160' RECORD PLAT STH. JUDE'S SECOND SUBDIVISION ALL OF LOT NO. 31 ST. JUDE'S FIRST SUBDIVISION AS RECORDED IN PLAT BOOK NO. 21 AT PAGE NO. 62 OF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, w ; z �o I CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI CQ W LEGEND SUBDIVISION BOUNDARY LINE NEW LOT LINE ADJOINER PROPERTY LINE RIGHT OF WAY LINE CENTERLINE EXISTING EASEMENT LINE NEW EASEMENT LINE BUILDING SETBACK LINE ZONING INFORMATION: ZONING: C-2, HIGHWAY COMMERCIAL DISTRICT NUMBER OF LOTS = 2 W I wa j LENGTH Z o� I I 1 wo �I W O I mULI 13.68' p j Iij .I CURVE DIMENSION TABLE W o j Q 38°34'19" 32.31' NO. RADIUS DELTA LENGTH TANGENT CHORD BEARING 1 44.50' 34°10'52" 26.55' 13.68' 26.16' S 75°45'18" W 2 48.00' 38°34'19" 32.31' 16.80' 31.71' S 77°57'02" W 3 42.50' 18°54'46" 14.03' 7.08' 13.97' S 87°46'49" W >I \I I �I ------------------------- I ------------------------------------- �" 4 35' I � ' � I Mcv) , ti Z I W W I W P5�� `L •'" ro °Mm W Nj It oMmWL¢ i I 6 W O; a! 0 0 0 o 2N �$ 3 , I z Z o 00� o Lr5 LOT 1 N, , 1.41 ACRES Y j w W - SFO SOP ��F� �9� Q 6019 j 61,597 SQ. FT. m I SMALLEST LOT SIZE, LOT 1 - 1.41 ACRES (61,597 SQ. FT.) �O QPM ��O 62� 60'x' '' NOW OR FORMERLY c) f-, o % 1 LARGEST LOT SIZE, LOT 2 = 2.23 ACRES (97,217 SQ. FT.) �O �9� G�� �6� - �'" ST. JUDE DEVELOPMENT, L.L.C. X _5! ° I TOTALAREA OF SUBDIVISION = 3.64 ACRES (158,814 SQ. FT.) 6�,OQ����O. �- ' BOOK NO. 969 -PAGE NO. 833 w d 1 00 I MAX. HEIGHT: 5 STORIES NOT TO EXCEED 60 FEET GG26 lop I MIN. LOTAREA: NONE JQ� �� !� I MIN. LOT WIDTH: NONE G �5(� �9�,P �62� �I MIN. YARD REQUIREMENTS: Or1 Q�� JP,( �Q QI FRONT YARD - TWENTY-FIVE (25) FEET ` QED 0 c��Gv00, - I 52 0 PSG p 5�00� �Gp REAR YARD - NONE, EXCEPT TWENTY (20) FEET WHEN �Sy90 , 39 52 5 \2 C� & P�Q�� �� ' •'' , -' `� �j ADJACENT TO A RESIDENTIAL USE OR DISTRICT, OR J - J \ 6 ��'�QPG�o`L� S �`�g5 '' ! (6 � U�I iz LO TEN (10) FEET WHEN ADJACENT TO AN AGRICULTURAL Q Z g� ' G�� �l 12 USE OR DISTRICT �° 0 0 ���5 0�9 co , ' Z, > r'p 11 pg0 GFt�' (�Q,- �_f----------�- Q SIDE YARD - NONE, EXCEPT TWENTY 20 FEET WHEN . ' . ' - ! W ( ) �p6 �6 ��` 'L G � p�� .f132 \S ��� N 87° 09' 16" W a 1 w of ADJACENT TO A RESIDENTIAL USE OR DISTRICT, OR � S P �6 �P� . ' . ' , -' o- - - _ _ _ - _ " - _ ' a TEN (10) FEET WHEN ADJACENT TO AN AGRICULTURAL R P . ' . ' CA 49.42'V�, z USE OR DISTRICT 96`L ®g� F 53 - _ - - - ! �10 o -__ w W MIN. OPEN SPACE: FIFTEEN (15) PERCENT OF THE LOT AREA 6� - ' - - . - , ' 6`L -' I I ;)> I _ --- g m v 0 0 C3-�-S 82° 45' 48° E .' y6° 3 °° j bo68.54- M J I `` , Ln N ri V, - - ' o I 0 � , ' �-„------_G2_ ,�, i zZ P.O.B. - - 21NE CORNER, LOT 4, ST. JUDE'S SUBD 5 0 _ ;; _ ' ' j F-' PLAT BOOK NO. 21 - PAGE NO. 62 . / lJ-"---------- '" S82° 45'48° ----------' 0 1 SET 1/2" IRON PIN I N 33' 00" E 230.70' : O I 0 Q �.0�\ g�' S� G�6 ��P Q� ' o o EXIST. P24' INGRESS -EGRES I - / 5�00`�� �P' �,W LAT BOOK 21 - PAGE 62 (PRIV ENT .__._ 30' �I co t 'GSPQ�0 J�\� - � ATE) I ' =I 011 LOT 2 ��0MAQBOOLgHMAD lap ; NOW OR FORME i 2.23 ACRES p LOTS ,' LY I 0o Op, 97,217 SQ. FT. L0142 ° O O BOOK NO, 1308 -PgGE 890 i i - S 82 45' 48 E 115.00' _ LOT 4 N o N I (581; 33'00,, — _ LOT4 ST. ! o' M M NOW OR FORMERLY Ij j 115.00 LOT2 J /'LATBOOKNO 21 pAG BD/V/S/ON j m o M I ST. JUDE DEVELOPMENT, L.L.C. j EMO. 62 �i i� n I i BOOK NO. 969 -PAGE NO. 833 o j M w w j I � J i Z Z(w I ,, w I � W i �a p I N co co ONW I I I WCDI I �� I I Qrn I ii I Q `i u'o 131 I ° w ; �N I oo I �0Z �y �� / OY ZZ I I �Q W C5 I a W Lli L_ Ln I (� _ ° <om I'-C'Wu p Q I of co I- toxs LLCO I X J M I I -) � LOT4 I ' _ _ ► 11� W a I jI (D W W cNo PLAT B 24' INGRESS -EGRES - LOT 2 m 0 c) W BOOK 21 - PAGE 62 S EASEMENT i o I a¢ 0 (PRIVATE) I I j I �¢ a ------J I N 0-------------- I �• O�`1' j I j Lo o 0--- I J o d. �, I co N O - - w x¢ ,-OT2, ST. ✓UDE;S 06 , I W W a PLATBOOKIVO 2/RSP SUBD/V/Sj0, I i 1 �N�. AGE/VO 62 I ill ST. JUDOW OR FORMERLY it I i E D MENT, I BOO EVELOP L.L.C. � } ^'`� I j K NO. 969 -PAGE NO. 833 I I F�eO�VT T j / 0/fFFp C G i I (S 00°05'06"E, 8.49)_ 8,2,pe00gs�T S 00° 03' 07" E, 8.39' AGF AS 8, q�FpyO it I I I S GF866F ass 4° 101 `� 00- o, F 4$. ss21, NOW OR FORMERLY •039 WEST PARK MALL JPMCC 2006-LDP7 CENTRO ENFIELD, L.L.C. DOCUMENT NO. 2016-01291 EXIST. 20' EL I I ECTRIC, ' EASEMENT, DEED B GAS &TELEPHONE � I (N75°33 i -_ - - j DEED BOOK 972 _ OOK 968 -PgGE 866 j ` N 76'47,28” ° 53„w - i EXIST. 20 PAGE 705 I WATER L pT 1 ST' ��� '28„ w 13 39 i 1- - --------- _ PLAT BOOK 21 - PAGE 62ASEMENT I �4T SFjR_ EXIST. 15' SAN. NOW ORF BOOKNO STSUBD] PLAT g0 SEWER EASE _ _ EXIST ! 30, ' A LET GROUP ERLY 21 _ PgGEAlo N 0K 21 - PAGE 62 MENT PLAT BOOK 21RESS -EGRESS EAS PAGE 62 EASEMENT I j NO. 20j� 0111.C• I � � � � � � -- ----- -- (PRIVATE) 05 - I SUBDIVISION DEDICATION >C)CDON DATE AUG. 10, 2020 FILE THE UNDERSIGNED, ROBERT L. BAUER, PRESIDENT / C.E.O. OF ST. JUDE '>=nmM OV mMLn+-- tO m O'Z 52005021' O ,JAR DEVELOPMENT, L.L.C., A MISSOURI LIMITED LIABILITY COMPANY, THE LO0MM 7 MM cn S 82° 45'48" E, 115.00 FEET; THENCE I"= 40' OWNER OF ALL OF LOT NO. 3, ST. JUDE'S FIRST SUBDIVISION AS ro Ln Ln c O RECORDED IN PLAT BOOK NO. 21 AT PAGE NO. 62 OF THE LAND RECORDS -4 m a -0 LJ.. ,o co o OF CAPE GIRARDEAU COUNTY, MISSOURI, CITY AND COUNTY OF CAPE J M C) GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED n Z o �* AS FOLLOWS: U 4-J o BEGINNING AT THE NORTHEAST CORNER OF LOT NO. 4 OF SAID HEREBY DECLARE THAT I HAVE CAUSED SAID LAND TO BE SUBDIVIDED SUBDIVISION; THENCE ALONG THE WEST RIGHT OF WAY LINE OF SOUTH= W • Li o a; SILVER SPRINGS ROAD, THE FOLLOWING COURSES AND DISTANCES: J J Ln U J I` HEREON ARE HEREBY GRANTED TO THE CITY OF CAPE GIRARDEAU, > E N 02° 50'44” E, 156.14 FEET; THENCE N 87° 09' 16" W, 5.00 MISSOURI IN PERPETUITY FOR PUBLIC PURPOSES, INCLUDING THE z N 7 U N U) a, 's FEET; THENCE N 02° 50'44" E, 173.43 FEET TO A POINT ON THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF m EAST LINE OF ATRACT OF LAND RECORDED IN DOCUMENT NO. 2016-01291 O CITY WATER, SANITARY SEWER, AND STORM SEWER SYSTEMS, AND AS MAY OF THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE; THENCE W L1.1 BE AUTHORIZED BY THE CITY OF CAPE GIRARDEAU, MISSOURI TO BE USED ALONG THE EAST LINE OF SAID TRACT THE FOLLOWING COURSES AND U-1 (0 w DISTANCES: J 0- z J • v r g ?, O Q m m 'L° S 58° 39'52" W, 601.79 FEET TO THE BEGINNING OF A CURVE � n V n ILA n CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 190.00 FEET AND A 3: 7 Z EGRESS EASEMENT IS HEREBY ESTABLISHED ON LOT 1 AS SHOWN HEREON U CENTRALANGLE OF 49° 23'46"; THENCE INA SOUTHWESTERLY zcl LQ `' DIRECTION ALONG SAID CURVE AND EAST LINE OF SAID TRACT, 163.80 J W O FEET; THENCE CONTINUING ALONG SAID EAST LINE THE FOLLOWING O U LU c COURSES AND DISTANCES: PURPOSE OF PROVIDING INGRESS AND EGRESS BETWEEN LOT 2 AND LOT 1 U C > AND BETWEEN SAID LOTS AND SOUTH SILVER SPRINGS ROAD. W co S 09° 16'06" W, 182.35 FEET; THENCE w N � S 00° 03'07" E, 8.39 FEET; THENCE S 64° 10' 07" E, 116.21 0 w p FEET TO THE SOUTHEAST CORNER OF LOT NO. 3, ST. JUDE'S FIRST lu W V V SUBDIVISION; THENCE CONTINUING ALONG THE EAST LINE OF SAID LOT NO. 3 THE FOLLOWING COURSES AND DISTANCES: N 41° 14' 16" E, 217.61 FEET; THENCE 520-050 DATE AUG. 10, 2020 FILE 520050.DGN N 07° 14'12" E, 130.00 FEET; THENCE 52005021' DWN BY ,JAR CKD BY _-CK S 82° 45'48" E, 115.00 FEET; THENCE I"= 40' N 07° 14'12" E, 106.02 FEET; THENCE S 82° 45'48" E, 230.70 FEET TO THE POINT OF BEGINNING CONTAINING 3.64 ACRES, MORE OR LESS. Z O HEREBY DECLARE THAT I HAVE CAUSED SAID LAND TO BE SUBDIVIDED r INTO LOTS AS SHOWN HEREON, AND DO HEREBY NAME SAID SUBDIVISION J J O "ST. JUDE'S SECOND SUBDIVISION". THE UTILITY EASEMENTS SHOWN J I` HEREON ARE HEREBY GRANTED TO THE CITY OF CAPE GIRARDEAU, > M MISSOURI IN PERPETUITY FOR PUBLIC PURPOSES, INCLUDING THE Q INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF m Z O CITY WATER, SANITARY SEWER, AND STORM SEWER SYSTEMS, AND AS MAY W Q BE AUTHORIZED BY THE CITY OF CAPE GIRARDEAU, MISSOURI TO BE USED O BY PUBLIC OR PRIVATE UTILITY PROVIDER FOR PURPOSES RELATED TO THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND J 0- unj OZ) EXPANSION OF SUCH UTILITY SYSTEMS. A NON-EXCLUSIVE INGRESS- Q Q z O 3: EGRESS EASEMENT IS HEREBY ESTABLISHED ON LOT 1 AS SHOWN HEREON O zcl LQ FOR THE USE AND BENEFIT OF THE CURRENT AND FUTURE OWNERS OF LOT J W O 2 AND THEIR RESPECTIVE TENANTS AND INVITEES, FOR THE SOLE O U Lry .L PURPOSE OF PROVIDING INGRESS AND EGRESS BETWEEN LOT 2 AND LOT 1 U W > AND BETWEEN SAID LOTS AND SOUTH SILVER SPRINGS ROAD. W co W w N � U) 0 w lu W D_ V D W N Q ROBERT L. BAUER, PRESIDENT / C.E.O. � N ST. JUDE DEVELOPMENT, L.L.C. � COUNTY OF ) U) U) SS STATE OF MISSOURI ) BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTYAND STATE, APPEARED ROBERT L. BAUER, PRESIDENT / C.E.O. OF ST. JUDE DEVELOPMENT, L.L.C., A MISSOURI LIMITED LIABILITY COMPANY, KNOWN TO ME TO BE THE PERSON DESCRIBED HEREIN, WHO EXECUTED THE FOREGOING INSTRUMENTAND ACKNOWLEDGED THAT HE EXECUTED THE SAME AS THE FREE ACT AND DEED OF SAID LIMITED LIABILITY COMPANY. DESCRIPTION DATE 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 © 2020 by I, CITY CLERK OF THE CITY OF CAPE Bowen Engineering & Surveying, P.C. 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, CITY OF CAPE GIRARDEAU, MISSOURI FILED FOR RECORD STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU ) ss Ia14:1011012:7xK07:7MIN 1:11; my_IV& ] 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 ROBERT BAUER THE TRACTS SHOWN HEREON WERE SURVEYED UNDER MY DIRECT SUPERVISION, AND THE RESULTS OF SAID SURVEYARE 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 AC RRENT TITLE SEARCH MAY DISCLOSE. IN WITNESS WHE T MY SEAL AND SIGNATURE 10th ugus°- THIS DAY O 2020 A.D. R. CHRISTOPHER BOWEN R. CHRISTOPHER' BOWEN V° = NUMBER o c LS -2232 FRFDND S� MO. P.L.S. #2232 JOB NO. 520-050 DATE AUG. 10, 2020 FILE 520050.DGN CAICE 52005021' DWN BY ,JAR CKD BY _-CK SCALE I"= 40' RECORD PLAT SHEET NO. 1 of 1 Staff: Kelly L. Green, P.E., City Agenda: Engineer 9/8/2020 SUBJECT A Resolution authorizing the City Manager to execute an agreement with Nip Kelley Equipment Company, Inc. for the Good Hope Street Stormwater Improvements, in the City of Cape Girardeau, Missouri. Reading and Passage. EXECUTIVE SUMMARY The project consists of installing various size storm pipe, a 3' x 7' box culvert, curb inlets, and sanitary sewer main, removal and replacement of portions of asphalt and concrete street, concrete driveways and sidewalk, and curb and gutter, all as described in the contract documents for the City of Cape Girardeau, Missouri. BACKGROUND/DISCUSSION The Notice to Bid was publicly advertised and bids were taken on Septemeber 1, 2020, three (3) bids were received, ranging from $1,657,921.13, to the low bid of $1,333,446.50. The Engineer's Estimate was $2,292,091. FINANCIAL IMPACT Funding for this project is provided by the Parks and Recreation Stormwater Tax Fund Phase 2. SUSTAINABIHTY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The new box culvert in the Good Hope Street, Christine Street, and Plaza Way area will aid with stormwater issues reoccurring in that area for some time. STAFF RECOMMENDATION Staff recommends the City Council approve the attached Resolution authorizing the City Manager to enter into a contract with Nip Kelley Equipment Co., Inc., for the Good Hope Street Stormwater Improvements. ATTACHMENTS: Name: Description: D Agreement NipKelley GoodHopeStomnvaterProject.doc Resolution D Agreement with Nip Kelley ui Dxnt.pdf Agreement with Nip Kelley Equipment D bid tab x 6230.pdf Bid Tabulation Report BILL NO. 20-127 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NIP KELLEY EQUIPMENT COMPANY, INC., FOR THE GOOD HOPE STREET STORMWATER IMPROVEMENTS 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 Nip Kelley Equipment Company, Inc., for the Good Hope Street Stormwater Improvements project, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto, 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 , 2020. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk CITY OF CAPE GIRARDEAU GOOD HOPE STORM WATER IMPROVEMENTS STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 2020 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and Nip Kelley Equipment Company, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The improvements consist of installing various size storm pipe, a aft x 7ft box culvert, curb inlets, and sanitary sewer main, removal and replacement of portions of asphalt and concrete street, concrete driveways and sidewalk, and curb and gutter, all as described in the contract documents. Article 2. ENGINEER. The City Engineer or his designee is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1 Work will be substantially complete within two hundred seventy (270) calendar days after the date when the Contract Times commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within three hundred (300) calendar days after the date when the Contract Times commences to run. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if Ulm the Work is not competed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $1,250.00 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1,250.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1: 4.1 For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. TOTAL OF ALL UNIT PRICES: One million three hundred thirty three thousand four hundred forty-six dollars and 50/100, ------------- ($1)333,446.50) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. A-2 95% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 95% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, as agreed to by the OWNER and CONTRACTOR, in an amount sufficient to increase total payments to CONTRACTOR to 98% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. A-3 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages 1 to 7 inclusive). 8.2 Exhibits to this Agreement (pages to , to inclusive). 8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting of pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55 , inclusive). (EJCDC No. 1910-8 1990 Edition) 8.6 Supplementary Conditions (pages SC -1 to SC -4 , inclusive). 8.7 Specifications bearing the title Good Hope Storm Water Improvements . 8.8 Drawings. 8.9 Addenda numbers 1 to 1 , inclusive. 8.10 CONTRACTOR'S Bid (pages BF- 1 to BF- 9 , inclusive). 8.11 Pursuant to 285.530 R.S. Mo, the contractor must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by 1) submitting a completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and 2) providing documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. 8.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to inclusive). 8.13 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent A-5 that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.5 Pursuant to 292.675, R.S. Mo, the contractor is informed that all contractors or subcontractors doing work on this project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. 9.6 The General Contractor shall provide to the City of Cape Girardeau City Engineer's Office weekly certified payrolls from the General Contractor and all Subcontractors during the course of the project. These must be provided on a weekly basis; if no work was done, then a payroll stating "No Work Done" must be submitted. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on Effective Date of the Agreement). OWNER City of Cape Girardeau Scott Meyer, City Manager in [CORPORATE SEAL] Attest Bruce Taylor, Deputy City Clerk Address for giving notices 401 Independence Street Cape Girardeau, MO 63703 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. 20 (which is the CONTRACTOR Nip Kelley Equipment Co., Inc. M [CORPORATE SEAL] Attest Address for giving notices 41 North Sprigg Street Cape Girardeau, MO 63701 License No. A-7 Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) E X HIBIT A CITY OF CAPE GIRARDEAU GOOD HOPE STREET STORM WATER IMPROVEMENTS BID FORM (EJCDC 1910-18) (1990) The improvements consist of installing various size storm pipe, a aft x 7ft box culvert, curb inlets, and sanitary sewer main, removal and replacement of portions of . asphalt_and concrete street, concrete driveways and sidewalk, and curb and gutter, all as described in the contract documents. 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 enter into 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: (List Addenda by Addendum Number and Date) Addendum #1 — August 24. 2020 (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 furnishing of the Work; (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. (d) BIDDER has carefully studied all reports of explorations and tests of subsurface AN conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structuresat or contiguous to the site (except Underground Facilities) which have been identified. BIDDER acknowledges that such reports and drawings -are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER - and Engineer. do not assume responsibility for accuracy or completeness of information and data shown 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 responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, 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 for performance and furnishing 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 furnishing the Work for which this Bid is submitted. Any questions, comments, or concerns regarding the design of this project should be addressed to Stan Polivick Public Works Director; City of Cape Girardeau at 573-339-- 6351, or spolivick@cityofcape.org. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) Pursuant to 285.530 RSMo, the bidder must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by c • sub mitting a completed, notarized copy of 'AFFIDAVIT OF WORK AUTHORIZATION and • providing docurbentation 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 gidders 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") or similar program approved by the Mis,sour.i.Department of Labor and 1nduia ..sth'I 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): 'NO, ITEM 1 Mobilization 2 Demobilization 3' Pto"tObtion and Restoration of Site 4: Erosion Control 5 Seeding 6 Clearing & Grubbing 7 Removal of Improvements Ab6ndonment— Pipe Fill UNIT PRICE BID 1ST UNIT QTY. LS 1 LS 1 LS 1 LS 1 SY 1620 LS I LS 1 CY 178 BF -3 $ )51.110 TOTAL EST. PRICE 4 ZO. NO ITEM UNIT EST. QTY. 1079 245 1876 3397. 1595 70 Sidewalks — Concrete SY 53 15 4" Thick Driveways — Concrete SY 221 16 7" Thick 17 Remove Unsuitable LS 9 Soil & Replace with 6" CY Crusher Run 10 Parking Gravel — 6" SY Thick 14, iq4 11 Asphalt Pavement — SY Full Depth 12 Street Pavement - SY Concrete 8" Thick 13 Concrete Curb and LF Gutter 14 Concrete Island SY 1079 245 1876 3397. 1595 70 Sidewalks — Concrete SY 53 15 4" Thick Driveways — Concrete SY 221 16 7" Thick 17 Traffic Control LS 18 Signage & Pavement LS Marking 19 6' Chainlink Fence with LF -Barbed Wire 14, iq4 20 Single Swing Gate with EA Pushbar .21 Pipe Sewer 6 Inch LF 22 Pipe Sewer 15 Inch LF (Storm) 23 Reinforced Concrete LF Pipe Sewer 15 Inch 1 1 67 1 14 ME mm UNIT PRICE $ $ 4, s $ 49. Q0 $ 3 9, 00 TOTAL EST. PRICE $ 1.00d $ $ $ 14, iq4 $ NO ITEM UNIT EST, UNIT PRICE QTY - 24 Pipe Sewer 24 Inch LF $ (Storm) 25 Pipe Sewer 36 Inch LF 33 (Storm) EA 26 Pipe Sewer 48 Inch LF 34 (Storm) EA 27 _ Pipe Sewer 60 Inch LF 35 (Storm) EA 28 Reinforced Concrete LF Pipe'Sewer 60 Inch' 29 TX 7' Reinforced LF Concrete Box Culvert 30 6'X 6' Box with MH Top = EA 31 T RCB_ C Tee with MH EA $ Top 32 60" The with MH Top EA 33 T RCBC Tee with EA R-3510 Top 34 6Q" Tee with R-3510 EA $ d rl19 1.og Top 35 36" X 24" Box with EA R-3510 Top T RCBC Tee with 36 R -3067-L and Curb EA Box Top 37 5' x 9' Box.with' EA Modified City Top 38 36" X 24" Box with Al EA Top 12 $ /DA,01 6 $ dgq,QP 23 742 185 546 5 3 1 C.1 4 7 3 1 3 TOTAL EST. PRICE $ l7 00 $ I �0, . $ $ 110q. $ QQ s 64,b/ 57. 60 $ r7d $ d rl19 1.og $ b, rl"iVJ, $ a IPS®. °o $ r7 (,C,, 013 $ II, 9)4g, $ II,g49, 9.7icer s � 3o� � NO ITEM UNIT QTY. 36" X 24" Box with 39 R -3067-L and Curb _ EA 2 Box Top . 40 .36 X 24" Box with EA "X R -3067-C Top 41 4.8' X 48" Box with Al EA 1 Top 42 .8'X 8' Box with MH Top I=A 43 27":_X 77" Box with EA 4'Grate R-3079 Top 44 3'X 3' Box with Al Top EA 45 4' X 8' Box, with DAL EA Top 46 Trench Drain EA 47 Special Structure A71 EA 48.' Special Structure A77 EA 49 SanitarySewer Pipe, LF 8 Inch 50 48" Sanitary Manhole EA Outside Drop and 51 Sanitary Manhole EA Connection 1 4 1 2 4 1 181 2 1 TOTAL 13.11) FOR ALL. UNITPRICEJ UNIT PRICE TOTAL EST. PRICE` $ �I,�S,�"' $ $ 25105,E $ gi3o' $ 1510'q ` $ C0A ua& $ A 2, q I.� , v� $ 00 00 $�? 55a �`' $ 0 IJ (Written figure) BF -6 (Total bid amount is to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. In case of error in extension, the unit and lump sum prices under each Pay Item will be considered correct, and these sums when properly extended, shall constitute the Bid.) Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. BIDDER acknowledges that quantities are not guaranteed and final paymentwill be based on actual quantities determined as provided in the Contract Documents. 5. BIDDER agrees that the Work will be substantially complete within two hundred seventy (270) calendar days after the date when the Contract Times commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within three hundred (300) calendar days after the date when the Contract Times commences to run. BIDDER_ accepts the -provisions of the Agreement as to liquidated damages in the 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://www.uscis,gov/files/nativedocuments/MOU.pdf (f) 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. 8. Communications concerning this Bid shall be addressed to: Name Vince Kelley Address 41 North Sprigg St. Cape Girardeau, Mo 63701 (a) Performance and Payment Bonding Company Name. Merchants Bonding Company Address 6700 Westown Parkway, Des Moines, TA 50266 Agent\Powerof Attorney Name (if used) Donald L. Wasoba Address 22 Avacado Tree Circle, St. Peters, MO 63376 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 Sept 1 20 2Q State Contractor License No. 0010575 IF BIDDER is: - An Individual By (SEAL) (Individual's Name) doing business as Business address: Phone No.: A Partnership By (Firm Name) (General Partner) Business address: Phone No.: _(SEAL) BREAKDOWN OF WORK FORCE (Required): The Contractor shall be registered with the Missouri Secretary of State in orderto work on this project. BIDDER hereby states that he will perform the following items of work directly without. employment of subcontractors: All work not listed below. It anticipated that the following subcontractors will be employed for work on this project: *SUBCONTRACTORS: (Name of Company) ASA ASznha 1 f- AP1 n 1 4- y Midwest Painting & Drywall Striping (Type of Work) * All subcontractors shall be registered with the Missouri Secretary of State in orderto work on this project. A Corporation By - Ni r V- I I Wrfii i r%mc-n i -A (n TTL- me) (SEAL) (SEAL) inri fn Rinnl AV '6-',-"',7Sea I) 0 N"'W, - k Attest J a Kelley (Secretary) Business address: 41 North Sprigg St. Cape Girardeau, `:..MO 63701 Phone No.: 573-334-0553 Date of Qualification I to do business is, January 1974 - (Address) By (Name) (Address) Phone Number and Address for receipt of official communications: (SEAL) corporation that is a party to the joint venture should be in the manner inaicaiea aDove.) BF -9 EXHIBIT AFFIDAVIT OF OSHA TRAINING COMES NOW (Name)yince Kelley as (Office Held) President of (Company Name/Contractor) Nip Kelley Equipment co. Inand first being dulysworn, on my oath, affirm in connection with the contracted services related to Good Hope Street Storm Water Imp. - (Project Name) for the duration of the contract, as follows: L Contractor shall provide a ten (10) hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be on-site at the Project. The construction safety program shall include a course in construction safety and health that is approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section 292.675, RSMo. 2. Contractor shall require its on-site employees to _complete a construction safety program within sixty (60) days after the date work on the Project commences, as required by Section 292.675, RSMo. 3. Contractor acknowledges and agrees that any of Contractor's employees found on the Project site without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the Project. 4. Contractor shall require. all of its Subcontractors to comply with the requirements of Section 292.675, RSMo: 5. Contractor acknowledges that pursuant to Section 292.675,. RSMo., Contractor shall forfeit to City as a penalty two thousand five hundred dollars ($2,500.000), plus one hundred dollars ($100.00) for each on-site employee employed by Contractor or its Subcontractor, for each calendar day, or portion thereof, such on-site employee is employed without the construction safety training required in Section 292.675, RSMo. 6. Contractor acknowledges that violations of Section 292.675, RSMo, and imposition of the penalties described therein shall be investigated and determined by the Missouri Department of Labor and Industrial Relations. 7 Contractor -acknowledges that in the event that the Missouri Department -of Labor and Industnal, Relations has determined that a violation of Section 292.675, RSMo., has occurred OSHA - 1 and that a penalty shall be assessed, the City shall withhold and retain all sums and amounts due and owing when making payments to Contractor under this Contract. FURTHER AFFIANT SAITH NOT. IN AFFIRMATION THEREOF, - the facts stated above are true and correct (the undersigned understands that false statements made in this filing .are subject to the penalties, provided in Section 575.040, RSMo.) Nip Kelley E uipment Co. Inc. (Name of Corporation) r, By: (Name of Officer of rp ration and itle) Vince Kelley, Pres' ent A T. e}Gr therofficer Jan Ke 1 0 2- !?ORAT'IOI� t I P 4{t ) ss. COUN'T'Y OF Or-6;1t9rk6"— ) On this s day of: �1Wf-,Yy, 2020, before me appeared V � 1 t f( to e personally known, who being by me duly sworn, did say that �e she is the .t a 1 _ of I . ✓X�W , a Missouri Corporation, and that the seal affixed to the foregoing inst`rtit is the seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and ar first above written. Notary Public My Commission Expires: OSHA - 2. ' OXY pili STACI L. PEPPLE ; MyCommission Expires February 9, 2021 = 3". SEAL = 0,P & , Scott County Commission #13434217 EXHIBIT AFFIDAVIT OF WORK AUTHORIZATION COMES NOW (Name) Vince Kelley as (Office Held) President of (Company Name/Contractor) N ip Kelley Equipment Co. Inand first being duly sworn, on MY oath, affirm as follows: 1. (Company Name/Contractor) -Nip Kelley Equipment. Co _ 'Inc- is nc__is enrolled and`will continue to participate in a federal work authorization. program in respect to employees that will work in connection with the contracted services related to (project Name) Good Hope street storm water Imf)or the duration of the contract in accordance with RSMo Chapter 285.530(2). Inc. 2. I also affirmthat (Company Name/Contractor) Nip Kell Py F =„i pmPnt C610es not and will not knowingly employ a person who is an unauthorized alien in. connection with the contract services related to (Project Name) Good Hope: street` Storm Water Imp- -- for the duration of the contract. 3: Attached hereto is documentation affirming Contractor's enrollment and participation in a federal work authorization program with respect toy the employees working in connection with the contracted services. FURTHER AFFIANT SAITH NOT. IN AFFIRMATION;. THEREOF,'° the.- facts stated, above are true and correct (the undersigned understands that false statements made in this filing are subject; to the penalties provided in Section 575.040, RSMo.) ATTEST: Jan Ke mom Nip Kelley.Echipment Co., Inc. (Name of Corporation) (Name of Officer of ' or. Vince Ke ley, Wand Title) resident STATE OF 01, Sw K, ) ss. COUNTY oF� On this 13T day of , 20 ;0, before me appeared VjW ci Ke 14�4, tome personally known, who, being by me duly sworn, did say that &she is the P&Si W-4 of + 00j 4 � a Missouri Corporation, and that the seal affixed to the foregoing instrument is the seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. Notary Public My Commission Expires: ` o P 4' pG��C;; STACI L, PEPPLE -=��Y My Commission Expires * ;NOTARY , * = February 9, 2021 SEAL g_ Scott County "��,,O 16 Commission #13434217 OC"*I T Y OfC.Ar Certification Regarding Debarment, Suspension and Other Responsibility Matters The contractor hereby certifies to the best of its knowledge and belief and that it and its principals and its subcontractors and their principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency; (b) Have not within a three (3)' year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this subcontract had one or more public transactions (Federal, State or Local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this contractor or termination of the contract. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $ 10,000 or imprisonment for up to five (5) years or both. Vince Kelley President Typed Name $ Title of Authorized Representative Signature/f A:9560/d Representative .9/01 /2020 Date ❑ I am unable to certify to the above statement. My explanation is attached. ANTI -DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION Pursuant to RSMo. §34.600, a public entity shall not enter into a :contract to acquire or dispose of services, supplies, information technology, or construction valued at $100,000 or more, or with a contractor having ten or more employees, unless the contract includes a written certification that the person or company is not currently engaged in, and shall not, for the duration of the contract, engage in a boycott of.- Goods f: Goods or services from the State of Israel; Companies doing business in, or with, Israel; Companies authorized by, licensed by, or organized under, the laws of the State of Israel; or Persons or entities doing business in the State of Israel; For a definition of the term "boycott", please refer to RSMo. §34.600.3. A copy of the statute is attached. By signing below, the Contractor agrees and certifies that it does not currently, and will not for the duration of this contract, erigage in any of the types of boycotts listed above. IN AFFIRMATION THEREOF,'the undersigned states that the facts stated above are true and correct, and that he/she understands that false statements made in this filing are subject to the penalties provided'in Section 575.040, RSMo. Nip Kell � Equipment Coo,Inc. (Name of Co(rporation) (Name f Officer gf'.V�orporation and Title) Vin 'e Kellp President ATTEST: (I „Secre A--," ��- 11.®^ — ry (or other officer) Jan elley 1 V ( CORPORATION) sem, � b� , �' l➢ a ���, `�: � r � �.� :.. t•�v .,� w . .a'. ,m.. ((+ a •, �� �Pf y � t�M\• 4' ` e � • �� a ^�-� � Q�'•~ Al S}. SLI A E STATE OF Ifl � Ssoit r i ss. COUNTY OF _Q�.� �,�rort�til� ) On this 1,5i' day of , 2020, before me appeared Vik(It VC its , tome personally known, who, eing by me duly sworn, did say that l0she is the WZ6Un4 of ( i gcge J1 a Missouri Corporation, and that the seal affixed to the foregoing mstr ent is the seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office, the day and year first above written. My Commission Expires: XJA d'6= -d- -----Notary STACI L. PEPPLE My Commission Expires NOTARY * e February 9, 2021 SEAL : '" ' ' Scott County Commission #13434217 t-Verify, 1 10 IN Company ID Number: 211168 THE E -VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Nip Kelley Equipment Company, Inc. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E -Verify). This MOU explains certain features of the E -Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E -Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E -Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts. Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. '104-208, 110 Stat. 3.009, as amended (8 U.S.C. § 1324a note). Authority for use of the E -Verify program by Federal contractors andsubcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive order 12989, as amended, ARTICLE II A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E -Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E -Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify.program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). Page ! of i3!P.'.' Vf,%6fy 110OU (or Er.nployleiI , ismo aW I0i2(,i ,8 A x S� USA r r�.' IIIIIfI �' y", -VERIFY IS h .SSY.I'I C:E OF IMS Company ID Number: 211168 To be accepted as a participant in E -Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E -Verify at 888-464-4218. Employer Nip Kelley Equipment Company, Inc. Vince Kelley Rama (Please Type or PrIM) /SIG°lfrrTri°:l/ .. /r ��c ......_. Signature Department of Homeland Security - Verification Division USCIS Verification Division ..............._.............:........_..:..........::....._. €3i rrtra ('f° leak'se" `ypo or Pl int) P agI i 101 131E -Verily M01,11 for Ernployedrle!siun rJc:ie 10/29,308 015/01512009 ............................. ........................ ........ ..............._... ........... _.... _._...... Title h— V awn fy", Angs 18 �•ISTPT 6'-VBI:z FY 2^i h SE(R': Ck OP DHS Company ID Number: 211168 _a.�,�.��.,M,��....�•�,�A.p.��.r<,..•�r��4N�Information Required jfor the �E-Verify Program �n���•�#�r���ry�•���������m• Information relating to your Company: Company Name; Ails Kelley Equipment Company, Ino. Company FaWlity Addresw. 41 North Sprig Cape Girardeau, MO 63701 Company Altermate Address-, County or Parish: CAPE.GWRARDEAU Er player Identif!cation Number: 43108 200 North American Industry Classification systellis €„;jade: 237 Parent Company: Nil) Kelley Equipment Company, inr._.___ Number caber cif En-iploye€.s: 20 to 99 Number of Sites Verified for. 1 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: MISSOURI 1 site(s) Page 12 of 131E.Jorify MOU for Ernploytrr rIvvision Dates 10/29lG0 r n`e Opti %r:r t, TfA 8-vEt:LPY LS A SEHVLCB OF -S Company ID Number: 211168 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Staci L Pepple Telephone Number: (573) 334 - 0553 Fax Number: (573) 334 - 2025 E-mail Address: spepple@nipkelleyco.com Name: Vince L Kelley Telephone Number: (573) 33.4 - 0553 Fax Number: (573) 334 - 2025 E-mail Address: vkelley@nipkelleyco.com P19a 13 of 13'•,f-'v'P,ri1 'vli`,(S fpr Employer�l ic-vision DatL 1 nr 4i'i.1t3 N4,—Ou OG tIM ids �z rs 6 dc� ic3 Road to be dul 49MAW on its bahalfby xu Ri 'Inc y{ .dix" g_ dJf..Jdd 'Lid �,� Karen D. Was oba, Witness al be w 00 fterm =1` A3 3 :; i ;qul .sita'ntYrlowult iad xrivmoy; b t?d 11 tt ell . htsirs, ntucctitrora. adrrrind�rstata �ra+rcar� ana► �szalgns rp per' OWW upaIA deft* a(Siddee the pets) sura so Aatti, M ft tenet or 014 Bond: iC%l�ultsxr` iridtr s U ccis}r roH tit fid Wv oY ")trio dalivtr witWa thr tin* "ulrrd by The Siddiol Dootiftnts the, cxet)utpd 7tgrnarrvpt requito by t1te laimiais 1:tkO r Oo Imftstrnsact ud px3'ttt x bimdsMquireA by ttw A)tlei Doouritetus Aild{:onv4cl Docaiitonte. I l'li4 obligation shalt he nuit and void if. 3:1 {�Rnsf Utepts Diddeet bid omd Biddodelivatx ewith n tete tiMrAtiiMd by the ��d�tigT�ci)r) ry {trt w z tsiats'tktrtraf to rt Lt tet id Vvr "g. U�" . Uftlh%d'Arkx xt j tMi} Srbdfrj+t to � . documents t)rttl smy pffjbti` 4atCt+ sled p9raotit. sane �gi)Irtd by the lipidd)'n¢ �rau,stttettts 4nt1 tdoa(raai. t�9tt►ftWinC�tY ��� A,I16ids ate rc���ted" by �l�m�r� rir Own) '*aita to asud s notinc of'awa»i to bidder t rtlriax tlto tit; $Witte d in the Bitktt'ng 1k t+rt s :( :trey; 6Yx�"ftft0&Wr)to A w ti by Bittdor tf. pst'�ph S hetsn>y; PItYMCnt 404 this Bond will �6 dot sued pqzbl6 tlpost deRut#: "iddarand within 310 e*tcttdar dam rafter x4041 by idai tdt SWM Or"ittm. notftofdeAl llt kro Owner, whioh ),stare 401 be diva with Masottsittlt pMM-putrss . idcoiifyingthis- Band"tttd; i'+qj artil inatudibg ft stat-crMtorthG amount dtia: 5Y swelY t *W$ rrarioof aa=Y byres salt atsR or snsiI14 Out *ferny r;jr= agiW lQ: j"4644ft OrA itt writing by Ofter axed Oidder, provlddd that the tztrta furr itsu;reg ttpOC46f nword tactuding exsmituis )late notin the s, gkt ek "d 120 days B'om Lild.. t so igt without Surctyv txrit ci : . 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Build- 81JO,nadt�s mdot y�y ttsrrixnercisl. +aria ryr by CJnit "sws i it,e;Aw ryd a �0 1Flspi4.rt ur,1 cad t cipt Mgrtx , l tg t pre ps f ri .b die td.aa cf�rrath+e txpt� �CCipt by tfx: � c ,. i. , 4ixrdt shat ora ser tk "battaatuil tv hits B4t7t1 uftbt duel" i%�Cctive Poty� nP Attora�ap? �vtdettcin�;ttza sutt�tB� tti"tis� A1ii;r '4901 err Mireaontativetiwho ex Cumd this 86.4d (16 tzt6ll'6f st-qtly td wtut,.{�adlFvtrestscltvrtd axed bi#d"tPtc Ststt'thcli 1�. 7�ris 13u11d is:ii�att#cdrtz �tfomt sit t�litalbtt sts#�ry 04WWs;:ttM A!ay Applit ecx uit stti tool a ttgz Yt &l it+tWk 00WAOu irtri�))r3cd �Dttszi �: s�'.#�At'i3t2t'e tai l�l,�th. ii'ats�y,�y'Vk�t0�t:4tt`�f6#{� ex= No, 10 mpu Mam NVERCHANTS BONDING O (. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, Individually, Donald L Wasoba their true and lawful Attorney(s)-in-Fact, to sign its name as surety(les) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law, This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 11th day of February 2020 +0e°peYO! 1141111°e o° 10�OQ` ®e * • -::y N 1 •° X10 VQA.°r .alp,% e. .t;A. ®"y : ., MERCHANTS BONDING COMPANY (MUTUAL) �' r :: MERCHANTS NATIONAL BONDING, INC. 2003 1933 E4 By •. President STATE OF IOWA 4°""°roe a°°e aO+Op COUNTY OF DALLAS ss. On this 11th day of February 2020 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. POLLY MASON o �p Commission Number 750576 "000 My Commission Expires b 1001- January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. 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Q M M O O 01 O n O O O O m N N O N N N O) 2 [y O O O O O O O O O O O O U N O O O O O O O O O O O c0 ^ O m m m O) O O n m N N a E~ U N u) N O O O O fA O LL UN N d m n '- J N Ll _ O O OJ 1[l M J O - N O M r O OI OD O Q Q N U ti m O N o N LL U E, N� O O O O O O O O O O O � C m N O O O O O O O O O O O O o f > S N 00 N n 6 6 N n N N 6 I(l OJ WT ,CCn 9 O Mm N Q mO � N N H C f/J C7 � fA fA fA fPr N N iH U 0 o O O o 0 0 0 0 o O o 0 o O o 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 o vi o 0 Q m N o O o O M O o O -O 0 0 O o O Q N o O 0 n F M O M Q O N N O O fA N fA (O EA N N f9 fA N m W N m O O O O O O O O O O O w O O O O O O O O O O O w O O O O O CJ O O uJ O O z in m o o rn m m o 0 0 0 0 0 o Q o 0 n � t- U z M Cl m w w � U Q N Q M N Z i p Z Q Q Q Q Q Q LL Q Q n J W W W w W w W W W W J W W J Q 2 O E O p C? a 3 K L 0 O H A 0 (j n 0 n o � o d Q QN y c Q p m m d c U < p O OC x U i U 2 3 �' 2 C O` O t m a O) 2 W m m m C N 2 Z Q N W % O X M M % a X % 0 _ W V O V V V V N W Z Q In a Staff: Ryan Shrimplin, AlCP - City Planner Agenda: 9/8/2020 SUBJECT A Resolution authorizing the City Manager to execute a Performance Guarantee Agreement with Star Vue Rentals, LLC, for Star Vue Subdivision, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached resolution authorizes the City Manager to execute a performance guarantee agreement for public improvements (water and sanitary sewer) in Star Vue Subdivision. BACKGROUNDMISCUSSION Star Vue Rentals, LLC, developer of Star Vue Subdivision, has submitted public improvement plans for the subdivision. The plans have been approved by the City's engineering staff. Per Section 25-1308 of the City's Code of Ordinances, all of the public improvements for a subdivision must be completed and/or covered under a performance guarantee agreement in order for the City Council to review a record plat of that subdivision. The developer has chosen to execute a performance guarantee agreement for all of the public improvements (water and sanitary sewer). As part of the agreement, the developer has obtained a letter of credit in the amount of $66,111.02 based on a cost estimate prepared by the City's engineering staff. The agreement and cost estimate are attached. FINANCIAL IMPACT Per the agreement, if the developer does not complete the improvements in two years, the City may complete them and request payment from the letter of credit to recover its costs. STAFF RECOMMENDATION Staff recommends approval of the resolution authorizing the City Manager to execute the performance guarantee agreement for Star Vue Subdivision. ATTACHMENTS: Name: Description: D Agreement Perfomrance Guarantee Star Vue Rentals.doc Resolution D Perfomnance_Guarantee Star We Subdivision (WaterSewer,) Partially Ewcuted.pd Star Vue SubdWsion - Performance Guarantee Agreement _Agreement _Sanitary D Perfomnance_Guarantee _Agreement Amount KLG.pdf Star Vue Subdivision - Cost Estimate BILL NO. 20-128 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PERFORMANCE GUARANTEE AGREEMENT WITH STAR VUE RENTALS, LLC, FOR STAR VUE SUBDIVISION, 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 Performance Guarantee Agreement with Star Vue Rentals, LLC, for Star Vue Subdivision, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto, 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 , 2020. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk PERFORMANCE GUARANTEE AGREEMENT STAR VUE SUBDIVISION (WATER AND SANITARY SEWER) This Performance Guarantee Agreement, hereinafter referred to as this "Agreement", is made and entered into this,3 I si, day of -I,O-� , 2020, by and between STAR VUE RENTALS, LLC, a Missouri Limited Liability Company, having its principal office and place of business at 4587 State Highway 74, Cape Girardeau, Missouri, 63701, hereinafter referred to as the "Developer", and the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation of the State of Missouri, hereinafter referred to as the "City". The Developer and the City collectively are hereinafter referred to as the "Parties". WITNESSETH: WHEREAS, the Developer is the owner of Star Vue Subdivision, a proposed subdivision located within the City of Cape Girardeau, Missouri, and has submitted to the City improvement plans and specifications for said subdivision, which have been approved by the City, and has submitted a record plat for said subdivision with request that said plat be approved by the City; and WHEREAS, the Developer proposes to meet the ordinance requirements of the City with respect to the posting of this Agreement prior to the approval by the City of the plat proposed for said subdivision. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and agreements contained herein, the Parties stipulate and agree as follows: 1. The Developer has submitted to the City a record plat for Star Vue Subdivision, hereinafter referred to as the "Proposed Subdivision", with request that said plat be approved by the City. The Developer has also submitted improvement plans for the Proposed Subdivision, which have been approved by the City. 2. A Letter of Credit has been issued for the cost of the improvements in the Proposed Subdivision by MRV Banks, hereinafter referred to as the "Financial Institution". The Letter of Credit is attached to this Agreement as `Exhibit A" and made a part hereof as though fully set out herein. The Letter of Credit is a commitment to the Developer from the Financial Institution that it will serve as the primary lender for the development of the Proposed Subdivision and commits itself for enough funds to complete the improvements in the Proposed Subdivision. Further, the Letter of Credit lists the City as the Beneficiary and provides for payment of funds to the City in the event the Developer is found to be in default under this Agreement. 3. A copy of the most recent financial statement of the Financial Institution is made available for the purpose of guaranteeing to the City that the Financial Institution, as the Page 1 of 5 issuer of the Letter of Credit to the Developer, has sufficient resources with which to uphold its guarantee. 4. The City may, from time to time, authorize a reduction in the balance of the Letter of Credit and shall do so by written notification from the City's Administrative Officer. 5. Upon approval by the City through its Administrative Officer for the release of the remaining balance of the Letter of Credit, this Agreement shall be terminated and the Developer and the Financial Institution shall be released from any further obligation to the City insofar as the provisions of this Agreement are concerned. 6. If, after two (2) years from the date of this Agreement, all the improvements shown on the approved improvement plans and specifications have not been completed, the City may request payment from the balance of the 'Letter of Credit as required in order to complete the improvements. Said request for payment shall be per the terms of the Letter of Credit. 7. This Agreement shall not in any fashion be construed to limit the powers, rights, or duties of the City, but shall be construed in the light of the applicable City ordinances. 8. No part of this Agreement may be assigned by the Developer or the Financial Institution without first obtaining the express written consent of such assignment by the City, but the City agrees not to unreasonably withhold such consent. date. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the above Page 2 of 5 DEVELOPER Star Vue Rentals, LLC M- A'z" �-� Bradle Sc osser, Managing Member STATE OF MISSOURI ) SS. COUNTY OF ) On this 315Fday of Ci , 2020, before me personally appeared Bradley Schlosser, Managing Member of Star Vue Rentals, LLC, a Missouri Limited Liability Company, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as the free act and deed of said Limited Liability Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. Notary Public Name/My Commission Expires: 01 Imboa, a Ll� e gyp+ N �5f I MR DIDORAH L. PIIS My Commission Expires januory29,2022 �1 Page 3 of 5 CITY City of Cape Girardeau, Missouri Scott A. Meyer, City Manager ATTEST: City Cleric STATE OF MISSOURI ) SS. COUNTY OF CAPE GIRARDEAU ) On this this day of , 2020, before me personally appeared Scott A. Meyer, City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, to me known to be the person described in and who executed the foregoing instrument, and ackriowledged that the foregoing instrument was signed and sealed on behalf of said City by authority of its City Council, and acknowledged that he executed the same as the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. Notary Public Name/My Commission Expires: Page 4 of 5 EXHIBIT A LETTER OF CREDIT (on following page) Page 5 of 5 MRV Banns 871 Ste. Genevieve Drive Ste. Genevieve, Missouri 63670 (573)883-8222 L/C Number: 400776100 RE: IRREVOCABLE LETTER Or CREDIT City of Cape Girardeau, Missouri 401 Independence Street Cape Girardeau, MO 63703 Attention: City of Cape Girardeau, Missouri Sir, Madam: Upon the request of Star Vue Rentals, LLC, we, MRV Banks (the Issuing institution) have established this Irrevocable Letter of Credit in your (Beneficiary) favor, up to an aggregate amount of Sixty-six Thousand One Hundred Eleven and 02/100 Dollars ($66,111.02). Payment to you will be made upon written request. This Letter of Credit must be presented with your drawing. A draft must bear upon its face the statement "Drawn under Letter of Credit No. 400776100." This Credit is not transferable. Any successor or assignee of the Beneficiary will not constitute a transferee of Credit. We will honor a draft drawn and presented under and in compliance with the terms of this Letter of Credit if presented to us at our address set forth above at or before March 1, 2023, The Uniform Customs and Practice for Documentary Credits (hereinafter called the "UCP") as most recently published by the International Chamber of Commerce (ICC) shall in all respects be deemed a part hereof as fully as if incorporated herein and shall apply to the Credit. This Agreement shall be governed by and construed in accordance with the laws of the state of Missouri , United States of America, except to the extent such law re inconsistent with the UCP. MRV s By: Brent Presser Date Its: Vice President C, 2004-2019 Compliance Systems, Inc. 394ccI80-3401171f- 2019.112.0.2 Letter of Credit - DL4013 Page l of 1 www.compliancesystems.coni 11111111111Il1I11111111111 1111111111111111 111111111111111111111 Line Item # Site Development: 100 101 102 103 104 105 Sanitary Sewer Improvements 200 201 202 203 204 205 Street Paving Improvements: 300 301 302 303 304 305 306 Storm Sewer Improvements 400 404 402 403 404 405 4G6 4G7 408 409 440 Water System Improvements 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 Misc. Utilities Improvements 600 601 StarVue Apartments $ 56.50 EA Performance Gurantee Construction Cost 372.00 EA Description Units 3,842.50 Cost / Unit # Units Cost Mobilization LS $ 13,107.00 $ Clearing and Grubbing LS $ 9,250.00 $ Mass Excavation (Cuts and Fills) LS $ 35,750.00 $ Erosion Control Measures LS $ 5,158.00 $ Traffic Control LS $ 11,850.00 $ Seeding and Mulching LS $ 4,238.00 $ 8" PVC Sanitary Sewer Pipe Sanitary Sewer Wyes 8" X 6" Sanitary Sewer Manholes (4' Diameter) Existing Manhole Connection 4" Forcemain 4" P.C.C. Sidewalk with Type 5 Base ADA Curb Ramp with Truncated Domes 7" P.C.C. Pavement with Curb and Gutter 6" P.C.C. Driveway with Type 5 Base Modular Block Retaining Wall Stop Sign No Parking Sign Single GUFb Iniet 4 if"�M1OC 16" HIDPF 491, unoc 24" HDPE I I„ oro ci...,.a Rnd c,.,.Finn oro 94" oro n...,.a EAFI c,...FiAR 12" CMP Pipe 6" Dia. PVC Water Line 8" Dia. PVC Water Line 8" Dia. PVC Restrained Joint Water Line 8" Dia. HDPE Water Line 4" Gate Valve 8" Gate Valve Fire Hydrant Assembly 6" to 8" PVC Reducer 6" to 8" DIP Reducer 8" PVC 45" Bend with Thrust Block 8" DIP 45" Bend with Thrust Block 8" PVC End Cap Horizontal Boring Connect to Existing 6" PVC Water Line Connect to Existing 8" PVC Water Line Street Lights 4" Sch. 40 Electrical Conduit Construction Total LF $ 56.50 EA $ 372.00 EA $ 3,842.50 1=F $ 32.50 EA $ 1,236.25 LF $ 12.50 SY $ 67.25 EA $ 1,575.00 SY $ 55.50 SY $ 65.00 SF $ 99.50 EA $ 625.00 EA $ 410.00 EA $ 3,625-00 EA $ 4,085.00 EA $ 2,250 00 L -F $ 35-00 1=F $ 40:00 6F $ 75:00 L -F $ 75.00 €A $ 835.00 EA $ 725.50 E-A $ 1787-00 LF $ 35:75 LF $ 12.00 LF $ 38.00 LF $ 69.00 LF $ 81.00 EA $ 465.00 EA $ 750.00 EA $ 4,218.00 EA $ 175.00 EA $ 200.00 EA $ 750.00 EA $ 868.00 EA $ 445.00 LF $ 275.00 EA $ 3,648.00 EA $ 3,750.00 EA $ 5,500.00 LF $ 4.50 390.0 $ 22,035.00 3.0 $ 1,116.00 2.0 $ 7,685.00 62.0 1.0 $ 1,236.25 450.0 $ 17,100.00 2.0 $ 930.00 2.0 $ 1,500.00 2.0 $ 8,436.00 1.0 $ 175.00 3.0 $ 2,250.00 1.0 $ 3,648.00 $ 66,111.25 Staff: Ryan Shrimplin, AICP - City Planner Agenda: 9/8/2020 SUBJECT Approval of a one-year extension of the Deer Run Estates preliminary plat approval. EXECUTIVE SUMMARY The developer of the Deer Run Estates subdivision has submitted a letter requesting an extension of the preliminary plat approval, which expires September 20, 2020. BACKGROUND/DISCUSSION The preliminary plat of Deer Run Estates was approved by the City Council on September 20, 2018. Per Section 25-1228(c) of the City's Code of Ordinances, approval of a preliminary plat shall be valid for a period of two years from the date of approval, unless the City Council approves a longer time period. The Council did not approve a longer time period at the time the preliminary plat was approved. Therefore, the approval is set to expire September 20, 2020. The developer has submitted a letter requesting an extension of the preliminary plat approval. The letter is attached. Approval of an extension will allow the developer additional time to submit the record plat of the first phase of the subdivision for review by the City. STAFF RECOMMENDATION Staff recommends approval of a one-year extension of the Deer Run Estates preliminary plat approval. Name: Description: D deer run.pdf Deer Run Estates Preliminary Plat - Request for Extension Cape Land and Development LLC 2985 Boutin Drive Cape Girardeau, MO 63701 Ryan Shrimplin City Of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 Ryan, Please extend preliminary plat for Deer Run Estates, with the Covid 19 and the crazy weather we have not gotten to start the new project. Best Re Williams Staff: Anna Kangas, Transformation Agenda: Manager 9/8/2020 SUBJECT An Ordinance Amending Chapter 6 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding Dog and Cat Licensing. First Reading. EXECUTIVE SUMMARY These revisions repeal the requirement for a city -issued license for dogs and cats. BACKGROUND/DISCUSSION The city currently requires dog and cat owners obtain a city license for their animals, in addition to the rabies tag from their veterinarian. The city license ranges from $1 to $5 for senior citizens, depending on if their animal is unaltered or altered (spayed or neutered), and from $3 to $15 for citizens of other ages. The tags are delivered to 7 local veterinarian offices for distribution, and tag sales are recorded in log books. The log books are retrieved once or twice a year, depending on tag sales, but the tag information is not transferred to a searchable database. FINANCIAL IMPACT Ceasing the city license requirement will decrease revenue by approximately $4,000/year. However, the city license is not beneficial because the information is not searchable. It also charges animal owners twice for vaccinating their animals, as a city license cannot be obtained without proof of rabies vaccination and alteration. Deleting this license will also allow Customer Service and Nuisance Abatement staff to focus on other responsibilities. City staff recommends the passage and approval of proposed Ordinance changes. PUBLIC OUTREACH Staff reached out to local veterinarians for their input on the ordinance. They indicated the city license requirement is not beneficial since the information is not searchable. If the correct veterinarian office is contacted, the rabies tag number can be used to identify a lost pet. ATTACHMENTS: Name: Description: ❑ Anrnding Ch 6 reaardina doa and cat licensing doc Ordinance ❑ dog cat license ordinance rev.docx Re\Ased ordinance BILL NO. 20-125 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING DOG AND CAT LICENSING BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 6-27 entitled, "License: fee, requirements; issuance of metal tag by city clerk", of Article II of Chapter 6 of the City Code, reading as follows: Sec. 6-27. - License; fee, requirements; issuance of metal tag by city clerk. Any person owning, controlling, possessing or having the management or care of any dog or cat shall apply to the city clerk and obtain a city license annually on or before April first of each year. The fee for the license is fifteen dollars ($15.00) for each dog or cat not spayed or neutered and three dollars ($3.00) for each dog or cat that has been spayed or neutered. Any person over the age of sixty-five (65) may purchase a license at one dollar ($1.00) for any spayed or neutered dog or cat and five dollars ($5.00) each for unaltered dogs or cats. A licensed breeding kennel may purchase a license at three dollars ($3.00) for each dog or cat regardless of whether such dog or cat has been spayed or neutered. The applicant for the license for any dog or cat over six (6) months of age shall present a certificate of inoculation of such dog or cat against rabies issued by a licensed veterinarian and showing that such inoculation is medically valid for the period within which the license is to be effective. The owner must also provide a certificate from a licensed veterinarian as proof that the animal has been spayed or neutered. Upon fulfilling these requirements the applicant shall receive from the city clerk a metal tag of suitable design inscribed with the words "Cape Girardeau animal license" with the year of issuance. He shall securely attach the tag to the animal by means of a collar or harness of substantial make and condition. The metal tags shall be numbered consecutively. is hereby repealed in its entirety. 1 ARTICLE 2. Section 6-28 entitled, "Disposition of unlicensed dogs and cats", of Article II of Chapter 6 of the City Code, reading as follows: Sec. 6-28. - Disposition of unlicensed dogs and cats. All dogs and cats found within the city without a license tag shall be considered as strays and disposed of after a five-day holding period. is hereby repealed in its entirety and a new Section 6-28 entitled, "Disposition of unlicensed dogs and cats", is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 6-28. - Disposition of dogs and cats without a current rabies tag. Any person owning, controlling, possessing or having management or care of any dog or cat shall display a current rabies tag on the collar of each dog and cat. All dogs and cats found within the city without a rabies tag shall be considered as strays and disposed of after a five- day holding period. ARTICLE 3. Section 6-36 entitled, "Limitations on number of dogs and cats", of Article II of Chapter 6 of the City Code, reading as follows: Sec. 6-36. - Limitations on number of dogs or cats. (a) No person shall at any time, keep, harbor, or allow to remain at one (1) residential location within the city more than two (2) dogs and two (2) cats unless they have been spayed or neutered. If all of such animals are spayed or neutered then a person may keep, harbor, or allow to remain a combined total of eight (8) of such animals, but not more than four (4) of this combined allowed total of animals may be dogs, and all of such animals must be confined in a solidly enclosed place between the hours of 11:00 p.m. and 6:00 a.m. (b) This limitation shall not apply to any dogs or cats which are less than three (3) months old. (c) This limitation shall not apply to any person who has obtained a license for such dogs and cats pursuant to section 6-27 of the City Code prior to the effective date of this section. 2 (d) This limitation on the number of dogs shall not apply to any person at a residential location with a minimum of five (5) acres of property so long as the dogs are spayed or neutered and there are no more than six (6) dogs at any one time. In the event such dogs are housed outside, such dog housing must be located within three hundred (300) feet of the principal residence. is hereby repealed in its entirety and a new Section 6-36 entitled, "Limitations on number of dogs or cats", is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 6-36. - Limitations on number of dogs or cats. (a) No person shall at any time, keep, harbor, or allow to remain at one (1) residential location within the city more than two (2) dogs and two (2) cats unless they have been spayed or neutered. If all of such animals are spayed or neutered then a person may keep, harbor, or allow to remain a combined total of eight (8) of such animals, but not more than four (4) of this combined allowed total of animals may be dogs, and all of such animals must be confined in a solidly enclosed place between the hours of 11:00 p.m. and 6:00 a.m. (b) This limitation shall not apply to any dogs or cats which are less than three (3) months old. (c) This limitation on the number of dogs shall not apply to any person at a residential location with a minimum of five (5) acres of property so long as the dogs are spayed or neutered and there are no more than six ( 6 ) dogs at any one time. In the event such dogs are housed outside, such dog housing must be located within three hundred (300) feet of the principal residence. ARTICLE 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 5. 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. 3 ARTICLE 6. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2020. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk 0 ARTICLE II. - DOGS AND CATS Sec. 6-28. - Disposition of unlicensed dogs and cats. All dogs and cats found within the city without a license Elbies tag shall be considered as strays and disposed of after a five-day holding period. (Ord. No. 3359, § 1, 8-2-04) Sec. 6-36. - Limitations on number of dogs or cats. (a) No person shall at any time, keep, harbor, or allow to remain at one (1) residential location within the city more than two (2) dogs and two (2) cats unless they have been spayed or neutered. If all of such animals are spayed or neutered then a person may keep, harbor, or allow to remain a combined total of eight (8) of such animals, but not more than four (4) of this combined allowed total of animals may be dogs, and all of such animals must be confined in a solidly enclosed place between the hours of 11:00 p.m. and 6:00 a.m. (b) This limitation shall not apply to any dogs or cats which are less than three (3) months old. (d) This limitation on the number of dogs shall not apply to any person at a residential location with a minimum of five (5) acres of property so long as the dogs are spayed or neutered and there are no more than six (6) dogs at any one time. In the event such dogs are housed outside, such dog housing must be located within three hundred (300) feet of the principal residence. (Ord. No. 3359, § 1, 8-2-04; Ord. No. 3523, art. 4, 7-18-05) Staff: Kelly Green, P.E., City Engineer Agenda: 9/8/2020 SUBJECT An Ordinance accepting a Permanent Drainage Easement from Ramona L. Brinkopf, for 335 Christine Street in the City of Cape Girardeau, Missouri. BACKGROUND/DISCUSSION Ramona L. Brinkopf has agreed to grant the City of Cape Girardeau a Permanent Drainage Easement. The Permanent Drainage Easement is necessary for the Good Hope Drainage Project. FINANCIAL IMPACT Ramona L. Brinkoft has donated the Permanent Drainage Easement. STAFF RECOMMENDATION Staff recommends Council approves the attached Ordinance accepting a Permanent Drainage Easement for 335 Christine Street from Ramona L. Brinkopf, in the City of Cape Girardeau, Missouri. ATTACHMENTS: Name: Description: D PDE 335 Christine Street.doc Ordinance D PDE Ewcuted.pdf PDE BILL NO. 20-129 ORDINANCE NO. AN ORDINANCE ACCEPTING A PERMANENT DRAINAGE EASEMENT FROM RAMONA L. BRINKOPF, FOR PROPERTY LOCATED AT 335 CHRISTINE 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 City of Cape Girardeau, Missouri, hereby accepts, and agrees to accept, a Permanent Drainage Easement from Ramona L. Brinkopf, for property located at 335 Christine Street, in the City of Cape Girardeau, Missouri, described as follows: A tract of land being part of Outlot 87, U.S. Survey 2199, City of Cape Girardeau, Cape Girardeau County, Missouri and more particularly described as follows: COMMENCING at the intersection of the southerly line of land now or formerly of ATP Real Estate LLC as recorded in deed document 2016-14354, Cape Girardeau County records with the westerly line of Christine (50'w.) Street; THENCE along said westerly line, South 07 degrees 15 minutes 42 seconds West, a distance of 25.16 feet to the TRUE POINT OF BEGINNING of this description; THENCE describing the easement the following courses and distances: South 07 degrees 15 minutes 42 seconds West, a distance of 15.00 feet, North 82 degrees 41 minutes 06 seconds West, a distance of 151.73 feet, North 79 degrees 34 minutes 39 seconds West, a distance of 22.01 feet, South 10 degrees 25 minutes 21 seconds West, a distance of 26.21 feet, North 79 degrees 34 minutes 39 seconds West, a distance of 10.00 feet, North 10 degrees 25 minutes 21 seconds East, a distance of 26.21 feet, North 79 degrees 34 minutes 39 seconds West, a distance of 106.64 feet, North 21 degrees 26 minutes 52 seconds West, a distance of 36.91 feet, South 82 degrees 44 minutes 18 seconds East, a distance of 158.93 feet, South 07 degrees 15 minutes 42 seconds West, a distance of 25.02 feet, and South 82 degrees 41 minutes 06 seconds East, a distance of 148.97 feet to the POINT OF BEGINNING. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2020. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk PERMANENT DRAINAGE EASEMENT Good Hope Drainage Project 335 Christine Street Cape Girardeau, MO 63703 KNOW ALL MEN BY THESE PRESENTS: RAMONA L. BRINKOPF, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter called the City, the right, privilege, permission and authority to enter on and upon the following described property, which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit: A tract of land being part of Outlot 87, U.S. Survey 2199, City of Cape Girardeau, Cape Girardeau County, Missouri and more particularly described as follows: COMMENCING at the intersection of the southerly line of land now or formerly of ATP Real Estate LLC as recorded in deed document 2016-14354, Cape Girardeau County records with the westerly line of Christine (50'w.) Street; THENCE along said westerly line, South 07 degrees 15 minutes 42 seconds West, a distance of 25.16 feet to the TRUE POINT OF BEGINNING of this description; THENCE describing the easement the following courses and distances: South 07 degrees 15 minutes 42 seconds West, a distance of 15.00 feet, North 82 degrees 41 minutes 06 seconds West, a distance of 151.73 feet, North 79 degrees 34 fninutes 39 seconds West, a distance of 22.01 feet, South 10 degrees 25 minutes 21 seconds West, a distance of 26.21 feet, North 79 degrees 34 minutes 39 seconds West, a distance of 10.00 feet, North 10 degrees 25 minutes 21 seconds East, a distance of 26.21 feet, North 79 degrees 34 minutes 39 seconds West, a distance of 106.64 feet, North 21 degrees 26 minutes 52 seconds West, a distance of 36.91 feet, South 82 degrees 44 minutes 18 seconds East, a distance of 158.93 feet, South 07 degrees 15 minutes 42 seconds West, a distance of 25.02 feet, and South 82 degrees 41 minutes 06 seconds East, a distance of 148.97 feet to the POINT OF BEGINNING. Michael Schuknecht, LS 2303 Horner & Shifrin, Inc. Corp. LS -148 Said right, privilege, permission and authority to enter in 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 certain drainage, improvements and the related components from time to time, in, on, upon, or across said described property, and maintain with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith. This easement and the right, privilege, permission, and authority herein granted are perpetual and shall run with the land. Incorporated into this Easement is the Agreement for the Granting of Easements entered into between City and Brinkopf dated 16th day of July, 2020. The undersigned covenant that they are the owners in fee simple of the above-described property and have the legal right to convey same. IN WITNESS WHEREOF, the undersigned has executed this easement this day 20QCZ. Ramona L. Brinkopf STATE OF L'Chl I r t ) ss. COUNTY OF �0" BE IT REMEMBERED, that on this day of 20�� before me, personally appeared Ramona L. Brinkopf, to me k1hQwn 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. ,l, II, 4. PU69 , ? NOTARY lam' PHYLLIS L. PICKARD MY Commission Expires SEAL` :- 9 • ... • -L& M�SJ April 9, 2024 Cape Girardeau CountyOF Commission #124141 4 My Commission Expires: LA C_�14 Qai Notary P h GOOD HOPE STREET STORM WATER 335 CHRISTINE STREET N21' 26 PART OF OUTLOT 87 U.S. SURVEY 2199 36.91 PERMANENT DRAINAGE EASEMENT (P. D. E.) • t� EX 15' SEWER EASEMENT OB 448, PG 281 i J 1 ~_'tri 11 s IP OF MI.S�!�Y U �.'M '11A ;L Apf SCALE: 1 " = 60' 0 30 60 200 S KINGSHIGHWAY N/F ATP REAL ESTATE LLC DEED DOC 2016-14354 N82'41'' N79'34'39"W 22.01' 06 W \-S10125'21"W 26.21' N79'34'39"W 10.00' 335 CHRISTINE ST N/F BRINKOPF, WILLIAM H & RAMONA L BRINKOPF FAMILY TRUST BRINKOPF RAMONA L DEED DOC 2005-15690 1. v,Wi,Lao- ViR r\ L PI S-2303 O r l=—xi4M*3I1'1' Awv DNEY 400 ARPEN 16 CHRISTINE ST N/F :N R &JOYCE A TRUST DOC 2004-14314 LEGEND (R) -RECORDED (C) -CALCULATED .51 266.51'(P SOUTHWESTERN OU H 10' BELL WESTERN EMENT DB 439 A PG a76 G ss INITIAL: PERMANENT DRAINAGE EASEMENT PART OF OUTLOT 87 OF U.S. SURVEY 2199 CITY OF CAPE GIRARDEAU, 1/209n CAPE GIRARDEAU COUNTY, MISSOURI Page 1 Lo N82 44 18""-- 8-W(C) 26r - 1,83' '-- DNEY 400 ARPEN 16 CHRISTINE ST N/F :N R &JOYCE A TRUST DOC 2004-14314 LEGEND (R) -RECORDED (C) -CALCULATED .51 266.51'(P SOUTHWESTERN OU H 10' BELL WESTERN EMENT DB 439 A PG a76 G ss INITIAL: PERMANENT DRAINAGE EASEMENT PART OF OUTLOT 87 OF U.S. SURVEY 2199 CITY OF CAPE GIRARDEAU, 1/209n CAPE GIRARDEAU COUNTY, MISSOURI Page 1 Staff: Kelly Green P.E., City Engineer Agenda: 9/8/2020 SUBJECT An Ordinance amending Schedule G of Section 26-249 and Schedule P of Section 26-248 of the City Code, by establishing limited parking on South Spanish Street, in the City of Cape Girardeau, Missouri. BACKGROUND/DISCUSSION Due to COVID-19, Old Town Cape now occupies a section of South Spanish Street on Saturday mornings to accommodate the Cape Riverfront Market, as permitted with their special event permit. Currently, Old Town Cape staff must hang No Parking signs 48 hours prior to the event each week. At times, weather deteriorates the signs and staff must then re -hang these signs on multiple occasions. Old Town Cape staff met with the Police Department and the Public Works Department to find a solution. Establishing this ordinance will allow Public Works to hang permanent signage and will allow the Police Department to enforce the parking regulations. Upon review, staff proposes to establish No Parking on Saturdays from 5 AM to 12 PM, May through October, along both sides of South Spanish Street from Independence to Merriwether Street. FINANCIAL EVIPACT The Special Business District has offered to pay for the signage. Public Works crews will install the signs on South Spanish Street. STAFF RECONEMENDATION Staff recommends the City Council amend Schedule G and Schedule P of the Traffic Ordinance as stated in the summary attachment as it relates to South Spanish Street. ATTACHMENTS: Name: Description: © Schedule G P narking along Spanish Street.doc Ordinance ® South Spanish Street - Ord lnfo.pdf Ord Info © South Spanish Street - Maw Location Map BILL NO. 20-130 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE G OF SECTION 26-249 AND SCHEDULE P OF SECTION 26-248 OF THE CITY CODE, BY ESTABLISHING LIMITED PARKING ON SOUTH SPANISH 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. That portion of Schedule G of Section 26-249 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Two-hour parking zones; obedience to signs required; placement of signs", reading as follows: Spanish Street - from Broadway to William. is hereby repealed in its entirety and a new portion of Schedule G of Section 26-249 entitled "Two hour parking zones; obedience to signs required; placement of signs", is hereby enacted in lieu thereof, in words and figures, to read as follows, to wit: South Spanish Street - Both sides, starting at Broadway Street to Independence Street, and Merriwether Street to William Street. South Spanish Street - Both sides, starting at Independence Street to Merriwether Street, all times except on Saturdays from 5AM to 12PM, May through October. ARTICLE 2. Schedule P of Section 26-248 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Limited Parking (certain hours)", is hereby amended by establishing limited parking at the following location: South Spanish Street - Both sides, from Independence Street to Merriwether Street, no parking on Saturdays from 5AM to 12PM, May through October. 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 , 2020. Bob Fox, Mayor Bruce Taylor, Deputy City Clerk South Spanish Street Ordinance Information Schedule G — Two -Hour Parking REPEAL (Ordinance No. CHA-10) Spanish, from Broadway to William NEW South Spanish Street — Both sides, starting at Broadway Street to Independence Street, and Merriwether Street to William Street. South Spanish Street — Both sides, starting at Independence Street to Merriwether Street, all times except on Saturdays from 5 AM to 12 PM, May through October. Schedule P — Limited Parking (certain hours) NEW South Spanish Street — both sides, from Independence Street to Merriwether Street, No Parking on Saturdays from 5 AM to 12 PM, May through October. i j I y of Cape Girardeau Traffic Schedule P Proposed No Parking, both sides, on Saturdays from 5 AM to 12 P. May through October South Spanish Street i �i• CU co --MerriwetherSt,______ -- j I i j it i I j j it 1 ' Proposed Limited Parking j CO h C/? f0 I COc I i' Z I � � �2 i• Ii, fa i –--inde a —independence p ndence_St--------� -- – - – --- --- �--- il i ------- _,� j' j c I I I 65 i �i• CU co --MerriwetherSt,______ -- j I i j it i I j j it 1 ' Proposed Limited Parking j Staff: Kelly Green P.E., City Engineer Agenda: 9/8/2020 SUBJECT An Ordinance to establish limited parking on both sides of Janet Drive in the City of Cape Girardeau, Missouri by amending Traffic Schedule P of the City Code. BACKGROUND/DISCUSSION Staff recently met with Alma Schrader Elementary school administrators regarding a newly developed school dismissal system. Implementation of the system required traffic patterns at the school to be altered. In order to maintain safety for motorists and pedestrians, staff proposed to establish No Parking along both sides of Janet Drive from Fairlane Drive to Westwood Drive from 7:30 AM to 4:00 PM Monday through Friday, excluding holidays. City and school staff spoke with residents along the corridor and met no opposition. FINANCIAL UAFACT Establishing the limited parking signs will require no direct funding. Public Works crews will install the signs. STAFF RECOMMENDATION Staff recommends the City Council amend Schedule P of the Traffic Ordinance as stated in the summary attachment as it relates to Janet Drive. ATTACHMENTS: Name: Description: D Sch P hmited parkina Janet Drive.doc Ordinance D Janet Drive - Ord Info.pdf Ord Info D Janet Drive - MU pdf Location Map BILL NO. 20-131 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE P OF SECTION 26-248 OF THE CITY CODE, BY ESTABLISHING LIMITED PARKING ON JANET DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Schedule P of Section 26-248 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Limited Parking", is hereby amended by adding limited parking at the following location: Janet Drive - Both sides, from Fairlane Drive to Westwood Drive, no parking from 7:30AM to 4:OOPM Monday through Friday, excluding holidays. 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 , 2020. Bob Fox, Mayor Bruce Taylor, Deputy City Clerk Janet Drive Ordinance Information Schedule P — Limited Parking (certain hours) [►1 ��JI Janet Drive — both sides, from Fairlane Drive to Westwood Drive, No Parking from 7:30 AM to 4:00 PM Monday through Friday, excluding holidays. I J City of Cape Girardeau o Traffic Schedule P Proposed No Parking, both sides, 7:30 AM to 4:00 PM Monday through Friday, excluding holidays Janet Drive —overs Ur — � I Masters Dr -- - - ------ --- I -- ------------- - ' -- —Leroy Dr -- — ___CID I i I CIO I I I I II II II I L U I I "-- --"-- 'DC," ia j Allendale pr — --- Ira j a)ICU OL N ILL U I 1 Z Proposed Limited Parking \ Staff: Kelly Green P.E., City Engineer Agenda: 9/8/2020 SUBJECT An Ordinance granting a Permanent Utility Easement from the City of Cape Girardeau to Union Electric Company d/b/a Ameren Missouri on 3280 Perryville Road in the City of Cape Girardeau, Missouri. First Reading. BACKGROUND/DISCUSSION Union Electric Company d/b/a Ameren Missouri is updating their lines and will be running new 34Kv lines within this easement. FINANCIAL IMPACT Union Electric Company d/b/a Ameren Missouri will pay the City of Cape Girardeau $5,000.00 for the Permanent Utility Easement. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL EVIPACTS The easement is necessary to grant the right to excavate, build, construct, operate, maintain, and repair utilities and their related components in the easement areas. STAFF RECOMMENDATION Staff recommends approval of the attached Ordinance granting a Permanent Utility Easement on 3280 Perryville Road to Union Electric Company d/b/a Ameren Missouri. ATTACHMENTS: Name: Description: D Perm Utility_ Easement 3280 PenyvilleeRoad Ameren.doc Ordinance D 3280_Penyville PUE City_to Ameren.doc PUE D 3280 Perryville Rd.pdf Exhibit for 3280 Per"lle BILL NO. 20-132 ORDINANCE NO. AN ORDINANCE GRANTING A PERMANENT UTILITY EASEMENT TO AMEREN MISSOURI, FOR PROPERTY LOCATED AT 3280 PERRYVILLE ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby grants a Permanent Utility Easement to Union Electric Company d/b/a Ameren Missouri, for property located at 3280 Perryville Road, described as follows: Part of the tract of land described in Deed Book 1332 on Page 582 to The City of Cape Girardeau in the Cape Girardeau County Recorder's Office, also being part of the South Half of Section 13, Township 31 North, Range 13 East, of the 5th Principal Meridian, Cape Girardeau County, Missouri, more particularly described as follows: Commencing at the northwest corner of said City of Cape Girardeau tract; thence North 82 degrees 51 minutes 09 seconds East along the northerly line of said tract, 15.12 feet to the Point of Beginning. From said Point of Beginning; thence continuing North 82 degrees 51 minutes 09 seconds East along said northerly line, 20.16 feet; thence South 00 degrees 01 minutes 56 seconds East, 171.72 feet; thence southwesterly along a curve to the right where said curve bears South 06 degrees 02 minutes 50 seconds West a distance of 285.15 feet with a radius of 1,790.54 feet and an arc length of 285.45 feet; thence South 10 degrees 36 minutes 51 seconds West, 31.62 feet; thence South 89 degrees 09 minutes 27 seconds East, 10.15 feet; thence South 10 degrees 36 minutes 51 seconds West, 20.29 feet; thence North 89 degrees 09 minutes 27 seconds West, 10.15 feet; thence South 10 degrees 36 minutes 51 seconds West, 70.10 feet; thence southeasterly on a curve to the left on a curve that bears South 01 degrees 06 minutes 59 seconds East, 221.70 feet with a radius of 499.00 feet and arc length of 223.56 feet to the south line of said City of Cape Girardeau tract; thence North 89 degrees 09 minutes 27 seconds West along said southerly line, 20.66 feet; thence northwesterly along a curve to the right that bears North 00 degrees 50 minutes 09 seconds West, 225.25 feet with a radius of 519.00 feet and an arc length of 227.05 feet; thence North 10 degrees 36 minutes 51 seconds East, 121.83 feet; thence northeasterly along a curve to the left on a curve that bears North 06 degrees 03 minutes 05 seconds East, 281.70 feet with a radius of 1,770.54 feet and an arc length of 282.00 feet; thence North 00 degrees 01 minutes 56 seconds West, 168.96 feet to the Point of Beginning. Said tract contains 16,228 square feet or 0.3725 acres, more or less. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2020. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk PERMANENT UTILITY EASEMENT 3280 Perryville Road Cape Girardeau, MO 63703 KNOW ALL MEN BY THESE PRESENTS: The City Of Cape Girardeau, Missouri, a Municipal Corporation, 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 Union Electric Company d/b/a Ameren Missouri hereinafter referred to as "Ameren", the right, privilege, permission and authority to enter on and upon the following described property which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit: Part of the tract of land described in Deed Book 1332 on Page 582 to The City of Cape Girardeau in the Cape Girardeau County Recorder's Office, also being part of the South Half of Section 13, Township 31 North, Range 13 East, of the 5th Principal Meridian, Cape Girardeau County, Missouri, more particularly described as follows: Commencing at the northwest corner of said City of Cape Girardeau tract; thence North 82 degrees 51 minutes 09 seconds East along the northerly line of said tract, 15.12 feet to the Point of Beginning. From said Point of Beginning; thence continuing North 82 degrees 51 minutes 09 seconds East along said northerly line, 20.16 feet; thence South 00 degrees 01 minutes 56 seconds East, 171.72 feet; thence southwesterly along a curve to the right where said curve bears South 06 degrees 02 minutes 50 seconds West a distance of 285.15 feet with a radius of 1,790.54 feet and an arc length of 285.45 feet; thence South 10 degrees 36 minutes 51 seconds West, 31.62 feet; thence South 89 degrees 09 minutes 27 seconds East, 10.15 feet; thence South 10 degrees 36 minutes 51 seconds West, 20.29 feet; thence North 89 degrees 09 minutes 27 seconds West, 10.15 feet; thence South 10 degrees 36 minutes 51 seconds West, 70.10 feet; thence southeasterly on a curve to the left on a curve that bears South 01 degrees 06 minutes 59 seconds East, 221.70 feet with a radius of 499.00 feet and arc length of 223.56 feet to the south line of said City of Cape Girardeau tract; thence North 89 degrees 09 minutes 27 seconds West along said southerly line, 20.66 feet; thence northwesterly along a curve to the right that bears North 00 degrees 50 minutes 09 seconds West, 225.25 feet with a radius of 519.00 feet and an arc length of 227.05 feet; thence North 10 degrees 36 minutes 51 seconds East, 121.83 feet; thence northeasterly along a curve to the left on a curve that bears North 06 degrees 03 minutes 05 seconds East, 281.70 feet with a radius of 1,770.54 feet and an arc length of 282.00 feet; thence North 00 degrees 01 minutes 56 seconds West, 168.96 feet to the Point of Beginning. Said tract contains 16,228 square feet or 0.3725 acres, more or less. Said right, privilege, permission and authority to enter in and upon said property above described is granted for the purpose of enabling Ameren, its agents, servants and assigns, to build, maintain, construct, operate, and repair electric lines from time to time, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith. This easement and the right, privilege, permission and authority herein granted is perpetual and shall run with the land. The undersigned covenant that they are the owner in fee simple of the above described property and have the legal right to convey same. IN WITNESS WHEREOF, the undersigned has executed this easement this day of , 2020. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 2020, before me personally appeared Bob Fox, to me personally know, 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 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 the day and year first above written. Notary Public My Commission Expires: POB N820 51'09"E 15.12' \ POC Ln u. O N (0 0 F - z CHORD LENGTH - 281.70' z O CHORD BEARING - N06° 03'05"E RADIUS - 1,770.54- L ARC LENGTH - 282.00' Li z w U CHORD LENGTH- 225.25' CHORD BEARING- N00° 50'09"W RADIUS- 519.00' ARC LENGTH- 227.05' EXHIBIT A A PARCEL OF LAND BEING PART OF THE SOUTH HALF OF SECTION 13, AND PART OF U.S. PRIVATE SUVEVEY NO. 2198, ALL IN TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, N82° 51'09"E CAPE GIRARDEAU COUNTY, ,20.16' MISSOURI w 0- U-) C'j 0- U-)N O 0- 0 -O V) PROPOSED - 20' WIDE EASEMENT CHORD LENGTH - 285.15' CHORD BEARING - S06° 02'50''W RADIUS - 1,790.54' ARC LENGTH - 285.45' joS10° 36'51"W 31.62' S890 09'27"E 10.15' S10° 36'51''W N89° 09'27'W 20.29' 10.15' S100 36'51"W 70.10' } CHORD LENGTH - 221.70' �C-lf CHORD BEARING - S01° 06'59''E a RADIUS - 499.00' o ARC LENGTH - 223.56' N89° 09'27' 15.46' giv- 'Ameren MISSOURI CITY OF CAPE GIRARDEAU DB 1332 PG 582 3280 PERRYVILLE RD PROPOSED EASEMENT AREA = 16,228 SQ FT OR 0.3725 AC •/- N89° 09'27"W LEGEND 20.66' PROPERTY LINE P ROADWAY CENTERLINE -------- PROPOSED EASEMENT 0 60 120 240 SCALE 1"=120' FEET RT/L/TRA Staff: Molly Mehner, AICP, ICMA-CM, Agenda: Deputy City Manager 9/8/2020 SUBJECT An Ordinance Approving a Redevelopment Agreement in Connection with the 811 Broadway Tax Increment Financing Redevelopment Plan. EXECUTIVE SUMMARY On July 19, 2020 the City issued a solicitation for redevelopment proposals for the property located at 811 Broadway. Proposals were accepted until August 19, 2020. The City received one (1) proposal from Restoreme, LLC. The TIF Commission met June 24, 2020 and again July 15, 2020 to review the proposal. After a Public Hearing August 19, 2020, the TIF Commission passed a Resolution recommending approval of the Plan to the City Council. The proposed redevelopment plan envisions redeveloping the property to accommodate six luxury apartments and two ground -level retail spaces. One of the retail spaces will be occupied by a coffee shop that stays open late owned by Speakeasy Coffee Co. BACKGROUND/DISCUSSION The City is in receipt of a project proposal from Restoreme, LLC created by Suzanne Hightower. The proposal requests tax increment financing assistance to reimburse the Developer a portion of the project costs. TIF funding available under this Redevelopment Plan that may go toward redevelopment project costs will not exceed $475,689 plus interest. The developer submitted an affidavit with the proposal stating "but for" tax increment financing assistance, it is unlikely the properties would redevelop. The developer is also seeking historic tax credits. FINANCIAL IMPACT This redevelopment project will result in increased property and sales tax that otherwise would not be generated. In addition, this redevelopment project will prevent the area from deteriorating further. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Providing TIF assistance to this project allows for the stabilization and renovation of a deteriorated downtown building. The redevelopment of this building will increase the assessed valuation, prevent conditions from deteriorating further, and will enhance the economic viability of the downtown area. STAFF RECOMMENDATION Staff recommends the City Council Approve an Ordinance Approving a Redevelopment Agreement in Connection with the 811 Broadway Tax Increment Financing Redevelopment Plan. BOARD OR COMMISSION RECOMMENDATION At its meeting on August 19, 2020, the Tax Increment Financing Commission of the City of Cape Girardeau, Missouri, passed a resolution recommending approval of the redevelopment plan for the 811 Broadway Tax Increment Financing Redevelopment Plan; the designation of the redevelopment area described therein; approval of the redevelopment project described therein, and expressing other recommendations to the City Council of Cape Girardeau, Missouri. PUBLIC OUTREACH A public solicitation was performed on July 19, 2020. The solicitation was open until August 19, 2020 at noon. A Public Hearing was held before the TIF Commission on August 19, 2020 at 4:00 PM to decide upon the proposal received. ATTACHMENTS: Name: Description: © Ordinance annroving_Redevelopment Agreement 811 Broadway.docx Ordinance D v.btl Redevelopment_Agreement.pdf Rede\,elopment Agreement © TIF Application 811 Bway new proforma.pdf IT Application BILL NO. 20-133 [ 71 `M. "[4 0i►[$I AN ORDINANCE APPROVING A REDEVELOPMENT AGREEMENT IN CONNECTION WITH THE 811 BROADWAY TAX INCREMENT FINANCING REDEVELOPMENT PLAN. WHEREAS, the City Council has approved the "811 Broadway" Tax Increment Financing Redevelopment Plan" and the "Redevelopment Project" described therein; and WHEREAS, the City desires to enter into a redevelopment agreement with Restoreme, LLC, (the "Developer") with respect to the availability of tax increment financing assistance in connection with the Redevelopment Project; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Section 1. The City Council hereby finds and determines that it is necessary and desirable to enter into a redevelopment agreement with the Developer in substantially the form attached hereto in connection with the Redevelopment Project (the "Redevelopment Agreement'). The City Manager is hereby authorized and directed to execute the Redevelopment Agreement on behalf of the City. The City Clerk is hereby authorized and directed to attest to the Redevelopment Agreement and to affix the seal of the City thereto. The Redevelopment Agreement shall be in substantially the form attached to this Ordinance, which Redevelopment Agreement is hereby approved by the City Council with such changes therein as shall be approved by the officers of the City executing the same. Section 2. The officers, agents and employees of the City are hereby authorized and directed to execute all documents and take such steps as they deem necessary and advisable in order to carry out and perform the purpose of this Ordinance and the Redevelopment Agreement. Section 3. The sections of this Ordinance shall be severable. If any section of this Ordinance is found by a court of competent jurisdiction to be invalid, the remaining sections shall remain valid, unless the court finds that: (a) the valid sections are so essential to and inseparably connected with and dependent upon the void section that it cannot be presumed that the City Council has or would have enacted the valid sections without the void ones; and (b) the valid sections, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent. Section 4. This Ordinance shall take effect and be in full force 10 days after its passage by the City Council. PASSED AND APPROVED by the City Council of the City of Cape Girardeau, Missouri, this day of , 2020. Bob Fox, Mayor (Seal) ATTEST: Bruce Taylor, Deputy City Clerk REDEVELOPMENT AGREEMENT This REDEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of 2020 (the "Effective Date") by and between the CITY OF CAPE GIRARDEAU, MISSOURI, a home -rule city organized and existing under the laws of the State of Missouri (the "City"), and RESTOREME LLC, a limited liability company organized and existing under the laws of the State of Missouri (the "Developer"). RECITALS: 1. The Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 to 99.865 of the Revised Statutes of Missouri (the "Act") authorizes municipalities to undertake redevelopment projects in blighted, conservation or economic development areas, as defined in the Act. 2. Pursuant to Ordinance No. , adopted on September 21, 2020, the City Council approved the "811 Broadway Tax Increment Financing Redevelopment Plan" (the "Redevelopment Plan"), designated the redevelopment area described in the Redevelopment Plan (as further described in Exhibit A attached hereto, the "Redevelopment Area") as a "redevelopment area" pursuant to the Act, and approved the redevelopment project described in the Redevelopment Plan (the "Redevelopment Proj ect"). 3. The Redevelopment Project generally consists of renovating the interior and exterior of 811 Broadway to accommodate commercial lease spaces (initially, a coffee shop) and two luxury apartments on the first floor and four additional luxury apartments on the second floor. 4. The Developer has requested tax increment financing assistance to reimburse the Developer for a portion of the costs of completing the Redevelopment Project. 5. Pursuant to Ordinance No. , adopted on September 21, 2020, the City Council has authorized the City to enter into this Agreement to provide the terms and conditions upon which the Developer will construct the Redevelopment Project and be reimbursed for certain costs, as contemplated by the Act and the Redevelopment Plan. AGREEMENT NOW, THEREFORE, in consideration of the premises and mutual promises contained herein and other good and valuable consideration, the adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Section 1. Development. (a) The Developer hereby agrees to complete the Redevelopment Project at its own expense no later than December 31, 2021. Completion of the Redevelopment Project shall be deemed to have occurred when the City issues occupancy permits pursuant to its municipal code for the buildings at 811 Broadway. Within 180 days after receipt of the last occupancy permit, the Developer may submit a Certificate of Reimbursable Project Costs in substantially the form attached hereto as Exhibit B evidencing the costs of the Redevelopment Project for which the Developer requests reimbursement pursuant to Section 4 below. (b) The City shall review the Certificate of Reimbursable Project Costs and provide written objections, if any, to the Developer within 30 days from receipt thereof. If any objections are provided, the Developer shall cure such objections and resubmit the Certificate of Reimbursable Project Costs. If no objections are provided within 30 days of receipt, the Developer shall advise the City in writing that the Developer has submitted a Certificate of Reimbursable Redevelopment Project Costs and that the City has not yet approved or objected to the certificate. The City shall have an additional 15 days following receipt of the Developer's written notice to provide its approval of or objections to the Certificate. The Certificate of Reimbursable Project Costs shall be deemed approved by the City on the 16th day following receipt of the Developer's written notice, unless affirmatively objected to or approved by the City prior to such date. Section 2. Submission and Approval of Construction Plans; Construction Standards. (a) The Developer shall submit construction plans for the Redevelopment Project to the City as follows: (i) The Developer will submit construction plans for the Redevelopment Project and the City will review such plans for compliance with all applicable laws, statutes and ordinances, rules and regulations, including but not limited to, the safety and zoning regulations of the City. The Developer will not begin the Redevelopment Project until it has received all requisite approvals from the City and other applicable agencies as required by federal, state, and local law, in accordance with a construction schedule agreed upon by the City and the Developer. (ii) The Developer may make changes to the construction plans in accordance with federal, state and local law. (b) The Developer will complete the Redevelopment Project according to all applicable federal, state and local ordinances, laws, regulations and codes. The City may inspect the Redevelopment Project in accordance with the applicable federal, state and local ordinances, laws, regulations and codes to ensure proper completion thereof. Section 3. Release and Indemnification. (a) Notwithstanding anything herein to the contrary, the City and its governing body, officials, agents, employees and independent contractors shall not be liable to the Developer for damages of any kind or nature whatsoever if any ordinance adopted by the City or transaction completed by the City in connection with this Agreement is declared invalid or unconstitutional in whole or in part by the final (as to which all rights of appeal have expired or have been exhausted) judgment of any court of competent jurisdiction, and by reason thereof either the City is prevented from performing any of the -2- covenants and agreements herein or the Developer is prevented from enjoying the rights and privileges hereof. (b) The Developer releases from and covenants and agrees that the City and its governing body, officials, agents, employees and independent contractors shall not be liable for, and agrees to indemnify and hold harmless the governing body, officials, agents, employees and independent contractors thereof against, any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the construction of the Redevelopment Project, except as such may be caused by the willful misconduct or negligence of the City or its governing body, officials, agents, employees or independent contractors. (c) The Developer agrees to indemnify, defend and hold harmless the City and its governing body, officials, agents, employees and independent contractors from and against any and all suits, claims and attorneys' fees resulting from, arising out of, or in any way connected with (i) the construction of the Redevelopment Project or (ii) the negligence or willful misconduct of the Developer or its officers, managers, agents, employees or independent contractors in connection with the management, development, redevelopment and construction of the Redevelopment Project, except as such may be caused by the willful misconduct or negligence of the City or its governing body, officials, agents, employees or independent contractors. (d) The Developer agrees to indemnify, defend and hold harmless the City and its governing body, officials, agents, employees and independent contractors from and against any and all claims, demands, costs, liabilities, damages or expenses, including reasonable attorneys' and consultants' fees, investigation and laboratory fees, court costs and litigation expenses, arising from: (i) any now -existing or hereafter -arising violation, actual or alleged, or any other liability, under or in connection with any environmental laws relating to any products or materials previously, now or hereafter located upon, delivered to or in transit to or from the Redevelopment Project in connection with the construction of the Redevelopment Project, regardless of whether such violation or alleged violation or other liability is asserted or has occurred or arisen before the date hereof or hereafter is asserted or occurs or arises and regardless of whether such violation or alleged violation or other liability occurs or arises as the result of any act, omission, negligence or misconduct of the City or any third party or otherwise; or (ii) any breach, falsity or failure of any of the representations, warranties, covenants and agreements of the like. (e) The City and its governing body, officials, agents, employees and independent contractors shall not be liable for any damage or injury to the persons or property of the Developer or its officers, managers, agents, employees or independent contractors or any other person who may be about the Redevelopment Area or the Redevelopment Project due to any act of negligence of any person, except as such may be caused by the willful misconduct or negligence of the City or its governing body, officials, agents, employees or independent contractors. (f) No member of the governing body, officials, agents, employees or independent contractors of the City shall be personally liable to the Developer in the event of a default or breach by any party under this Agreement. (g) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of its governing body, officials, agents, employees or independent contractors in their individual capacities. MIE Section 4. Installment Payments by the City. (a) For purposes of Sections 4 and 5 of this Agreement, the following terms shall have the following meanings: "Available TIF Revenues" means all Payments in Lieu of Taxes and Economic Activity Taxes (as defined in the Act) deposited in the Special Allocation Fund. Notwithstanding the foregoing, Available TIF Revenues will not include (i) incremental utility tax revenues (if any) unless the Developer provides the City with copies of utility bills from businesses located in the Redevelopment Area prior to the end of the applicable Calculation Period, (ii) any Economic Activity Taxes that the City Council determines, in its sole discretion, are attributable to businesses that relocate into the Redevelopment Area from elsewhere in the City, and (iii) any revenues that are subject to a pending challenge or protest. "Calculation Period" means initially, the period from October 1, 2020 to the last day of the second month preceding the first Payment Date (e.g., if the first Payment Date is January 1, 2022, the initial Calculation Period runs through November 30, 2021); and thereafter, each period from the end of the previous Calculation Period to the last day of the second month preceding the next Payment Date, except that the Calculation Period for the Sept 30, 2043 Payment Date will be from the end of the penultimate Calculation Period to August 31, 2043. "Payment Date" means every January 1, April 1, July 1 and October 1 following the City's approval or deemed approval of a Certificate of Reimbursable Costs pursuant to Section 1 and also September 30, 2043 (i.e., the last business day before the 23rd anniversary of the approval of the ordinance approving the Redevelopment Project). "Reimbursable Redevelopment Project Costs" means the costs of the Redevelopment Project identified on the Certificate of Reimbursable Project Costs approved by the City in accordance with this Section in the maximum amount of $475,689. "Special Allocation Fund" means the fund created by Ordinance No. , pursuant to which certain Payments in Lieu of Taxes and Economic Activity Taxes are deposited by operation of the Act. (b) On each Payment Date, the City shall apply the Available TIF Revenues during the preceding Calculation Period as follows: (i) The sum of $500 shall be retained by the City as an administrative fee; and (ii) The remaining Available TIF Revenues shall be paid to the Developer or its designee for the reimbursement of the Reimbursable Redevelopment Project Costs. (c) On each Payment Date, the City shall provide the Developer with a written accounting showing the amount of Available TIF Revenues collected during the Calculation Period, the application of the Available TIF Revenues pursuant to this Section and the outstanding balance of the Reimbursable Redevelopment Project Costs (including accrued but unpaid interest) not yet reimbursed. (d) Notwithstanding anything to the contrary contained herein, in lieu of the payments described in (b), the City may issue bonds, notes or other obligations secured by Available TIF Revenues and use the sale proceeds of the bonds, notes or other obligations to pay the Reimbursable Redevelopment Project Costs due to the Developer. The Developer shall cooperate in good faith if the City decides to pursue any such issuance of bonds, notes or other obligations. (e) The Developer shall cause all businesses generating taxable retail sales located in the Redevelopment Area to provide a consent to the release of confidential sales tax information to the City, in substantially the form of Exhibit C hereto, for the limited purpose of preparing and approving budgets, appropriation requests and other actions contemplated by this Agreement. The Developer shall also require each "seller" (as that term is defined in Section 144.010(10) of the Revised Statutes of Missouri) located in the Redevelopment Area to supply or cause to be promptly supplied to the City's Finance Director, its monthly or quarterly sales tax information in a form substantially similar to the sales tax returns filed by such seller with the Missouri Department of Revenue. Section 5. Annual Appropriation of Economic Activity Taxes. (a) The City's obligation to pay Economic Activity Taxes pursuant to this Section is limited to those funds budgeted and appropriated for that purpose during the City's then -current fiscal year. The City agrees to cause the officials and employees in charge of drafting a budget to include the appropriations contemplated by this Agreement in the annual budgets presented to the City Council for its consideration. (b) The obligation of the City to pay Economic Activity Taxes hereunder constitutes a current expense of the City, is from year-to-year, and does not constitute a mandatory payment obligation of the City in any fiscal year beyond the then -current fiscal year of the City. The City's obligation to pay Economic Activity Taxes hereunder shall not in any way be construed to be a debt of the City in contravention of any applicable constitutional, charter or statutory limitation or requirement concerning the creation of indebtedness by the City, nor shall anything contained herein constitute a pledge of the general credit, tax revenues, funds or moneys of the City. Section 6. Representations, Warranties and Covenants. (a) By the City. The City represents, warrants, covenants and agrees as the basis for the undertakings on its part herein contained that: (i) The City is a home -rule city organized and existing under the laws of the State of Missouri and its charter, and by proper action has been duly authorized to execute, deliver and perform this Agreement. (ii) To the best of the City's knowledge, there are no lawsuits either pending or threatened that would affect the ability of the City to perform this Agreement. (b) By the Developer. The Developer represents, warrants, covenants and agrees as the basis for the undertakings on its part herein contained that: (i) The Developer is a limited liability company duly organized and existing under the laws of the State of Missouri and has power to enter into, and by proper action has been duly authorized to execute, deliver and perform, this Agreement. I.IE (ii) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement, conflicts with or results in a breach of any of the terms, conditions or provisions of any restriction, agreement or instrument to which the Developer is now a party or by which the Developer is bound. (iii) There are no lawsuits either pending or threatened that would affect the ability of the Developer to proceed with the completion or operation of the Redevelopment Project. (iv) The Developer agrees to maintain commercial general liability insurance for the Redevelopment Project in a policy amount of not less than the then -current absolute statutory waivers of sovereign immunity in Sections 537.600 and 537.610 of the Revised Statutes of Missouri, as may be revised annually by the Missouri Department of Insurance. The Developer further agrees to name the City as an additional insured with respect to such insurance policy and to annually provide evidence of such insurance policy to the City. (v) The Developer agrees to annually provide evidence of contractual liability insurance (in form and substance reasonably acceptable to the City's legal counsel) that insures the Developer's obligations to indemnify the City, as provided in this Agreement. Section 7. Termination. This Agreement shall terminate upon the earliest of any of the following: (a) written notice is provided by the aggrieved party to the defaulting party to terminate this Agreement pursuant to Section 8(b); (b) the satisfaction of all payments due under Section 4(b); or (c) September 30, 2043. Section 8. Default and Remedies. (a) Events of Default. The following shall be events of default (each, an "Event of Default") with respect to this Agreement: (i) If any material representation made by a party in this Agreement, or in any certificate, notice, demand or request made by a party, in writing and delivered to the other party pursuant to or in connection with this Agreement, proves to be untrue or incorrect in any material respect as of the date made; or (ii) Breach by a parry of any material covenant, warranty or obligation set forth in this Agreement. (b) Remedies on Default. In the case of an Event of Default by a party hereto or any successor to such party, such party or successor shall, upon written notice from the other party, take immediate action to cure or remedy such Event of Default within 60 days after receipt of such notice. If the Event of Default is not cured or remedied within such 60 day period (or, in the case of an Event of Default that cannot be cured within a 60 day period, the defaulting party does not make reasonable progress toward curing the default and/or does not notify the aggrieved party of when such default will be IFZ cured), then the aggrieved party may terminate this Agreement or institute such proceedings as may be necessary or desirable in its opinion to cure or remedy such default, including but not limited to, proceeding to compel specific performance by the party in default of its obligations. (c) Other Rights and Remedies of Parties; Delay in Performance Waiver. (i) Any delay by a party in instituting or prosecuting any actions or proceedings or otherwise asserting its rights under this Agreement shall not operate to act as a waiver of such rights or to deprive it of or limit such rights in any way (it being the intent of this provision that the parties should not be constrained so as to avoid the risk of being deprived of or limited in the exercise of the remedies provided in this Agreement because of concepts of waiver, laches or otherwise); nor shall any waiver in fact made by a party with respect to any specific Event of Default by a party under this Agreement be considered or treated as a waiver of the rights of a party under this Section or with respect to the particular Event of Default, except to the extent specifically waived in writing by the other party. (ii) The rights and remedies of the parties to this Agreement (or their successors in interest) whether provided by law or by this Agreement, shall be cumulative, and the exercise by any party of any one or more of such remedies shall not preclude the exercise by it, at the time or different times, of any other such remedies for the same Event of Default by another party. No waiver made by any party with respect to the performance, nor the manner of time thereof, or any obligation of another party or any condition to its own obligation under this Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of another party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect to regard to any other rights of the party making the waiver or any other obligations of another party. (iii) Neither the City nor the Developer, nor any successor in interest, as the case may be, shall be considered in breach of, or in default of, any of its obligations under this Agreement or otherwise with respect to the Redevelopment Project, or progress in respect thereto, in the event of delay in the performance of any such obligations due to unforeseeable causes beyond its control and without its fault or negligence, including but not restricted to, acts of God, acts of a public enemy, acts of federal, state or local government (other than the City), litigation instituted by third parties, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, embargoes, acts of nature, unusually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such delay, the time or times for performance of such obligations by the City or the Developer shall be extended for the period of the enforced delay; provided, that the party seeking the benefit of the provisions of this Section, shall within 30 days after the beginning of any such enforced delay, have first notified the other party thereof in writing, of the cause or causes thereof, and requested an extension of the period of delay. Section 9. Amendment or Modification. The parties to this Agreement may amend or modify this Agreement only by written instrument duly executed by the parties hereto. Section 10. Third Party Rights. No person or entity who or which is not a party to this Agreement will have any right of action under this Agreement. MR Section 11. Scope. This Agreement constitutes the entire Agreement between the parties, and no statements, promises or inducements that are not contained in this Agreement will be binding on the parties. Section 12. Severability. If any part, term or provision of this Agreement is held by a court of law to be illegal or otherwise unenforceable, such illegality or unenforceability will not affect the validity of any other part, term or provision, and the rights of the parties will be construed as if the part, term or provision was never part of this Agreement. Section 13. Transferability. This Agreement may not be assigned by the Developer without the express written approval of the City unless such assignment is to an entity succeeding to all or substantially all of the business of the Developer or to an entity controlled by the Developer or under common control with the Developer (in which case the Developer shall provide notice to the City of such assignment within ten days from the date of such assignment). Section 14. Notice. Any notice required or permitted by this Agreement will be deemed effective when personally delivered in writing or three days after notice is deposited with the U.S. Postal Service, postage prepaid, certified, return receipt requested, and addressed as follows: To the City: City of Cape Girardeau PO Box 617 Cape Girardeau, Missouri 63702-0617 Attn: City Manager With copies to: City of Cape Girardeau PO Box 617 Cape Girardeau, Missouri 63702-0617 Attn: City Attorney And: Gilmore & Bell, P.C. One Metropolitan Square 211 North Broadway, Suite 2000 St. Louis, Missouri 63102 Attn: Mark D. Grimm, Esq. To the Developer: Restoreme LLC 444 Fraser Rdg Jackson, Missouri 63755 Attn: Suzanne Hightower Section 15. Immunity. Nothing contained in this Agreement constitutes a waiver of the City's sovereign immunity under any applicable state law. Section 16. Jurisdiction and Venue. Personal jurisdiction and venue for any civil action commenced by either party to this Agreement shall be deemed to be proper only if such action is commenced in the Circuit Court of Cape Girardeau County, Missouri. The Developer expressly waives its rights to bring such action in or to remove such action to any other court whether state or federal. WE Section 17. Missouri Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Missouri. Section 18. Federal Work Authorization Program. Simultaneously with the execution of this Agreement, the Developer will provide the City with an affidavit and documentation meeting the requirements of Section 285.530 of the Revised Statutes of Missouri. Section 19. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument. Section 20. City Fees. Simultaneously with the execution of this Agreement, the Developer shall pay the City the sum of $500 for legal and other fees and expenses incurred in connection with the preparation, negotiation and approval of this Agreement and the Redevelopment Plan. [Remainder of Page Intentionally Left Blank] IRE IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and the City has caused its seal to be affixed hereto and attested as of the date first written above. (SEAL) By: Name Title: Gayle L. Conrad City Clerk S[IZ CITY OF CAPE GIRARDEAU, MISSOURI By: Name Title: Scott A. Meyer City Manager RESTOREME LLC By: Name Title: Suzanne Hightower Member EXHIBIT A LEGAL DESCRIPTION OF REDEVELOPMENT AREA All that fxaetional part of Lots Numbered Twenty -Eight (8) and Twenty -Dine (9), in Range "D", in the City and County of Cape Girardeau, Missouri, described as follows: Beginning at a point on the south lire of Broadway Street fifty-five and one-tenth (55.1) feet east ref t:he Northwest corner of said ,Lot 2 9 in Range "D", beim the center of the east wall of the brick building now standing on the premises just gest of and adjacent to the real estate herein described, said premises and building now being awned by J.F. Anderson; thence ruc Ea5t along the south lime of Broadway Street 3 feet to the center line of the wall separating the building on the real estate herein described and the Cape''heater and fealty Company; thence South parallel with Ellis Street 173- feet; thence West parallel with Broadway Street 36 feet; thence North parallel with Ellis Street 173-V2 feet to the Point of Beginning; the South l O- feet of the above described tract being part of the alley running east and west for the benefit Mall the owners of said Lots Twenty-eight 28) and Twenty-nine (29). SUBJF cr TO an easement, or right to maintain certain steps, in favor of Cape Theater and Realty Company, as per conveyance front .said Charles 0. Hobbs to said Company, recorded in Book 78 at Pages 596-597. A-1 EXHIBIT B FORM OF CERTIFICATE OF REIMBURSABLE PROJECT COSTS Certificate of Reimbursable Project Costs TO: City of Cape Girardeau, Missouri PO Box 617 Cape Girardeau, Missouri 63702-0617 Attention: City Manager Re: 811 Broadway Redevelopment Project Terms not otherwise defined herein shall have the meaning ascribed to such terms in the Redevelopment Agreement dated as of _, 2020 (the "Agreement") between the City of Cape Girardeau, Missouri (the "City") and Restoreme LLC (the "Developer"). In connection with said Agreement, the undersigned hereby states and certifies that: 1. Each item listed on Schedule 1 hereto is a Reimbursable Redevelopment Project Cost that was incurred in connection with the completion of the Redevelopment Project. 2. These Reimbursable Redevelopment Project Costs have been paid by the Developer and are reimbursable under the Act and the Agreement. 3. There has not been filed with or served upon the Developer any notice of any lien, right of lien or attachment upon or claim affecting the right of any person, firm or corporation to receive payment of the amounts stated in this request, except to the extent any such lien is being contested in good faith. 4. All necessary permits and approvals required for the Redevelopment Project are in full force and effect. 5. If any cost item to be reimbursed under this Certificate is deemed not to constitute a "redevelopment project cost" within the meaning of the Act, the Developer shall have the right to substitute other eligible Reimbursable Redevelopment Project Costs for payment hereunder. The Developer is not in default or breach of any term or condition of the Agreement. Dated this day of , 20 1 RESTOREME LLC i -A Suzanne Hightower, Member Approved for Payment this day of , 20 CITY OF CAPE GIRARDEAU, MISSOURI [Name], [Title] Schedule 1 To Certificate of Reimbursable Project Costs EXHIBIT C CONSENT TO RELEASE OF CONFIDENTIAL SALES TAX INFORMATION To facilitate the reporting requirements that are applicable to the 811 Broadway Tax Increment Financing Redevelopment Plan (the "Redevelopment Plan") pursuant to the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 to 99.865, RSMo., as amended (the "Act"), [Seller] hereby consents to the inclusion, within any reports required by the Act, of the sales tax revenue data for its operations within the Redevelopment Area described in the Redevelopment Plan. Dated: 2020 [Seller] Title: C-1 RECEIVED JUN 7 1 mi CITYOfCAPE 4 D APPLICATION FOR TAX INCREMENT FINANCING OR OTHER PUBLIC INCENTIVES Suzanne Hightower Applicant's Name 444 Fraser Rdg, Jackson, MO 63755 Street Address City/State/ Zip 84- 1730039 26082616 Applicants' Federal Tax Identification Number (FEIN) MITS/Missouri ID No. Suzanne Hightower Owner/President 573-987-9045 Name and Title of Responsible Officer Telephone/FAX/E-mail Gordon Glaus 573-332-1341 Attorney for or Authorized Representative of Applicant Telephone/FAX/E-mail 1930 Broadway St, Cape Girardeau, MO 63701 Street Address City/State/Zip Application Format. Please answer the following questions on a separate sheet of paper. Upon request, proposals will be kept confidential to the extent permitted by law. DEVELOPMENT TEAM: 1) Provide the relevant information on the Applicant's background and development experience. Demonstrate that the Applicant possesses the technical ability to complete and operate the project. Include resumes of key individuals assigned to the project. T.I.F. APPLICATION RESTOREIVIE LLC AND SPEAKEASY COFFEE CO. 6/11/2020 / 4 q_RESA'PZ" E COFFEE CO By Suzanne Hightower, Owner of Restoreme LLC and Speakeasy Coffee Co #1 -Applicant's Background Suzanne Hightower founded Restoreme LLC in 2019. She has 10 years of experience operating a multi -unit retail business in the healthcare industry. Suzanne's education includes a bachelor's degree in pharmacy, Pharmacy Doctor, and an MBA. Suzanne has the skills and experience necessary to make this business a success. She will manage the daily business operations and she will hire a team of employees to support growth as the business expands. Resume is attached. #2 -Applicant's Consultants Architect David Williamson 138 Manlyn Dr, Kirkwood, MO 63122 P: 314-570-2845 Civil and Mechanical Engineer Willie Sandin, Sandin Engineering, 2989 Hwy 25 South, Jackson, MO 63755 P: 573-204-7900 Legal Counsel Gordon Glaus, The Glaus Law Firm, 1930 Broadway St., Cape Girardeau, MO 63701 P: 573-332-1341 Tax Credit Consultant Karen Bode -Baxter, Preservation Specialist, 5811 Delor St, St Louis, MO 63109 P: 314-353-0593 Tax Accountant Matt Schweigert, HSB Advisors, PO Box 248, Ste. Genevieve, MO 63670 P: 573-883-7331 Contractor Chris Snider, The Roofing Company, 276 Misty Hollow Lane, Cape Girardeau, MO 63703 P:314-374-7289 #3 -Location Address 811 Broadway Street, Cape Girardeau, MO 63701 Parcel Number: VkOUCCI d poop #4 -Description of Project The old American Legion building was built in 1923 and has had many changes since being built. The building needs a new roof and complete restoration including new plumbing, electric, etc. There was so much water damage in the building that the building will need gutted and redone. When finished, the building will house 6 luxury apartments and 2 commercial lease spaces which will house a coffee shop that stays open late owned by Speakeasy Coffee Co. I have attached plans for the storefront and inside of the building for you to review. #5 -Current Owners Suzanne Hightower, Restoreme LLC, 573-987-9045 #6 -Zoning Currently zoned for commercial use. No zoning changes needed. #7 -Need & Justification of Project The building on 811 Broadway St. is in dire need of TIF assistance. The building has been empty and has been allowed to fall in disrepair even when a business was located there. The building is has approximately 12,000 sq ft and is long and skinny which complicates the ability to use the space which decreases the amount of income that can be earned. Without the funds generated from sales tax and savings on property taxes, the owner will struggle to make enough income to cover the restoration costs. This building is an important part of Cape Girardeau downtown history including having a Speakeasy and a visit from Elvis making it important to preserve it. #8-13ank Letter See attached. #9 -Source of Funding Bank -MRV Bank, Robbie Guard, 1505 N Mount Auburn, Cape Girardeau, MO 63755 P: 573-334-7811 80% of Financing Suzanne Hightower, Owner 20% of Project #10 -Costs of Project See Attached. #11 -Other Public Incentives We have applied for state and federal historic tax credits and are waiting for final approval. We have applied for REAP grant for adding solar panels to the building which will help cover part of the solar panel installation. We are going to use the tax credit for solar panel installation. We will apply to Amren for savings from renewable energy and efficiency of air conditioning unit being installed. We may apply for other grants if they are applicable to this project. #12 — Proforma Financial Statement Without TIF assistance — see attached proforma With TIF Assistance Project with of assistance can pay all debt service and operate at a 2% profit. #13 -Estimate of Market Value of Taxable Personal Property No taxable personal property #10- Cost of Project 811 Broadway Restoration Breakdowsn Item 811 Broadway Square Footage $ Acquisition of Building & Refinance $ 391,857.00 TIF Creation $ 5,000.00 Design Architect $ 6,366.00 Survey/Environmental Screening $ 1,350.00 Historical Application/Consultant and Grant Consultant $ 12,012.00 Business Formation $ 5,673.00 Engineering and Mechanical $ 10,300.00 Speakeasy Buildout $ 140,163.00 Construction $ 665,950.00 Construction Interest $ 23,800.00 Legal Fees, Accountant Cost Certification & Other Professional Fees $ 28,000.00 $ 1,290,471.00 OO 01 Ol n v cr m 00 O O O O O O O O O O 'O O H M M V1 C`J N 0 0 ] i N O O u9M v U I IO c Ow w a IV N l CU Lr) OOOM O M Lr� 06 } U Y W Y W hl N M M I.f1 to U5 O N � V N co V N ro 0 L � m OO O O O 0 O O M H O LOO V} Ln H V" T � C b N u G O. u u Lel 4C/ G N E O 'O C) (U w C O N i N o x v U v E O U C c L° (7 J O LL c Ow w a MX ro L ro M a N m CU (U N m E E ro Q U Y W Y W T � C b N u G O. u u Lel 0 O O O 0 0 O O (D M O O r * Obi ONi 00) O NO M 00 V�1 t^O m V). 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Ll W N v x o v > a° m C W Hz LL W a a¢ H- F�- SUZANNE HIGHTQWER, PHARmD, MBA JACKSON, MISSOURI 6.3755 * 573.987.9045 * SUZHIGHT0WERGaYAI-IOO.COM * LINKEDIN PROFILE Senior Director 1 Executive Industry Preference: Healthcare QUALIFICATIONS PROFILE Multifaceted and performance -focused professional, offering more than 25 years of experience in healthcare management, process improvement, regulatory compliance, and medication therapy management (MTM). Highly successful at identifying and addressing business requirements, analyzing complex healthcare information, and formulating strategic recommendations toward positive results across various business functions. Adept at strategic vision planning with the ability to articulate and utilize interpersonal skills in establishing relationships with all levels of professionals to achieve business objectives. CORE COMPETENCIES Healthcare Management Regulatory Compliance and Program Management Strategic Planning and Implementation Developing High -Performance Teams PROFESSIONAL EXPERIENCE WALMART — VARIOUS LOCATIONS (2001—PRESENT) Health and Wellness Market Director, Poplar Bluff, MO Financial Management Expertise Developing and Communicating Vision Organizational Leadership and Human Resources Situational Leadership 2010-2019 • Responsible for pharmacy and optical business unit's profit and loss (P&L) of more than $100M annual sales including overseeing 30 managers and professionals with a team of more than 200. • Selected as a field ambassador to Women's Resource Council (WRC) by corporate chair to provide training, events, communication to members and support to women for the entire company. • Led focus groups to determine why fewer women were being promoted to store manager and market director positions and recommended corporate changes which were well received by WRC Chair. • Served as instructor at the Walmart Pharmacy Manager Academy. Career Highlights: Made major contributions in the enhancement of business metrics in the district of 14 pharmacies and 9 vision centers with sales up to 104% to plan and profit up to 108% to plan. Development of a company -wide change in policy, which led to 20% reduction in medication returns profit loss. Walmart top 1% performer for sales in 2012. Lamed recognition for outstanding performance at meeting business metrics while developing great teams. Created tools to help the career growth of associates. Pharmacy Manager, Buffalo, MO 20002010 • Developed high performing team to exceed business objectives and talent development. Staff Pharmacist, Spearfish, SD 2001_2006 • Communicated with physicians regarding recommendations to enhance medication therapy. • Delivered prescriptions and OTC information to patients. IIP,1ge Earlier Positions Held: BANNER HEALTH SYSTEM - SPEARFISH, SD Hospital Staff Pharmacist Consultant Pharmacist WInTE RIvER MEDICAL CENTER - BATESVILLE, AR Staff Pharmacist j EDUCATION Master of Business Administration (MBA) Missouri State University I Springfield, MO Doctor of Pharmacy (PharmD) University of Arkansas for Medical Sciences I Little Rock, AR Bachelor of Science in Pharmacy Drake University I Des Moines, IA Graduated coin laude TEACHING EXPERIENCE UNIVERSITY OF MISSOURI -KANSAS CrrY— KANSAS CITY, MO Preceptor ST LOULS COLLEGE OF PHARMACY -ST. LOUIS, MO Preceptor AWARDS Regional Health and Wellness Market Director of the Year 2413, 2014, and 2016 Beta Gamma Sigma International Honor Society Sigma Iota Epsilon Honorary Management Fraternity American Business Women's Association Scholarship Recipient ACTIVITIES Field Ambassador Lead for Women's Resource Council The First Tee Assistant Coach Volunteer Women of Health and Wellness — Newsletter Support Million Women Mentors Event Speaker Arkansas State University 211'ac N o �NNVZ.r"'"G' \ � °q� \\§ � N o �NNVZ.r"'"G' \ � cr QM E3 c he�nadoae'iis Ju V °�" ?]-JMOlHOIH IPJf�Ivzns 21 s o 800 NOJIVAON3�1 w e I J 6 i � r� ill! ] I H Ill lI I I PitliitltttPtPP e- N a� O Sw 3d g y,`i_ 1 Ig e e 5 ®. J,j I a I b o STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU AFFIDAVIT I, the undersigned, am over the age of 18 years and have personal knowledge of the matters stated herein. 1. I am the President/Owner of Restoreme LLC and Speakeasy Coffee Co., and am authorized to attest to the matters set forth herein. 2. _Restoreme LLC_ owns the property located at 811 Broadway St.in Cape Girardeau, Missouri. The property has not been subject to growth and development through investment by private enterprise, and would not reasonably be anticipated to be developed without the adoption of tax increment financing. r.. i Printed Name: Suzanne Hightower Subscribed and sworn to before me this _day of , 2020. 1 f NATASHA N GOOLSBY Notary Public NotaryPebP[c-No!aySeal Cape Girardeau County - Sta!e of M ssour Commission Number 17710443 r 1 I My Commission Expires Aug 14.2021 My commission expires on: June 2, 2020 Mr. Scott A Meyer City Manager 4011ndependence Cape Girardeau, MO 63701 RE: Restore Me, LLC / 811 Broadway, Cape Girardeau, MO Dear Mr. Meyer: We are familiar with the project proposed by Suzanne Hightower, consisting of the development/rehabilitation of an approximately 11,556 square foot building at 811 Broadway in Cape Girardeau, Missouri. We are pleased to announce our commitment to finance the project, contingent upon final loan committee approval and supported by loan documentation typical of a transaction of this size and nature. if the City of Cape Girardeau provides tax increment financing to Suzanne Hightower, and all other Developmental issues are satisfactorily addressed, Suzanne Hightower has the financial ability to proceed with the proposed project. Sincerely, MRV Banks Robbie Guard SVP, Market President Staff: Molly Mehner, AICP, ICMA-CM, Agenda: Deputy City Manager 9/8/2020 SUBJECT An Ordinance designating a portion of the City of Cape Girardeau, Missouri, as a redevelopment area; approving the 811 Broadway Tax Increment Financing Redevelopment Plan; making findings related thereto; and authorizing certain actions by City Officials. 1 W4plat$]0kilW3 W L111►JV11 The attached Ordinance approves the 811 Broadway Tax Increment Financing Redevelopment Plan in the City of Cape Girardeau, Missouri. The Plan is for the redevelopment of an area consisting of property at 811 Broadway in the City. This TIF is for a "blighted area" and has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed without the adoption of tax increment financing. The Redevelopment Plan contemplates the renovation of the property to accommodate retail and residential uses. TIF funding available under this Redevelopment Plan for redevelopment project costs will not exceed $476,689 plus interest. BACKGROUND/DISCUSSION The City believes there is an opportunity to assist in the redevelopment of the property at 811 Broadway through the use of Tax Increment Financing (TIF) as designed by the State of Missouri. TIF was designed by the state as a redevelopment tool for areas not likely to develop in a timely manner because of certain challenges, including, but not limited to, age of structures, deterioration, excessive vacancies, inadequate utilities, lack of lights or sanitary facilities, etc. TIF allows the master developer to capture the increment gained in property taxes between the current value and the improved value, and to direct this revenue back into approved developments (private or public) to fund necessary things like acquisition, rehabilitation, infrastructure, parking, etc. Approved projects must meet the "but for" test. In other words, "but for" the use of this tool, the development would not occur. On July 19, 2020 the City issued a solicitation for redevelopment proposals for the parcel of property located at 811 Broadway. Proposals were accepted until August 19, 2020. The City received one (1) proposal from Restoreme, LLC. The TIF Commission met on June 24, 2020 and again on July 15, 2020 to review the proposal received. After a Public Hearing on August 19, 2020, the TIF Commission passed a Resolution recommending approval of the Plan to the City Council. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The establishment of the TIF for this project will assist in the redevelopment and revitalization of a property that has been deteriorating for years. STAFF RECOMMENDATION Staff recommends approval of the attached Ordinance designating a portion of the City of Cape Girardeau, Missouri, as a redevelopment area and approving the "811 Broadway Tax Increment Financing Redevelopment Plan, Cape Girardeau, Missouri". BOARD OR COMMISSION RECOMMENDATION At its meeting on August 19, 2020, the Tax Increment Financing Commission of the City of Cape Girardeau, Missouri, passed a resolution recommending approval of the redevelopment plan for the 811 Broadway Tax Increment Financing Redevelopment Plan; the designation of the redevelopment area described therein; approval of the redevelopment projects described therein, and expressing other recommendations to the City Council of Cape Girardeau, Missouri. PUBLIC OUTREACH A public solicitation was performed on July 19, 2020. The solicitation was open until August 19, 2020 at noon. A Public Hearing was held before the TIF Commission on August 19, 2020 at 4:00 pm to decide upon the proposal received. ATTACHMENTS: Name: Description: ® Ordinance approving Redevelopment Plan 811 Broadway..docx Ordinance ® Redevelopment Plan (811 BroadwayZpdf Redebelopment Plan CBA (narrative) (811 Broadway).pdf Cost Benefit Analysis Narrathe ® CBA (811 Broadway) 4814-7374-6881 v.4 (1).ndf Cost Benefit Analysis workbook D TIF Comm Resolution 081920.pdf TIF Commission Resolution BILL NO. 20-134 ORDINANCE NO. AN ORDINANCE DESIGNATING A PORTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS A REDEVELOPMENT AREA; APPROVING THE 811 BROADWAY TAX INCREMENT FINANCING REDEVELOPMENT PLAN; MAKING FINDINGS RELATED THERETO; AND AUTHORIZING CERTAIN ACTIONS BY CITY OFFICIALS. WHEREAS, the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended (the "Act"), authorizes municipalities to approve redevelopment projects pursuant to the Act; and WHEREAS, the City of Cape Girardeau, Missouri (the "City") duly created the Tax Increment Financing Commission of the City of Cape Girardeau, Missouri (the "TIF Commission") pursuant to the Act; and WHEREAS, the Act authorizes the TIF Commission to hold hearings with respect to proposed redevelopment areas, plans and projects and to make recommendations thereon to the City Council of the City; and WHEREAS, the TIF Commission has reviewed a plan for redevelopment known as the "811 Broadway Tax Increment Financing Redevelopment Plan," attached hereto and incorporated herein by this reference (the "Redevelopment Plan"), for an area consisting of property located at 811 Broadway in the City (as further described on Appendix 1 of the Redevelopment Plan, the "Redevelopment Area"); and WHEREAS, the Redevelopment Plan contemplates the renovation of the property to accommodate retail and residential uses (the "Redevelopment Project"); and WHEREAS, implementation of the Redevelopment Plan and the Redevelopment Project will remediate the conditions that cause the Redevelopment Area to be a "blighted area" under the Act; and WHEREAS, after all proper notice was given, the TIF Commission held a public hearing in conformance with the Act on August 19, 2020 and received comments from all interested persons and taxing districts relative to (1) the Redevelopment Plan, (2) the designation of the Redevelopment Area and (3) the approval of the Redevelopment Project; WHEREAS, on August 19, 2020, after due deliberation, the TIF Commission passed a resolution (attached hereto) recommending that the City Council (1) approve the Redevelopment Plan, (2) designate the Redevelopment Area as a "redevelopment area," as defined by the Act, (3) approve the Redevelopment Project and (4) adopt tax increment financing with respect to the Redevelopment Project; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Section 1. The City Council hereby makes the following findings: A. The Redevelopment Area on the whole is a "blighted area," as defined in Section 99.805(1) of the Act, and has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed without the adoption of tax increment financing. This finding includes, and the Redevelopment Plan sets forth and the City Council hereby finds and adopts by reference: (i) a detailed description of the factors that qualify the Redevelopment Area as a "blighted area" and qualify the Redevelopment Project pursuant to the provisions of Section 99.810.1(1) of the Act and (ii) an affidavit, signed on behalf of the proposed developer of the Redevelopment Project, attesting that the provisions of Section 99.810.1(1) have been met. B. The Redevelopment Plan conforms to the comprehensive plan for the development of the City as a whole. C. The estimated dates of completion of the Redevelopment Project and the retirement of obligations incurred to finance redevelopment project costs have been stated in the Redevelopment Plan and these dates are no more than 23 years from the date of adoption of this Ordinance approving the Redevelopment Plan and the Redevelopment Project. D. The City has developed a plan for relocation assistance for businesses and residences in conformity with the requirements of Sections 523.200 through 523.205 of the Revised Statutes of Missouri, as amended. E. A cost -benefit analysis showing the economic impact of the Redevelopment Plan on each taxing district which is at least partially within the boundaries of the Redevelopment Area is attached hereto and is incorporated herein as if fully set forth herein, which cost -benefit analysis shows the impact on the economy if the Redevelopment Project is not built and is built pursuant to the Redevelopment Plan. The cost -benefit analysis also includes a fiscal impact study on every affected political subdivision, and sufficient information from the proposed developer of the Redevelopment Project for the TIF Commission to evaluate whether the Redevelopment Project as proposed is financially feasible. F. The Redevelopment Plan does not include the initial development or redevelopment of any gambling establishment. Section 2. The Redevelopment Area is hereby designated as a "redevelopment area" as defined in Section 99.805(12) of the Act. Section 3. The Redevelopment Plan, a copy of which is attached hereto and incorporated herein by reference, is hereby adopted and approved. Section 4. The Redevelopment Project is hereby adopted and approved. The City Council finds that the Redevelopment Area includes only those parcels of real property and improvements thereon directly and substantially benefited by the proposed Redevelopment Project. Section 5. Tax increment allocation financing is hereby adopted within the Redevelopment Area. Section 6. After the total equalized assessed valuation of the taxable real property in the Redevelopment Area exceeds the certified total initial equalized assessed value of all taxable real property in the Redevelopment Area, as determined in accordance with the Act, the ad valorem taxes and payments in lieu of taxes, if any, arising from the levies upon taxable real property in the Redevelopment Area by taxing districts and tax rates determined in the manner provided in Section 99.855.2 of the Act each year after the effective date of this Ordinance until the payment in full of all redevelopment project costs shall be divided as follows: A. That portion of taxes, penalties and interest levied upon each taxable lot, block, tract, or parcel of real property which is attributable to the initial equalized assessed value of each such taxable lot, block, tract or parcel of real property in the Redevelopment Area shall be allocated to and, when collected, shall be paid by the County Collector to the respective affected taxing districts in the manner required by law in the absence of the adoption of tax increment allocation financing; and B. Payments in lieu of taxes attributable to the increase in the current equalized assessed valuation of each taxable lot, block, tract, or parcel of real property in the Redevelopment Area and any applicable penalty and interest over and above the initial equalized assessed value of each such unit of property in the Redevelopment Area shall be allocated to and, when collected, shall be paid to the City's Finance Director, who shall deposit such payments in lieu of taxes into a special fund called the "811 Broadway Special Allocation Fund" of the City for the purpose of paying redevelopment costs and obligations incurred in the payment thereof. Payments in lieu of taxes which are due and owing shall constitute a lien against the real estate of the Redevelopment Area from which they are derived and shall be collected in the same manner as the real property tax, including the assessment of penalties and interest where applicable. Section 7. In addition, fifty percent (50%) of the total additional revenue from taxes, penalties and interest which are imposed by the City or other taxing districts, and which are generated by economic activities within the Redevelopment Area, over the amount of such taxes, penalties and interest in the calendar year prior to the adoption of this Ordinance, while tax increment financing remains in effect, but excluding taxes imposed on sales or charges for sleeping rooms paid by transient guests of hotels and motels, taxes levied pursuant to Section 70.500 of the Revised Statutes of Missouri, as amended, licenses, fees or special assessments other than payments in lieu of taxes and any penalty and interest thereon, taxes levied pursuant to Section 94.660 of the Revised Statutes of Missouri, as amended, for the purpose of public transportation and any other tax or fee excluded by law, shall be allocated to and paid by the collecting officer to the City's Finance Director, who shall deposit such funds into a separate segregated account within the 811 Broadway Special Allocation Fund. Section 8. The 811 Broadway Special Allocation Fund is hereby established. The 811 Broadway Special Allocation Fund shall have a "PILOTS Account," an "EATS Account" and such other accounts and subaccounts as may be necessary or desirable for the administration of the Redevelopment Plan. All moneys deposited in the 811 Broadway Special Allocation Fund shall be applied in such manner consistent with the Redevelopment Plan as determined by the City Council. Section 9. The City Clerk is hereby directed to submit a certified copy of this Ordinance to the County Assessor, who is directed to determine the total equalized assessed value of all taxable real property within the Redevelopment Area as of the date of this Ordinance, by adding together the most recently ascertained equalized assessed value of each taxable lot, block, tract or parcel of real property within the Redevelopment Area, and shall certify such amount as the total initial equalized assessed value of the taxable real property within the Redevelopment Area. The City Clerk is further directed to submit a certified copy of this Ordinance to the County Collector, and the City Finance Director is directed to certify to the County Collector the amount of taxes derived from economic activities within the Redevelopment Area in the calendar year prior to the adoption of this Ordinance, as prescribed in Section 7 hereof. Section 10. The sections of this Ordinance shall be severable. If any section of this Ordinance is found by a court of competent jurisdiction to be invalid, the remaining sections shall remain valid, unless the court finds that: (a) the valid sections are so essential to and inseparably connected with and dependent upon the void section that it cannot be presumed that the City Council has or would have enacted the valid sections without the void ones; and (b) the valid sections, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent. Section 11. This Ordinance shall take effect and be in full force 10 days after its passage by the City Council. PASSED AND APPROVED by the City Council of the City of Cape Girardeau, Missouri, this day of , 2020. Bob Fox, Mayor (Seal) ATTEST: Bruce Taylor, Deputy City Clerk C I T Y ��� aa�T�V` ,i"k n APE xf G I R A R D E A. U 811 Broadway Tax Increment Financing Redevelopment Plan Presented to the Tax Increment Financing Commission of the City of Cape Girardeau, Missouri Prepared by: IL OR�EBELL 1.0 Introduction 1.1 Purpose of Redevelopment Plan. The purpose of this Redevelopment Plan is to describe the parameters for the use of tax increment financing in connection with the redevelopment of the American Legion building at 811 Broadway in the City of Cape Girardeau, Missouri (the "City"). The American Legion building is currently vacant and in a state of disrepair. Restoreme LLC (the "Developer") has proposed using tax increment financing to fund a portion of the costs associated with redeveloping the building to accommodate six luxury apartments and two commercial spaces (which will initially be occupied by a coffee shop) (collectively, the "Redevelopment Project"). 1.2 Tax Increment Financing. The Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 to 99.865 of the Revised Statutes of Missouri (the "TIF Act"), permits municipalities to use tax increment financing ("TIF") to fund certain eligible redevelopment project costs. The theory of tax increment financing is that, by encouraging redevelopment projects, the value of real property in a redevelopment area should increase. When a TIF redevelopment plan is adopted, the assessed value of real property in the redevelopment area is frozen for tax purposes at the level prior to construction of improvements. The owner of the property continues to pay property taxes at this base level. As the property is improved, the assessed value of real property in the redevelopment area increases above the base level. By applying the tax rate of all taxing districts having taxing power within the redevelopment area to the increase in assessed valuation of the improved property over the base level, a "tax increment" is produced. The tax increments, referred to as "payments in lieu of taxes" or "PILOTs," are paid by the owner of the property in the same manner and at the same time as regular property taxes. The PILOTs are transferred by the county collector to the City and deposited in a special allocation fund. In addition, local taxing districts transfer 50% of certain incremental "economic activity taxes" or "EATs" (i.e., sales taxes) to the City for deposit into the special allocation fund. The money deposited into the special allocation fund can then be used to pay redevelopment project costs or to retire bonds or other obligations issued to pay such costs. The net effect of tax increment financing is to redirect a portion of property and sales taxes generated from the completed redevelopment project to repay a portion of the redevelopment costs. In this manner, future tax increases are not abated, but, rather, are used to fund costs of the project. 811 Broadway Tax Increment Financing Redevelopment Plan Page 1 In accordance with the TIF Act, the City has established the Tax Increment Financing Commission of the City of Cape Girardeau, Missouri (the "TIF Commission"). The TIF Commission's role is to review this Redevelopment Plan, hold a public hearing to solicit public comment, and, ultimately, recommend to the City Council whether to approve this Redevelopment Plan and implement TIF. Following the TIF Commission's recommendation (either in favor or in opposition), the City Council may implement TIF by adopting an ordinance making the findings required by the TIF Act (which are further described in this Redevelopment Plan), designating the proposed "Redevelopment Area," and approving this Redevelopment Plan and the "Redevelopment Project" described herein. The TIF Act also requires the preparation of a cost -benefit analysis showing the economic impact of the Redevelopment Plan on each taxing district that is at least partially within the boundaries of the Redevelopment Area. This cost -benefit analysis is a separate document that has been provided to the TIF Commission. 1.3 The Redevelopment Area. The "Redevelopment Area" designated in this Redevelopment Plan consists of Parcel No. 211060013003000000 located at 811 Broadway in the City, which contains the vacant, approximately 12,000 square foot American Legion building. A map and legal description of the Redevelopment Area are included as Appendix 1 attached hereto. 1.4 Blighted Area Finding. Among other required findings, TIF may only be implemented if the City Council finds that: The redevelopment area on the whole is a blighted area, a conservation area, or an economic development area, and has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed without the adoption of tax increment financing. Such a finding shall include, but not be limited to, a detailed description of the factors that qualify the redevelopment area or project pursuant to this subdivision and an affidavit, signed by the developer or developers and submitted with the redevelopment plan, attesting that the provisions of this subdivision have been met (Section 99.810.1(1) of the TIF Act). Attached as Appendix 2 hereto is a study (the "Blight Study") prepared by the Southeast Missouri Regional Planning and Economic Development Commission finding that the existing conditions within the Redevelopment 811 Broadway Tax Increment Financing Redevelopment Plan Page 2 2.0 Area meet the requirements of a "blighted area," as defined in Section 99.805(1) of the TIF Act. Attached as Appendix 3 hereto is an affidavit meeting the requirements of Section 99.810.1(1) of the TIF Act signed by a representative of the Developer. 1.5 The Redevelopment Project. The Redevelopment Project consists of renovating the interior and exterior of 811 Broadway to accommodate commercial lease spaces (initially, a coffee shop) and two luxury apartments on the first floor and four additional luxury apartments on the second floor. If this Redevelopment Plan is approved, the Developer expects to commence construction in 2020 and to complete construction by January 1, 2022. Completion of the Redevelopment Project is not expected to result in the relocation of any existing residents or businesses because the American Legion building is currently vacant. However, Missouri law requires that, in connection with the use of tax increment financing, the City establish a relocation policy providing certain minimum benefits to residents and businesses, if any, that are relocated as a result of the Redevelopment Project. The City's relocation policy is included in Ordinance No. 5091, a copy of which is attached hereto as Appendix 4. Required Redevelopment Plan Components 2.1 Redevelopment Program and Objectives. The redevelopment is intended to (a) remediate the conditions that cause the Redevelopment Area to be a Blighted Area, (b) create a sustainable and economically feasible project that will increase the tax base of the City and other taxing districts and (c) enhance the image of the City. 2.2 Estimated Redevelopment Project Costs. The Redevelopment Project is estimated to cost approximately $1,290,471, as delineated below: 811 Broadway Tax Increment Financing Redevelopment Plan Page 3 Cost Description Estimated Cost Acquisition of Building & Refinancing $ 391,857 TIF Creation 5,000 Design Architect 6,366 Survey/Environmental Screening 1,350 Historical Application & Grant Consultant 12,012 Business Formation 5,673 Engineering & Mechanical 10,300 Coffee Shop Buildout 140,163 Construction 665,950 Construction Interest 23,800 Legal, Accountant & Other Professional Fees 28,000 Total $1,290,471 2.3 Anticipated Sources of Funds to Pay Costs. The costs of completing the Redevelopment Project may be paid from TIF funding, investor equity, private financing, state and federal historic tax credits, and grants. TIF funding available under this Redevelopment Plan to pay Redevelopment Project costs will not exceed $476,689 plus interest (however, the principal amount of any notes, bonds or other obligations secured by TIF revenues, if any, may exceed $476,689 to the extent necessary to fund costs associated with issuing the notes, bonds or other obligations, including, without limitation, attorney fees, bank and underwriter fees, and capitalized interest). 2.4 Anticipated Type and Term of Obligations to be Issued. The City and the Developer will enter into a Redevelopment Agreement providing for the terms upon which tax increment financing assistance will be provided. It is expected that the Redevelopment Agreement will permit tax increment revenues to be paid to the Developer for reimbursement of eligible Redevelopment Project costs in installments as TIF revenues are generated and/or provide for the issuance of notes or bonds secured by TIF revenues to fund eligible Redevelopment Project costs. Regardless of whether reimbursement to the Developer is provided directly under the Redevelopment Agreement or through the issuance of notes or bonds, the City's obligation to pay TIF revenues to the Developer under the Redevelopment Agreement or to a holder of notes or bonds will not, in accordance with Section 99.810 of the TIF Act, extend beyond the date that is 23 years from the passage of the ordinance approving the Redevelopment Project. 2.5 Anticipated Type and Term of Sources to Pay Costs. The Developer will be expected to use equity and/or obtain private financing to provide initial funding for all Redevelopment Project costs, subject to reimbursement for eligible expenditures from: 811 Broadway Tax Increment Financing Redevelopment Plan Page 4 A. TIF revenues (either from direct payments made pursuant to the Redevelopment Agreement or from the proceeds of notes, bonds or other obligations issued by the City, as described in Section 2.4); B. state and federal historic tax credits (if awarded); and C. grants (if awarded). The Developer's private financing is expected to be at market rates and terms. The City will not provide any loan guarantees or other credit enhancement to the Developer. However, the Developer's interest in the Redevelopment Agreement and any notes, bonds or other obligations issued by the City (as described in Section 2.4) may be pledged as collateral in connection with obtaining private financing. Any use of historic tax credits will be subject to the applicable laws and regulations governing the use of such tax credits. 2.6 Evidence of Commitment to Finance Project Costs. A letter from MRV Banks is attached as Appendix 5, describing the bank's commitment to finance Redevelopment Project costs. 2.7 Most Recent Equalized Assessed Value. The most recent equalized assessed value of the Redevelopment Area is $14,350. 2.8 Estimated Equalized Assessed Value after Redevelopment. After completion of the Redevelopment Project, the equalized assessed value of the Redevelopment Area is expected to be $245,552. 2.9 General Land Uses to Apply in the Redevelopment Area. As noted in Section 1.5, following completion of the Redevelopment Project, the Redevelopment Area will be used as a mixed-use development consisting of commercial and residential space. These uses conform with the City of Cape Girardeau Comprehensive Plan's "Downtown Mixed -Use" designation for the Redevelopment Area. As required by Section 99.810.1(6) of the TIF Act, the Redevelopment Project does not include initial development or redevelopment of any gambling establishment. 811 Broadway Tax Increment Financing Redevelopment Plan Page 5 3.0 Required Findings Section 99.810 of the TIF Act provides that the City Council cannot approve a redevelopment plan without making certain findings. These findings, and the support for such findings, are listed below: Finding #1: "The redevelopment area on the whole is a blighted area, a conservation area, or an economic development area, and has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed without the adoption of tax increment financing. Such a finding shall include, but not be limited to, a detailed description of the factors that qualify the redevelopment area or project pursuant to this subdivision and an affidavit, signed by the developer or developers and submitted with the redevelopment plan, attesting that the provisions of this subdivision have been met." o The Southeast Missouri Regional Planning and Economic Development Commission prepared the study attached as Appendix 2, which finds that the Redevelopment Area meets the requirements of a 'Blighted Area," as defined in the TIF Act. The Developer has provided an affidavit, attached as Appendix 3, satisfying the other requirements of this finding. Finding #2: "The redevelopment plan conforms to the comprehensive plan for the development of the municipality as a whole." o As noted in Section 2.9, this Redevelopment Plan and the Redevelopment Project described herein are consistent with the "Downtown Mixed -Use" designation of the Redevelopment Area in the City's Comprehensive Plan. Finding #3: "The estimated dates, which shall not be more than twenty-three years from the adoption of the ordinance approving a redevelopment project within a redevelopment area, of completion of any redevelopment project and retirement of obligations incurred to finance redevelopment project costs have been stated, provided that no ordinance approving a redevelopment project shall be adopted later than ten years from the adoption of the ordinance approving the redevelopment plan under which such project is authorized and provided that no property for a redevelopment project shall be acquired by eminent domain later than five years from the adoption of the ordinance approving such redevelopment project." o Section 1.5 states that construction of the Redevelopment Project is expected to be completed by January 1, 2022. Section 2.4 states that the City's obligation to pay TIF revenues to the Developer under the Redevelopment Agreement or to a holder of notes or bonds will not, in accordance with Section 99.810 of the TIF Act, extend beyond the date that 811 Broadway Tax Increment Financing Redevelopment Plan Page 6 is 23 years from the passage of the ordinance approving the Redevelopment Project. Accordingly, all notes or bonds secured by TIF revenues will be retired by such date. Approval of the Redevelopment Project will occur simultaneously with the approval of the Redevelopment Plan. No use of eminent domain is necessary for the implementation of the Redevelopment Project. Finding #4: "A plan has been developed for relocation assistance for businesses and residences." o Although no relocations are anticipated as part of the Redevelopment Project, the City has established a relocation policy applicable to all TIF redevelopment projects. A copy of this relocation policy is included in Appendix 4. Finding #5: "A cost -benefit analysis showing the economic impact of the plan on each taxing district which is at least partially within the boundaries of the redevelopment area. The analysis shall show the impact on the economy if the project is not built, and is built pursuant to the redevelopment plan under consideration. The cost -benefit analysis shall include a fiscal impact study on every affected political subdivision, and sufficient information from the developer for the commission established in section 99.820 to evaluate whether the project as proposed is financially feasible." o As noted in Section 1.2, a cost -benefit analysis meeting these requirements has been provided to the TIF Commission. Finding #6: "A finding that the plan does not include the initial development or redevelopment of any gambling establishment, provided however, that this subdivision shall be applicable only to a redevelopment plan adopted for a redevelopment area designated by ordinance after December 23, 1997." o As noted in Section 2.9, the Redevelopment Area will be used as commercial and residential space and will not include the initial development or redevelopment of any gambling establishment. 811 Broadway Tax Increment Financing Redevelopment Plan Page 7 APPENDIX 1 MAP AND LEGAL DESCRIPTION OF REDEVELOPMENT AREA !ncrc_rn�cni Rna rc L istrlct ILP`} 'I s�-- ddd 41 As 1 � I I i � r R'P — ' ■. renrr ? J, 2073 rr All that fractional part of Lots Numbered Twenty -Eight ( 8) and T'wenty-Nine (29), in Range °"D', in the City and County of Cape Girardeau, Nfissouri, described as follows: Beginning at a point on the south lime of 13rcadway Street fifty-five and one-tenth 5. l feet cot of the Northwest corner of said Lot 29 in Range "ID", being the center of the east wall of the brick building now st=ding on the premises just west of and adjacent to the real estate herein described, said premises and build ing now being owned by J.F. Anderson; thence rurx EHst along the south lire of Broadway 'Street 36 feet to the center line of the wall separating the building on the reel estate herein dmribed and the Cape Theater and RmIty Company', thence South parallel with Ellis Street 173-1/2 feet, thence West pra ilel with Broadway Street .3feet; thence North parailel with Ellis Street l i3-fi feet to the Point of �Be&ning; the South l ()-Y7 feet of the above described tract being part of the alley running east and west for the benefit of all the ovmers ofsaid hats Twenty-eight (8) and Twenty-nine (29), SUBJECT TO an easernent, or right to maintain curtain steps, in favor of Cape Theater and fealty Comp y, as per conveyznce from said Charles 0. Hobbs to said Company, recorded in Book 78 at Pagts 596-597. APPENDIX 2 BLIGHT STUDY [On file with the Deputy City Manager] APPENDIX 3 DEVELOPER AFFIDAVIT c i ATE OF MISSOURI CCU" OF CAPE 15[HARDEAU APPI AVrr r, tha unders[grled, am aver the age of 18 years and have personal kAavw t g& of the r71Attfr5 stated horeln- 1. 1 arri the President&Nvner of flestomroe LLC and Speakeasy Colfee Co., and arm authorized to attest to the matters set forth here -in- _ Reca eme ti[_w ns the properf 1' Isxted at 1�11 Aro adwary St -in pa Girardeau, Mlssourl No pcoperty has taut beeli'sublett trl gFOWlh arld tleVeloprr wd through h1vesImerrt by prlwiite enterprise, apid WoUl d not reasonably he antiripated to be developed tvllhout the adapiQorE of tax li1q;rerrrent floandng. Private T�arr1� Strza^nne Highhteatlrelr 5ulbscribed and srvom lu hetore me this day of 5 r 120211). A'x B; L)LSp, kC6ry Ptrbtic cd� r 1ayWerti NirwyS q, 9��u {ns,y,Y—:Pafi V'hmli-Tip.. My corrilmission expires on: APPENDIX 4 RELOCATION POLICY BILL NO. 18-89 AN ORDINANCE ADOPTLNr. A KlE.11AXATION POLICY IN CONNECTION W1TR REDEVELOPMENT PR€I.JFCTS V4'F[E EAS, the City of Capc Girardeau, Missouri (the" C'iZy'" may, frarrn tirne to rune, desire to undetxake emain redevelopment projws pursuant to Chapters 99, 100 and 333, RSMo.. as amended; and %VHERE4S, Sertinns 523-200 through 533.215, RSMo., as amended (tht: "Rrlixation Assistant Act's, mandates that the City establish a relocation policy including rt Enirnurn pmvisivns and rrquiremerkts set forth in the Rcica"tion Assistance: Act in connection with the implemmtsticrn of the redevelopment acliviries auffioriz& punsuaw to Chapter 99, LM, and 353 RSMo., as amended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCil, OF THE CITY OF CAPE GIRARDEAU, MISSOM, AS FOLLOWS. Section 1, The City adopts by reference, as it fully set forth herein, Seetic 523-2W 0wough 523,215. RSMo., as may lac amended from time to time as the Relocation Policy for the City, Section L In the cvcnl that property is to be acquired without fedMl assistarkee pumu&nl to Chapters 99, 10k 353, RSMo., as amended, rhe City Manager or his c_iesignac is directed to take all necessary steps to identify die special needs of displaced persorns and a"Urrinvdaic those nccds within the project's relocation p1wt. Furthermore, lKe City Manager or his designee is directed to develop a program for the referrals of displaced prisons and busincsses to suitable replacement accommodations in eonrormity with tike rNuircmenrs ofRe1mzicin Assistance Act. S-ectiGu 3, This ordinance shall be in full force and effort tent days ager its passage ud approval. PASSED AND APFROVE10 THIS DAY OF 1J , 2018. Attest, race -'Mr, I?eputy . ty t Ierk ;W4 Bob Fox. Ma, nor APPENDIX 5 PROJECT FINANCING COMMITMENT BANKS June 2, 2020 Mr. Scott A Meyer City manager 401lndependence Cape Girardeau, MC 63701 RE; Restore Nle, LLC f 811 Broadway, Gape GirardeaLi, MO Year Mr. Meyer: We are familiar with the project proposed, by Suzanne Hightowerr consisting of the developrnentf rehahilltatlon of an approximately 11,556 square feat building at SSi Broadway in Crape Girardeau, Missouri. We are pleased to announce our commitment to finance the project, enntingent upon final loan committee approval and supported by Ivan documentation typical of a tran5acticn of Ibis size and nature. If the City of Cape Girardeau provides tarp Increment financing to Suzanne Hightower, and all other Developmental issues are satisfactorily addressed,. Suzanne Hightower has the financial ability, to proceed with the proposed project. Sincerely,. MRS' I anics Robbie Guard SVP, Market president CITYOf CAPE G I R A R D E A U Cost -Benefit Analysis for 811 Broadway Tax Increment Financing Redevelopment Plan July 15, 2020 Prepared by: GILMOkEBELL 1.0 Introduction 1.1 Purpose of Cost -Benefit Analysis. The Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended (the "TIF Act"), requires that, in connection with the approval of a redevelopment plan, the governing body of a municipality make the finding that: A cost -benefit analysis showing the economic impact of the plan on each taxing district which is at least partially within the boundaries of the redevelopment area [has been prepared]. The analysis shall show the impact on the economy if the project is not built, and is built pursuant to the redevelopment plan under consideration. The cost -benefit analysis shall include a fiscal impact study on every affected political subdivision, and sufficient information from the developer for the commission established in section 99.820 to evaluate whether the project as proposed is financially feasible (Section 99.810.1(5) of the TIF Act). The 811 Broadway Tax Increment Financing Redevelopment Plan (the "Redevelopment Plan") has been prepared on behalf of the City of Cape Girardeau, Missouri (the "City"). The purpose of this Cost -Benefit Analysis is to satisfy the requirement in the TIF Act that a cost -benefit analysis be prepared in connection with the proposed Redevelopment Plan. 1.2 Redevelopment Plan and Redevelopment Project. The Redevelopment Project consists of renovating the interior and exterior of 811 Broadway to accommodate commercial lease spaces (initially, a coffee shop) and two luxury apartments on the first floor and four additional luxury apartments on the second floor. The Redevelopment Plan contemplates that Restoreme LLC (the "Developer") will undertake the Redevelopment Project and that tax increment financing revenues will be used to fund a portion of the costs of the Redevelopment Project. 1.3 Accuracy of Financial Projections. Information used to create the financial projections contained in this Cost -Benefit Analysis was obtained from the Developer, the Cape Girardeau County Assessor and the Cape Girardeau Area Chamber of Commerce. However, the financial projections are subject to numerous variables and assumptions, and no guarantee can be made regarding the accuracy of the projections. Actual performance of the Redevelopment Project over the period examined in Cost -Benefit Analysis for 811 Broadway Tax Increment Financing Redevelopment Plan Page 1 this Cost -Benefit Analysis (i.e., 2020 — 2043) may be materially different than the financial projections contained herein. 2.0 Economic and Fiscal Impact of the Redevelopment Project 2.1 Taxes Impacted by Tax Increment Financing. Pursuant to the TIF Act, certain incremental real property taxes and sales taxes generated by the Redevelopment Project for up to 23 years following approval of the Redevelopment Project will, upon collection, be deposited into the City's "Special Allocation Fund." As described in the Redevelopment Plan, the City can then use moneys in the Special Allocation Fund to reimburse the Developer directly for eligible Redevelopment Project costs or to pay debt service on notes, bonds or other obligations issued to finance Redevelopment Project costs. The specific tax revenues that will be deposited in the Special Allocation Fund are described below. A. Payments in Lieu of Taxes ("PILOTs'). The TIF Act provides that 100% of certain real property taxes generated by the incremental assessed value of the Redevelopment Project will be deposited in the Special Allocation Fund and made available for the payment of eligible Redevelopment Project costs. Tax revenues attributable to the "base" assessed value (i.e., the assessed value prior to approval of the Redevelopment Project by the City) will continue to be paid to the applicable taxing districts. Under the TIF Act, the Commercial Surcharge, the State of Missouri Blind Pension Fund tax and the Senate Bill 40 (Developmental Disabilities) tax are excluded from tax increment financing and the revenues from those taxes attributable to both the base and incremental assessed values will be paid to the applicable taxing districts. Appendix 5 of this Cost -Benefit Analysis shows the estimated distribution of PILOTs and taxes attributable to the "base" assessed value if the Redevelopment Project is completed. These estimates are based on the 2019 property tax rates identified in Appendix 1, which have been assumed to remain constant during the 23 -year tax increment financing period, and the projected assessed values of the Redevelopment Project identified in Appendix 2. B. Economic Activity Taxes ("EATs'). The TIF Act provides that 50% of certain incremental economic activity tax revenues generated by the Redevelopment Project will be deposited in the Special Allocation Fund and made available for the payment of eligible Redevelopment Project costs. Economic activity taxes include sales and utility taxes. Taxing districts with economic activity taxes impacted by tax increment financing will receive taxes equal to the amount of the applicable tax Cost -Benefit Analysis for 811 Broadway Tax Increment Financing Redevelopment Plan Page 2 generated in the "base year" prior to the City's approval of the Redevelopment Project (which, in this case is $0 because the Redevelopment Area did not generate any EATs in 2019) and 50% of the EATs generated above the "base year" value. However, (1) the TIF Act excludes the State of Missouri sales tax from tax increment financing and (2) the amount of utility taxes generated from the Redevelopment Project is expected to be minimal compared to other tax revenues and will be exceedingly difficult to accurately track. Accordingly, the City will declare all utility tax revenues that would otherwise be deposited into the Special Allocation Fund as "surplus" under the TIF Act, allowing for those utility tax revenues to, effectively, be excluded from tax increment financing. Because the distribution of utility tax revenues will not be impacted by the Redevelopment Plan, this Cost -Benefit Analysis does not contain any projections relating to utility tax revenues. Appendix 6 of this Cost -Benefit Analysis shows the estimated generation of sales taxes if the Redevelopment Project is completed and the portion of those taxes "captured" by tax increment financing. These estimates are based on the sales and gross receipt tax rates as of July 2020 identified in Appendix 1, which have been assumed to remain constant during the 23 - year tax increment financing period, and the projected taxable sales produced by the Redevelopment Project identified in Appendix 2. 2.2 Taxes Not Impacted by Tax Increment Financing. During the 23 -year tax increment financing term, taxing districts will receive the following taxes, assessments and fees generated from the Redevelopment Project: real property taxes attributable to the "base" assessed value (and with respect to the Commercial Surcharge, State of Missouri Blind Pension Fund and Senate Bill 40 (Developmental Disabilities) taxes, real property taxes attributable to the then -current assessed value); sales taxes equal to the "base year" amount of the tax plus 50% of the incremental sales tax revenue generated from the Redevelopment Project after it is completed (and with respect to the State of Missouri, 100% of the State's sales tax); utility taxes (which, as noted above, will be treated as "surplus" under the TIF Act and, effectively excluded from tax increment financing); Cost -Benefit Analysis for 811 Broadway Tax Increment Financing Redevelopment Plan Page 3 personal property taxes (which are not subject to tax increment financing under the TIF Act); income and withholding taxes (which are not subject to tax increment financing under the TIF Act); and assessments, building permit fees and other governmental fees typically associated with projects similar to the Redevelopment Project. Estimates of real property taxes and sales taxes, net of tax increment financing, are included in Appendix 5 and Appendix 6, respectively. This Cost -Benefit Analysis does not include any estimates of personal property taxes, income and withholding taxes or any other type of governmental assessment or fee. 3.0 Build vs. No Build Scenario; Fiscal Impact. As required by the TIF Act, this Cost -Benefit Analysis evaluates the economic impact on the applicable taxing districts if the Redevelopment Project is built and is not built pursuant to the Redevelopment Plan. Appendix 5 and Appendix 6 show the projected real property tax and sales tax revenues if the Redevelopment Project is built (the "Build Scenario"). Appendix 7 and Appendix 8 show the projected real property and sales tax revenues if the Redevelopment Project is not built (the "No Build Scenario"). Appendix 4 includes a side-by-side fiscal impact comparison of the Build Scenario and No Build Scenario, delineated by total revenues generated by each taxing district, real property tax and sales tax over the 23 -year term of tax increment financing. 4.0 Evidence of Financial Feasibility. Attached as Appendix 9 are a sources/uses table for the entire Redevelopment Project and calculations prepared by the Developer detailing the financial feasibility of the Redevelopment Project. These calculations illustrate a negative economic return on the Redevelopment Project without TIF assistance and a positive economic return with TIF assistance. The Redevelopment Project will be financially feasible if a sufficient positive economic return is achievable. The Developer has indicated that it believes the Redevelopment Project is feasible based on the positive return shown in Appendix 9 if TIF assistance is provided. Cost -Benefit Analysis for 811 Broadway Tax Increment Financing Redevelopment Plan Page 4 City of Cape Girardeau, Missouri 811 Tax Increment Financing Redevelopment Plan Cost -Benefit Analysis Appendix 9 — Financial Feasibility Information (excerpted from Developer's TIF application) City of Cape Girardeau, Missouri 811 Broadway Tax Increment Financing Redevelopment Plan Cost -Benefit Analysis Property Tax Rates (Tax Year 2019) Taxing District Rate Cape Girardeau County - General Revenue 0.0670 Cape Girardeau County - Mental Health 0.0772 Cape Girardeau County - Public Health 0.0960 Cape Girardeau County - Senior Services 0.0478 Cape Girardeau City - General 0.3044 Cape Girardeau City - Health 0.0570 Cape Girardeau School District 4.1567 Cape Girardeau Public Library 0.3152 State of Missouri 0.0300 Senate Bill 40 0.0553 Commercial Surcharge 0.3690 Total Commercial Tax Rate 5.5756 Total Residential Tax Rate 5.2066 TIF -Eligible Tax Rate 5.1213 Appendix 1 - Tax Rates not subject to TIF Sales Tax Rates (as of July 2020) Taxing District Rate Cape Girardeau County - General 1.000% Cape Girardeau County - Public Safety 0.500% Cape Girardeau City - General 1.000% Cape Girardeau City - Cap. Imp. 0.500% Cape Girardeau City - Fire 0.250% Cape Girardeau City - Parks/Stormwater 0.500% Cape Girardeau City - Transportation 0.500% Downtown CID 0.500% State of Missouri 4.225% Total Tax Rate 8.975% TIF -Eligible Tax Rate 4.750% Cape Girardeau City - Restaurant Gross Rpts. 1.000% TIF -Eligible Restaurant Tax Rate 5.750% Assumptions: 1. The tax rates listed above will remain constant from 2020 through 2043. 2. Cape Girardeau County's public safety sales tax will be effective on October 1, 2020. not } subject to TIF City of Cape Girardeau, Missouri 811 Broadway Tax Increment Financing Redevelopment Plan Cost -Benefit Analysis Appendix 2 - Assessed Value and Taxable Sales Projections Base EAV (2019): $ 14,350 Base Taxable Sales (2019): $ 0 Year Assessed Value Taxable Sales 2020 $ 14,350 $ 0 2021 14,350 0 2022 245,552 231,000 2023 249,235 233,310 2024 249,235 235,643 2025 252,974 238,000 2026 252,974 240,380 2027 1 256,768 242,783 2028 256,768 245,211 2029 260,620 247,663 2030 260,620 250,140 2031 264,529 252,641 2032 264,529 255,168 2033 268,497 257,719 2034 268,497 260,297 2035 272,525 262,900 2036 272,525 265,529 2037 276,613 268,184 2038 276,613 270,866 2039 280,762 273,574 2040 280,762 276,310 2041 284,973 279,073 2042 284,973 281,864 2043 289,248 213,512 75% of full year taxable sales due to mid -year TIF Assumptions: expiration 1. TIF will begin by October 1, 2020. 2. The Redevelopment Project will be substantially completed and the coffee shop will be open by January 1, 2022. 3. Beginning in 2023, the assessed value will grow by 1.5% each reassessment year (i.e. each odd - numbered year). 4. Beginning in 2023, taxable sales will increase by 1% per year. 5. TIF is assumed to expire in September 2043. 6. 100% of taxable sales will be subject to the City's restaurant gross receipts tax. City of Cape Girardeau, Missouri 811 Broadway Tax Increment Financing Redevelopment Plan Cost -Benefit Analysis Appendix 3 - Total Taxes and Tax Increment Financing Revenues Year Total Real Property Taxes TIF Portion Tax. Dist. Portion Sales and Restaurant Taxes Total TIF Portion Tax. Dist. Portion Total TIF Revenues Total Revenues to Taxing Districts 2020 $ 800 $ 0 $ 800 $ 0 $ 0 $ 0 $ 0 $ 800 2021 800 0 800 0 0 0 0 800 2022 13,011 11,841 1,171 23,042 6,641 16,401 18,482 17,572 2023 13,207 12,029 1,177 23,273 6,708 16,565 18,737 17,742 2024 13,207 12,029 1,177 23,505 6,775 16,731 18,804 17,908 2025 13,405 12,221 1,184 23,740 6,842 16,898 19,063 18,082 2026 13,405 12,221 1,184 23,978 6,911 17,067 19,132 18,251 2027 13,606 12,415 1,191 24,218 6,980 17,238 19,395 18,428 2028 13,606 12,415 1,191 24,460 7,050 17,410 19,465 18,601 2029 13,810 12,612 1,198 24,704 7,120 17,584 19,733 18,782 2030 13,810 12,612 1,198 24,951 7,192 17,760 19,804 18,958 2031 14,017 12,812 1,205 25,201 7,263 17,938 20,076 19,142 2032 14,017 12,812 1,205 25,453 7,336 18,117 20,149 19,321 2033 14,227 13,016 1,212 25,708 7,409 18,298 20,425 19,510 2034 14,227 13,016 1,212 25,965 7,484 18,481 20,499 19,693 2035 14,441 13,222 1,219 26,224 7,558 18,666 20,780 19,885 2036 14,441 13,222 1,219 26,486 7,634 18,853 20,856 20,071 2037 14,657 13,431 1,226 26,751 7,710 19,041 21,142 20,267 2038 14,657 13,431 1,226 27,019 7,787 19,231 21,219 20,457 2039 14,877 13,644 1,233 27,289 7,865 19,424 21,509 20,657 2040 14,877 13,644 1,233 27,562 7,944 19,618 21,588 20,851 2041 15,100 13,859 1,241 27,838 8,023 19,814 21,883 21,055 2042 15,100 13,859 1,241 28,116 8,104 20,012 1 21,963 1 21,253 2043 15,327 0 15,327 28,397 6,138 22,259 1 6,138 1 37,585 TOTAL $ 312,632 $ 270,363 $ 42,268 $ 563,880 $ 160,476 $ 403,405 1 $ 430,839 1 $ 445,673 1. No PILOTS are captured by TIF in 2043 because TIF will expire prior to payment of 2043 real property taxes. Capture of sales taxes by TIF is assumed to expire in September 2043. Full year 2043 real property and sales tax revenues are shown. 2. The "Tax. Dist. Portion" includes (1) the "Base Taxes" and "Tax Dist. Portion" columns in Appendix 5 and Appendix 6 with respect to taxing districts whose taxes are subject to TIF and (2) the "Taxes (No TIF)" columns in Appendix 5 and Appendix 6 with respect to taxing districts whose taxes are not subject to TIF. City of Cape Girardeau, Missouri The North Middle/Broadway Tax Increment Financing Redevelopment Plan Cost -Benefit Analysis Appendix 4 - Build vs No Build Comparison Taxing District Tax Build Scenario Revenues No Build Scenario Revenues Cape Girardeau County General Rev. Prop. Tax $ 415 $ 243 Mental Health Prop. Tax 478 279 Public Health Prop. Tax 595 348 Senior Serv. Prop. Tax 296 173 General Rev. Sales Tax 28,621 0 Public Safety Sales Tax 14,310 0 Subtotal $ 44,714 $ 1,043 Cape Girardeau City General Rev. Prop. Tax $ 1,885 $ 1,102 Health Prop. Tax 353 $ 206 General Rev. Sales Tax 28,621 $ 0 Cap. Imp. Sales Tax 14,310 $ 0 Fire Sales Tax 7,155 $ 0 Parks/Storm Sales Tax 14,310 $ 0 Transp. Sales Tax 14,310 $ 0 Restaurant Gross Rpts. 28,621 $ 0 Subtotal $ 109,565 $ 1,308 Cape Girardeau School District Prop. Tax $ 25,742 $ 15,048 Cape Girardeau Public Library Prop. Tax $ 1,952 $ 1,141 Senate Bill 40 Prop. Tax $ 3,262 $ 200 Downtown CID Sales Tax $ 14,310 $ 0 Comm. Surcharge Prop. Tax $ 5,521 $ 1,336 State of Missouri Prop. Tax $ 1,770 $ 109 Sales Tax 238,837 0 Subtotal $ 240,606 $ 109 TOTAL $ 445,673 $ 20,184 1. The "Build Scenario Revenues" include (1) the "Base Taxes" and "Tax Dist. Portion" columns in Appendix 5 and Appendix 6 with respect to taxing districts whose taxes are subject to TIF and (2) the "Taxes (No TIF)" columns in Appendix 5 and Appendix 6 with respect to taxing districts whose taxes are not subject to TIF. Real property taxes and sales taxes generated through the end of 2043 (i.e., after TIF expiration in September 2043) are included. 2. The "No Build Scenario Revenues" include the real property tax and sales tax revenues shown in Appendix 7 and Appendix 8. City of Cape Girardeau, Missouri 811 Broadway Tax Increment Financing Redevelopment Plan Cost -Benefit Analysis Appendix 5 - Build Scenario: Real Property Tax Revenues and PILOTS (Page 1 of 2) 1. TIF is assumed to expire in September 2043, prior to the payment of 2043 real property taxes. Accordingly, all 2043 real property taxes will be paid to the taxing districts and will not be subject to capture by TIF. 2. Assumes that 100% of the Redevelopment Area is assessed as commercial property prior to completion of the Redevelopment Project and 25% of the Redevelopment Area is assessed as commercial property after completion of the Redevelopment Project. The commercial surcharge is only applicable to property assessed as commercial. 3. Estimated revenues do not include deductions for assessment or collection fees, if any. General Cape Girardeau County Mental Health Public Health Senior Services Senate Bill 40 Commercial Surcharge Year Base Taxes PILOTs Base Taxes PILOTS Base Taxes PILOTS Base Taxes PILOTS Taxes (No TIF) Taxes (No TIF) 2020 $ 10 $ 0 $ 11 $ 0 $ 14 $ 0 $ 7 $ 0 $ 8 $ 53 2021 10 0 11 0 14 0 7 0 8 53 2022 10 155 11 178 14 222 7 111 136 227 2023 10 157 11 181 14 22S 7 112 138 230 2024 10 157 11 181 14 225 7 112 138 230 2025 10 160 11 184 14 229 7 114 140 233 2026 10 160 11 184 14 229 7 114 140 233 2027 10 162 11 187 14 233 7 116 142 237 2028 10 162 11 187 14 233 7 116 142 237 2029 10 165 11 190 14 236 7 118 144 240 2030 10 165 11 190 14 236 7 118 144 240 2031 10 168 11 193 14 240 7 120 146 244 2032 10 168 11 193 14 240 7 120 146 244 2033 10 170 11 196 14 244 7 121 148 248 2034 10 170 11 196 14 244 7 121 148 248 2035 10 173 11 199 14 248 7 123 151 251 2036 10 173 11 199 14 248 7 123 151 251 2037 10 176 11 202 14 252 7 125 153 255 2038 10 176 11 202 14 252 7 125 153 255 2039 10 178 11 206 14 256 7 127 155 259 2040 10 178 11 206 14 256 7 127 155 259 2041 10 181 11 209 14 260 7 129 158 263 2042 10 181 11 209 14 260 7 129 158 263 2043 194 0 223 0 278 0 138 0 160 267 TOTAL $ 415 $ 3,537 $ 478 $ 4,076 $ 595 $ 5,068 $ 296 $ 2,523 $ 3,262 $ 5,521 1. TIF is assumed to expire in September 2043, prior to the payment of 2043 real property taxes. Accordingly, all 2043 real property taxes will be paid to the taxing districts and will not be subject to capture by TIF. 2. Assumes that 100% of the Redevelopment Area is assessed as commercial property prior to completion of the Redevelopment Project and 25% of the Redevelopment Area is assessed as commercial property after completion of the Redevelopment Project. The commercial surcharge is only applicable to property assessed as commercial. 3. Estimated revenues do not include deductions for assessment or collection fees, if any. City of Cape Girardeau, Missouri 811 Broadway Tax Increment Financing Redevelopment Plan Cost -Benefit Analysis Appendix 5 - Build Scenario: Real Property Taxes and PILOTS (Page 2 of 2) 1. TIF is assumed to expire in September 2043, prior to the payment of 2043 real property taxes. Accordingly, all 2043 real property taxes will be paid to the taxing districts and will not be subject to capture by TIF. 2. Assumes that 100% of the Redevelopment Area is assessed as commercial property prior to completion of the Redevelopment Project and 25% of the Redevelopment Area is assessed as commercial property after completion of the Redevelopment Project. The commercial surcharge is only applicable to property assessed as commercial. 3. Estimated revenues do not include deductions for assessment or collection fees, if any. Cape Girardeau City General Health Cape Girardeau School District Cape Girardeau Public Library State of Missouri Year Base Taxes PILOTS Base Taxes PILOTS Base Taxes PILOTS Base Taxes PILOTs Taxes (No TIF) 2020 $ 44 $ 0 $ 8 $ 0 $ 596 $ 0 $ 45 $ 0 $ 4 2021 44 0 8 0 596 0 45 0 4 2022 44 704 8 132 596 9,610 45 729 74 2023 44 715 8 134 596 9,763 45 740 75 2024 44 715 8 134 596 9,763 45 740 75 2025 44 726 8 136 596 9,919 45 752 76 2026 44 726 8 136 596 9,919 45 752 76 2027 44 738 8 138 596 10,077 45 764 77 2028 44 738 8 138 596 10,077 45 764 77 2029 44 750 8 140 596 10,237 45 776 78 2030 44 750 8 140 596 10,237 45 776 78 2031 44 762 8 143 596 10,399 45 789 79 2032 44 762 8 143 596 10,399 45 789 79 2033 44 774 8 145 596 10,564 45 801 81 2034 44 774 8 145 596 10,564 45 801 81 2035 44 786 8 147 596 10,732 45 814 82 2036 44 786 8 147 596 10,732 45 814 82 2037 44 798 8 149 596 10,901 45 827 83 2038 44 798 8 149 596 10,901 45 827 83 2039 44 811 8 152 596 11,074 45 840 84 2040 44 811 8 152 596 11,074 45 840 84 2041 44 824 8 154 596 11,249 45 853 85 2042 44 824 8 154 596 11,249 45 853 85 2043 880 0 165 0 12,023 0 912 0 87 TOTAL $ 1,885 $ 16,070 $ 353 $ 3,009 $ 25,742 $ 219,440 $ 1,952 $ 16,640 $ 1,770 1. TIF is assumed to expire in September 2043, prior to the payment of 2043 real property taxes. Accordingly, all 2043 real property taxes will be paid to the taxing districts and will not be subject to capture by TIF. 2. Assumes that 100% of the Redevelopment Area is assessed as commercial property prior to completion of the Redevelopment Project and 25% of the Redevelopment Area is assessed as commercial property after completion of the Redevelopment Project. The commercial surcharge is only applicable to property assessed as commercial. 3. Estimated revenues do not include deductions for assessment or collection fees, if any. City of Cape Girardeau, Missouri 811 Broadway Tax Increment Financing Redevelopment Plan Cost -Benefit Analysis Appendix 6 - Build Scenario: Economic Activity Tax Revenues (Page 1 of 2) 1. TIF is assumed to expire in September 2043. 2043 totals reflect a full year of tax collection, but only a partial year of TIF capture. 2. Estimated revenues do not include any deductions for collection fees or early pay discounts. General Cape Girardeau County Public Safety Downtown CID State of Missouri Year Tax. Dist. Portion TIF Portion Tax. Dist. Portion TIF Portion Tax. Dist. Portion TIF Portion Taxes (No TIF) 2020 $ 0$ 0$ 0$ 0$ 0$ 0$ 0 2021 0 0 0 0 0 0 0 2022 1,155 1,155 578 578 578 578 9,760 2023 1,167 1,167 583 583 583 583 9,857 2024 1,178 1,178 589 589 589 589 9,956 2025 1,190 1,190 595 595 595 595 10,055 2026 1,202 1,202 601 601 601 601 10,156 2027 1,214 1,214 607 607 607 607 10,258 2028 1,226 1,226 613 613 613 613 10,360 2029 1,238 1,238 619 619 619 619 10,464 2030 1,251 1,251 625 625 625 625 10,568 2031 1,263 1,263 632 632 632 632 10,674 2032 1,276 1,276 638 638 638 638 10,781 2033 1,289 1,289 644 644 644 644 10,889 2034 1,301 1,301 651 651 651 651 10,998 2035 1,314 1,314 657 657 657 657 11,108 2036 1,328 1,328 664 664 664 664 11,219 2037 1,341 1,341 670 670 670 670 11,331 2038 1,354 1,354 677 677 677 677 11,444 2039 1,368 1,368 684 684 684 684 11,559 2040 1,382 1,382 691 691 691 691 11,674 2041 1,395 1,395 698 698 698 698 11,791 2042 1,409 1,409 705 705 705 705 11,909 2043 1,779 1,068 890 534 890 534 12,028 TOTAL $ 28,621 $ 27,909 $ 14,310 $ 13,954 $ 14,310 $ 13,954 $ 238,837 1. TIF is assumed to expire in September 2043. 2043 totals reflect a full year of tax collection, but only a partial year of TIF capture. 2. Estimated revenues do not include any deductions for collection fees or early pay discounts. City of Cape Girardeau, Missouri 811 Broadway Tax Increment Financing Redevelopment Plan Cost -Benefit Analysis Appendix 6 - Build Scenario: Economic Activity Tax Revenues (Page 2 of 2) 1. TIF is assumed to expire in September 2043. 2043 totals reflect a full year of tax collection, but only a partial year of TIF capture. 2. Estimated revenues do not include any deductions for collection fees or early pay discounts. City of Cape Girardeau General Capital Improvements Fire Protection Parks/Stormwater Transportation Restaurant Gross Receipts Year Tax. Dist. Portion TIF Portion Tax. Dist. Portion TIF Portion Tax. Dist. Portion TIF Portion Tax. Dist. Portion TIF Portion Tax. Dist. Portion TIF Portion Tax. Dist. Portion TIF Portion 2020 $ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 0 2021 0 0 0 0 0 0 0 0 0 0 0 0 2022 1,155 1,155 578 578 289 289 578 578 578 578 1,155 1,155 2023 1,167 1,167 583 583 292 292 583 583 583 583 1,167 1,167 2024 1,178 1,178 589 589 295 295 589 589 589 589 1,178 1,178 2025 1,190 1,190 595 595 297 297 595 595 595 595 1,190 1,190 2026 1,202 1,202 601 601 300 300 601 601 601 601 1,202 1,202 2027 1,214 1,214 607 607 303 303 607 607 607 607 1,214 11214 2028 1,226 1,226 613 613 307 307 613 613 613 613 1,226 1,226 2029 1,238 1,238 619 619 310 310 619 619 619 619 1,238 1,238 2030 1,251 1,251 625 625 313 313 625 625 625 625 1,251 1,251 2031 1,263 1,263 632 632 316 316 632 632 632 632 1,263 1,263 2032 1,276 1,276 638 638 319 319 638 638 638 638 1,276 1,276 2033 1,289 1,289 644 644 322 322 644 644 644 644 1,289 1,289 2034 1,301 1,301 651 651 325 325 651 651 651 651 1,301 1,301 2035 1,314 1,314 657 657 329 329 657 657 657 657 1,314 1,314 2036 1,328 1,328 664 664 332 332 664 664 664 664 1,328 1,328 2037 1,341 1,341 670 670 335 335 670 670 670 670 1,341 1,341 2038 1,354 1,354 677 677 339 339 677 677 677 677 1,354 1,354 2039 1,368 1,368 684 684 342 342 684 684 684 684 1,368 1,368 2040 1,382 1,382 691 691 345 345 691 691 691 691 1,382 1,382 2041 1,395 1,395 698 698 349 349 698 698 698 698 1,395 1,395 2042 1,409 1,409 705 705 352 352 705 705 705 705 1,409 1,409 2043 1,779 1,068 890 534 445 267 890 534 890 534 1,779 1,068 TOTAL $ 28,621 $ 27,909 $ 14,310 $ 13,954 $ 7,155 $ 6,977 $ 14,3101 $ 13,954 $ 14,3101 $ 13,954 1 $ 28,6211 $ 27,909 1. TIF is assumed to expire in September 2043. 2043 totals reflect a full year of tax collection, but only a partial year of TIF capture. 2. Estimated revenues do not include any deductions for collection fees or early pay discounts. City of Cape Girardeau, Missouri 811 Broadway Tax Increment Financing Redevelopment Plan Cost -Benefit Analysis Appendix 7 - No Build Scenario: Real Property Taxes Year General Cape Girardeau County Mental Health Public Health Senior Serv. Cape Girardeau City General Health School District Public Library Senate Bill 40 State of Missouri Comm. Surcharge 2020 $ 10 $ 11 $ 14 $ 7 $ 44 $ 8 $ 596 $ 45 $ 8 $ 4 $ 53 2021 10 11 14 7 44 8 596 45 8 4 53 2022 10 11 14 7 44 8 596 45 8 4 53 2023 10 11 14 7 44 8 596 45 8 4 53 2024 10 11 14 7 44 8 596 45 8 4 53 2025 10 11 14 7 45 8 614 47 8 4 55 2026 10 11 14 7 45 8 614 47 8 4 55 2027 10 11 14 7 45 8 614 47 8 4 55 2028 10 11 14 7 45 8 614 47 8 4 55 2029 10 11 14 7 45 8 614 47 8 4 55 2030 10 11 14 7 45 8 614 47 8 4 55 2031 10 12 15 7 46 9 633 48 8 5 56 2032 10 12 15 7 46 9 633 48 8 5 56 2033 10 12 15 7 46 9 633 48 8 5 56 2034 10 12 15 7 46 9 633 48 8 5 56 2035 10 12 15 7 46 9 633 48 8 5 56 2036 10 12 15 7 46 9 633 48 8 5 56 2037 11 12 15 7 48 9 652 49 9 5 58 2038 11 12 15 7 48 9 652 49 9 5 58 2039 11 12 15 7 48 9 652 49 9 5 58 2040 11 12 15 7 48 9 652 49 9 5 58 2041 11 12 15 7 48 9 652 49 9 5 58 2042 11 12 15 7 48 9 652 49 9 5 58 2043 11 12 16 8 49 9 671 51 9 5 60 TOTAL 1 $ 243 $ 279 $ 348 $ 173 $ 1,102 $ 206 $ 15,048 $ 1,141 $ 200 $ 109 $ 1,336 Assumptions: 1. The property will remain vacant. Increases in 2025, 2031, 2037 and 2043 are the result of inflation. 2. Because the property will be assessed as commercial, it will be subject to the commercial surcharge. 3. Estimated revenues do not include deductions for assessment or collection fees, if any. City of Cape Girardeau, Missouri 811 Broadway Tax Increment Financing Redevelopment Plan Cost -Benefit Analysis Appendix 8 - No Build Scenario: Sales Taxes Assumption: 1. No sales taxes are expected to be generated in the Redevelopment Area if the Redevelopment Project is not built. .• Girardeau County Cape Girardeau City Downtown CID 1 1 1� 1 1 1 �� • Assumption: 1. No sales taxes are expected to be generated in the Redevelopment Area if the Redevelopment Project is not built. RESOLUTION OF THE TAX INCREMENT FINANCING COMMISSION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, APPROVING THE 811 BROADWAY TAX INCREMENT FINANCING REDEVELOPMENT PLAN; DESIGNATING THE REDEVELOPMENT AREA DESCRIBED THEREIN; APPROVING THE REDEVELOPMENT PROJECT DESCRIBED THEREIN; AND EXPRESSING ITS RECOMMENDATIONS TO THE CITY COUNCIL OF CAPE GIRARDEAU, MISSOURI. WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has created the Tax Increment Financing Commission of the City of Cape Girardeau, Missouri (the "TIF Commission"); and WHEREAS, the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended (the "Act"), authorizes the TIF Commission to hold public hearings with respect to proposed redevelopment areas, redevelopment plans and redevelopment projects and to make recommendations thereon to the City Council; and WHEREAS, the TIF Commission has reviewed a plan for redevelopment known as "811 Broadway Tax Increment Financing Redevelopment Plan," attached as Exhibit A hereto and incorporated herein by this reference (the "Redevelopment Plan"), for an area consisting of property located at 811 Broadway in the City of Cape Girardeau (as further described on Appendix 1 of the Redevelopment Plan, the "Redevelopment Area"); and WHEREAS, the Redevelopment Plan contemplates redeveloping the Redevelopment Area to accommodate retail space and apartments (the "Redevelopment Project"); and WHEREAS, implementation of the Redevelopment Plan and the Redevelopment Project will remediate the conditions that cause the Redevelopment Area to be a "blighted area" under the Act; and WHEREAS, after all proper notice was given, the TIF Commission held a public hearing in conformance with the Act on August 19, 2020 and received comments from all interested persons and taxing districts relative to (1) the Redevelopment Plan, (2) the designation of the Redevelopment Area and (3) the approval of the Redevelopment Project; NOW, THEREFORE, BE IT RESOLVED BY THE TAX INCREMENT FINANCING COMMISSION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: 1. The Redevelopment Plan, the Redevelopment Area described therein and the Redevelopment Project are hereby adopted and approved. 2. The TIF Commission hereby finds that: a. The Redevelopment Area on the whole is a "blighted area," as defined in Section 99.805(1) of the Act, has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed without the adoption of tax increment financing. The Redevelopment Plan includes, and the TIF Commission hereby finds and adopts by reference, (i) a detailed description of the factors that qualify the Redevelopment Area and the Redevelopment Project pursuant to the provisions of Section 99.810.1(1) of the Act and (ii) an affidavit, signed on behalf of the proposed developer of the Redevelopment Project, attesting that the provisions of Section 99.810.1(1) of the Act have been met. b. The Redevelopment Plan conforms to the comprehensive plan for the development of the municipality as a whole. C. The estimated dates of completion of the Redevelopment Project and retirement of obligations incurred to finance redevelopment project costs have been stated in the Redevelopment Plan, and these dates, with respect to the Redevelopment Project, are no more than 23 years from the adoption of the ordinance approving the Redevelopment Project. No ordinance approving the Redevelopment Project shall be adopted later than ten years from the adoption of the ordinance approving the Redevelopment Plan. d. A plan has been developed for relocation assistance for businesses and residences. e. A cost -benefit analysis showing the economic impact of the Redevelopment Plan on each taxing district which is at least partially within the boundaries of the Redevelopment Area is attached as Exhibit B hereto and is incorporated herein as if fully set forth herein, which cost -benefit analysis shows the impact on the economy if the Redevelopment Project is not built and if the Redevelopment Project is built pursuant to the Redevelopment Plan. The cost -benefit analysis also includes a fiscal impact study on every affected political subdivision and sufficient information from the proposed developer of the Redevelopment Project for the TIF Commission to evaluate whether the Redevelopment Project, as proposed, is financially feasible. The TIF Commission hereby finds that the Redevelopment Project, as proposed, is financially feasible. f. The Redevelopment Plan does not include the initial development or redevelopment of any gambling establishment. g. The Redevelopment Area includes only those parcels of real property and improvements thereon directly and substantially benefited by the proposed Redevelopment Proj ect. 3. The TIF Commission recommends to the City Council that the City Council adopt ordinances in the form required by the Act to: a. Approve the Redevelopment Plan. b. Approve and designate the Redevelopment Area as a "redevelopment area" as provided in the Act. Approve the Redevelopment Project. d. Adopt tax increment financing with respect to the Redevelopment Area and the Redevelopment Project by passage of an ordinance complying with the terms of Section 99.845 of the Act. 4. The officers of the TIF Commission are hereby authorized and directed to execute all documents and take such steps as they deem necessary and advisable to carry out and perform the purpose of this Resolution. 5. The sections of this Resolution shall be severable. If any section of this Resolution is found by a court of competent jurisdiction to be invalid, the remaining sections shall remain valid, unless the court finds that the valid sections are so essential to and inseparably connected with and dependent upon the void section that it cannot be presumed that the TIF Commission has or would have enacted the -2- valid sections without the void ones, unless the court finds that the valid sections, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent. ADOPTED by the Tax Increment Financing Commission of the City of Cape Girardeau, Missouri, this 19"` day of August 19, 2020. Chairman -3- 1*14111af11I_1 REDEVELOPMENT PLAN [On file in the office of the City Clerk] 10,14,5111,108 COSTBENEFIT ANALYSIS [On file in the office of the City Clerk] Staff: Ryan Shrimplin, AICP - City Planner Agenda: 9/8/2020 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 1134 North Sprigg Street, in the City and County of Cape Girardeau, Missouri, from R-4 to C-1. 1 *04 PLO[ 110 kil W3A110110 / The attached ordinance rezones property at 1134 North Sprigg Street. The applicant is requesting that the property be rezoned from R-4 (Medium Density Multifamily Residential District) to C-1 (General Commercial District). The City Council's public hearing on the rezoning request was held on September 8, 2020. BACKGROUND/DISCUSSION A rezoning application has been submitted for the property at 1134 North Sprigg Street. The applicant is requesting that the property be rezoned from R-4 (Medium Density Multifamily Residential District) to C-1 (General Commercial District). The immediately surrounding properties are zoned R-4 (Medium Density Multifamily Residential District) to the north, east, and southeast; C-1 (General Commercial District) to the southwest; and R-2 (Single -Family Urban Residential District) to the west. This area consists of a mix of residential, commercial, and institutional uses. The Cape Vision 2040 Future Land Use Map shows the subject property as Local Commercial. The attached ordinance rezones the property to C-1. The City Council's public hearing on the rezoning request was held on September 8, 2020. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IWACTS 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 property is located across the street from the Show Me Center and is adjacent to an existing C-1 zoned property containing a convenience store and vehicle fueling station. The C-1 district is the zoning equivalent of the Local Commercial land use category in the Cape Vision 2040 comprehensive plan. For these reasons, the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the rezoning request. The Planning and Zoning Commission held a public hearing at its meeting on August 12, 2020 and recommended approval of the rezoning request by a vote of 6 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City Councirs public hearing was advertised in the Southeast Missourian on August 23, 2020. 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: Description: D Rezone -1134 North_SRrigg.doc Ordinance D Staff Review -Referral -Action F2mWdf 1134 North Sprigg Street - Staff RRA Form D Map _ -_Zoning - 1134 N Sprigg Street.pdf 1134 North Sprigg Street - Zoning Map D Map_ -_ FLU _-_1134 N Snrigg_Streetpdf 1134 North Sprigg Street - FLU Map D Anolication - 1134 N_Sprigg _St_Rezoning 12d 1134 North Sprigg Street - Application D R-4.ndf R4 District Regulations D CC-1Todf G1 District Regulations BILL NO. 20-135 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 1134 NORTH SPRIGG STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM R-4 TO C-1 WHEREAS, the City Planning and Zoning Commission has recommended rezoning all of the property described in Article 1 of this Ordinance from R-4, Medium Density Multifamily Residential District, to C-1, General Commercial District; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and a public hearing was held on Tuesday, September 8, 2020; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 from R-4, Medium Density Multifamily Residential District, to C-1, General Commercial 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-4, Medium Density Multifamily Residential District, to C-1, General Commercial District, for the following described property: 1134 North Sprigg Street Lot Five (5) in Block Four (4) of Marble City Heights Addition, a subdivision in the City and County of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 2 at Page 36. Also, a parcel of land being all of Lots 1, 2, 3, 4,17 and 18 in Block 4 of Marble City Heights Addition, as shown by plat recorded in Plat Book 2 at Page 36, and all of the vacated portion of Ruby Street abutting Lots 1 and 18 and all of the vacated portion of the alley abutting Lots 1, 2, 17 and 18 and all of the East half of the portion of the vacated alley abutting Lots 3 and 4, all being in the City and County of Cape Girardeau, Missouri, described as follows: Begin at the Southeast corner of said Lot 4, Block 4, of said subdivision; thence northerly along the East R/W line of Frederick Street, 230.0 feet to the North line of vacated Ruby Street; thence westerly with the said North line, 365.0 feet to the East R/W line of Sprigg Street; thence southerly along said East R/W line, 130.0 feet to the Southwest comer of said Lot 17, Block 4 of said subdivision; thence easterly and perpendicular with the East line of Sprigg Street, 182.5 feet to the center of an alley, now vacated; thence southerly parallel with the East line of Sprigg Street and with the centerline of said alley, 100.0 feet; thence easterly along the South line of said Lot 4, 182.5 feet to the point of beginning. Less and except the West 2.5 feet of Lots Three (3), Four ( 4 ) and Five ( 5 ) in Block Four ( 4 ) of Marble City Heights Addition, a subdivision in the City and County of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 2 at Page 36 AND all of the East one-half (1/2) of the portion of the vacated alley abutting the West side of said Lots Three (3), Four (4), and Five (5), being a strip of land Ten (10) feet wide East- West and One Hundred Fifty (150) feet long North- South. 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 C-1, General Commercial 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 , 2020. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application FILE NO. 1404 LOCATION: 1134 North Sprigg Street STAFF REVIEW &c COMMENTS: JJP Investments is requesting to rezone property at 1134 North Sprigg Street from R-4 (Medium Density Multi- family Residential District) to C-1 (General Commercial District). SEE STAFF REPORT FOR FURTHER INFORMATION /)l," ��;f 7;�- City Pla r tl City Atto CITY MANAGE$-AER'ERRAL TO THE PLANNING AND ZONING /-zt�2.o Date Date City Manager Date Planning & Zoning Commission Public Hearing Sign Posting Date: Public Hearing Date: RECOMMENDED ACTION: Favor Oppose Abstain Favo Oppose Abstain Larry Dowdy El Li❑ Bruce Skinner ❑ ❑ Jeff Glenn ❑ ❑ Doug Spooler ❑ ❑ ❑ Kevin Greaser ❑ ❑ Ed Thompson ❑ ❑ Derek Jackson ❑ ❑ ❑ Tom Welch ❑ ❑ Patrick Koetting 0 ❑ ❑ VOTE COUNT: COMMENTS: &I Favor CITIZENS COMMENTING AT MEETING: 0— Oppose Abstain — �4w Kevin Greaser Planning & Zoning Commission Secretary City Council Action Posting Dates: Sign Newspaper Public Hearing Date: Ordinance 1" Reading Ordinance 2"d & 3Yd Reading: VOTE COUNT: Favor Oppose ORDINANCE # Effective Date: Abstain �L Q V) Rezoning Request 1134 North Sprigg Street Requested Rezoning from R-4 (Medium Density Multi -family Residential) to C-1 (General Commercial) Future Land Use Recommendation: Local Commercial 1318 1318 1318• •1318 1318• • • 1318 1126 • W E S �,, CITYOf CAPE G I R A R D E A U Created by: Development Services Carol Peters July 17, 2020 0 35 70 140 Fee •6 06 • 7 7 6 • •6 7••• 8 8 $ • 7 000 7 7 8 • •• • 008 6 6 6 7 • 6000 • •66 6 • 616 616 • 612 616 616 • a • 612 • 1134 • 1142 1140 Y • V �L 10 10 1132 d • 1122 • • 1103 Legend QArea to be Rezoned Parcels Zoning District C1 R2 R4 �L Q V) Rezoning Request 1134 North Sprigg Street Requested Rezoning from R-4 (Medium Density Multi -family Residential) to C-1 (General Commercial) Future Land Use Recommendation: Local Commercial 1318 1318 1318• •1318 1318• • • 1318 1126 • W E S" I CITYOf CAPE G I R A R D E A U Created by: Development Services Carol Peters July 17, 2020 0 35 70 140 Fee •6 06 • 7 7 6 ••6 7••• 8 8 • 7 •••8 7 7 8 • •• • 8 8 8 6 6 6 7 • • • 6000 • 6 •66 1134 • 1142 (%� I 1140 Y • V Z 10 1132 W I • 1122 Legend QArea to be Rezoned 616 1103 0 Parcels • • 2040 FLU Recommendation •616 612 0 High Density Residential 616 616 • 0 Institutional r • • 612 Local Commercial Low Density Residential Medium Density Residential 4 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 1134 N Sprigg St Applicant Property Owner of Record (if other than Applicant) JJP Investments Villas of West Park Mailing Address City, State, Zip Mailing Address City, State, Zip 1610 N Kingshighway, Sul Cape Girardeau MO 6: 1985 Boutin Dr Cape Girardeau Mo 637 Legal description of property to be rezoned and/or upon which the special use is to be conducted Describe the proposed use of the property. The developer plans to put a drive-thru restaurant on the property. A; ,iryatiG,n ivietiiru 2,S �`ie, n-Xt p-ge OFFICE USE ONLY Date Received & By /1-'!5 ;dr) File # i ! MUNIS Application # MUNIS Permit # Application Fee Received $ ❑ Check # © Credit Card ❑ Cash Planning & Zoning Commission Recommendation Date City Council Final Action Date Revised 12/06/2019 -------- - - 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 ITEMS in addition to this completed application form, the following items must be submitted: Application fee ($135.00 payable to City of Cape Girardeau+ additional $80 for Planned REQUIRED Development rezonings) List of adjacent property owners (see Instructions for requirements) See Instruction5for 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) one (1) set of Planned Development documents (Planned Development rezonings only) CERTIFICATIONS rhe undersigned h ereby certifies that: I) They are the Property Owner(s) of Record for the property described in this application; 2) They acknowledge that the special use permIt, if approved, will become null and void if the use for which the permit was granted does not commence within twelve (12) months of the approval date, unless an extension has been granted; and 3) They acknowledge that they are responsible for ensuring that all required licenses and permits are obtained prior to commencing any use or work on the property. ZOZO Property Owner of Record Signature and�rinted Name Date (Provide additional owners signatures acrd' printed names in the space below, If applicable) The undersigned hereby certifies that they are an agent duty 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. 07,,14-2020 A Printed Name Date ppllc'at Sinatu e and Revised 12/06/2019 EXHIBIT A Lot Five (5) in Block Four (4) of Marble City Heights Addition, a subdivision in the City and County of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 2 at Page 36. Also, a parcel of land being all of Lots 1, 2, 3, 4, 17 and 18 in. Block 4 of Marble City Heights Addition, as shown by plat recorded in Plat Book 2 at Page 36, and all of the vacated portion of Ruby Street abutting Lots I and 18 and all of the vacated portion of the alley abutting Lots 1, 2, 17 and 18 and all of the East half of the portion of the vacated alley abutting Lots 3 and 4, all being in the City and County of Cape Girardeau, Missouri, described as follows: Begin at the Southeast comer of said Lot 4, Block 4, of said subdivision; thence northerly along the East R/W line of Frederick Street, 230.0 feet to the North line of vacated Ruby Street; thence westerly with the said North line, 365.0 feet to the East R/W line of Sprigg Street; thence southerly along said East R/W line, 130.0 feet to the Southwest comer of said Lot 17, Block 4 of said subdivision; thence easterly and perpendicular with the East line of Sprigg Street, 182.5 feet to the center of an alley, now vacated; thence southerly parallel with the East line of Sprigg Street and with the centerline of said alley, 100.0 feet; thence easterly along the South line of said Lot 4, 182.5 feet to the point of beginning, Less and except the West 2.5 feet of Lots Three (3), Four (4) and Five (5) in Block Four (4) of Marble City Heights Addition, a subdivision in the City and County of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 2 at Page 36 AND all of the East one,half (Y2) of the portion of the vacated alley abutting the West side of said Lots Three (3), Four (4) and Five (5), being a strip of land Ten (10) feet wide East-West and One Hundred Fifty (150) feet long North,South. rl.% V-1 O Ln C*14 r-i N LO rH 0 0 0 N 0 Izil Ln r-I 00 r... Qr". r*-., r-i r%-. r*-. r%% r-i rl-. r.% r*-% m m Mm M Mm M M (Y) CL QO 110 � kD � ko kD (.0 (1.0 � w it ® 0 0 0 00 0 000 0 m m m m m m (1) -0 (1) -0 (A — (1) "a a) a (1) Cl) a) L. L L- LZ m 0 L- m 0 LA 0 m •m > Ile 4-J V) u 4-J m u u m m u u V C: (3) %. N S.�= C) m 0 2 a 0 4-j tw (Y) M o 0 bW 0 Z X 0 w W E r. X 0 bD O co U N x (b m 0 n cm M 0 o CL m U M 00 -n (N �o o CL L- :3 0) on r-4 Lr) t r-q 00 0) C U < 0 (A 4-J +mJ +-J 4-; Ln 4-; Lr) 4-j V) 4-J kn 4--) V) 4-; 4) La-6 (A Ln v) tn 13 CaAqA b-0 on w U u u u L� L� bO ai CL CL CL (31 cu (v (1) (1) OD OD CL >, t v) Ln to L- U. U. L- LL L- Li- fu = m (A 4) z z z z z 5 > z C L W N N C) N r-,. wo 00 r-i Lo 0 C%4 r-i m r-i H r-I N CL CL 0 •0 4-J 0 c 4-J 4vi 4-j a u j cu oto CL (Ii ado) V (D 0 ai E CL 0 0. - 7- 4 r-4 t 4- J 4-J 0- t D > 0 CL M CL Lu u m in Lo4-J CL 0 a I- < ai 0 4-J 4- < <J 8/31/2020 Cape Girardeau, MO Code of Ordinances Sec. 30-325. - R-4, medium density multifamily residential district. (a) Purpose. The R-4 district provides for multifamily dwellings and other residential uses with a maximum density of eighteen (18) units per one (1) acre. Single-family detached and two- family (duplex) dwellings are permitted in order to accommodate existing R-4 zoned lots that either contain such uses or are not large enough to be developed for multifamily dwellings. It is not intended for new single-family detached or two-family subdivisions, which are prohibited. (b) Permitted principal uses. (1) Single-family detached dwellings, with only one (1) dwelling per lot, and excluding new single-family detached subdivisions. (2) Two-family (duplex) dwellings, excluding new two-family subdivisions. (3) Multifamily dwellings. (4) Townhouses. (5) Cluster subdivisions, as permitted elsewhere in the City Code. (6) Nursing homes, senior citizen housing and retirement homes. (7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and/or outdoor recreational facilities, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners association. (8) Public parks, playgrounds, and recreational facilities. (9) Police and fire stations. (10) Elementary, middle and secondary schools, and development centers for elementary, middle and secondary school age children with physical, mental or developmental disabilities. (11) Commercial day cares. (c) Permitted accessory uses. (1) Private garages, carports and accessory structures, as permitted in section 30-403, supplemental regulations. (2) Home occupations, as permitted in section 30-405, supplemental regulations. (3) Solar energy systems, as permitted in section 30-410, supplemental regulations. (4) Short term use of shipping containers for accessory uses, as permitted in section 30- 402, supplemental regulations. (d) Special uses. (1) Bed and breakfasts. (2) Cemeteries, on a minimum often (10) acres of land. 1/3 8/31/2020 Cape Girardeau, MO Code of Ordinances (3) Transitional housing. (4) Wind energy conversion systems, as permitted by section 30-410, supplemental regulations. (5) Residential treatment facilities. (6) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. (7) Long term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (e) Height, area, bulk and setback regulations. (1) Maximum height: Five (5) stories not to exceed sixty (60) feet. (2) Minimum lot area: a. Each townhouse must be on a separate platted lot consisting of at least one thousand four hundred (1,400) square feet. b. All other uses: Three thousand seven hundred fifty (3,750) square feet. (3) Maximum density: Eighteen (18) units per one (1) acre. Higher densities maybe approved with a cluster subdivision, as permitted elsewhere in the City Code. (4) Minimum lot width: a. Each townhouse: Twenty (20) feet. b. All other uses: None. (5) Minimum yard requirements: a. Front yard: 1. Each townhouse: Ten (10) feet. 2. All other uses: Twenty-five (25) feet. b. Rear yard: 1. Each townhouse: Twenty (20) feet. 2. All other uses: Twenty-five (25) feet. c. Side yard: 1. Each townhouse: None. 2. All other uses: Five (5) feet. (6) Maximum building coverage, including accessory buildings: Fifty (50) percent of the lot for all uses except townhouses. (7) Open space requirements. For any multifamily residential uses or nonresidential uses, a minimum of twenty (20) percent of the total lot area shall be devoted to open space, including required yards and bufferyards. 2/3 8/31/2020 (Ord. No. 5012, art. 4, 10-2-17) Cape Girardeau, MO Code of Ordinances Editor's note— Ord. No. 5012, art. 4, adopted Oct. 2, 2017, repealed the former § 30-325 and enacted a new section as set out herein. The former § 30-325 pertained to similar subject matter and derived from Ord. No. 4790, art. 1, adopted Sep. 14, 2015. 3/3 8/31/2020 Cape Girardeau, MO Code of Ordinances Sec. 30-333. - C-1, general commercial district. (a) Purpose. The C-1 district is primarily intended for areas of the city located along minor thoroughfares and adjacent to residential districts. Appropriate uses for this district include commercial developments not requiring long term outdoor display of merchandise, as well as certain governmental, institutional, and community service facilities. Other uses having the potential to significantly affect adjacent residential districts may be allowed with approval of a special use permit. (b) Permitted principal uses. (1) Art galleries or museums. (2) Banks or other financial institutions. (3) Bed and breakfasts. (4) Commercial day cares. (5) Commercial recreation facilities, excluding driving ranges or outdoor shooting or racing. (6) Funeral homes or mortuaries. (7) Governmental facilities. (8) Health or fitness centers. (9) Institutions of higher education, including business, career or technology schools. (10) Instructional schools for art, dance, music, martial arts or other disciplines. (11) Libraries. (12) Medical marijuana dispensary facilities, as permitted in section 30-415, supplemental regulations. (13) Microbreweries. (14) Middle schools, secondary schools, or development centers for people with physical, mental or developmental disabilities. (15) Nurseries or greenhouses. (16) Nursing homes. (17) Offices. (18) Parks or playgrounds. (19) Personal service establishments. (20) Pet grooming facilities, excluding kennels. (21) Police or fire stations. (22) Residential treatment facilities. (23) Restaurants or bars. (24) Retail or rental establishments, excluding the sale or rental of outbuildings, vehicles, or large agricultural or construction equipment. (25) Television or radio studios, including any transmitting facilities. (26) Transit terminals. (27) Veterinary clinics or animal hospitals, excluding livestock. (28) Wineries. (c) Permitted accessory uses. (1) Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-403, 1/3 8/31/2020 Cape Girardeau, MO Code of Ordinances supplemental regulations. (2) Short term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (3) Solar energy systems, as permitted in section 30-410, supplemental regulations. (d) Special uses. (1) Banquet facilities. (2) Hotels or motels. (3) Kennels. (4) Long term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (5) Meeting halls. (6) Mini warehouses or self -storage units. (7) Public utilities, except for buildings or accessory structures that are normal and customary in a zoning district which would allow other buildings or structures of the same nature as a use -by -right. (8) Short term or long term use of shipping containers for principal uses, as permitted in section 30-402, supplemental regulations. (9) Telecommunication towers, as permitted in section 30-404, supplemental regulations. (10) The allowance of additional height up to a total of sixty (60) feet, not to exceed a total of five (5) stories. (11) Transitional housing. (12) Uses involving the sale or rental of outbuildings, vehicles, or large agricultural or construction equipment. (13) Vehicle fueling, service or repair facilities, excluding body or paint shops. (14) Vehicle washing facilities, including automatic or hand wash. (15) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. (e) Standards. (1) All storage of merchandise, materials, products or equipment shall be within a fully enclosed building or in an open yard so screened that the items being stored are not visible from the street or any adjacent property. (2) Outdoor display of merchandise is prohibited, except as follows: a. Merchandise may be displayed outdoors as part of a temporary use, as permitted in section 30-406, supplemental regulations. Nursery stock, accessory landscaping decorations, and seasonal and holiday decorations may also be displayed outdoors during the appropriate season. Such displays are permitted in accordance with the following provisions: 1. Displays shall not be located in a right-of-way. 2. Displays shall not be located in parking spaces used to meet the minimum number of parking spaces as required elsewhere in the City Code. Displays that are part of a bazaar, craft sale, garage or yard sale, or similar temporary event are exempt from this requirement, as determined by the city manager. 3. Displays shall not impede vehicular or pedestrian access. 4. Displays shall not alter the structure of any building. 5. Displays shall not create a health or safety hazard. 2/3 8/31/2020 Cape Girardeau, MO Code of Ordinances 6. Displays shall be well kept and orderly. 7. Signs may be displayed as permitted elsewhere in the City Code. 8. The display of seasonal items shall be limited to a time period that is customary for the season associated with the display, which shall be at the discretion of the city manager. (3) Outdoor service areas and equipment such as loading docks, mechanical equipment, storage areas or waste containers shall be located in the rear or side yard and screened as required elsewhere in the City Code. (f) Height, area, width, setback and open space requirements. (1) Maximum height: Forty (40) feet, not to exceed three (3) stories. (2) Minimum lot area: None. (3) Minimum lot width: None. (4) Minimum setbacks: a. Front yard: Twenty-five (25) feet. b. Rear yard: None, except twenty (20) feet when adjacent to a residential use or district, or ten (10) feet when adjacent to an agricultural use or district. c. Side yard: None, except twenty (20) feet when adjacent to a residential use or district, or ten (10) feet when adjacent to an agricultural use or district. (5) Minimum open space. Fifteen (15) percent of the lot area. (Ord. No. 5211 , art. 4, 7-15-19) Editor's note— Ord. No. 5211 , art. 41 adopted July 15, 2019, repealed the former § 30-333 and enacted a new section as set out herein. The former § 30-333 pertained to similar subject matter and derived from Ord. No. 5025, art. 1, adopted Nov. 20, 2017. 3/3 Staff: Kelly Green, P.E., City Engineer Agenda: 9/8/2020 SUBJECT An Ordinance vacating the City's interest in the Utility Easement located in Star Vue Subdivision, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The City received a vacation request from Bradley Schlosser of Star Vue Subdivision. The requested vacation is not contrary to any current City plans. STAFF RECOMMENDATION Staff recommends approval of the attached Ordinance vacating the City's interest in the Permanent Utility Easement located in Star Vue Subdivision, as shown in yellow on the attached map. PUBLIC OUTREACH A notice of Public Hearing was published in the Southeast Missourian on August 25, 2020. A Public Hearing was held September 8, 2020. ATTACHMENTS: Name: Description: D UtilityeFasement Star We Subdivision.doc Ordinance D Star We Subdivision Plat-Faserwnt Vacation.pdf Map BILL NO. 20-136 AN ORDINANCE THE UTILITY SUBDIVISION, MISSOURI ORDINANCE NO. VACATING THE CITY'S INTEREST IN EASEMENT LOCATED IN STAR VUE IN THE CITY OF CAPE GIRARDEAU, WHEREAS, the City Council has received a request from Bradley Schlosser of Star Vue Subdivision, to vacate a utility easement, in the City of Cape Girardeau, Missouri; and WHEREAS, a public hearing was held on September 8, 2020, at which time all interested parties were afforded the opportunity to speak in favor of or in opposition to the proposed vacation of the utility easement; 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 utility easement 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 utility easement 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 utility easement be vacated. ARTICLE 2. The City's interest in the utility easement located in the following described real estate: A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF FRACTIONAL SECTION 26, TOWNSHIP 31 NORTH, RANGE 13 EAST, CAPE GIRARDEAU, CAPE GIRARDEAU COUNTY, MISSOURI AND BEING PART OF A TRACT OF LAND AS DESCRIBED IN WARRANTY DEED RECORDED IN DOCUMENT #2014-06465 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID TRACT, SAID POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT OF WAY LINE FOR U.S. HIGHWAY 61 AND WITH SAID LINE, S 54053'00"E, 25.03 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE AND WITH THE FOLLOWING COURSES AND DISTANCES OF SAID TRACT, S 34042'25"W, 201.41 FEET; THENCE S 55010'55"E, 128.05 FEET; THENCE S 36°02130"W, 278.07 1 FEET; THENCE S 0042'00"E, 295.52 FEET TO THE POINT OF BEGINNING: THENCE FROM THE POINT OF BEGINNING, S 0042'00"E, 163.92 FEET; THENCE S 89018'00"W, 234.41 FEET; THENCE N 0042'00"W, 152.46 FEET; THENCE N 86030'00"E, 234.69 FEET TO THE POINT OF BEGINNING AND CONTAINING 37,081 SQUARE FEET. is hereby vacated. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF ATTEST: Bruce Taylor, Deputy City Clerk 2 Bob Fox, Mayor 2020. a EL SURDI�IISIQN DEDATION: �+ RECORD r p L A T THE UNDERSIGNED, STAR VUE RENTALS, LLC, OWNER OF A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF FRACTIONAL SECTION 26, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE STAR VUE SUBDIVISION GIRARDEAU, STATE OF MISSOURI, DESCRIBED BY WARRANTY DEED RECORDED IN DOCUMENT NUMBER 2014-06465 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LEXINGTON AVE LEGENp; A MINOR SUBDIVISION LOCATED IN THE NORTHWEST QUARTER OF FRACTIONAL BEGINNING AT THE NORTHERNMOST CORNER OF SAID TRACT, SAID CORNER BEING ON THE SOUTHWESTERN RIGHT OF WAY LINE OF U.S. HIGHWAY fit/NORTH KINGSHIGHWAY, AND WITH SAID RIGHT OF WAY LINE, THENCE S 54`53'00"E, 25.03 FEET; THENCE LEAVING E EXISTING SECTION, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, SAID RIGHT OF WAY LINE AND WITH THE LINES OF SAID WARRANTY DEED, ALSO WITH THE NORTHWESTERLY LINE OF A TRACT OF s ti����9rs S SET LAND DESCRIBED BY WARRANTY DEED RECORDED IN DOCUMENT NO. 2007-15604, S 34'42'25"W, 201.41 FEET; THENCE o SET 1/2" IRON PIPE. IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI 5 55'10'55"E, 128.05 FEET. s 36'02'34"W, 278,07 FEET; THENCE S 0'42'40"E, $60.86 FEET; THENCE s 79'55'45"1N, �� '�'a� THENCE '835.95 FEET; THENCE N 0 Z7 30 W, 1301.63 FEET; THENCE S 70'43 45 E, 56.44 FEET; THENCE S 39. 44 45 E, 142.34 FEET; t`' keys UNLESS NOTED OTHERWISE ) APRIL 20, 2©20 THENCE S 56'27'20"E, 187.86 FEET; THENCE S 67'49'15"E, 134.66 FEET; THENCE S 76'41'50"E, 87.75 FEET; THENCE Qcr� (M) MEASURED STANCE N 83'18'05"E, 78.12 FEET; THENCE N 3727'35""E, 169.25 FEET; THENCE N 252'40"E, 80.87 FEET; THENCE N 5'20'14"W, 102.07 �9y d RIGHT-OF-WAY MARKER FEET; THENCE N 19'09'14]E, 117.90 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN WARRANTY DEED yOPP� P.O.B. POINT OF BEGINNING RECORDED IN DOCUMENT NO. 2010-01893; THENCE S 49'18'50"E, 179.47 FEET; THENCE N 34'4{1'35"E, 201.84 FEET TO THE POINT SUBDIVISION BOUNDARY LINE OF BEGINNING AND CONTAINING 21.03 ACRES, a NEW LOT LINE y HEREBY DECLARE THAT WE HAVE CAUSED SAID LAND TO BE SUBDIVIDED INTO LOTS AS SHOWN HEREON, AND DO HEREBY NAME SAID SCALE: 1"=100' ADJOINER PROPERTY LINE SUBDIVISION "STAR VUE SUBDIVISION". THE UTILITY EASEMENTS SHOWN HEREON ARE HEREBY GRANTED TO THE CITY OF CAPE p ___________ EXISTING EASEMENT LINE GIRARDEAU, MISSOURI IN PERPETUITY FOR PUBLIC PURPOSES, INCLUDING THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, 0 50 100 200 E AND EXPANSION OF CITY WATER AND SEWER SYSTEMS, AND AS MAY BE AUTHORIZED BY THE CITY OF CAPE GIRARDEAU, MISSOURI 1�ISSOUT�Iq HIGHWAY K z _ _ , _ \ NEW EASEMENT LINE TO BE USED BY A PUBLIC OR PRIVATE UTILITY PROVIDER FOR PURPOSES RELATED TO THE INSTALLATION, MAINTENANCE, REPAIR, ( REPLACEMENT, AND EXPANSION OF SUCH UTILITY SYSTEMS. THE SUBDIVISION SHALL BE SUBJECT TO COVENANTS AND RESTRICTIONS BEARINGS ARE REFERENCED TO GRID — _ — BUILDING SETBACK LINE ��1s AS SET OUT IN A SEPARATE INSTRUMENT ON FILE IN THE LAND RECORDS OF SAID COUNTY. NORTH, OF THE MISSOURI STATE PLANE CHURCH ENTERPRISES, LLC f �` COORDINATE SYSTEM (EAST ZONE), - - - T INGRESS -EGRESS EASEMENT WARRANTY DEED RECORDED LOCATION MAP OBTAINED FROM GPS OBSERVATION. IN DOC. 2010-01893 RIGHT OF WAY LINE 45', P.O.B. STAR VUE RENTALS, LLC S 54'53'00" E NOT TO SCALE � CENTERLINE SEE CENTER DETAIL B"- 25.03 S 4918'50" 50 EEXISTING NEW 10' UTILITY EASEMENT 1 179,47 (M) BUILDING E s BRADLEY SCHLOSSER, MANAGING MEMBER �O � ,C Q�tO 1E (l..51 '/SW) N 3,V40'35"E-_ FLOOD PLAIN STATEMENT: eF-pp� E 25' BLDG LINE a N 19'09 10 E 117.90' (M) 201,84 (+ : -...```P ,�� �, �Rf41 STATE OF MISSOURI cQUNTY QF SS �.�-° eA r� S1• �, 01 ExISTIN THIS TRACT IS LOCATED IN ZONE X -AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOOD N 34'42'25" E C�` p0O� p`��� Opp 2b2.45' _BUILDING t~J'„ [�' 4 ON THIS _ DAY OF _� �, IN THE YEAR 2020 BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, PERSONALLY APPEARED BRADLEY SCHLOSSER, MANAGING MEMBER OF STAR VUE RENTALS, LLC, A MISSOURI LIMITED LIA131LITY COMPANY, KNOWN HAZARD AS SHOWN BY THE F.E.M,A. F.I.R.M. PANEL NO. a �Q. /� S 34 42 25 W 29031CO266E, DATED SEPTEMBER 29, 2011. / � 201.41' (M) TO ME TO BE THE PERSON DESCRIBED HEREIN WHO EXECUTED THE WITHIN INSTRUMENT IN BEHALF OF SAID LIMITED LIABILITY COMPANY AND ACKNOWLEDGED THAT HE EXECUTED THE SAME AS THE FREE ACT AND DEED OF SAID LIMITED LIABILITY COMPANY FOR .. S 70'43'45" E E ' C N 5!20'10" W 4. ACRES UNIQUE BABY, THE PURPOSES THEREIN STATED. SEE E E 56.44' (M) 102.07' (M) 198481 SQUARE FEET BENEFICIARY DETAIL A n` BENEFICIARY DEED 1 RECORDED IN IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, THE DATE FIRST ABOVE WRITTEN. -� ,-. NEW 25' PRIVATE �f %DOC. wS �\ 2Q1$e-10581 INGRESS/EGRESS / O2 \ Q Q EASEMENT SHOWN S 5510'55 E sr fir, BY SEPARATE DOCUMENT t S /1, NOTES: � F F.a O � E _ / 128.05'(M) �S3/� NEW ZD' UTILITY J I r CD a cn a rG ��, �� �-`` fc0 ® ® <1\ - �- n � EASEMENT NEW 10' UTILITY "' N 2`52 40 E / EASEMENT A/ / �k, _ NOTARY PUBLIC / J 1. THIS SURVEY CONFORMS TO THE ACCURACY STANDARDS FOR URBAN PROPERTY AS w m r�,F.�' Off- O`Z°� � -. / L- E S 10' BLDG. LINE �- 80.87 (M) // // `• / MY COMMISSION EXPIRES / '� COMMISSION NUMBER DEFINED BY CODE OF STATE REGULATIONS 2 CSR �- �pN G � S�+• E 1 -� p1 / 90-60.040(2) a OQ �.� X32 a // , 1 ````J 1b s- / 0 ��• 2. RECORD TITLE INFORMATION WAS PROVIDED BY MIDWEST LAND TITLE �� �� N 3727'35" E /�� / /,/'� y> EXISTING 15' SANITARY+ �J / / f /ham LLC, FILE N0. 2001118, DATED JANUARY 17, 2020. m S 76'41'50"E ;� ¢ EASEMENT RECORDED IN[/ry E .� . 169.25 (M) r§'� / /A �"' _/ Q /ORDINANCE NO. 586, SECTION 24 F 87.75 4J`' \ / / 1.6 / � � . CERTIFICATION: 3. ALL MONUMENTS WILL BE SET AFTER CONSTRUCTION IS COMPLETE OR raj � (M} / / „,� �^a. ,r ,hj I% / / '� / / ,/� EW 2O' UTILITY ES ` - \ / I HEREBY CERTIFY THAT ON MAY 26, 2020, 1 COMPLETED A SURVEY FOR THE ABOVE DESCRIBED PROPERTY AND SUBDIVIDED IT AS S 6T49'15 E ` S i / 'S �— UNIQUE BABY, LLC / '� ,� SHOWN ON THE PLAT IN ACCORDANCE WITH THE CURRENT MISSOURI STANDARDS FOR PROPERTY BOUNDARY SURVEYS. WITHIN 12 MONTHS WHICHEVER OCCURS FIRST. -� E S 67'42'40" E I 134.66 (M) 5' &LDC. N -_ S / I 11.07' ! S� BENEFICIARY DEED _ F15w93' N 25'32 1 O E 125' RECORDED IN0.46' f SURVEY AND PLAT BY: 1 \ 54.59' 1 DOC. 2018-10581 S 83'118'05" IN w--- -' N 18'15'00" E 78.1 (M) 39,43" 1 CROCKETT ENGINEERING CONSULTANTS, LLC I 1000 W. NIFONG BLVD. BUILDING 1 1 REFERENCES: { fa. COLUMBIA, MO 65203 y N 89'18'00' E J o �, NEW 25' UTILITY(�tp� I RIGHT-OF-WAY PLANS FOR U.S. HIGHWAY 61 SUPPLIED BY MODOT z 113.66' 4' f j { Co I N EASEMENT �, I PO 1 �l�,y, CORPORATE NUMBER: 20001513434 O O I N n � Oc' q I I � - / DAVID T. BUTCHER, PLS 2002014095 UNRECORDED SURVEY BY PLS -2015000226 DATED AUGUST 31, 2017 �(a�]S p�O� ,�; I � 25' BLDG. LINE � I �' o '71� l�Zoc� WARRANTY DEED, DOC.# 2014-06465 M �,'��' O �� a��g� O`�4'pD,o' ,I I I {,�E. o�°`� I { I p' �p� 1 DATE WARRANTY DEED, DOC.# 2006-10949 m gF.p� �q� G, ��� I 4 � I �F'� WARRANTY DEED, DOC. 2010-41893 0 �p�� pp `� `� I m aG G r i J �" I �1 O ��' DETAIL A STATE OF MISSOURI SS WARRANTY DEED, DOC.# 2007-15604 �. PO a I r� •- �O ¢ I { z L � NOT TO SCALE COUNTY OF BOONE WARRANTY DEED, BOOK 533, PAGE 42.8 � � 1 1 ` r7 ,bra � 11 I ' { I � N 89'38'35' W� UTILITY EASEMENT, BOOK 301, PAGE 568 `�? i I I ; { SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF IN THE YEAR 2020. ONLINE MAPPING RECORDS FOR CAPE GIRARDEAU COUNTY, ^,5°°°ti I -_-'25.00' _ - c,'`1'° _` --__-----L, 2a �; J _/ �Q, r ' HTTP://GISCAPECOUNTY.US/TAXPARCELVIEWER/ ___-_____-___-_---_- I --------------S- m �- __�_ {I NOTARY PUBLIC ��1 _�J KENNETH FARRIS MY COMMISSION EXPIRES APRIL 22, 2022 r O / 0 0 _ �� to COMMISSION NUMBER 14965667 / 079 ;_0� 51 725'35" E n 141 I \S\ -o" DOSTING EASEMENT FOR UTILITY PURPOSES- ELECTRIC, S 89'1 107.95' Chi 00 KENNETH FARRIS Q WATER AND NATURAL GAS DISTRUBUTION I __--25' BLDG. LJNE Notary Public, NatarX Seal St � $ 1 � AND TRANSMISSION EASEMENT RECORDED IN �� '�- 6 - I BOOK 301, RAGE 56$ --�� - _ _- � - -- — �.- �� 00 �, J Core Coate of unty Commission #14965667 BONING INFORMATION: a GPa�OF-O q c _ _ I -�--� S 2 S 89' 18'00" W 234.41' `\ /I,/ / My Commission Expires: 04-22-2022 15' SANITARY A ITA ZONING R-4, MEDIUM DENSITY MULTIFAMILY RESIDENTIAL DISTRICT MAX. DENSITY 1$ UNITS PER ACRE 0 pt�'D ��0 °ti w o �. EASEMENT INCt C:)J d � �, M ����ACtiC� ORDINANCE NO. 586, SECTION 24 'ae�'4 ity I, CITY CLERK OF THE CITY OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PLAT WAS NUMBER OF LOTS = 2 cpC� (, y� I m i /�� ,� 5 03' APPROVED BY THE CITY OF CAPE GIRARDEAU, MISSOURI BY ORDINANCE N0. ,PASSED AND APPROVED THIS - TOTAL AREA OF SUBDIVISION 21.03 ACRES (916,082 SQ. FT.) G1 / ? 4 rV DAY OF 2024. SMALLEST LOT SIZE = 4.56 ACRES (198,481 SQ. FT.) LARGEST LOT SIZE = 16.47 ACRES (717,fi4}1 5Q. FT.) ©� S� NEW 20' LlTILiiY'O' O 7 28.35' 4 ' \ `� ESMT. ��re��� `57%1�� � �r�0 16.47 ACREC�t p�p � f �4,��q��pG � MAX. HEIGHT: 5 STORIES NOT TO EXCEED 60 FEET J a � O SPp Fz�- ��° EQF.� 717,601 SQUARE FEET ���5, p�0 % r r'r%. CITY CLERK, CITY OF CAPE GIRARDEAU, MISSOURI I� MIN. LOT AREA: EACH TOWNHOUSE MUST BE ON cn © a 0� Ol ,I C.p�` 0 tip R FZ 66 E( �v� aF,-O e�p / E (1.51'/Sw} f ���RPOpG' rl©� ?` 25' BLDG. LINE A SEPARATE PLATTED LOT CONSISTING OF AT LEAST 1,400 SQ. FT. r �tA�y , STATE OF MISSOURI SS ALL OTHERS AT LEAST 3,750 SQ. FT. a COUNTY OF CAPE GIRARDEAU MIN. LOT WIDTH: TOWNHOUSE 20 FEET -�- ALL OTHERS NONE I 4 FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF DEEDS OF CAPE GIRARDEAU COUNTY, MISSOURI, MIN. YARD REQUIREMENTS: IN DOCUMENT NO. AT JACKSON, MISSOURI, THIS DAY OF , 2020. FRONT YARD = TOWNHOUSE 10 FEET - ALL OTHERS 25 FEET =j REAR YARD = TOWNHOUSE 24 FEET - ALL OTHERS 25 FEET � � E SIDE YARD = TOWNHOUSE NONE - ALL OTHERS 5 FEET C-6 (5.89'S/3.11 `E) DETAIL B ANDREW DAVID BLATTNER MAX. BUILDING COVERAGE = 50 PERCENT OF THE LOT FOR ALL USES �1?� M DG Bila In 5 NOT TO SCALE RECORDER OF DEEDS OF CAPE GIRARDEAU COUNTY, MISSOURI EXCEPT TOWNHOUSES E����r� MIN. OPEN SPACE = 20 PERCENT OF THE TOTAL LOT AREA �r���- `� C0 op o °16' STAR VUE SUBDIVISION 4�� .p g�' 00 S - 835.95 ( � o�-�'a'° of f s,�'fi 0 f S„ 'l S 79.55 4 p G�Y�R .` A SURVEY IN NORTHWEST QUARTER OF FRACTIONAL SECTION 26„ TQWNSHP 31 NORTH, RANGE 13 EAST OF THE _TI-Iar�ni *� � Oac ► �-�.-' D FIFTH PRINCIPAL MEI. IN THE CITY AND COUNTY OF CAPE GIFiARC1EAU, STATE OF MISSOURI S` ' T HE ' E ' REVISION DATE: DESCRIPTION:INITIALS: ©.+UM R -�Q REVISIONS BASED ON CITY COMMENTS CORPORATE HIL MBER: 2000151304 6 f DWS PLS -2002014095 . - 3/2020 DATED 5/22/2020 Q �, QUARTER SECTION LINE TQC1906� NOTHING FOUND OR SET �` ••• OW•NO .•• cf' .......• �`� ENGINEERING CONSULTANTS 1., 6/19/2020 OA�TEi0��9�02a ON CITY COMMENTS D� PROJECT:� DATE: �*Q L 1000 W. Nitcog Blvd., Building 1 ` 4/�/ `►►1 � IfZo 2020 Columbia, Missouri 65203 00 OpC,BEAVERCREEK ESTATES RECORDED IN PLAT BOOK 19, PAGE 8 DAVID T, BUTCHER_ RAWN BY: SCALE: (573) 447-0~297 196699 PROFESSIONAL LAND SLFIVEYORJOB 7/2/2020 DA�D4REVISI6�q D ON CITY COMMENTS M E , g �. www.crocketten IneerIn Com a EL Staff: Ryan Shrimplin, AICP - City Planner Agenda: 9/8/2020 SUBJECT An Ordinance approving the record plat of Star Vue Subdivision. EXECUTIVE SUMMARY The attached ordinance approves a record plat for a two -lot subdivision on North Kingshighway. BACKGROUND/DISCUSSION A record plat has been submitted for Star Vue Subdivision on North Kingshighway, zoned R-4 (Medium Density Multifamily Residential). The plat subdivides a tract to form two new lots. 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 10, 2020 meeting, recommended approval of the record plat with a vote of 6 in favor, 0 in opposition, and 1 abstaining. ATTACHMENTS: Name: Description: ® Record Plat- Star Vue Subdivision.doc Ordinance D Staff Review -Referral -Action Form.pdf Star Vue Subdi\ision - Staff RRA Form D Map _-_Star Vue Subdivision (Entire Tract . f Star Vue Subdi\lsion - Map D Subdivision Plat Application-Signed.pdf Star Vue Subdl\ision - Application D 190699 -Star Vue Subdivision.ndf Star Vue Subdi\ision - Record Plat BILL NO. 20-137 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF STAR VUE SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Star Vue Subdivision, being a minor subdivision located in the Northwest Quarter of Fractional Section 26, Township 31 North, Range 13 East of the Fifth Principal Meridian, in the City and County of Cape Girardeau, State of Missouri, submitted by Star Vue Rentals, LLC, bearing the certification of David Thomas Butcher, a Registered Land Surveyor, dated the 15th day of July, 2020, 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 , 2020. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Star Vue Subdivision LOCATION: 1927 North Kingshighway STAFF REVIEW & COMMENTS: A record plat has been submitted to create a new lot for a multi -family development at 1927 North Kingshighway. SEE STAFF REPORT FOR MORE DETAILS. 4�& �w ` - mezzo City Planner Date L4kx � 9 City A e Date CITY MAR-iEFERRAL TO THE PLANNING AND Z ity Manager Date Planning & Zoning Commission RECOMMENDED ACTION: Favor Oppose Abs in Favor Oppose Abstain Larry Dowdy ❑ ❑ al Bruce Skinner ❑ ❑ ❑ Jeff Glenn ❑ ❑ ❑ Doug Spooler �?' ❑ ❑ Kevin Greaser Y" ❑ Li Ed Thompson ai/' L3 Derek Jackson ❑ ❑ Tom Welch Cd' ❑ ❑ Patrick Koetting Ei, ❑ ❑ VOTE COUNT: Favor L Oppose Abstain COMMENTS: CITIZENS COMMENTING AT MEETING: wv� Kevin Greaser Planning & Zoning Commission Secretary City Council Action Ordinance I" Reading Ordinance 2nd & 3rd Reading: ORDINANCE # Effective Date: STAR VUE SUBDIVISION 2002801 ° 20012001 A01 2150°1 ° 2001 2601 ° •2b01 20011 201 ° 20012001 GJ1921 o g" 192319231923 23 i 1840 °1833 G C0- - O 1820 CO ° ° 1823 i N 1810 W E CITYOf CAPE G I R A R D E A U Legend Created by: Development Services Carol Peters Q Star Vue Subdivision i Ma 5, 2020 0 95 190 380 Feet Parcels y SUBDIVISION PLAT APPLICATION CITY of CAPE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT 401 INDEPENDENCE ST CAPE GIRARDEAU MO 63703 573 339-6327 Name of Subdivision Star Vue, Plat No. 1 Type of Plat ❑ Boundary Adjustment ❑ Preliminary ❑ Record Applicant David T. Butcher Property Owner of Record (if other than Applicant) Starview Development, LLC. Mailing Address 1000 W. Nifong, Building 1 City, State, Zip Columbia, Mo. 65203 Mailing Address 1927 N. Kingshighway St. City, State, Zip Cape Girardeau, Mo. 63701 Telephone 573-447-0292 Email dbutcher@crockettengineering.com Telephone 573-450-0107 Email ssinc2@yahoo.com 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) Mailing Address City, State, Zip Mailing Address City, State, Zip Telephone Email Telephone Email ADDITIONAL ITEMS In addition to this completed application form, the following items must be submitted: REQUIRED Review Fee (payable to City of Cape Girardeau) Single -Family or Two -Family Residential: $20.00 per lot ($100.00 minimum) Multi -Family Residential: $20.00 per dwelling unit ($100.00 minimum) See Instructions for more Non -Residential : $20.00 per acre ($100.00 minimum) information. ✓ 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 to cityplanning@citvofcape.org) ✓ Completed minimum requirements checklist 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. Furthermore, I hereby acknowledge that the plat submitted with this application must meet certain requirements in order to be approved including, but not limited to: a) successfully addressing all review comments, and b) any and all new public improvements for the subdivision being completely installed and ready for acceptance by the City and/or covered under a performance guarantee agreement in accordance with the City's Code of Ordinances. If I am an agent, I hereby certify that I have notified the Propert wner(s) of Record and the developer of these requirements. )VI, ,� Z>AVIo T14410 12OZO Applicant Signature and Printed Name Date OFFICE USE ONLY Date Received & By File # MUNIS Application # MUNIS Permit # Review Fee Received $ Recording Fee Received $ Preliminary and Record Plats: Planning & Zoning Commission Recommendation ❑ Check # ❑ Credit Card ❑ Cash Date City Council Final Action Date Revised 12/06/2019 CITY OF CAPE GIRARDEAU SUBDIVISION PLAT APPLICATION INSTRUCTIONS Preliminary plats (required for phased subdivisions) and record plats are subject to the subdivision plat process, which consists of reviews by the City staff, the Planning and Zoning Commission, and the City Council. Boundary adjustment plats do not go through the subdivision plat process. Instead, they are reviewed by staff only and if approved, staff submits the plat prints to the Cape Girardeau County Recorder of Deeds Office for recording. A boundary adjustment plat cannot create additional lots, reduce existing lots below the required minimum size, or change easement or utility lines. Applicants who are unsure of which type of plat they need to submit or who have other questions should contact: City of Cape Girardeau Planning Services Division 401 Independence Street Cape Girardeau, MO 63703 (573) 339-6327 cityplanning@cityofcape.org For preliminary plats and record plats, the application deadline is four (4) weeks prior to the Planning and Zoning Commission meeting date. The Commission meets monthly on the second Wednesday. Applications must be delivered to the Planning Services Division using the above contact information. City staff will review each application for completeness. If required information and/or items are missing, the applicant will be contacted. Incomplete applications will not be reviewed until the requested information and/or items are provided. Once an application has been deemed complete, it will be placed on the next Planning and Zoning Commission agenda. Staff will review the plat for compliance with the subdivision plat requirements (see attached) as well as the City's zoning and subdivision regulations. If a resubmission is necessary, a staff review letter will be prepared and sent to the applicant. The resubmission and review process continues until all staff comments have been successfully addressed and the plat is in its final form. A staff report will be prepared and delivered to the Planning and Zoning Commission one (1) week prior to the meeting. The staff report, along with the meeting agenda, will also be delivered to the applicant. The staff report will contain one of the following recommendations: a) approval of the plat; b) approval of the plat, subject to staff's comments being successfully addressed; c) denial of the plat; or d) action on the plat be tabled (postponed). If the plat is not in its final form by this time, the staff report will recommend b, c, or d. At the meeting, the Planning and Zoning Commission will review the plat and make a recommendation to the City Council. The applicant or their representative must attend the meeting to answer any questions regarding the plat. A plat must be in its final form in order to be reviewed by the City Council. It is the applicant's responsibility to be informed as to the status of the plat and to address any issues affecting the review schedule. Once staff has determined that a plat is in its final form, the applicant will be notified to submit a digital file of the plat in .dxf format and the requisite number of prints. Each print must be signed and sealed by the professional surveyor and, in the case of a record plat, contain the notarized signature of each Property Owner of Record. The deadline for submitting prints is one (1) week prior to the Council meeting. If the subdivision created by the plat involves new public improvements (such as water or sanitary sewer mains, streets, street lights, or sidewalks), then those improvements must be completely installed and ready for acceptance by the City and/or covered under a performance guarantee agreement in accordance with the City's Code of Ordinances before the City Council reviews the plat. The City Council will vote on a motion to approve the plat. Preliminary plats are approved by motion and do not go on to the next Council meeting. Record plats are approved by ordinance and must receive approval of the first reading at one meeting and approval of the second and third readings at the next meeting. If approved, the plat prints will be signed by the City Clerk, who will also affix the City seal to them. For a preliminary plat, the developer may then proceed with the submission of the record plat for the first phase of the subdivision. For a record plat, the City Clerk will wait until the mandatory ten (10) day waiting period for ordinances has passed before signing and sealing the prints. Staff will then submit the plat prints to the Cape Girardeau County Recorder of Deeds Office for recording. Staff will notify the applicant when their copy of the recorded plat is ready for pick-up. Revised 12/06/2019 City of Cape Girardeau Subdivision Plat Requirements MINIMUM REQUIREMENTS FOR BOUNDARY ADJUSTMENT PLATS — COMPLETE CHECKLIST AND SUBMIT WITH APPLICATION (First column of check boxes is for professional engineer/surveyor; second column is for City staff) NAME OF SUBDIVISION: STAe, VVE lljtr-, KI u, i El ❑ Sheet size - 18" x 24", 24" x 24", or 24" x 36" ID ❑ White background with black text and graphics; greyscale allowed; no other colors 0 ❑ Border - rectangular, solid line(s) 0 ❑ Title block - include name, address, and phone number of consultant preparing the plat; include box for original issue date and at least 3 revision issue dates ❑ 8 Sheet number, if plat consists of more than one sheet * ❑ Plat title - located at the top of the sheet, preferably centered; use standard boundary adjustment title * ❑ Description beneath plat title - if existing platted lots are involved, begin with "ALL OF" or "PART OF" as applicable; include Block Number if applicable; include Book and Page or Document Number of existing plat; include vacated right-of-way/alley if applicable; end with "IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI" 0 ❑ References - list all deeds, plats, separate easement instruments, etc. used in preparing the plat; include Book and Page or Document Number for each, if recorded 0 ❑ North arrow with basis of bearings R1 ❑ Graphic scale - 1:100 or less; must be a multiple of 10 0 ❑ Vicinity map - lines only (no images); all nearby streets and major streets labeled; site labeled; include North arrow and "NTS" or "NOT TO SCALE" 0 ❑ Legend - list found monuments first, followed by set monuments, followed by: "SUBDIVISION BOUNDARY LINE", "NEW LOT LINE" and/or "LOT LINE TO BE ELIMINATED" as applicable, "EXISTING EASEMENT LINE" if applicable, "BUILDING SETBACK LINE", "ADJACENT PROPERTY LINE", "RIGHT-OF-WAY LINE", "CENTERLINE", other symbols as applicable El Curve table and/or line table, if necessary - include unit symbols for distances/lengths 0 ❑ Subdivision boundary and internal lines accurately drawn and labeled with bearing and distance or referenced to curve table/line table ED ❑ Section/township/range lines accurately drawn and labeled El ❑ Adjacent parcel lines accurately drawn 0 ❑ Subdivision boundary and internal lots checked for closure 0 ❑ Each tract clearly labeled with tract number and area expressed in square feet and acres; tract numbering to begin with tract(s) being transferred, followed by tract(s) being enlarged, followed by tract(s) being reduced 0 ❑ All parcels within and adjacent to the subdivision boundary labeled with record owner name and Book and Page or Document Number for deed 0 ❑ All existing platted lots within and adjacent to the subdivision boundary labeled with subdivision name and Book and Page or Document Number for plat 0 ❑ All existing easements within the subdivision boundary labeled as existing; include type of easement (water, sewer, utility, access, etc.); include Book and Page or Document Number, if recorded 0 ❑ All building setback lines within the subdivision boundary labeled; include depth ❑ 8 All rights-of-way within and adjacent to the subdivision boundary labeled with street name (or labeled as alley if applicable) and right-of-way width 0 ❑ Notes: • Zoning - include zoning district name, minimum lot area, minimum lot width, maximum density if applicable, and setbacks; if zoning district has different standards based on land use type, include all standards and state the proposed use type(s) • Lot - include total number of lots, largest lot area, smallest lot area, and total subdivision area; do not include transfer tracts in total number of lots or largest and smallest lot areas • Floodplain - begin with "A PORTION OF THE PROPERTY FALLS WITHIN" or "NO PORTION OF THE PROPERTY FALLS WITHIN", as applicable; if referencing a zone designation, state what that designation means 0 ❑ List each record owner name and Book and Page or Document Number for deed, name and address of party for whom the plat was prepared, name and address of consultant that performed the survey and prepared the plat R] ❑ Legal description for each tract - use standard headers 0 ❑ Legal descriptions checked against drawing for congruence Revised 12/06/2019 MINIMUM REQUIREMENTS FOR BOUNDARY ADJUSTMENT PLATS (CONTINUED) 0 ❑ If plat only involves one owner: Owner signature line(s) with notary block(s) - include title after signatory name if owner is not an individual; include "HUSBAND AND WIFE," if applicable; include "A [insert state name] LIMITED LIABILITY COMPANY," or "A [insert state name] CORPORATION," if applicable 0 ❑ County Recorder of Deeds' certification - use standard block 2 ❑ Surveyor's certification block Revised 12/06/2019 SUBDIVISION DEDICATION: RECORD P L A T THE UNDERSIGNED, STAR VUE RENTALS, LLC, OWNER OF A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF FRACTIONAL STAR VUE SUBDIVISION SECTION 26, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED BY WARRANTY DEED RECORDED IN DOCUMENT NUMBER 2014-06465 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LEXINGTON AVE LEGEND: A MINOR SUBDIVISION LOCATED IN THE NORTHWEST QUARTER OF FRACTIONAL BEGINNING AT THE NORTHERNMOST CORNER OF SAID TRACT, SAID CORNER BEING ON THE SOUTHWESTERN RIGHT OF WAY LINE OF 9 U.S. HIGHWAY 61 /NORTH KINGSHIGHWAY, AND WITH SAID RIGHT OF WAY LINE, THENCE S 54-53'00"E, 25.03 FEET; THENCE LEAVING s �S E EXISTING SECTION 26, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, SAID RIGHT OF WAY LINE AND WITH THE LINES OF SAID WARRANTY DEED, ALSO WITH THE NORTHWESTERLY LINE OF A TRACT OF y� SET LAND DESCRIBED BY WARRANTY DEED RECORDED IN DOCUMENT NO. 2007-15604, S 34°42'25"W, 201.41 FEET; THENCE " o SET 1 /2 IRON PIPE IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI S 55°10 55 E, 128.05 FEET; THENCE S 36°02 30 W, 278.07 FEET; THENCE S 0°42 00 E, 860.86 FEET; THENCE S 79°55 45 W, NOTED OTHERWISE) 835.95 FEET; THENCE N 0°27'30"W, 1301.63 FEET; THENCE S 70°43'45"E, 56.44 FEET; THENCE S 39°44'45"E, 142.34 FEET; (UNLESS APRIL 20, 2020 THENCE S 56°27'20"E, 187.86 FEET; THENCE S 67°49'15"E, 134.66 FEET; THENCE S 76°41'50"E, 87.75 FEET; THENCE Q�o�`` �iti0s y%y�9y (M) MEASURED DISTANCE N 83°18'05"E, 78.12 FEET; THENCE N 37°27'35"E, 169.25 FEET; THENCE N 2°52'40"E, 80.87 FEET; THENCE N 5°20'10"W, 102.07 o RIGHT-OF-WAY MARKER FEET; THENCE N 19°09'10"E, 117.90 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN WARRANTY DEED HOPPER RD P.O.B. POINT OF BEGINNING RECORDED IN DOCUMENT NO. 2010-01893; THENCE S 49°18'50"E, 179.47 FEET; THENCE N 34°40'35"E, 201.84 FEET TO THE POINT SUBDIVISION BOUNDARY LINE OF BEGINNING AND CONTAINING 21.03 ACRES. NEW LOT LINE Z HEREBY DECLARE THAT WE HAVE CAUSED SAID LAND TO BE SUBDIVIDED INTO LOTS AS SHOWN HEREON, AND DO HEREBY NAME SAID Of SCALE: 1"=100' ADJOINER PROPERTY LINE SUBDIVISION "STAR VUE SUBDIVISION". THE UTILITY EASEMENTS SHOWN HEREON ARE HEREBY GRANTED TO THE CITY OF CAPE EXISTING EASEMENT LINE GIRARDEAU, MISSOURI IN PERPETUITY FOR PUBLIC PURPOSES, INCLUDING THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, 0 50 100 200 E AND EXPANSION OF CITY WATER AND SEWER SYSTEMS, AND AS MAY BE AUTHORIZED BY THE CITY OF CAPE GIRARDEAU, MISSOURI MISSOURI SrgTE HIGHWAY K s z _ _ _ _ _ _ NEW EASEMENT LINE TO BE USED BY A PUBLIC OR PRIVATE UTILITY PROVIDER FOR PURPOSES RELATED TO THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF SUCH UTILITY SYSTEMS. THE SUBDIVISION SHALL BE SUBJECT TO COVENANTS AND RESTRICTIONS BEARINGS ARE REFERENCED TO GRID - - - BUILDING SETBACK LINE \� �� NORTH, OF THE MISSOURI STATE PLANE AS SET OUT IN A SEPARATE INSTRUMENT ON FILE IN THE LAND RECORDS OF SAID COUNTY. CHURCH ENTERPRISES LLC COORDINATE SYSTEM (EAST ZONE), INGRESS-EGRESS EASEMENT WARRANTY DEED RECORDED \�y OBTAINED FROM GPS OBSERVATION. IN DOC. 2010-01893 RIGHT OF WAY LINE # 6J P.O.B. LOCATION MAP S 54.53'00" E STAR VUE RENTALS, LLC NOT TO SCALE CENTERLINE / SEE"' 25.03' DETAIL B S 49° 18'50" E EXISTING NEW 10' UTILITY EASEMENT O 179.47' (M� BUILDING E SE BRADLEY SCHLOSSER, MANAGING MEMBER P�00 i (1.51'/SW) Qv�p�° N 34.40'35" E �`L`b N 19.09' 10" E , 25' BLDG LINE FLOOD PLAIN STATEMENT: ppQF' �F.p of o �o e °�- E 2o1.s4' (M) °� % , ��� � � P 1 17.90 (M) � ^' // OO' °��'Y STATE of MlssouRl SS COUNTY OF THIS TRACT IS LOCATED IN ZONE X-AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOOD O��P�\� EXISTIN� \`\ G gyp\ \�� p� N 34'42'25" E % BUILDING \ C�' �% �FSJ 0 202.45' lm ON THIS _____ DAY OF ---------------- IN THE YEAR 2020 BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, PERSONALLY APPEARED BRADLEY SCHLOSSER, MANAGING MEMBER OF STAR VUE RENTALS, LLC, A MISSOURI LIMITED LIABILITY COMPANY, KNOWN HAZARD AS SHOWN BY THE F.E.M.A. F.I.R.M. PANEL N0. 2O , j S 34° 42 25�W y� TO ME TO BE THE PERSON DESCRIBED HEREIN, WHO EXECUTED THE WITHIN INSTRUMENT IN BEHALF OF SAID LIMITED LIABILITY 29031 CO266E, DATED SEPTEMBER 29, 2011.201.41' (M) / \� COMPANY AND ACKNOWLEDGED THAT HE EXECUTED THE SAME AS THE FREE ACT AND DEED OF SAID LIMITED LIABILITY COMPANY FOR S 70° 43 45" E N 5.20' 10" W E 4.56 ACRES UNIQUE BABY, LLC E 56.44' (M) SEE BENEFICIARY DEED THE PURPOSES THEREIN STATED. 102.07' (M) 198481 SQUARE FEET/ E / / E\ DETAIL A RECORDED IN NEW PRIVATE /DOC.# IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, THE DATE FIRST ABOVE WRITTEN. w \s 2018-10581 INGRESS SS25' /EGRESS / 02 \ z < z �° EASEMENT SHOWN ° „ I BY SEPARATE DOCUMENT S 55 10'55" E S ���� NOTES: ? cv ��5� p�OF,O mss'- E ,\ �,, /vim� NEW 20' UTILITY 1 28.05'(M) m M Y o � � �F.C' ��� �, N' EASEMENT � � ��� �/� cV N NEW 10' UTILITY �' �� EASEMENT I NOTARY PUBLIC 1. THIS SURVEY CONFORMS TO THE ACCURACY STANDARDS FOR URBAN PROPERTY AS DEFINED BY CODE OF STATE REGULATIONS 2 CSR CC„ m F- G`�\'`P�F.O �o� �c. 0 0 �p\� N 2°52'40" E j� a /\ �;// o�'/ `� h 10' BLDG. LINE 0 E S 80.87'(M) // // I� _1 / MY COMMISSION EXPIRES COMMISSION NUMBER S6• ��\ �/ E / �� ��,./ 90-60.040(2). X. 2. RECORD TITLE INFORMATION WAS PROVIDED BY MIDWEST LAND TITLE w J o 6� �86' F N 37.27'35" E /�� / °� / v EXISTING 15' SANITARY ��oc '° ��J S 76 41 50 E ` / /�`' �, / EASEMENT RECORDED IN \ liy / / 1�5 A LLC, FILE NO. 2001 118, DATED JANUARY 17, 2020. N o , , ,, ORDINANCE NO. 586, SECTION 24 E� 87.75 (M) 169.25 (M) /o�o�' / /o^� j / �„o \ 1.6' \ // , , CERTIFICATION: C) `' / ,p`�' ��\ I HEREBY CERTIFY THAT ON MAY 26, 2020, I COMPLETED A SURVEY FOR THE ABOVE DESCRIBED PROPERTY AND SUBDIVIDED IT AS 3. ALL MONUMENTS WILL BE SET AFTER CONSTRUCTION IS COMPLETE OR m S 6749 '15 E s UNIQUE BABY LLC SHOWN ON THE PLAT IN ACCORDANCE WITH THE CURRENT MISSOURI STANDARDS FOR PROPERTY BOUNDARY SURVEYS. WITHIN 12 MONTHS WHICHEVER OCCURS FIRST. NEW 20' UTILITY ESMT I \ E S 67'42'40" E ' � / \ 134.66 (M) S' RLDC s ( 15;93' / / 11.07' S� BENEFICIARY DEED �j/ E 1 ` 0.46' CON 25'32'10" E 25' RECORDED IN \ / SURVEY AND PLAT BY: 54.59' / / DOC.# 2018-10581 S 83.18'05" W �- _ I 15'00" E < 78.12' CROCKETT ENGINEERING CONSULTANTS, LLC CD (M) 39.43' // 1000 W. NIFONG BLVD. BUILDING 1 REFERENCES: o _-_ r I / '°' / �/ /o. I COLUMBIA, MO 65203 oN II 89'1800" E I I I NEW 25' UTILITY / Cq RIGHT-OF-WAY PLANS FOR U.S. HIGHWAY 61 SUPPLIED BY MODOT z �, 113.66' I I N N EASEMENT �o- / �� �NF CORPORATE NUMBER: 2000151304 0 o S� �° I N I 'CDi N DAVID T. BUTCHER, PLS-2002014095 UNRECORDED SURVEY BY PLS-2015000226 DATED AUGUST 31, 2017 Z ��v G0�° " ,Y; I I I o 25' BLDG. LINE M � WARRANTY DEED, DOC.# 2014-06465 bP SPF. gF,p �0 Oti '0 I o \° / 0,01 o ' g DATE WARRANTY DEED, DOC. 2006-10949 Y �G �1t° I Io Z I 0o��P N STATE OF MISSOURI DEED, DOC.# 2010-01893 Ss WARRANTY DEED, DOC.# 2007-15604 CO o l I Z L NOT TO SCALE COUNTY OF BOONE WARRANTY DEED, BOOK 533, PAGE 428 _z o j 1 °P��O i� 6 I I N 89'38'35" 0/ I UTILITY EASEMENT, BOOK 301, PAGE 568 z I i I 25_00' Z SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF IN THE YEAR 2020. MAPPING RECORDS FOR CAPE GIRARDEAU COUNTY,---- m 1hpp0`L0' I I - J /ONLINE __________z t--- ��f zo' o Q--------- 10 HTTP://GISCAPECOUNTY.US/TAXPARCELVIEWER/ _ __________________Oy J / I / NOTARY PUBLIC 3::��� o J - KENNETH FARRIS MY COMMISSION EXPIRES APRIL 22, 2022 s� m h � COMMISSION NUMBER 14965667 N EXISTING EASEMENT FOR UTILITY PURPOSES- ELECTRIC, S 89'18'00"10795 �✓ 5, 77?5'35" E o KENNETH FARRIS p WATER AND NATURAL GAS DISTRUBUTION _-_--25' BLDG. LINE O Notary Public, Nota Seal State Public, Missouri 9 \ AND TRANSMISSION EASEMENT RECORDED IN Z BOOK 301, PAGE 568 ----- _ ___ -� � - - T� o00 _ / Cole County Commission #14965667 ZONING INFORMATION: � ; P�0 y c pyo S -� �S Z s 89° 18'00" W 234.41',, w \�� �c My Commission Expires: 04-22-2022 �° �G ZONING R-4, MEDIUM DENSITY MULTIFAMILY RESIDENTIAL DISTRICT MAX. DENSITY 18 UNITS PER ACRE Q OOFF.O �� 1��� 00 EASEMENT RECORDED IN o Z o ORDINANCE N0. 586, SECTION 24 J / Gh, I, CITY CLERK OF THE CITY OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PLAT WAS o m Y Q�\�,\�P�CI P� pG moo o�,`� 4 o�' NUMBER OF LOTS = 2 N m \� ° m I o �J�O APPROVED BY THE CITY OF CAPE GIRARDEAU, MISSOURI BY ORDINANCE NO. PASSED AND APPROVED THIS TOTAL AREA OF SUBDIVISION = 21.03 ACRES (916,082 SQ. FT.)z ,��� 5.03' / ��y O N / �'' o`er ti° NEW 20' UTILITY yFi� °° �/ DAY OF 2020. SMALLEST LOT SIZE = 4.56 ACRES (198,481 SQ. FT.) LARGEST LOT SIZE = 16.47 ACRES (717,601 SQ. FT.) m g m ���E�O I ESMT. \ �0 ,o •Sy/C 235 �� P� oo \ �T�i oo � z P\' 0� // 16.47 ACRES G N \,\, O �� p 5' BLDG. LINE S y 717,601 SQUARE FEET 11 �� \SST �qy MAX. HEIGHT: 5 STORIES NOT TO EXCEED 60 FEET J o SQ°�� �F- ���01 // CITY CLERK, CITY OF CAPE GIRARDEAU, MISSOURI \��P�SG°�05 0 MIN. LOT AREA: EACH TOWNHOUSE MUST BE ON N o o P� OF' \� ��C� 6N E E 1.51 ' SW ( / \ A SEPARATE PLATTED LOT CONSISTING OF AT LEAST 1,400 SQ. FT. �1P�� O°�' I S�p\�o J \ / 25' BLDG. LINE I STATE OF MISSOURI SS ALL OTHERS AT LEAST 3,750 SQ. FT. �10� .�1P\� O o COUNTY OF CAPE GIRARDEAU BLDG. LINE MIN. LOT WIDTH: TOWNHOUSE 20 FEET - ALL OTHERS NONE I I N / FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF DEEDS OF CAPE GIRARDEAU COUNTY, MISSOURI, MIN. YARD REQUIREMENTS: I I IN DOCUMENT NO. AT JACKSON, MISSOURI, THIS DAY OF 2020. FRONT YARD = TOWNHOUSE 10 FEET - ALL OTHERS 25 FEET w REAR YARD = TOWNHOUSE 20 FEET - ALL OTHERS 25 FEET Z SIDE YARD = TOWNHOUSE NONE - ALL OTHERS 5 FEET _ (6.89'S/3.1 VE) DETAIL B ANDREW DAVID BLATTNER MAX. BUILDING COVERAGE = 50 PERCENT OF THE LOT FOR ALL USES I m 5 G. LINES NOT TO SCALE ".' E RECORDER OF DEEDS OF CAPE GIRARDEAU COUNTY, MISSOURI EXCEPT TOWNHOUSES MIN. OPEN SPACE = 20 PERCENT OF THE TOTAL LOT AREA �\,\ � OP pp�OF. "M STAR VUE SUBDIVISION - 35 g5' �M� 00 �o P� ��-1� / ' w a P� ° F •• S �� A SURVEY IN NORTHWEST FRACTIONAL SECTION TOWNSHIP NORTH, RANGE EAST THE 45 �'� `LO° S 79 55pP� �P� ��` �� ••''• QUARTER OF 26, 31 13 OF G�'� G �� FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI DABUTCHEERAS•••� , CO = E F,O OF'F'p1°� ° O C> * : : * REVISION DATE: DESCRIPTION: INITIALS: o . NUMBER °p �. PLS-2002014095 : 6/3/2020 REVISIONS BASED ON CITY COMMENTS pWg CORPORATE NUMBER: 2000151304 �� �Q� P\`\ QUARTER SECTION LINE �� �� ��,•.°• �,� DATED 5/22/2020 0 U \S O p��jP� °0 °.•��,`�� '�j�`�cS'/O•••••••°•S��� PROJECT: DATE: ENGINEERING CONSULTANTS REVISIONSBASED ON CITY COMMENTS PTCI `10 NOTHING FOUND OR SET-/i,�,��L ;;,`,`���� 6/19/2020 DWB 190699 4/20/2020 1000 W. Nifong Blvd., Building 1 A DATED Opp' BEAVERCREEK ESTATES RECORDED IN PLAT BOOK 19, PAGE 8 DAVID T. BUTCHER Columbia, Missouri 65203 DRAWN BY: SCALE: (573) 447-0292 JOB#190699 PROFESSIONALO00201495RVEYOR 7/2/2020 DATED0NS BASED 6/9/2020 ON CITY COMMENTS pyyg EWD/DWB 1"=100 g g www.crock¢tten in¢erin com Gayle L. Conrad, CMC/MRCC, Staff: Director of Citizen Services/City Agenda: Clerk 9/8/2020 SUBJECT Appointment of one member to the Planning and Zoning Commission for a term expiring November 1, 2023. EXECUTIVE SUMMARY Douglas Spooler,due to moving outside of city limits, resigned from the Planning and Zoning Commission August 19, 2020. The following have expressed interest in serving on the board, and a copy of their application, the board roster and attendance roster are attached for your review. Applicant Ward Citizen Academy Graduate Scott Blank =1 No Mary Darby ® No Sunil Mungee ® No Alyssa Phares 0 No Melissa Stickel ® No Sid Whittington ©No Teresa Wilke ©No Deborah Young 0 No BACKGROUNDMISCUSSION The commission may make reports and recommendations relating to the plan and development of the city to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens. It may recommend to the executive or legislative officials of the municipality programs for public improvements and the financing thereof All public officials shall, upon request, furnish to the commission within a reasonable time, all available information it requires for its work. The commission, its members and employees, in the performance of its functions, may enter upon any land to make examinations and surveys. In general, the commission shall have the power necessary to enable it to perform its functions and promote municipal planning. The commission shall consist of nine (9) citizen members appointed and approved by the city council. Members of the planning and zoning commission shall serve for terms of four years, beginning on the second day of November. GENERAL DIRECTION Unless directed otherwise, one appointment to the Planning and Zoning Commission for a term expiring November 1, 2023, Will appear on a future agenda for consideration. ATTACHMENTS: Name: Description: © Blank.Scott.07-06-20.pdf Blank, Scott D Darby.Mary.8-16-19.pdf Darby, Mary ® Mungee.Suni1.08-07-20.pdf Mungee, Sunil © Phares.A1yssa.04-16-20.pdf Phares, Alyssa ® Sticke1.Melissa.08-19-20.pdf Stickel, Melissa Whittin,2ton.Sid.11-05-19.12df Whittington, Sld ® Wi1ke.Teresa.08-19-20.pdf Wilke, Teresa Young.Deborah.08-12-204df Young, Deborah © Roster.docx Planning and Zoning Roster U roster attendance.PLANNINGpdf Planning and Zoning Attendance Roster CITY OF CAPE GIRA"EAU, MISSOURI Roster of Advisory Boards and Committees August 17, 2020 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. Expires Larry Dowdy Kevin Greaser Jeff Glenn Thomas Welch Derek Jackson Ed Thompson Patrick Koetting Bruce Skinner Vacant Planning and Zoning Commission Date Appointed October, 15, 2012 November 1, 2020 September 19, 2016 November 1, 2020 March 18, 2013 November 1, 2020 October 21, 2010 November 1, 2021 November 19, 2018 November 1, 2022 November 19, 2018 November 1, 2022 October 20, 2014 November 1, 2022 June 20, 2016 November 1, 2023 November 1, 2023 Date Reappointed 10/17/16 10/17/16 8/4/14; 10/21/13; 07/05/16; 11/04/19 Term 10/17/16 11/06/17 11/19/18 Serve four-year terms, appointed by Council. Meetings held second Wednesday at 7:00 p.m. in Council Chambers. Commission reviews and recommends actions on zoning changes and land subdivision and plans for the city. Board considers requests for variances from the Development Code provisions. Staff contact — Ryan Shrimplin, City Planner, 339-6327. PLANNING AND ZONING ADVISORY COMMISSION Attendance Record Ordinance effective 4/13/00 P = present, A = absent 2020 2nd Wednesday Jan 8 Feb 12 Mar 11 Apr (Zoo May I (Zoorl Jun 10 Jul 8 Aug Sep Oct Nov 12 9 14 11 Dec Abs 9 March 1st letter 2nd 3rd termi- letter letter nated Dowdy, Larry P P P P P P P A P 07/12/18 P Glenn, Jeff P P A P P A P P P P P Greaser, Kevin A P P P P P P P P P P Jackson, Derek P P P P P P P A P P P Koetting, Patrick P P P P P P P P 05/10/18 12/31/18 Skinner, Bruce P P P P P A A P 3 07/10/20 Spooler, Douglas P P P P P P P Resi ned 8/19/20 A P Thompson, Ed Welch, Thomas P P P A P A P P P I P P P P P P P I 1 1 01/11/18 P 2019 2nd Wednesday Jan 9 Feb 13 Mar 13 Apr 10 May 8 Jun 12 Jul 10 Aug 14 Sep 11 Oct Nov Dec 2 13 11 Abs March 1st 2nd 3rd letter letter letter termi- nated Dowdy, Larry P P P P P A P C P P P 2 07/12/18 Glenn, Jeff P A P P P P P a PP 0 Greaser, Kevin P P P P P P F, P • P 2 Jackson, Derek P P P P P P P o A ` P 0 Koetting, Patrick P P P P A P P a P P 3 05/10/18 12/31/18 Skinner, Bruce P P P P P P P i A P 0 Spooler, Douglas P P P P P P P 1 P T A 0 Thompson, Ed P A P P P P P a cf A P ' P P 0 0 01/11/18 Welch, Thomas P P P A P P P Staff: Agenda: 9/8/2020 SUBJECT Advisory Board Minutes • Airport Advisory Board Minutes, August 11, 202 ■ SEMPO Technical Planning Committee Minutes, August 5, 2020 ■ SEMPO Board of Directors Minutes, July 15, 2020 ATTACHMENTS: Name: Description: ❑ AAB Minutes 08-11-2020.pdf Airport Ad\isory Board Minutes ❑ SEMPO Minutes TPC 2020 0808 05DRAFT.ndf SEMPO Technical Planning Committee Minutes ❑ SEMPO Minutes Board 2020 07 15DRAFT.ndf SEMPO Board of Managers Minutes CITE of CAPE GIRARDEAU REGIONAL AIRPORT - CGI Cape Girardeau Regional Airport Advisory Board Meeting - Minutes Tuesday August 11, 2020 The Cape Girardeau Regional Airport Advisory Board held their regular meeting on August 11, 2020, at 11:30am at Sandy's Restaurant. Board Members Present: Ryan Dewrock, Chairman Mark Welker, Vice Chairman Mark Seesing, Board Member Joe Uzoaru, Board Member Justin Davidson, Board Member Richard Knote, Board Member Mike Marshall, Board Member Beverly Cleair, Board Member Jeff Brune, Board Member Absent: Call to Order/Approval of Minutes Staff Present: Katrina Amos, Airport Manager Audrey, Airport Support Specialist Derrick Irwin, Flight Line Manager Special Appearances(s): None The meeting was called to order at 11:33am. The July 14, 2020 minutes were not available for approval but will be provided at the September meeting. II. Appearances - None Ill. Old Business A. Airport Activity Report— Ms. Amos presented the July 2020 Airport Usage Report. Enplanement numbers were up 100% with 355 revenue passengers. We continue to see a 68% decrease when compared to 2019. Mike Mooney with Volaire Aviation consulting firm currently projects CGI will finish the year with 4,800 enplanements, a 59% decrease from 2019. Additionally, aviation traffic is not expected to return to 2019 levels until 2022. Discussion continued on the topic. B. Cape Aviation Report — Mr. Irwin reported fuel sales continue to trend upward but recognizes traffic is still not back to normal levels yet. There was no further discussion. C. Projects — • Terminal Area Master Plan (TAMP) — Ms. Amos reported the Terminal Area Forecast (TAF) has been submitted to the FAA for review and approval. Some of the highlights/key assumptions in the TAF include: ➢ CGI will remain an EAS airport ➢ Continue regional jet service with two (2) daily flights ➢ COVID Downturn — 2021 project recovery 90% of 2019 enplanements ➢ 40-50% load factors by 2030 ➢ Up -gauge to 65 seat regional jet by 2030 ➢ SEMO Pilot Program expected to increase airport traffic count Ms. Amos noted she provided the Board's feedback from the previous meeting to the consultant to consider when further developing site concepts. IV. New Business - A. Airport AED Purchase — Ms. Amos informed the Board that AED's have been purchased for the airport terminal and Cape Aviation. Training will be given to airport, airline, and TSA employees so all are equipped to use the device if the need arises. B. TSA COVID Reimbursement— Ms. Amos reported she was informed of CARES Act funding available through TSA for additional cleaning of security checkpoint areas due to COVID. Ms. Amos is working to put together a reimbursement package for submission. C. 2020 Part 139 Inspection — Ms. Amos informed the Board the 2020 Part 139 inspection has been postponed due to COVID-19. Ms. Amos stated airport operations staff will continue with necessary repairs to the airfield despite the cancelation. V. Non -Agenda — A. Airport Foundation — Ms. Amos asked if the Board would consider revisiting the Airport Foundation and projects it could support. Since the airport is moving forward with a new terminal, the original use of the funds collected is no longer necessary. Ms. Amos would like to utilize the funds available to re -paint the A-4 jet on display. It has a fair amount of sun damage and the paint is fading considerably. Mr. Knote agreed to find the by-laws he drafted and send them to the Board for review. More discussion continued with many members being in favor of using the funds to repaint the display jet. B. Pilot's Club Event — Ms. Amos informed the Board the Cape Pilot's Club has planned a "Fly -In Picnic Day" to take place September 13t". It's not expected to be a large event and they will adhere to current City mask and social distancing policies. C. SEMO Pilot Program —Ms. Amos reported she will participate in a meeting with Southeast Missouri State University to interview potential vendors for the Pilot Program scheduled to begin Fall 2021. D. Election of Officers — Mr. Dewrock asked when a new election of Board officers will take place. Ms. Amos agreed to find out and report back at the next meeting. VI. Adjournment - There being no other business Mr. Knote moved to adjourn the meeting. Mr. Davidson seconded the motion. All were in favor. The meeting was adjourned at 12:40pm. Minutes prepared by: Katrina Amos Airport Manager Southeast 5EMPO Metropolitan Planning Organization TECHNICAL PLANNING COMMITTEE MEETING MINUTES August 5, 2020 Via Zoom Technical Planning Committee (TPC) Voting Members Present: Ms. Katrina Amos, Cape Girardeau Regional Airport (Cape Airport) Mr. Rodney Bollinger, City of Jackson Mr. Drew Christian, Southeast Missouri Regional Planning & Economic Development Commission (SEMO RPC) Mr. John Mehner, Cape Girardeau Area MAGNET Mr. Scott Perry, Bootheel Regional Planning Commission (Bootheel RPC) Mr. Larry Payne, Cape Girardeau County (alternate for Mr. Charlie Herbst) Mr. Ryan Shrimplin, City of Cape Girardeau Ms. Kelley Watson, Cape Girardeau County Transit Authority (CTA) Technical Planning Committee (TPC) Non -Voting Members Present: Mr. Mike Brandon, Missouri Department of Transportation (MoDOT) Mr. Thomas Caldwell, Illinois Department of Transportation (IDOT) Mr. Joe Killian, Missouri Department of Transportation (MoDOT) Ms. Britni O'Connor, Missouri Department of Transportation (MoDOT) Mr. Brian Okenfuss, Missouri Department of Transportation (MoDOT) Ms. Betsy Tracy, Federal Highway Administration (FHWA), Illinois Division Staff Present: None Program Administration/Support Consultant Present: Ms. Marla Mills, KLG Engineering Call to Order Chairman Christian called the meeting to order at 11:00 a.m. Intrnductinn. Each person in the meeting made an introduction, identifying themselves and their organization. Adoption of Agenda The agenda of the August 5, 2020 Technical Planning Committee Meeting was unanimously approved upon motion made by Mr. Mehner and seconded by Mr. Payne. Southeast Metropolitan Planning Organization TPC Meeting Minutes August 5, 2020 Page 2 of 4 Approval of Minutes The minutes of the July 1, 2020 Technical Planning Committee Meeting were unanimously approved as amended upon motion made Mr. Mehner and seconded by Mr. Payne. Communications from the Chairman Chairman Christian stated that he will reserve his communications for Member Reports. Public Comments Chairman Christian asked if there were any comments from the public regarding items not on the agenda. There were none. New/Unfinished Business FY 2020-2023 TIP Amendment No. 5 — Discussion Mr. Christian introduced FY 2020-2023 TIP Amendment No. 5. The first project is a job order contract for erosion control where the estimated total cost is double than the original estimate. Therefore, an amendment is necessary. The second project is an on-call work zone enforcement project. The last project fell within the guidelines of an administrative modification. This third project will be sent on for review but will be handled administratively. Mr. Christian noted he will update the project costs and Mr. McElroy will send the project to FHWA for review. TIP Amendment No. 5 will follow the typical process. No action is being taken on this amendment today as it must go to ONE DOT for their 35 -day review first. TIP Amendment No. 5 will be brought to the TPC in September to recommend approval. Mr. Killian noted that the erosion control project is within the Southeast District with little area within the SEMPO area. However, because a portion of the project might fall within the SEMPO area, it is required to be included in the TIP. He noted that the second project is a State FY 2022 on-call work zone enforcement project and it needs to be included in the TIP prior to the spring so it can be awarded whenever Highway Safety is ready. This is for law enforcement to enforce speed and other laws within the work zone and something that is done every year. It must be included as some of the work zones are within the SEMPO area. Generally, federal funds are used for this but sometimes state funds are needed. There was a question regarding the 35 -day review period and whether that could be reduced and this be moved to an earlier meeting. It cannot due to the public comment period. Mr. Christian noted that the on-call work zone enforcement has been in the TIP previously. Metropolitan Transportation Plan Update — Update Mr. Shrimplin reported that two statements of qualifications were received and disseminated to the subcommittee for review and preliminary scoring. The committee has elected to interview both firms. Mr. McElroy will schedule those interviews when he returns from vacation. Southeast Metropolitan Planning Organization TPC Meeting Minutes August 5, 2020 Page 3 of 4 Pedestrian Transportation System ADA Assessment — Update Ms. Mills passed on a report from Mr. McElroy noting that the QA/QC process is wrapping up by the end of the week, and field data collection with the interns is complete. Their last day was July 31. Lochmueller will be moving on to digging into data analysis and translating that into plan documentation for our communities. Member Reports — Mr. Shrimplin noted that he had updates on TTF5 projects. Fountain Street, from William St. to Independence St., had additional geotechnical study done and the report was submitted to the city engineer who is discussing with city management. Independence St., from North Broadview St. to Caruthers Ave., is moving but is a lengthy process because there are a lot of affected property owners. Several commercial properties are affected by the additional lanes created, requiring additional right of way. Staff is taking time to work through the issues. Lochmueller is the consultant and they have done some design work showing how the property owners would be affected. Tim Richmond is sharing plans with the property owners, getting comments, and working through issues. For the Main St. project, from Robert St. to E Cape Rock Dr., staff has decided not to do a public meeting and will focus on meeting individually with the affected property owners. It was determined it would be too difficult to do anything virtually as many of the residents are elderly and previous conversations have confirmed that a virtual meeting would be challenging. The consultants are on the design phase of the Sprigg St. project, from William St. to Broadway. The city did a traffic study at the intersection of Sprigg St. and William St. to see if a southbound right turn lane onto Sprigg St. at William St. was warranted. The study revealed that it is not warranted and they are now looking at the opposite corner in the southwest quadrant to see what improvements can be added there. The West End Boulevard project, from Rose St. to Bertling St., required approval from the Corps of Engineers which has now been obtained. The consultant is in the process of finalizing plans. Easements have been reviewed and the consultant has updated those documents. City of Jackson — Mr. Bollinger reported on the asphalt overlay project in the South Industrial Park subdivision and noted that the County is making great progress. The overlay is under way and will be wrapping up soon. The roundabout on E Main St. at Shawnee Blvd. is closed out now and Mr. Bollinger thanked everyone who attended the ribbon cutting. On the annual asphalt pavement improvement program, Apex Paving Co. is starting work next Monday, August 10 on Farmington Road. The annual concrete pavement improvement program is out to bid and will be awarded this month and started next month. Due to the recent flooding, the City is trying to fast track some new bridge replacement projects. Both of these are low water crossings in the city park, and the City will be taking a close look at replacing those sooner than later. Cape Girardeau County — Mr. Payne noted they have one project out to bid to get a gravel road ready to be paved with asphalt. CTA — Ms. Watson reported that their ridership is staying around the 70% mark. Their building is temporarily closed because there was flood damage from rain. It will tentatively only be closed until the end of week. They are still operating but with no public access. Cape Airport — Ms. Amos reported they are moving forward with projects discussed last month. They are up 100% compared to last month for boardings, hitting 355 passengers. The airport Southeast Metropolitan Planning Organization TPC Meeting Minutes August 5, 2020 Page 4 of 4 has to navigate the new travel ban put in place by the City of Chicago. The ban does not affect connecting flights or if traveling to areas outside the City. She noted there is more information on the website. She said things are moving in a positive direction. SEMO RPC — Mr. Christian noted they are working on the TIP Amendment and administrative modification as previously discussed. He noted they are also working on the annual listing of obligated projects for the MPO. MoDOT — Mr. Okenfuss reported there are some big changes with Center Junction Diverging Diamond Interchange Project starting as early as August 17. They have started to reach out to some of the businesses, Sportsplex, and North County Park about the changes. Traffic will be shifting to the new lanes, particularly on the east side of the interchange which is where a lot of that work has been going on. The configuration will be in place for about 6 weeks and then everything east of the interchange will be in its final configuration. For this 6 -week period there will be no left turns across US 61. Motorists will be required to make U-turns beyond the limits of the project. He noted that the work is required to be done and once it is completed everything on the east side will be functional, including the signal at the Sportsplex. Contractors have tentatively scheduled this work to begin on August 17 but there is some additional work that is required to be completed before then so MoDOT will have to wait to finalize the date. Mr. Okenfuss noted that MoDOT needs to coordinate with the City of Jackson about the work on US 61 north of the Courthouse where pavement repairs are required. MoDOT would like to start August 16th, if that is acceptable with the City. Mr. Okenfuss also reported they have been working with Mr. Mehner and the developer on a Transportation Development District (TDD) on US 61 north of Lexington Ave. They are in conversations with the City about what they would need to fulfill a permit. The developer is proposing to add a signal into North Pointe Center, building some outer roads, and consolidating some of the entrances. IDOT — Mr. Caldwell had no report. FHWA — Ms. Tracy had no report. Staff Report No staff report. Other Business and Communications There was no other business or communications. Adiournment Motion There being no further business, the meeting was unanimously adjourned at 11:26 a.m. upon motion made by Mr. Payne and seconded by Mr. Perry. Respectfully submitted, Marla Mills Southeast SEnnPO Metropolitan Planning Organization BOARD OF DIRECTORS MEETING MINUTES July 15, 2020 Via Zoom On Line Conference Board Voting Members Present: Mr. Bob Fox, City of Cape Girardeau Mr. Dwain Hahs, City of Jackson Mr. Charlie Herbst, Cape Girardeau County Mr. Scott Meyer, City of Cape Girardeau Mr. Tom Mogelnicki, Cape Girardeau County Transit Authority (CTA) Mr. Jim Roach, City of Jackson Mr. Jeremy Tanz, Southeast Missouri Regional Planning & Economic Development Commission (SEMO RPC) Board Non -Voting Members Present via phone: Ms. Betsy Tracy, Federal Highway Administration (FHWA) IL Division Technical Planning Committee (TPC) Members Present via phone: Ms. Katrina Amos, Cape Girardeau Regional Airport (Cape Airport) Mr. Rodney Bollinger, City of Jackson Mr. Tom Caldwell, Illinois Department of Transportation (IDOT) Mr. Joe Killian, Missouri Department of Transportation (MoDOT) Mr. John Mehner, Cape Girardeau Area MAGNET Mr. Brian Okenfuss, Missouri Department of Transportation (MoDOT) Mr. Ryan Shrimplin, City of Cape Girardeau Staff Present on Call: Mr. Alex McElroy, City of Cape Girardeau Program Administration/Support Consultant Present: Ms. Marla Mills, KLG Engineering Guest Presenter: Ms. Cheryl Sharp, Lochmueller Group Southeast Metropolitan Planning Organization Board Meeting Minutes July 15, 2020 Page 2 of 5 Call to Order Chairman Hahs called the meeting to order at 2:06 p.m. Introductions Mr. McElroy introduced those members on the conference call. Adoption of Agenda The agenda of the July 15, 2020 Board of Directors Meeting was unanimously approved upon a motion made by Mr. Mogelnicki and seconded by Mr. Roach. Approval of Minutes The minutes of the June 17, 2020 Board of Directors meeting were unanimously approved upon a motion made by Mr. Mogelnciki and seconded by Mr. Tanz. Communications from the Chairman Chairman Hahs reserved his comments for member reports. Public Comments Reaardina Items Not on the Aaenda Chairman Hahs asked if there were any comments from the public regarding items not on the agenda. There were none. New/Unfinished Business Americans with Disabilities Act Pedestrian Transportation Infrastructure Condition Assessment — Quarterly Project Update Mr. McElroy introduced Cheryl Sharp of the Lochmueller Group. Ms. Sharp is the Manager of Traffic and Multi -modal Analysis for Lochmueller and is in charge of their traffic studies and planning group. Ms. Sharp shared a power point presentation with the group that outlined the purpose of study, their process, progress, and then next steps. She reminded the group that this plan is an initial step to lay the groundwork for a full ADA transition plan for all municipalities within the SEMPO region and is focused on the non-MoDOT right of way only. She then went through the process which was based on the MoDOT ADA checklist. She noted that about 90% of the sidewalks have been surveyed and they are starting their QA/QC process. They have created over 10,000 data points. The next step is completing the quality check and then they will move into data analysis and summarizing into a report. That report will include an overview, federal and local policies, data analysis and summary of the process, and recommendations. This will be a report for each of the cities, Jackson and Cape Girardeau, and not just one report. One piece of Southeast Metropolitan Planning Organization Board Meeting Minutes July 15, 2020 Page 3 of 5 information they need from each city is their grievance policies. She expects to have a draft in late October and she plans to update the Board again at that time. Metropolitan Transportation Plan (MTP) Update — Discussion Mr. McElroy reminded the committee that the TPC established a subcommittee for vetting of the Request for Qualifications (RFQ) for the MTP update. The MTP document is an all-encompassing document for SEMPO, much like a comprehensive plan for a city. The MTP looks at every mode of transportation within the planning region. It is a very important document and serves as the umbrella for other studies like the ADA project. It is a federally required plan. The subcommittee and the Cape Girardeau City Attorney reviewed the RFQ before it was sent out. There were 15 firms solicited directly with 5 of those being local and the other 10 being regional that Mr. McElroy found to have some good transportation planning experience. In addition, the RFQ has been posted on the SEMPO website and the American Planning Association's national and Missouri chapter websites. Mr. McElroy noted that if anyone had additional firms, they would like solicited, he could reach out to those as well. The RFQ was sent out on the 8th and responses are due on the 27th. He has been contacted by a couple of firms that have received it and will be responding. Mr. McElroy noted that he would like to have a contract in front of the Board by August or September for consideration. It has to go to TPC first and they will then make a recommendation to the Board. Our current plan expires February 2021 and the current plan was updated in February 2016 by the SEMO Regional Planning Commission. Member Resorts City of Cape Girardeau — Mr. Fox noted the City is finalizing TTF5 projects including Fountain Street, Independence, West End Boulevard, Main Street and Sprigg Street. The City won't start TTF6 until TTF5 is almost complete. Normal asphalt and repair projects are going on. Cape Airport — Ms. Amos reported they had some good news this month. They are back to 2 flights per day and up to 190 enplanements as of today. They have received the operations portion of the Cares Act in the amount of $6.1 million. They can now start working on projects with that funding. They are moving forward with the terminal area master plan. They had a Board meeting yesterday with discussion on some of the details. They are in negotiation to purchase a needed 60 acres. This is moving forward and they are hopeful it can be completed by the time they start on the perimeter fence project that is put on hold until 2021. City of Jackson — Mr. Hahs reported that they have completed the roundabout at E. Main St. and Shawnee Blvd. It was completed in early July and is opened to traffic and working well. It is landscaped and the signs are up. Mr. Hahs went on to report that they have received good bids on their asphalt program and that it is proceeding. The biggest portion of the asphalt program is resurfacing of Farmington Road and they hope Southeast Metropolitan Planning Organization Board Meeting Minutes July 15, 2020 Page 4 of 5 to get that done before school starts. MODOT may use Farmington Road as a detour while they repair US 61. There will be work on East Jackson Boulevard because of the Saint Francis Medical Center construction. Uptown Jackson has some detours as one of the downtown buildings has some separation issues of their exterior wall. This has affected the sidewalk and parking and one lane of traffic, causing a major detour. Cape Girardeau County — Mr. Herbst reported they are working on asphalt bids and will be paving 5 new miles of road and overlaying 15 miles of road. They have received a special use permit from the City of Jackson for parking across from the sheriff's department. They will be tearing down a house and will need to replace and repair the sidewalk at that location. They also participated in a cost share program with the City of Jackson to repave North Missouri Street around the sheriff's department and the courthouse. CTA — Mr. Mogelnicki reported that their ridership has increased and they are up to about 70% of past ridership. They have received some of their Cares Act money and that is helping with operations. SEMO RPC — Mr. Tanz reported that they are starting the prioritization process through TAC. Cape Area MAGNET — Mr. Mehner reported that the potential TTD project at North Pointe Development on North Kingshighway has gone through the process and has been filed and a public hearing has been set for August 3 in Judge Ben Lewis's court. Mr. Rust has assembled all north side property owners but will likely get some opposition from some of the south side property owners. Mr. Mehner commented that Mr. Meyer has done a tremendous job working with MoDOT and that portion is moving forward. Also, Mr. Mehner reported that the Governor did veto HB 1854 which we had previously discussed. HB 1854 had some omnibus language that would have made it almost impossible for communities to use a CID or TDD for development. It would have changed the voting process to have the entire community rather than just those property owners within the proposed district. The Governor apparently got a lot of responses from the economic development community and even though there were 34 items included in the bill, the outcry was enough for him to veto. MoDOT — Mr. Okenfuss gave an update on the Diverging Diamond Interchange (DDI). They are working on the south bound bridge, getting columns and shafts poured and should look more like a bridge within the next couple of weeks. Fronabarger has been working on pavement on the east side of the interchange, moving toward the west. Hopefully by the end of August they will have all of the pavement done underneath the bridges. That will allow them to switch traffic on US 61 to divert it to the new pavement in early September. That will be the next big traffic shift. Next Tuesday, July 21, the contractor will close northbound US 61 to tie in the pavement near the Old Orchard Road signal. The MoDOT traffic department has been working with the engineering department in Jackson regarding the pavement repairs on US 61 at the courthouse in Jackson. He noted that it looks as though they will be doing work in mid- August but Southeast Metropolitan Planning Organization Board Meeting Minutes July 15, 2020 Page 5 of 5 that depends on Jackson's engineering schedule. Mr. Hahs asked when the 1-55 southbound ramp might be opened. Mr. Okenfuss said he has not inquired about this lately but it has to be open by December 1 s`. There is a small incentive for each week the ramp was open early, up to 12 or 15 weeks. He will check with inspectors but he does know it can't happen until they switch to the new pavement so not before early September at the earliest. IDOT — Mr. Caldwell reported that things were operating as they have in the past. There is a small letting scheduled for next week. Construction is continuing but they are not working in the office. FHWA — No report from Ms. Tracy. Staff Report Mr. McElroy noted that last week the Southeast Coalition for Roadway Safety held its quarterly meeting. At the meeting a draft State Highway Safety Plan was shared. They are looking for feedback and Mr. McElroy encouraged the group to download the plan and pass along comments. Other Business and Communications There was no other business or communications. Adjournment There being no further business, the meeting was unanimously adjourned at 2.50 p.m. upon motion made by Mr. Meyer and seconded by Mr. Roach. Respectfully submitted, Marla Mills