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HomeMy WebLinkAboutCouncil.Agenda.09-21.2020.PacketBob Fox, Mayor Dan Presson, Ward 1 Shelly Moore, Ward 2 Nate Thomas, Ward 3 Robbie Guard, Ward 4 Shannon Truxel, Ward 5 Stacy Kinder, Ward 6 September 21, 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 Reverand James K. Muriuki of Redeemer Episcopal Church Pledge of Allegiance Study Session No action will be taken during the study session Presentations • Beautiful Business Property of the Month • Silver Springs II Apartments Proposed Development - MACO Development Communications/Reports • City Council Staff Items for Discussion • Planning and Zoning Commission Report • 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 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. 1. Approval of the September 8, 2020, City Council regular session minutes and closed session minutes. 2. 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. Second and Third Readings. 3. 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. Second and Third Readings. 4. 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. Second and Third Readings. 5. 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. Second and Third Readings. 6. 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. Second and Third Readings. 7. BILL NO. 20-133, an Ordinance approving a Redevelopment Agreement in Connection with the 811 Broadway Tax Increment Financing Redevelopment Plan. Second and Third Readings. 8. 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. Second and Third Readings. 9. 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. Second and Third Readings. 10. 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. Second and Third Readings. 11. BILL NO. 20-137, an Ordinance approving the record plat of Star Vue Subdivision. Second and Third Readings. 12. BILL NO. 20-138, a Resolution of support for the proposal from MACO Development Company, LLC, for the Silver Springs I1 Apartments housing development. Reading and Passage. 13. BILL NO. 20-139, a Resolution authorizing the City Manager to execute a License and Indemnity Agreement with Weakley Trust, for a section of right-of-way adjacent to 1257 Rockwood Drive, in the City of Cape Girardeau, Missouri. Reading and Passage. 14. BILL NO. 20-140, a Resolution authorizing the City Manager to execute a Second Amendment of Lease Agreement with Drury Southwest Signs, Inc., for Advertising Space at the Cape Girardeau Regional Airport. Reading and Passage. 15. BILL NO. 20-141, a Resolution authorizing the City Manager to execute a Hangar Lease Agreement with Inflight Corporation, D/B/A Cape Air Charter, at the Cape Girardeau Regional Airport. Reading and Passage. 16. Bill No. 20-142, a Resolution authorizing the City Manager to execute a Five-year Refueler Lease Agreement with Eastern Aviation Fuels, Inc., D/B/A Titan Aviation Fuels, at the Cape Girardeau Regional Airport. Reading and Passage. Items Removed from Consent Agenda New Ordinances 17. BILL NO. 20-143, an Ordinance approving the record plat of Ratliff Acres. First Reading. 18. BILL NO. 20-144, an Ordinance approving the record plat of Court 1 Subdivision, Plat No. 2. First Reading. Appointments 19. Appointment to the Planning and Zoning Commission 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 transactions, and personnel matters, pursuant to RSMo. Sections 610.021(1), (2), and (3). Memos • Appointments to the Board of Adjustment Advisory Board Minutes • Advisory Board Minutes Staff: Bruce Taylor, Deputy City Clerk Agenda: 9/21/2020 SUBJECT Approval of the September 8, 2020, City Council regular session minutes and closed session minutes. ATTACHMENTS: Name: Description: ❑ DRAFT 2020.09.08 ReeularsessigaMinutes.pdf Minutes 2020-09-08 regular session Regular September 8, 2020 KK -395 STUDY SESSION — September 8, 2020 NO ACTION TAKEN DURING THE STUDY SESSION The Cape Girardeau City Council held a study session at the Cape Girardeau City Hall on Tuesday, September 8, 2020, starting at 5:00 p.m. with Mayor Bob Fox presiding and Council Members Robbie Guard, Stacy Kinder, Shelly Moore, Dan Presson, Nate Thomas, and Shannon Truxel present. REGULAR SESSION — September 8, 2020 CALL TO ORDER The Cape Girardeau City Council convened in regular session at the Cape Girardeau City Hall on Tuesday, September 8, 2020, at 6:20 p.m., with Mayor Bob Fox presiding and Council Members Robbie Guard, Stacy Kinder, Shelly Moore, Dan Presson, Nate Thomas, and Shannon Truxel present. ADOPTION OF THE AGENDA A Motion was made by Dan Presson, Seconded by Robbie Guard, to adopt the agenda as amended with the Deer Run Estates preliminary plat extension removed from the consent agenda. Motion passed. 7-0. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, Truxel. PUBLIC HEARINGS 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). Mayor Bob Fox opened the public hearing. There being no appearances the public hearing was closed. 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. Mayor Bob Fox opened the public hearing. There being no appearances the public hearing was closed. APPEARANCES John Mehner representing the Cape Girardeau Area Chamber of Commerce and MAGNET appeared in favor of Bills 20-133 and 20-134 regarding the Tax Increment Financing at 811 Broadway. He stated the applicant, Hightower, had been in attendance for a while, but needed to leave. He stated that she will try to attend the next meeting in order to answer any questions. CKox,f.IWINMIIX" 3101 IM, Approval of the August 17, 2020, City Council regular session minutes and closed session minutes. Regular September 8, 2020 KK -396 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. 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. BILL NO. 20-126, an Ordinance approving the record plat of St. Jude's Second Subdivision. Second and Third Readings. 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. 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. Council Member Robbie Guard abstained for financial reasons, from Bill No. 20-128, due to his employment with MRV Bank A Motion was made by Robbie Guard, Seconded by Nate Thomas, to approve and adopt. Motion passed. 7-0. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, Truxel. BILL NO. 20-123 will be Ordinance No. 5331; BILL NO. 20-124 will be Ordinance No. 5332; BILL NO. 20-126 will be Ordinance No. 5333; BILL NO. 20-127 will be Resolution No. 3350; and BILL NO. 20-128 will be Resolution No. 3351. ITEMS REMOVED FROM CONSENT Approval of a one-year extension of the Deer Run Estates preliminary plat approval. Council Member Stacy Kinder asked if it is common for a developer to request extension on a preliminary plat. City Manager Scott Meyer replied that it does happen occasionally. He noted that the extension for the preliminary plat approval can be up to a total of five years, and that staff was recommending a one-year extension in this case. Council Member Robbie Guard abstained for financial reasons, due to his employment with MRV Bank. A Motion was made by Dan Presson, Seconded by Stacy Kinder, to approve and adopt. Motion passed. 6-0. Ayes: Fox, Kinder, Moore, Presson, Thomas, Truxel. Abstain: Guard NEW ORDINANCES 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. A Motion was made by Dan Presson, Seconded by Robbie Guard, to approve. Motion passed. 6-1. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, No: Truxel. Regular September 8, 2020 KK -397 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. A Motion was made by Robbie Guard, Seconded by Dan Presson, to approve. Motion passed. 7-0. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, Truxel. 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. Council Member Stacy Kinder asked about the proposed parking changed. Deputy City Manager Molly Mehner replied, currently as required by the special event permit, paper signs are posted each weekend. The signs are easily destroyed by weather and may require to be reposted the same weekend. The proposed parking change would allow permanent signs to be installed. Ms. Kinder asked about what would happen if the market's location changes. City Manager Meyer replied that the parking ordinances can be changed back if needed. Council Member Nate Thomas asked if the adjacent property owners were notified of the proposed parking changes. Ms. Mehner replied she believed they had been. Mr. Thomas added that the Farmers Market is a good activity, and that it should continue. A Motion was made by Dan Presson, Seconded by Stacy Kinder, to approve. Motion passed. 7-0. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, Truxel. 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. Council Member Nate Thomas asked if the adjacent property owners were notified of the proposed parking restriction. Staff indicated yes. A Motion was made by Robbie Guard, Seconded by Dan Presson, to approve. Motion passed. 7-0. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, Truxel. 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. A Motion was made by Dan Presson, Seconded by Robbie Guard, to approve. Motion passed. 7-0. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, Truxel. BILL NO. 20-133, an Ordinance approving a Redevelopment Agreement in Connection with the 811 Broadway Tax Increment Financing Redevelopment Plan. First Reading. Council Member Robbie Guard abstained for financial reasons, due to his employment with MRV Bank. A Motion was made by Dan Presson, Seconded by Nate Thomas, to approve. Motion passed. 6-0. Ayes: Fox, Kinder, Moore, Presson, Thomas, Truxel. Abstain Guard 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. Regular September 8, 2020 KK -398 Council Member Robbie Guard abstained for financial reasons, due to his employment with MRV Bank. A Motion was made by Dan Presson, Seconded by Stacy Kinder, to approve. Motion passed. 6-0. Ayes: Fox, Kinder, Moore, Presson, Thomas, Truxel. Abstain Guard. 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. A Motion was made by Nate Thomas, Seconded by Shannon Truxel, to approve. Motion passed. 7-0. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, Truxel. 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. Council Member Robbie Guard abstained for financial reasons, due to his employment with MRV Bank. A Motion was made by Dan Presson, Seconded by Stacy Kinder, to approve. Motion passed. 6-0. Ayes: Fox, Kinder, Moore, Presson, Thomas, Truxel. Abstain guard BILL NO. 20-137, an Ordinance approving the record plat of Star Vue Subdivision. First Reading. Council Member Robbie Guard abstained for financial reasons, due to his employment with MRV Bank. A Motion was made by Dan Presson, Seconded by Shannon Truxel, to approve. Motion passed. 6-0. Ayes: Fox, Kinder, Moore, Presson, Thomas, Truxel. Abstain: Guard Other Business Mayor Bob Fox read a letter received from the Daughters of the Confederacy reclaiming the CSA monument, and asking the City to return the monument to them. A Motion was made by Robbie Guard, Seconded by Stacy Kinder, to accept the proposal. Motion passed. 7-0. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, Truxel. MEETING ADJOURNMENT A Motion was made by Robbie Guard, Seconded by Dan Presson, 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. 7-0. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, Truxel. The Regular Session ended at 6:40 p.m. Bruce Taylor, Deputy City Clerk b Fox, Mayor Staff: Anna Kangas, Transformation Agenda: Manager9/21/2020 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. STAFF RECOMMENDATION 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: ❑ Amendin¢ Ch 6 re ae rding doe andcatlicensing doc Ordinance ❑ doe cat license ordinance rev.docx Reused 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: 9/21/2020 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: © PDE 335 Christine Street.doc Ordinance ® PDE Executed.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: 9/21/2020 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 IMPACT The Special Business District has offered to pay for the signage. Public Works crews will install the signs on South Spanish Street. STAFF RECOMMENDATION 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: 0 Schedule G P parking alongSSpanish Street.doc Ordinance D South Spanish Street - Ord Info.pdf Ord Info D 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: 9/21/2020 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 UYIPACT 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: 0 Sch P limited narking Janet_Drive.doc Ordinance © Janet Drive - Ord Info.pdf Ord Info ® Janet Drive - YV 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: 9/21/2020 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 IWACTS 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 Fasement 3280 Perryville Road Ameren.doc Ordinance D 3280 Perryville PUE City to Ameren.doc PUE D 3280 Perryville Rd,pdf Exhibit for 3280 Perry\ille 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, Deputy City Manager Agenda: 9/21/2020 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 $475,689 plus interest. The developer submitted an affidavit with the proposal stating "but for" tax increment financing assistance, it is unlikely the properties would redevelop. The developer is also seeking historic tax credits. I► : Z 1►l L' :_ 1 This redevelopment project will result in increased property and sales tax that otherwise would not be generated. In addition, this redevelopment project will prevent the area from deteriorating further. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IlVIPACTS Providing TIF assistance to this project allows for the stabilization and renovation of a deteriorated downtown building. The redevelopment of this building will increase the assessed valuation, prevent conditions from deteriorating further, and will enhance the economic viability of the downtown area. Staff recommends the City Council Approve an Ordinance Approving a Redevelopment Agreement in Connection with the 811 Broadway Tax Increment Financing Redevelopment Plan. At its meeting on August 19, 2020, the Tax Increment Financing Commission of the City of Cape Girardeau, Missouri, passed a resolution recommending approval of the redevelopment plan for the 811 Broadway Tax Increment Financing Redevelopment Plan; the designation of the redevelopment area described therein; approval of the redevelopment project described therein, and expressing other recommendations to the City Council of Cape Girardeau, Missouri. PUBLIC OUTREACH A public solicitation was performed on July 19, 2020. The solicitation was open until August 19, 2020 at noon. A Public Hearing was held before the TIF Commission on August 19, 2020 at 4:00 PM to decide upon the proposal received. ATTACHMENTS: Name: Description: ® Ordinance approving Redevelopment Agreement 811 Broadway.docx Ordinance D v.btl Redevelopment Agreement.pdf Redevelopment Agreement D TIF Application 811 Bway@new12rofomm.pdf 11F Application BILL NO. 20-133 [ 71 `M. "[4 0i►[$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, Deputy City Manager Agenda: 9/21/2020 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. EXECUTIVE SUMMARY 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". 1 10 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 D Redevelopment_ Plan (811 Broadway).pdf Redewlopment Plan © CBA (narrative) (811 Broadway).pdf Cost Benefit Analysis Narrati\e D CBA (811 Broadway) 4814-7374-6881 v.4�ll.ndf Cost Benefit Analysis workbook © TIF Comm Resolution 081920.12df 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: 9/21/2020 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. EXECUTIVE SUMMARY 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 Councif 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 Councirs 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. 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 Commission and City Council public hearings was posted on the property. Notices were also mailed to the adjacent property owners. ATTACHMENTS: Name: Description: ❑ Rezone -1134 North Sprigg doc Ordinance D Staff Review -Referral -Action Fonnpdf 1134 North Sprigg Street - Staff RRA Form D Map - Zoning - 1134 N Sprigg eStreet.pdf 1134 North Sprigg Street - Zoning Map D Maw- FLU! 1134 N Sprigg Street.pdf 1134 North Sprigg Street - FLU Map D Application - 1134 N Sprigg St Rezoning.pdf 1134 North Sprigg Street - Application D R-4.pdf R-4 District Regulations D Gl.pdf 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: 9/21/2020 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: © Utility Easement Star We Subdivision.doc Ordinance ® Star We Subdivision Plat -Easement Vacation.ndf 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: 9/21/2020 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. i 1 � ' 1 1 ' 1 uIUI__ _ _ / � .__ 1 VIUI_ti 1 :__ _/ _► 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: D Record Plat- Star We Subdivision.doc Ordinance D Staff Review -Referral -Action FgmVdf Star We Subdivision - Staff RRA Form D Map - Star We Subdivision (Fntire Tractl.pdf Star We Subdivision - Map D Subdivision Plat Application-Signgd.pdf Star Vue Subdivision - Application D 190699 -Star Vue Subdivision.pdf Star Vue Subdivision - 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 Staff: Ryan Shrimplin, AICP - City Planner Agenda: 9/21/2020 SUBJECT A Resolution of support for the proposal from MACO Development Company, LLC, for the Silver Springs II Apartments housing development. EXECUTIVE SUMMARY The attached resolution ratifies the City Council's support of the Silver Springs II Apartments housing development proposed by MACO Development Company, LLC. A presentation on the proposed development will be given during the City Councirs study session. BACKGROUND/DISCUSSION MACO Development Company, LLC is proposing to build a two-story elevator building with 56 apartments for seniors citizens on an approximately 6.83 acre site located at 550 North Silver Springs Road. The proposed project is the second phase of Silver Springs Apartments. MACO Development Company, LLC is requesting a resolution of support from the City Council to include with its tax credit application to the Missouri Housing Development Commission (MHDC). A written description and drawings of the proposed development are attached. Also attached are photo examples of other MACO developments. A presentation on the proposed development will be given during the City Councirs study session. The financing and tax credits are made available through MHDC and will provide the financial resources to develop these apartments with affordable rents. The financing and tax credits are limited and competitive resources. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The proposed development will provide much-needed safe and affordable senior citizen housing in Cape Girardeau. It will also help the City further the goals and objectives of the comprehensive plan related to the provision of different housing types that meet all socio-economic needs of the community. STAFF RECOMMENDATION Staff recommends approval of the resolution of support for the Silver Springs II Apartments housing development. ATTACHMENTS: Name: Description: D Resolution -Support Silver Springs II Apts MACO Development.2020.doc Resolution D Silver Springs II Narrative.pdf Silber Springs II Apartments - Written Description D Silver Springs 11 - Architectural Application Documents - 2020.pdf Silber Springs II Apartments - Drawings D Silver Springs I -photo l.jpg Photo 1 of Silber Springs I Apartments D Silver Springs I -photo 2J12g Photo 2 of Silber Springs I Apartments D Heritage Manor: photo ling Photo 1 of Heritage Manor Apartments D Heritage Manor - photo 2.ipa Photo 2 of Heritage Manor Apartments ❑ West Court _Manor - photo t.iue I Photo of West Court Manor Apartments BILL NO. 20-138 RESOLUTION NO. A RESOLUTION OF SUPPORT FOR THE PROPOSAL FROM MACO DEVELOPMENT COMPANY, LLC, FOR THE SILVER SPRINGS II APARTMENTS HOUSING DEVELOPMENT WHEREAS, MACO Development Company, LLC, is proposing to develop the property at 550 North Silver Springs Road for a senior housing apartment community; and WHEREAS, MACO Development Company, LLC, wishes to apply for financing and tax credits available through the Missouri Housing Development Commission as stated in the 2020 MHDC Multi -family Rental Production Program Notice of Funding Availability; and WHEREAS, the financing and tax credits available through the Missouri Housing Development Commission will provide the financial resources to develop these apartments with affordable rents; and WHEREAS, the financing and tax credits available through the Missouri Housing Development Commission are limited and competitive resources; and WHEREAS, the City of Cape Girardeau, Missouri, recognizes the need for safe, affordable, quality senior housing, and supports the proposal from MACO Development Company, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council hereby expresses its support for the proposal from MACO Development Company, LLC, for the 2020 MHDC Multi -family Rental Production Program Notice of Funding Availability, for the Silver Springs II Apartments housing development. PASSED AND ADOPTED THIS DAY OF , 2020. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk SILVER SPRINGS II APARTMENTS Cape Girardeau, Missouri Project Description and Narrative Silver Springs II Apartments is a proposed new construction apartment community which will be comprised of fifty-six (56), 855 square feet, 2 -bedroom apartments marketed exclusively to seniors ages 55 and over. The development will be restricted to households with incomes at or below 60% of the area median income for Cape Girardeau County, adjusted for household size. For 2020, a two -person household must make $32,160 or less and a single person household will be limited to $28,140 annually. The proposed location of this site is at the intersection of Silver Springs and Spruce Streets adjacent to the east of the previously developed Silver Springs Apartments. It is within 1-2 miles of numerous health care facilities, schools, churches, shopping, and restaurants. The two-story elevator building will be attractively designed with a brick exterior. The apartments will be constructed utilizing high grade, low maintenance materials that will provide a clean, safe, and affordable living environment. The bathroom can be accessed directly from the master bedroom or from the living room/dining room area. The kitchen will be equipped with a range, range hood, refrigerator, garbage disposal, and a laundry closet with washing machine and dryer. High quality carpet will cover the floors in the bedrooms, while the kitchen, bathrooms, and other living areas will have attractive, durable vinyl flooring. Each apartment will have its own high efficiency furnace, central air conditioning, and well insulated water heater. The lawn areas will be landscaped and will include park benches for the enjoyment of the residents. The proposed development will also include approximately 12,516 square feet of common areas that will include a kitchen area for the usage of the residents. In addition, the common area will include a fitness facility, and laundry area. This will serve as a gathering area for the resident activities such as birthday parties, family reunions, and other social events. Residents will pay their electricity and the property will pay for water, sewer and trash. Energy costs have a negative economic impact on seniors and especially low income seniors. To help reduce energy costs, the National Association of Home Builders Green Building Standard will be incorporated into the design and construction of these attractive modern brick garden style apartments. The incorporation of these standards into the buildings will provide residents with comfortable, economically energy efficient homes. As mentioned in previous sections, the existing MACO senior portfolio is fully occupied with a lengthy waiting list of approximately 240 eligible applicants. In each instance, when the previously developed communities have reached construction completion, they have been successful in reaching full occupancy in a matter of days. If selected for funding, this proposed senior community will be no different. It is with great pleasure that MACO Development Company, LLC submits this proposal. SILVER SPRINGS APARTMENTS II, Cape Girardeau, MO MACO DEVELOPMENT COMPANY, LLC OCTOBER 2020 APPROX. 550 N. SILVER SPRINGS CAPE GIRARDEAU, MO 63701 GPS WAYPOINT N 370 18'45" W 890 33'59" SITE LOCATION MAP OCTOBER 2020 �1 \ \ UNIT MIX: (53) TYP. 2-5R UNITS (3) A66E5515LE 2-5R UNITS (56) UNITS TOTAL SITE SIZE (PHASE 2): 6.83 AGRES PARKING: (120) PARKING SPAGES TOTAL \ °y 2 -STORY BUILDING #1 = 60,142 SF � I ` I I I � I � 100 YEAR \ E FLOODPLAIN .I I / i 2 -STORY BLDG. #I / (5(9) 2-13R UNITS I a — ci6- 1 SITE PLAN SCALE: 1 OCTOBER 2020 Waace 0.fl CXIiECt3 L.L.C. 1,11�11111111 MACO , . M SILVER SPRINGS APARTMENTS IIace COMPANY, LIC a Cape Girardeau, Missouri COPYRIGHT 9 2020 MACO , . M SILVER SPRINGS APARTMENTS IIace COMPANY, LIC a Cape Girardeau, Missouri COPYRIGHT 9 2020 GD SILVER SPRINGS APARTMENTS II �%aace i n COPYRJ n C L.L.O. Cape Girardeau, Missouri COPYRIGHT ©2020 (25) 2 -BR UNITS 2ND FLOOR 2ND FLOOR BUILDING PLAN SCALE: I" = 60'-0" OCTOBER 2020 I ST FLOOR COMMON AREA 5GALE: I/W = P -O" OCTOBER 2020 an 51TTIN e AREA MEU q 15F 11'-5" x V -O" 2ND FLOOR COMMON AREA 5GALE: 1/5" = P -O" OCTOBER 2020 IL il LL ELL a LL t L [L Ll il Lt Lj�. MIRA,— LL EE ff Q LE LE � L L LL uta il kw LL L L MACO DVVELOPMM SILVER SPRINGS APARTMENTS 11 COMPANY, LLC 1441W Cape Girardeau, Missouri % ace �romp&-IFy Fz IF F IF I IF 4 Staff: Kelly Green, P.E., City Engineer Agenda: 9/21/2020 SUBJECT A Resolution authorizing the City Manager to execute a License and Indemnity Agreement with Weakley Trust for a section of the property owner's original brick walkway and concrete border within the City's right-of-way adjacent to 1257 Rockwood Drive, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY Weakly Trust has requested the City allow the property owner's to keep a section of the original brick with concrete border walkway within the City's right-of-way. The attached License and Indemnity Agreement sets out the responsibilities, conditions, and liabilities assumed by Weakley Trust. I a I► a L _ -IL / M. 1 There will be little to no financial impact to the City of Cape. STAFF RECOMMENDATION Staff recommends approval of the attached resolution authorizing the City Manager to enter into a License and Indemnity Agreement with Weakley Trust. ATTACHMENTS: Name: Description: License and Indenmity 1257 Rockwood_Drive.doc Resolution ❑ hKcuted L Lpdf L&I BILL NO. 20-139 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH WEAKLEY TRUST, FOR A SECTION OF RIGHT- OF-WAY ADJACENT TO 1257 ROCKWOOD DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a License and Indemnity Agreement with Weakley Trust, for a section of the property owner's original brick walkway and concrete border within the City's right-of-way adjacent to 1257 Rockwood Drive, 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, 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 LICENSE AND INDEMNITY AGREEMENT 1257 Rockwood Drive Cape Girardeau, MO 63701 In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as "City", granting Weakley Trust, hereinafter known as "Licensees", permission to own and maintain certain improvements and conduct certain activities on City property which is located adjacent to 1257 Rockwood Dr. in the City of Cape Girardeau, Missouri, Cape Girardeau County, Missouri, the parties hereto state as follows: 1. The City of Cape Girardeau, Missouri, hereby grants to Licensees a license own and maintain certain improvements to -wit: The section of the property owner's original brick wallivay and concrete border within the City's right-of-way. 2. Licensees, and their successors, heirs and assigns all agree as follows: A. That they will assume all risk of personal injury or death and property damage or loss from whatever causes arising while any person approaches, enters, uses or leaves the aforementioned property, which may occur directly or indirectly from the placing of said improvements or the conduct of such activities on City property. B. That they do hereby release the City of Cape Girardeau, its officers, employees, agents, servants and assigns from any liability which might occur from the placing or use of such improvements or the conduct of such activities. C. That they will indemnify and hold harmless the City of Cape Girardeau, its officers, employees, agents and servants from all suits and actions of every name and description brought against the City, its officers, employees, agents and servants for or on account of any injuries or damages received or sustained by any parties or alleged to be received or sustained by any parties or party which may result directly or indirectly from the placing or use of said improvement or the conduct of such activities on City property. D. That they will keep said improvements which are placed on the City property in a state of good repair and will cooperate with the City by making necessary repairs as requested by the City so as to protect the health and safety of the Citizens. E. That they will not maintain on the property any hazardous or toxic waste or substances, as defined under all applicable federal, state and local environmental laws, including, but not limited to, hazardous waste as defined in the Resource Conservation and Recovery Act of 1976 as amended ("RCR-N), hazardous substances as defined in the Comprehensive Environmental Response Compensation and Liability Act as amended ("CERCLA") and toxic substances as defined in the Toxic Substances Control Act as amended ("TSCA"). Any operations on the property shall not be in violation of any laws, regulations, ordinances, statutes, orders or decrees of any governmental body, arbitration tribunal or court, including, without limitation, RCRA, CERCLA, TSCA and all regulations thereunder. There shall be no conduct of business on the property which constitutes a violation of Environmental Laws or any other laws, regulations, ordinances, statutes, order or decrees of any governmental body. F. Nothing in this agreement or actions of the City in granting permission to place said improvements or conduct of such activities on the described property shall be construed to give the Licensee, any irrevocable rights to keep said improvements or activities on such property. The City Council reserves the right for the City Manager to terminate this agreement and to order the removal of said improvements and/or the cessation of said activities in the future at the cost of Licensees, their successors and assigns, for any reason. In such event, Licensees, or their successors and assigns, agree to remove said improvements and to cease such activities within thirty (30) days of notice. Should Licensees, or their successors, heirs or assigns fail to comply with any of the terms of this agreement, the City of Cape Girardeau reserves the right to snake any repairs or alterations deemed necessary by the City of Cape Girardeau by giving Licensees, or their successors, heirs or assigns, thirty (30) days notice and such persons, successors, heirs or assigns hereby agree that they will pay for any costs incurred by the City for such repairs or alterations. If the Licensee fails to pay for any costs incurred by the City for such repairs or alterations, in addition to any other remedies the City may have, the City may also issue tax bills which shall become a lien against the land owned by the Licensee. 3. This license and the covenants herein contained shall run with the land and inure to and be binding upon the successors, heirs and assigns of the respective parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this day of )2020.. Scott A. Meyer, City Manager ATTEST: Bruce Taylor Deputy City Clerk STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 2020, before me appeared Scott A. Meyer, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said city and that the said instrument was signed and sealed on behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. Wealcley Trust 4�' -X -Le-e-, 1 STATE OF f Ss"otrtr''"r-911, ) ss. COUNTY OF Cgtj BE IT REMEMBERED, that on this `"day of EAkh+ja.k-`2020, before me, the undersigned notary public, personally appeared Lois Wealcley, who Bing by me duly sworn, did state that he is the authorized representative for Wealcley Trust , and that the within instrument was executed on behalf of said Wealcley Trust, and acknowledged that he/she has executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my and nd affixed my official seal, the date last above written. N tar ublic My Commission Expires: 2., KSISTINA A. JOHNSON Natar tate Of Mlssou j Seal Commissioned for Cappe Girardeau County My Commisslon Sxpir9s: May 30, 2023 Commisslon Number: 19074 292 Staff: Katrina Amos, Airport Manager Agenda: 9/21/2020 SUBJECT Second Amendment of Lease Agreement with Drury Southwest Signs, Inc. for Advertising Signs at the Cape Girardeau Regional Airport. EXECUTIVE SUMMARY The Cape Girardeau Regional Airport leases a small portion of airport property to Drury Southwest Signs, Inc. for the placement of two (2) billboard advertising signs. This lease will expire January 31, 2021. The attached lease is the second amendment to the original agreement with the City and provides a five (5) year extension with a rate increase and three (3) additional renewal periods of five (5) years. This amendment also includes commission -based revenue opportunities in addition to the annual lease amount. BACKGROUND/DISCUSSION Drury Southwest Signs has leased a portion of airport property for two (2) billboard advertising signs since 1988. The signs are located near Interstate 55 in the Northeast quadrant of the airport. The first amendment to this lease was approved in January of 2011 and extended the lease five (5) years with an additional five (5) year option, which expires January 31, 2021. The attached lease is the second amendment to the original agreement with the City and provides a five (5) year extension with a rate increase and three (3) additional renewal periods of five (5) years. FINANCIAL IMPACT The first year of the initial renewal term will increase the annual lease by 16.8%, from $3,252.48 to $3,800.00. Beginning February 1, 2022, Drury Southwest Signs, Inc. will begin paying additional rent, fifteen percent (15%) of the prior year's annual billboard sales revenue, net of any third -party agency commissions, received from the Signs located on airport property over $25,333.33 (annual revenue) on or before March 31st of each year during the Third Extension Term and any Renewal Term thereafter. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The attached lease amendment provides continued revenue at the Cape Girardeau Regional Airport. STAFF RECOMMENDATION It is recommended the City Council approve a resolution authorizing the City manager to execute the attached Second Amendment of Lease Agreement with Drury Southwest Signs, Inc. for Advertising Signs at the Cape Girardeau Regional Airport. Name: Description: ® Second Amendment Lease Agreement DSW Airport.doc Resolution D Second Amendment Lease - DSW Sian s09102020.pdf Second Amendment Lease - DSW Signs BILL NO. 20-140 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT OF LEASE AGREEMENT WITH DRURY SOUTHWEST SIGNS, INC., FOR ADVERTISING SPACE AT THE CAPE GIRARDEAU REGIONAL AIRPORT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Second Amendment of Lease Agreement with Drury Southwest Signs, Inc., for a billboard advertising sign at the Cape Girardeau Regional Airport. 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 Signs #116 & #117 SECOND AMENDMENT OF LEASE THIS SECOND AMENDMENT OF LEASE AGREEMENT ("Second Amendment") is entered into this _ day of 20_ (the "Effective Date") by and between the City of Cape Girardeau, a municipal corporation, hereinafter referred to as the "Lessor", and Drury Southwest Signs, Inc., a Texas corporation, hereinafter referred to as the "Lessee". WITNESSETH, That: Lessor and Lessee entered into that certain Lease Agreement dated January 23, 2001, as amended by that certain First Amendment of Lease dated January 31, 2011 (collectively referred to herein as the "Lease"), covering the Premises generally described as two sites (each a "Sign Location") on which Lessee has installed overhead advertising signs (the "Signs"), together with access and utility easements, located in Scott County, Missouri, more particularly described in the Lease. The parties desire to extend the Lease Term, amend the Rent amount and memorialize their agreement herein. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and obligations set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Lease as follows: 1. The parties acknowledge that the Second Extension Term ends on January 31, 2021. The Lease Term is hereby extended an additional five (5) years from and including February 1, 2021 through and including January 31, 2026 (the "Third Extension Term"). Lessee shall have the option to renew the Lease under the same terms and conditions set forth in the Lease, except as modified by this Second Amendment, for three (3) additional renewal periods of five (5) years each (each a "Renewal Term"), following the expiration of the Third Extension Term or the applicable Renewal Term. Lessee shall notify Lessor of its intent to exercise its renewal option by written notice prior to the expiration of the Third Extension Term or applicable Renewal Term. 2. Lessee's annual rent during the Third Extension Term and each Renewal Term thereafter shall be Three Thousand Eight Hundred and 00/100 Dollars ($3,800.00) ("Annual Rent") (or $1,900.00 per Sign Location). In addition to Annual Rent, commencing on February 1, 2022, Lessee shall pay to Lessor as additional rent, fifteen percent (15%) of the prior year's annual billboard advertising sales revenue, net of any third -party agency commissions, received from the Signs on the Sign Locations (the "Annual Revenue") over $25,333.33 on or before March 31St of each year during the Third Extension Term and any Renewal Term thereafter. For example, if Annual Revenue from February 1, 2021 through January 31, 2022 period is $27,000.00, then Lessee shall pay to Lessor on or before March 31, 2022, $250.00 as additional rent (i.e. $27,000.00-$25,333.33 = $1,666.66 x .15 = $250.00). 3. Except as otherwise set forth herein, all words and phrases herein shall have the meanings given thereto in the Lease. The provisions of this Second Amendment amend, supplement and Page 1 of 2 Signs #116 & #117 supersede any conflicting terms of the Lease. Except as herein and hereby modified and amended, the Lease shall remain in full force and effect and all of the terms, provisions, covenants and conditions thereof are hereby ratified and confirmed. IN WITNESS WHEREOF, Lessor and Lessee have executed this Second Amendment by their duly authorized representatives to be effective as of the Effective Date. LESSOR: CITY OF CAPE GIRARDEAU, MISSOURI By:_ Name: Its: LESSEE: DRURY SOUTHWEST SIGNS, INC. Chris Shrum, General Manager Page 2 of 2 Attest: City Clerk Staff: Katrina Amos, Airport Manager Agenda: 9/21/2020 SUBJECT A Hangar Lease Agreement with Inflight Corporation DBA Cape Air Charter at the Cape Girardeau Regional Airport. Reading and Passage. EXECUTIVE SUMMARY Inflight Corporation DBA Cape Air Charter provides charter services at the Cape Girardeau Regional Airport. Currently, most of Cape Air Charter's fleet is stored in Hangar 71 (former Commander Hangar) and Cape Aviation. With a recently expanded fleet including a Phenom and TBM, Cape Air Charter needs more space for aircraft storage. Drury Development Corporation (Drury) recently completed a new 19,980 square feet hangar facility which they plan to occupy at the end of September. This move provides a vacancy in the former Drury hangar, a hangar built to store larger aircraft. This is facility is suitable for Cape Air Charter's fleet. BACKGROUND/DISCUSSION When the City took over the operation of the Fixed Base Operation (FBO), formally known as Air Evac Aviation, in 2001, the decision was made by the airport and the City to sublease two of the departments associated with a "full service" FBO. It was determined to sublease services associated with 1) "aircraft charter, aircraft sales and rental, and flight training" and those services associated with 2) "aircraft and maintenance and repairs". Cape Air Charter, owned by Bill Beard, takes care of sublease requirements for aircraft charter, sales, and flight training. Cape Air Charter's business has grown over the last several years and as a result, their aircraft fleet has expanded as well. With this expansion, more hangar space is required. FINANCIAL IWACT The attached lease will provide revenue in the amount of $12,600 annually. Additionally, the relocation of the larger aircraft will free up space in both Cape Aviation and Hangar 71 in hopes to provide hangar space for prospective tenants currently on the airport hangar waiting list. STAFF RECOMMENDATION It is recommended the City Council approve a resolution authorizing the City Manager to execute the attached agreement with Inflight Corporation DBA Cape Air Charter, in the amount of $12,600 annually, for a hangar lease at the Cape Girardeau Regional Airport. ATTACHMENTS: Name: Description: © Hangar Lease Aereeramt.hifli hg t Corp Cape Air Charter.doc Resolution D AIRPORT HANGAR LEASE-_Cape_Air _Charter.pdf Hangar Lease - Cape Air Charter BILL NO. 20-141 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A HANGAR LEASE AGREEMENT WITH INFLIGHT CORPORATION, D/B/A CAPE AIR CHARTER, AT THE CAPE GIRARDEAU REGIONAL AIRPORT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Hangar Lease Agreement with Inflight Corporation D/B/A Cape Air Charter, at the Cape Girardeau Regional Airport. 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 AIRPORT HANGAR LEASE This Agreement made and entered into this day of September, 2020, by and between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter called "Lessor" and Inflight Corporation d/b/a Cape Air Charter, a corporation organized and existing under the laws of the State of Missouri, hereinafter referred to as "Lessee". For and in consideration of the mutual covenants, terms and conditions contained herein, the parties agree as follows: PREMISES. Lessor hereby leases to Lessee the following described property, including one (1) building, or hangar, and located thereon, which real estate is owned by the City of Cape Girardeau, Missouri located at the Cape Girardeau Regional Airport in Scott County, Missouri: A tract of land situated in the Northeast Quarter, of Section 35, Township 30 North, Range 13 East of the Fifth Principal Meridian, County of Scott, State of Missouri, being more particularly described as follows: Commencing at the Northwest corner of the Northeast Quarter of Section 35; Thence South 00° 37 41 East, 50.00 feet to a point on the South right of way line of the Little River Drainage District Ditch No. 1; Thence North 890 22' 19" East, along said South right of way line, 2,204.60 feet to a point on the West right of way line of the Airport Access Road; Thence South 46° 52' 41" East, along said West right of way line, 637.50 feet to a point; thence leaving said line, South 00° 37'41" East, 321.39 feet to the Point of Beginning; thence continue, South 00'37'41" East, 125.10 feet to a point; thence N 74° 11'41" W, 137.86 feet to a point; thence South 74° 11'29" East, 100.68 feet to the Point of Beginning containing 0.3286 Acres, more or less 2. TERM. This Agreement shall commence on and remain in effect for a period of one (1) year. Thereafter, this Agreement shall continue in effect from month to month, being automatically renewed after each month unless thirty (30) day written notice is given by either party that the Agreement should not be renewed. RENTAL. Lessee shall pay Lessor monthly, beginning the first day of each month, the rental amount as hereinafter provided, said amount being due and payable on or before the 10`h day of each month during the term of this lease. Lessee agrees to pay Lessor One thousand, Fifty Dollars and no cents ($1,050.00) monthly. This rental amount shall be adjusted every five (5) years. For each successive five (5) year period during the remainder of this agreement, the rental amount shall equal the rental amount of the preceding terms plus a percentage of said preceding rental amount of the successive five (5) year period. The percentage referenced herein shall be the percentage increase in the Consumer Price Index (Midwest Urban All Urban Consumers) for the preceding five (5) year period, not to exceed three (3) percent per year, unless a lower percentage is determined by the Airport Manager. 11 Page All payments are to be made at the office of the City Collector of the City of Cape Girardeau or at such other place as Lessor may direct. There will be a 1 '/2 % per month (18% per year) charged on all past due accounts. 4. USE OF THE PREMISES. The premises are to be used for the purpose of maintaining a hangar for storage of Lessee's airplane(s), either owned or leased. Lessee shall not use or permit the use of all or any portion of the leased premises in any other manner than herein set forth, without the prior written consent of Lessor. UTILITIES. Lessee shall assume and pay for all costs and charges for utility services furnished to Lessee during the term of this lease, and Lessee shall have the right to connect to any and all storm and sanitary sewers and water and utility outlets at its own cost and expense, and Lessee shall pay for any and all service charges incurred therefore. 6. CUSTODIAL SERVICES. Lessee agrees to provide the necessary materials, equipment and labor to provide all necessary janitorial and custodial services, and to maintain the premises in a clean, safe, orderly, and sanitary condition. Lessee shall provide a complete and proper arrangement for the adequate sanitary handling and disposal of all trash and other refuse caused by its operations under this lease. 7. MAINTENANCE AND REPAIR. Lessee shall at its sole cost and expense, keep and maintain the dernised premises, all improvements, additions or alterations thereto, equipment and landscaping constructed or installed by Lessee upon the demised premises, in first class condition, which condition shall at all times be based on a standard of care reflecting prudent property management, reasonable wear and tear accepted. 8. INGRESS AND EGRESS. Lessor shall provide a right of ingress and egress to the demised premises for the Lessee, its officers, employees and agents. 9. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions, repairs, replacements, or improvements upon the lease premises without the prior written consent of the Airport Manager. Such consent shall not be withheld without reasonable cause. All alterations, additions, repairs, replacements, and improvements shall be, and will remain the property of Lessor and will be surrendered with the leased premises as part thereof upon termination of this Lease Agreement. 10. RIGHT OF ENTRY. Lessor shall have at all reasonable times during business hours, the full and unrestricted right to enter the leased premises for the purpose of inspection, and for the purpose of doing any and all things which it is obligated or has a right to do under this agreement or by law. 11. TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment, merchandise or other personal property owned or used by Lessee located on the demised premises. 21 Page 12. REHABILITATION ACT REQUIREMENTS. Lessee shall operate and maintain its facilities in accordance with the requirements of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and will assure that no qualified handicapped person shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination, including discrimination in employment under any program or activity that receives funds or benefits from a Federal Grant. Lessee further assures that it shall comply with the requirements imposed by or pursuant to 49 C.F.R., Part 27. 13. NON DISCRIMINATION. Lessee shall not, on the grounds of race, color, creed or national origin, discriminate or permit discrimination against any person or group of persons in any manner prohibited by Title VI of the Civil Rights Act of 1964, and Part 21 of the Regulations of the Office of the Secretary of Transportation in the use of the leased premises. Lessor reserves the right to take such action as the United States Government may direct to enforce this covenant. The Lessee assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered by 14 CFR Part 152, Subpart E. The Lessee assures that no person shall be excluded on the grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. The Lessee assures that it will require that its covered sub -organizations provide assurances to the Lessee that they similarly will undertake affirmative action programs and that they will require assurances from their sub -organizations, as required by 14 CFR Part 152, Subpart E., to the same effect. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958. Lessee agrees to furnish service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service; PROVIDED, that Lessee may make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 14. ASSIGNMENT AND SUBLEASE. Lessee shall have the right, with the prior written consent of Lessor, to assign this lease, or to sublease any portion of the demised premises, but in such event Lessee shall remain liable to Lessor for the remainder of the term of the lease to pay to Lessor any portion of the rent and fees provided for herein upon failure of the assignee or sub- lessee to pay the same when due. Said assignee or sub -lessee shall not assign or sublease without the prior written consent of Lessor and Lessee. Any such assignment by Lessee shall contain a clause to this effect. Lessee hereby agrees that any sublease or assignment shall be solely for the purpose of conducting a business of the same general nature and purposes as specified herein. 31 Page 15. NO WAIVER OF FUTURE BREACH. The failure of Lessor or Lessee to insist, in any one or more instances, on a strict performance of any of the terms or the conditions of this Lease, or to exercise any right herein contained, shall not be construed as a future waiver or a relinquishment of the provisions or right, but the same shall continue and remain in full force and effect. The receipt by Lessor of rent, with knowledge of the breach of any term or condition hereof, shall not be deemed a waiver of the breach and no waiver by Lessor of any provision hereof shall be deemed to have been made unless expressed in writing and signed by Lessor. Should Lessor at some time consent to an assignment of this Lease or to a sublease of the whole or any part of the demised premises, no further assignment and no further sublease shall be made without the express consent in writing by Lessor. None of the terms or conditions of this Lease shall be altered, waived, or modified in any manner except by written instrument executed by both parties. 16. INDEMNIFICATION. Lessee agrees to indemnify, defend and hold harmless the Lessor from all claim, actions, suits, and demands because of any bodily injury, including death, and because of damages to property or losses which may arise out of or result from Lessee's operations or use of the demised premises whether such operations or use are by Lessee, its agents, employee or anyone directly or indirectly employed by Lessee. Lessee shall procure and maintain in effect for the term of this Agreement, liability insurance in an amount not less than $500,000.00 for one person and $3,000,000.00 for any one occurrence involving injury, including death, to more than one person, with property damage insurance of not less than $500,000.00 for any one occurrence. In addition, Lessee shall procure hangar keepers insurance covering non -owned aircraft in custody of Lessee or any sub -tenant of Lessee on the demised premises, if applicable under Lessee's or Lessee's sub -tenant's current use. If, however, the State of Missouri raises the liability limits for municipalities contained in Section 537.610 et seq., Revised Statutes of Missouri or elsewhere, Lessee shall increase the liability insurance required by this paragraph to an amount equal to those increased liability limits. 17. LESSEE'S RIGHT OF TERMINATION. Lessee shall have the right to terminate this lease upon the happening of one or more of the following events: A. The permanent abandonment of the Airport, B. The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control or use of the Airport, or nay substantial part thereof, in such a manner as to substantially restrict Lessee's use of the premises for a period of forty-five (45) days. C. Issuance by any Court of competent jurisdiction of any injunction in any way preventing or restricting the use of the Airport, and the remaining in force of such injunction for a period of at least forty-five (45) days. D. The default by Lessor in the performance of any covenant or agreement herein required to be performed by Lessor, and the failure of Lessor to remedy such default for a period of thirty (30) days after receipt from Lessee of written notice to remedy said default. Lessee may exercise the right of termination by written notice to Lessor at any time within thirty (30) days after any of the events mentioned in the preceding subparagraphs (A) through (D) above. 41 Page 18. LESSOR'S RIGHT OF TERMINATION. This lease shall be subject to termination by Lessor upon the happening of any one or more of the following events: A. Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the time such payment shall be due, B. Lessee shall make a general assignment for the benefit of creditors, C. Lessee shall file a voluntary, or have filed against it an involuntary, petition in bankruptcy, provided such petition whether voluntary or involuntary shall not be dismissed within fifteen (15) days after it is filed, D. Lessee shall abandon the demised premises, E. Lessee shall discontinue its use of the premises for a period of thirty (30) days, F. Lessee shall default in the performance of any of the other covenants, agreements and conditions required to be kept and performed by Lessee, and such default continue for a period of thirty (30) days after receipt of written notice from Lessor of said default. G. Lessee shall violate any portion of the "Cape Girardeau Regional Airport Rules and Regulation" in effect at any time during the term of this lease. Lessor may exercise the right of termination provided for herein by written notice to Lessee of its intention to terminate, and this lease shall terminate fifteen (15) days after the date of such notice. In the event of termination Lessor may take possession of the demised premises upon the effective date of said termination. Default under this lease shall entitle Lessor to declare all remaining installments or rentals to be due and payable immediately, and in the event Lessor shall take possession of the demised premises, it may relet the same upon such terms and conditions as it shall deem appropriate, and any deficiency in the rental payments shall be and remain the obligation of the Lessee. 19. NOTICES. Any notice or other communication to Lessor or Lessee referred to in this lease agreement shall be deemed validly given, served and delivered upon deposit in the United States Mail, registered and with proper postage and registration fee prepaid, addressed as follows: LESSOR: City Clerk City Hall 401 Independence P. O. Box 617 Cape Girardeau, Missouri 63702-0617 LESSEE: Inflight Corporation d/b/a Cape Air Charter P. O. Box 1808 Cape Girardeau, Missouri 63702 Attention: Bill Beard Email: beard Igcapeaircharter.com 51 Page 20. PARTIES BOUND. All of the terms, covenants and conditions herein contained shall be binding upon and shall inure to the benefit of the parties, their successors, heirs, executors, administrators and assigns. IN WITNESS WHEREOF, the parties here to have caused this agreement to be executed as of the day and year first above written at Cape Girardeau, Missouri. CITY OF CAPE GIRARDEAU, MISSOURI Scott Meyer City Manager ATTEST: Gayle L. Conrad City Clerk LESSEE Inflight Corporation d/b/a Cape Air Charter Bill Beard, Owner ATTEST: 61 Page 7 1 P a g e Staff: Katrina Amos, Airport Manager Agenda: 9/21/2020 SUBJECT A Lease Agreement with Eastern Aviation Fuels, Inc. DBA Titan Aviation Fuels, Inc. for refueling vehicles at the Cape Girardeau Regional Airport. EXECUTIVE SUMMARY The Fixed Base Operator (FBO), Cape Aviation, currently has three refueling vehicles in its fleet including: one (1) 5,000 gallon and one (1) 3,000 gallon Jet A truck, and one (1) 1,000 gallon 100 LL truck. These vehicles offer full-service fuel capabilities for both 100LL and Jet A fuel at the Cape Girardeau Regional Airport. The monthly lease for each truck is: 100LL (1,000gal) - $500.00 Jet A (3,000gal) - $750.00 Jet A (5,000gal) - $1,800.00 Effective September 1, 2019, the City entered into an Aviation Fuels Contract with Titan Aviation Fuels, Inc. for five (5) years with one (1) five (5) year extension. As a part of this agreement, Titan Aviation Fuels, Inc. offered no lease payments for the first year of the contract. The lease payments will begin September 1, 2020. BACKGROUND/DISCUS SION Eastern Aviation Fuels, Inc. DBA Titan Aviation Fuels, Inc. has provided aviation fuel services and refueling vehicles since the City began operating the FBO in 2002. Leasing the vehicles has proven to be more cost effective as Titan Aviation Fuels are responsible for all major repairs, leaving the City only responsible for minor repairs and preventative maintenance. In addition, the refueling vehicles are replaced at a more frequent rate, providing the airport/FBO with the ability to have newer, more reliable vehicles. This also allows the flexibility to adjust the fleet as needed, such was the case when the additional Jet A truck was added as a response to additional needs with the introduction of regional jet service to CGI in 2017. FINANCIAL IMPACT The five (5) year lease amount for all three refueling vehicles is $183,000. No lease payments for one (1) year saved the City $36,600.00. STAFF RECOMMENDATION It is recommended the City Council approve a resolution authorizing the City Manager to execute the attached Refueler Lease Agreement with Eastern Aviation Fuels, Inc. DBA Titan Aviation Fuels at the Cape Girardeau Regional Airport. ATTACHMENTS: Name: Description: ❑ Refueler Lease Agreenwnt Fastem Aviation Fuels dba Titan AiMgA.doc Resolution ❑ Cave Girardeau MO Refueler Lease Agreement .pdf Refueler Lease Agreement BILL NO. 20-142 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE YEAR REFEULER LEASE AGREEMENT WITH AVIATION FUELS, INC., D/B/A TITAN AVIATION FUELS, AT THE CAPE GIRARDEAU REGIONAL AIRPORT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a five (5) year Refueler Lease Agreement, with a five (5) year extension option, with Eastern Aviation Fuels, Inc., d/b/a Titan Aviation Fuels, for refueling vehicles, at the Cape Girardeau Regional Airport. This Contract follows the Aviation Fuels Contract Lease and will terminate at the same time. The Contract 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 STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU LEASE AGREEMENT THIS AGREEMENT, made and entered into this the 1St day of September, 2019, by and between EASTERN AVIATION FUELS, INC. DBA TITAN AVIATION FUELS, a corporation existing under and by virtue of the laws of the State of North Carolina, with its principal office in New Bern, North Carolina, and hereinafter referred to as "Lessor" and the CITY OF CAPE GIRARDEAU, hereinafter referred to as "Lessee": WITNESSETH Lessor agrees to deliver and lease to Lessee for Lessee's use at the Cape Girardeau Regional Airport, the aviation refueling truck (hereinafter referred to as "refueling equipment") described as follows: 2013 INTERNATIONAL 7400 VIN 1HTWCAAR9DJ053075 WITH 5000 GALLON TANK $1800/MONTH 2010 INTERNATIONAL 4400 VIN 3HAMKAAN6AL216270 WITH 3000 GALLON TANK $$750/MONTH 2013 FORD F450 VIN 1 FDUF4GY1 DEA04940 $500/MONTH NO LEASE PAYMENTS FOR FIRST YEAR OF CONTRACT This confirms our mutual understanding that the above described refueling equipment is, as of the above date, leased to Lessee subject to the following terms and conditions: 1. For the use of said refueling equipment during the term hereof, Lessor hereby agrees to lease to Lessee the refueling equipment for a rental fee of $3,050.00 per month, plus applicable sales and use tax, to commence as of the 1St day of September, 2020. Lessor shall be permitted to increase said rental while this agreement is in effect by giving Lessee at least sixty (60) days advance written notice of the effective date of said increased rental. In the event of any increase in rental, Lessee shall have the right to terminate this agreement on the effective date of said increase by giving Lessor thirty (30) days advance written notice of its intention to terminate on said effective date. 2. This agreement shall remain in effect for a primary term of five (5) years beginning on the 1St day of September, 2019, and for an indefinite period thereafter unless and until either party shall notify the other in writing of its desire to terminate this agreement at least thirty (30) days prior to expiration of the primary term, or any other desired termination date thereafter; provided however, this agreement may be terminated at any time without notice on account of breach or default of the terms of this agreement. 3. Said refueling equipment shall in no way become the property of Lessee, or anyone claiming thereunder, and shall be used solely by Lessee or its representatives at the City of Cape Girardeau, for handling the aviation fuels supplied by Titan Aviation Fuels. 4. Lessee shall pay all sales and property taxes, assessments, and licenses and registrations on said refueling equipment during the term of the lease, and furnish to Lessor's reasonable satisfaction, verification that payment has been made before said taxes, assessments, or fees become delinquent. 5. It is understood and agreed that Lessee will not encumber said refueling equipment or do or permit anything to prejudice the title of the owner thereto; will comply with all laws, ordinances, and regulations applicable to the refueling equipment; and Lessee agrees to release, indemnify and hold the Lessor and the owner of said refueling equipment harmless from and against any and all claims, liabilities, losses, obligations and causes of action for injury or death of any and all persons, or for damage to or destruction of any or all property arising out of or resulting from the condition, existence, use or maintenance of such refueling equipment, including, but not limited to loss or damage to the refueling equipment, whether or not any of same shall result in whole or in part from the negligence of Lessee or those acting under it. SAID REFUELING EQUIPMENT IS LEASED "AS IS" WITHOUT WARRANTY AS TO MERCHANTABILITY, TITLE, CONDITION, OR FITNESS FOR ANY PURPOSE. It is also agreed that Lessee shall not add or remove any equipment or appurtenances to or from said equipment without the written consent of Lessor. 6. It is further understood and agreed that each party accepts the applicable responsibilities for operating and maintaining said refueling equipment listed as hereafter provided, said list being made a part hereof by reference. Lessor shall be permitted access to inspect the refueling equipment at all reasonable times. 7. Lessee agrees that it shall return said refueling equipment to Lessor at the termination of this agreement in as good condition as when Lessee received it, normal wear and tear excepted. 8. Lessee agrees to maintain adequate physical damage insurance on refueling equipment during the term of this lease with Lessor named as an additional insured party, and to furnish a copy of certificate of insurance to Lessor. 9. This agreement supersedes and takes the place of all former agreements, and amendments thereto, heretofore entered into between the parties covering the lease of refueling equipment at the location above -stated. 10. Lessee agrees that it will not use or permit the use of the vehicle leased hereunder in a negligent or improper manner or in violation of any law; or so as to avoid any insurance covering the same; or as a public or private livery; or permit the vehicle to become subject to any lien, charge or encumbrances. 11. The Lessee is responsible for: A. Performing minor maintenance on refueler, including preventive maintenance, tune-ups, starter repair, battery replacement, alternator repair, filter/element replacement, ground reel replacement, deadman cable & handle replacement, fuel nozzle replacement, etc. The Lessor shall be responsible for major repairs if caused by normal wear and tear (engine or transmission rebuilding, etc.) B. Quality control inspections on the fueling equipment and for filter replacement at regular intervals. C. Furnishing all fuel for refueling equipment. D. Checking and maintaining sufficient supply of lubricating oil in crankcase. E. Checking regularly and maintaining sufficient supply of gear oil in transmission and differential. F. Pay for all ground reel equipment and replacement of aviation refueling hose. G. Checking battery water level weekly. Test and charge battery as necessary. Replace as needed. H. Maintaining proper air pressure in tires, and making all necessary tire changes and repairs, including replacements. I. Pay for all deadman cable and handle replacements. J. Checking and maintaining adequate all -season antifreeze in radiator to protect cooling system properly. Antifreeze shall be maintained in refueling equipment throughout the year. K. Keeping all fire extinguishers fully charged and in good working order. L. Pay for meter calibration, if any required. M. Inspect nozzle screens, filter, and filtering equipment daily, and clean as necessary. N. Furnish any ladders desired by Lessee. O. Pay for any fuel nozzle replacements. P. Reimburse Lessor for replacement of parts or equipment lost from refueler equipment, and for all expenses incurred for repairs to, and/or replacement of parts of, the refueling equipment through carelessness, abuse, or neglect. Q. Wash and clean refueling equipment as necessary to maintain good appearance. R. Advise Lessor at once if operation of truck or refueling system indicates need for repairs which are Lessor's responsibility. Cost of local repairs or replacements by others will not be paid or reimbursed by Lessor unless prior authorization is secured from Lessor. 12. Lessee agrees to release, defend, indemnify, and hold Lessor harmless from and against any and all claims, liabilities, or loss expense (including attorney fees), obligation and causes for action for injury to or death of any and all persons or for damage to or destruction of any and all property arising out of, or resulting from the use, maintenance and operation of the vehicle. 13. ATTORNEY AND/OR COLLECTION FEES: In the event of default by the Lessee, Lessee agrees to pay Lessor a late payment charge on any delinquent balance in the amount of 1.5% per month, 18.0% per annum or the maximum amount permitted by law from the date of default. Lessee agrees to pay any attorney or collection fees if incurred in the collection of any delinquent balance or the enforcement of this agreement. 14. The execution of this lease and the performance of any act pursuant to the provisions thereof shall not be deemed or constructed to have the effect of creating between Lessor and Lessee the relationship of principal or agent, or of a partnership or joint venture. Lessee shall indemnify and hold the Lessor harmless against any and all claims for damages or injury to any personal property sustained in the operation, use and maintenance of the said vehicle as a result of any willful, intentional, or negligent acts or conduct of Lessee, its agents or employees. IN WITNESS WHEREOF, the parties have hereunto caused this instrument to be executed in their corporate names by their Presidents, attested by their Secretaries, and their corporate seals to be hereto affixed, all by order of their respective Boards of Directors and this instrument is executed in duplicate originals, with each party retaining a copy thereof. This the day of LVAkI►I**"I WITNESS: ,20 EASTERN AVIATION FUELS, INC. DBA TITAN AVIATION FUELS Robert L. Stallings, IV - President CITY OF CAPE GIRARDEAU Scott Meyer, City Manager Staff: Ryan Shrimplin, AICP - City Planner Agenda: 9/21/2020 SUBJECT An Ordinance approving the record plat of Ratliff Acres. EXECUTIVE SUMMARY The attached ordinance approves a record plat for a one -lot subdivision at 717 North Sprigg Street. BACKGROUND/DISCUSSION A record plat has been submitted for Ratliff Acres, located at 717 North Sprigg Street and zoned R-4 (Medium Density Multifamily Residential). The plat combines several existing lots and vacated street and alley rights-of- way to form one new lot. The plat shows an exception for the omission of the required 10 foot utility easement along the right-of-way line and along the rear lot line of Lot 1. 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: D Record Plat Ratliff Acres.doc Ordinance ❑ Staff Review -Referral -Action Form.pdf Ratliff Acres - Staff RRA Form D Map- Ratliff Acres Subdivision.pdf Ratliff Acres - Map D Application - Ratliff Acres Record Plat.pdf Ratliff Acres -Application D RATLIFF ACRES PLAT - 9-42020.ndf Ratliff Acres - Record Plat BILL NO. 20-143 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF RATLIFF ACRES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Ratliff Acres, being that part of Out Lot 36, also known as that part of Lots 1, 2, 21 and all of Lot 16 of Henze's Addition, that part of a vacated alley being south of the south line of Pearl Street, that part of vacated Pearl Street, and that part of a vacated alley being north of the north line of Pearl Street and east of Lot 15 of Henze's Addition, all in Township 31 North, Range 14 East of the Fifth Principal Meridian in the City and County of Cape Girardeau, the State of Missouri, submitted by the Ratliff Revocable Trust U/A/D February 13, 2019, bearing the certification of Brian W. Strickland, a Registered Land Surveyor, dated the 10th day of September, 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 CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Ratliff Acres Subdivision LOCATION: 717 North Sprigg Street STAFF REVIEW & COMMENTS: A record plat has been submitted to combine multiple lots into one (1) parcel at 717 North Sprigg Street. SEE STAFF REPORT FOR MORE DETAILS. �-�Y - - 77 #/ -3 1 1Zo City Planner Date f>� v- 3 --2� r% City Att ey Date CITY MANAGER RHFERR?L TO THE PLANNING AND ZONING COMMISSION: ' - '71 rty Manager Date ping & Zoning Commission RECOMMENDED ACTION.• Favor Oppose Abstain Larry Dowdy ❑/ ❑ ❑ Jeff Glenn CSS ❑ ❑ Kevin Greaser Gid' ❑ ❑ Derek Jackson ❑ ❑ ❑ Patrick Koetting ❑ ❑ VOTE COUNT: COMMENTS: Favor Bruce Skinner Doug Spooler Ed Thompson Tom Welch l.% Oppose Favor Oppose Abstain Y ❑ ❑ ❑ j ❑ ❑ � 0 0 01 Abstain CITIZENS COMMENTING AT MEETING: 4 Kevin Greaser Planning & Zoning Commission Secretary City Council Action Ordinance 1" Reading Ordinance 2nd & 3rd Reading.- ORDINANCE eading: ORDINANCE # Effective Date: RATLIFF ACRES SUBDIVISION — w 818 ,e -r ° N * 1 i �Y 609 W E ► ./ i 609 ° 622 r 609 Jam, �. - ••£. .'f1 � �� - �'�' CITYOf CAPE Pt G1 R A R D E A U ' Legend 605 Created by: Development Services I 605 605::1 Carol Peters 71 Ratliff Acres Subdivision July 13, 2020-- 605 605 Parcels 0 25 50 100 Feet 603 ;_ _ Lot Lines e I I I 601 °601 601 1 716 , I 1 , ' — � 1 1 I , 1 , 1 1 1 1 1 "R, 1 1 714 1. ~ 710 708 719 i -- ---- C/ 7 717 f f f 704704 * 6 71 704704 4�_ i 704704 , 704704 704704 AIK 70 eZ- LafaYuce i i 9 n — w 818 ,e -r ° N * 1 i �Y 609 W E ► ./ i 609 ° 622 r 609 Jam, �. - ••£. .'f1 � �� - �'�' CITYOf CAPE Pt G1 R A R D E A U ' Legend 605 Created by: Development Services I 605 605::1 Carol Peters 71 Ratliff Acres Subdivision July 13, 2020-- 605 605 Parcels 0 25 50 100 Feet 603 ;_ _ Lot Lines e I I I 601 °601 601 „ SUBDIVISION PLAT APPLICATION \` CITY Of CAPE GIRARDEAU IF- t_a r�,,,� ;b�r: DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Name of Subdivision Type of Plat Ratliff Acres ❑ Boundary Adjustment ❑ Preliminary O Record Applicant Property Owner of Record (if other than Applicant) Ratliff Revocable Trust - Same as Applicant - Mailing Address City, State, Zip Mailing Address City, State, Zip 717 N. Sprigg St Cape Girardeau, MO 63701 Telephone Email Telephone Email (573) 335-5810 mratliff@caperatliff.com Contact Person (If Applicant is a Business or Organization) (Attach additional owners information, if necessary) Michael Ratliff Professional Engineer/Surveyor (if other than Applicant) Developer (if other than Applicant) Marc Mahnke/Brian Strickland - Strickland Engineering Mailing Address City, State, Zip Mailing Address City, State, Zip 113 W. Main Street Jackson, MO 63755 Telephone Email Telephone Email (573) 243-4080 mmahnke@stricklandengineering.com ADDITIONAL ITEMS In addition to this completed application form, the following items must be submitted: REQUIRED Review Fee (payable to City of Cape Girardeau) Single -Family or Two -Family Residential: $20.00 per lot ($100.00 minimum) Multi -Family Residential: $20.00 per dwelling unit ($100.00 minimum) See Instructions for more Non -Residential : $20.00 per acre ($100.00 minimum) information. ✓ Recording Fee Deposit (payable to City of Cape Girardeau) Sheet Size Record Plat Boundary Adjustment Plat 18” x 24" $44.00 $24.00 24" x 36" $69.00 $29.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) Two (2) full size prints of the plat Digital file of the plat in .pdf format (can be emailed to citypiannins(@cityofcape.ore) 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, 1 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 agr ement in accordance with the City's Code of Ordinances. If I am an agent, I hereby certify that I have n ' ied t Pro e_rty 0 r(s) o Record and the developer of these requirements. 2 Appliccaant Signature an_Printed Name Date /, 4-44— 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@citvofcape.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 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: Ratliff Acres 0 ❑ Sheet size - 18" x 24", 24" x 24", or 24" x 36" 0 ❑ 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" 0 ❑ 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 ❑ ❑ 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 ❑ ❑ Section/township/range lines accurately drawn and labeled D ❑ Adjacent parcel lines accurately drawn ❑ 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 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 ❑ ❑ 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 0 ❑ 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 ❑ ❑ 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) 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 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 D ❑ 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 ATRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS HEREBY NAMED " New right-of-way and/or easements - use standard language D ❑ Legal description checked against drawing for congruence 110 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 D ❑ County Recorder of Deeds' certification - use standard block D ❑ Surveyor's certification block Revised 12/06/2019 D117EcnC►"rEn 1. Document No. 2020-01907 (Subject) 2. Document No. 2019-01281 (Subject) 3. Document No. 2014-03387 (Subject) 4. Deed Book 245 Page 359 (subject) 5. Deed Book 266 Page 183 (subject) 6. Deed Book 296 Page 440 (subject) 7. Deed Book 832 Page 619 (subject) 8. Deed Book 1303 Page 561 9. Deed Book 377 Page 761 10. Deed Book 556 Page 26 11. Document No. 2009-08676 12. Document No. 2017-03483 13. Document No. 2014-08355 14. Document No. 2013-00235 15. Commission Form Ordinance Number 611 16. Commission Form Ordinance Number 363 17. Commission Form Ordinance Number 693 18. Ordinance Number 4545 ACCURACY STANDARD: TYPE URBAN SURVEYOR'S NOTE 1/2" IRON RODS WITH PLASTIC CAP SET AT ALL LOT CORNERS UNLESS OTHERWISE NOTED. FLOODPLAIN NOTE NO PORTION OF THE PROPERTY FALLS WITHIN A FLOOD HAZARD ZONE AS SHOWN ON THE FLOOD INSURANCE RATE MAP, COMMUNITY PANEL 29031CO259F FOR THE CITY OF CAPE GIRARDEAU, MISSOURI WITH AN EFFECTIVE DATE OF JANUARY 20, 2016. ZONING CLASSIFICATION °R-4° MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL DISTRICT MINIMUM LOT AREA : -TOWNHOUSE 1,400 SQ. FT -ALL OTHER USES 3,750 SQ. FT. MA,ximuM DENSITY: -18 UNITS PER ACRE MINIMUM LOT WIDTH: -TOWNHOUSE: 20 FEET -ALL OTHER USES: NONE MAXIMUM BUILDING COVERAGE : 50% OPEN SPACE REQUIREMENT : 20% BUILDING SETBACKS (FOR R-4 ZONING) FRONT SETBACKS: -TOWNHOUSE 10 FEET -ALL OTHER USES 25 FEET REAR SETBACKS: -TOWNHOUSE 20 FEET -ALL OTHER USES 25 FEET SIDE SETBACKS: -TOWNHOUSE NONE -ALL OTHER USES 5 FEET PROPOSED USE - NURSING HOME AN EXCEPTION IS SHOWN FOR THE OMISSION OF THE REQUIRED 10 FOOT UTILITY EASEMENT ALONG THE NORTH SPRIGG STREET RIGHT-OF-WAY LINE AND ALONG THE REAR LOT LINE OF LOT 1. I4 m North Basis Missouri State Plane Coordinate System 1983 East Zone 1 f EXISTING DRIVEWAY EASEMENT BENEFITTING LOTS 15, 20 & 21 • (DEED BOOK 130 PAGE 561) FOUND' CHISELED�- CROSS JODY & WILLIAM GEISER DOCUMENT NO. 2013-00235 LOT 20 �-� 133°3420' 1� FOUND CHISELED { 5' SIDE YARD 1 SETBACK 1 1 1 RATLIFF REVOCABLE TRUST 20 0 20 40 1 { U/A/D FEBRUARY 13, 2019 { DOCUMENT NO. 2020-01907 J { (DEED BOOK 245, PAGE 359) L { Nt r LOT 21 { LL f HIENZE'S ADDITION 1 �f LU LU 1 1 LG T 1 { 55,7 4 SF { r 1.28 ACRES } 1 { { { RATLIFF REVOCABLE TRUST U/A/D FEBRUARY 13, 2019. I DOCUMENT NO. 2020-01907 1 JODY & WILLIAM GEISER j (DEED BOOK 266, PAGE 183) { DOCUMENT NO. 2013-00235 { { f LOT 16 LOT 15 { HENZE'S ADDITION { � 25` REAR YARD 1 1 SETBACK FOUND IRON +`7f ti 25' FRONT YARD PIN WITH CAP 0 1 f -- SETBACK S83 °35'13"E 3.25' it ~ • -� . 1 VACATED PEARL STREET { IRON ROD KENNETH & DIANE BRYAN BOOK 377 PAGE 761 1 (VACATED BY COMMISSION FORM E 1 ORDINANCE 611/693) { O 1 RATLIFF REVOCABLE TRUST f U/A/D FEBRUARY 13, 2019 1 f f DOCUMENT NO. 2020-01907 (DEED BOOK 296, PAGE 440) �1 1 FOUND IRON AXLE• IV83�342 •,"� — PIN WITH CAP .0000, 1 % JOHN & KATHERINE BURIAN ' BOOK 556 PAGE 26 J LEGEND CROSS { { r { 1 IRON ROD (FOUND) 2. � f 3. { I 4. o 7 j r f AXLE (FOUND) 6. TLIFF REVOCABLE TRUST LLP { 7. U/A/D FEBRUARY 13, 2019 f 8. ----------- f + LOT 1 DOCUMENT NO. 2020-01907 - — — - RIGHT-OF-WAY LINE 10. (DEED BOOK 832, PAGE 619) { 11. 1 HENZF'S ADDITION Q BUILDING SETBACK LINE { CD � � f I LOT 2 0 5 SIDETCKE YARDD HENZE'S ADDITION POINT OF BEGINNING: FOUND CHISELED CROSS AT INTERSECTION OF SOUTH SIDE OF VACATED PEARL STREET AND WEST RIGHT-OF-WAY LINE OF NORTH SPRIGG STREET FOUND IRON AXLE• IV83�342 •,"� — PIN WITH CAP .0000, 1 % JOHN & KATHERINE BURIAN ' BOOK 556 PAGE 26 J LEGEND `r { r C) IRON ROD (FOUND) 2. iI IRON ROD W/CAP (FOUND) 3. { I 4. , 1/2" IRON ROD (SET) f AXLE (FOUND) 6. TLIFF REVOCABLE TRUST SUBDIVISION BOUNDARY LINE 7. U/A/D FEBRUARY 13, 2019 f 8. ----------- f + LOT 1 DOCUMENT NO. 2020-01907 - — — - RIGHT-OF-WAY LINE 10. (DEED BOOK 832, PAGE 619) { 11. 1 HENZF'S ADDITION 12. BUILDING SETBACK LINE { { I LOT 2 5 SIDETCKE YARDD HENZE'S ADDITION { FOUND IRON AXLE• IV83�342 •,"� — PIN WITH CAP .0000, 1 % JOHN & KATHERINE BURIAN ' BOOK 556 PAGE 26 J LEGEND 1. C) IRON ROD (FOUND) 2. IRON ROD W/CAP (FOUND) 3. CHISELED CROSS (FOUND) 4. , 1/2" IRON ROD (SET) 5. AXLE (FOUND) 6. SUBDIVISION BOUNDARY LINE 7. ADJOINER LOT LINE 8. ----------- LOT LINE TO BE ELIMINATED 9. - — — - RIGHT-OF-WAY LINE 10. ------- CENTERLINE 11. - — — — — - EXISTING EASEMENT LINE 12. BUILDING SETBACK LINE vv 78T.gp' 5G HOMES LLC DOCUMENT N0, 2017-03483 HOME SECURITY TRUST DOCUMENT NO. 2009-08676 SURVEY CERTIFICATION THIS IS TO CERTIFY THAT AT THE REQUEST OF RATLIFF REVOCABLE TRUST, I HAVE SURVEYED PART OF, TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, AND HAVE SUBDIVIDED IT AS SHOWN ON THIS PLAT IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS. IN WITNESS WHEREOF, I HAVE HERETO SET MY SEAL AND SIGNATURE THIS DAY OF 2020. BRIAN W. STRICKLAND MO -PLS 2005000069 113 W. MAIN STREET JACKSON, MISSOURI 63755 RECORD PLAT OF RA TL IFF ACRES THAT PART OF OUT LOT 36, ALSO KNOWNAS THAT PART OF LOTS 1, 2,21 AND ALL OF LOT 16 OF HENZE'S' ADDITION, THAT PART OFA VACATED ALLEY BEING SOUTH OF THE SOUTH LINE OF PEARL STREET, THAT PART OF VACATED PEARL STREET, AND THAT PART OFA VACATED ALLEY BEING NORTH OF THE NORTH LAVE OF PEARL STREET AND EAST OF LOT 15 OF HENZE'S ADDITION, ALL IN TOINNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUNTY OF CAPE GIRARDEAU, THE STATE OF MISSOURI UBDIVISION DEDICATION THE UNDERSIGNED, CARLOS E. RATLIFF AND EMMAGENE RATLIFF, TRUSTEES OF THE RATLIFF REVOCABLE TRUST U/A/D FEBRUARY 13, 2019, THE OWNER OF THAT PART OF OUT LOT 36, ALSO KNOWN A5 THAT PART QF LOTS 1, 2, 21 AND ALL OF LOT 16 OF HENZE'S ADDITION, THAT PART OF A VACATED ALLEY BEING SOUTH OF THE SOUTH LINE OF PEARL STREET, THAT PART OF VACATED PEARL STREET, AND THAT PART OF A VACATED ALLEY BEING NORTH OF THE NORTH LINE OF PEAR STREET AND EAST OF LOT 15 OF HENZE'S ADDITION, ALL IN TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUNTY OF CAPE GIRARDEAU, THE STATE OF MISSOURI, CONTAINING 55,774 SQUARE FEET (1.28 ACRES), MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A FOUND CHISELED CROSS AT THE INTERSECTION OF THE SOUTH SIDE OF VACATED PEARL STREET AND THE WEST RIGHT—OF—WAY LINE OF NORTH SPRIGG STREET; THENCE WITH SAID WEST LINE OF NORTH SPRIGG STREET SOUTH 06 DEGREES 24 MINUTES 48 SECONDS WEST 65.76 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID OUT LOT 36, NORTH 83 DEGREES 34 MINUTES 20 SECONDS WEST 187.90 FEET; THENCE NORTH 02 DEGREES 31 MINUTES 06 SECONDS EAST 95.98 FEET TO A POINT ON THE CENTERLINE OF VACATED PEARL STREET; THENCE WITH SAID CENTERLINE SOUTH 83 DEGREES 35 MINUTES 13 SECONDS EAST 3.25 FEET, TO A POINT ON THE CENTERLINE OF A VACATED ALLEY; THENCE WITH SAID CENTERLINE, NORTH 06 DEGREES 24 MINUTES 48 SECONDS EAST 196.00 FEET, TO A POINT BEING 166 FEET PERPENDICULAR TO AND NORTH OF THE NORTH LINE OF SAID VACATED PEARL STREET; THENCE PARALLEL WITH SAID VACATED PEARL STREET, SOUTH 83 DEGREES 34 MINUTES 20 SECONDS EAST 191.17 FEET, TO A POINT ON SAID WEST RIGHT-OF-WAY LINE OF NORTH SPRIGG STREET; THENCE WITH SAID WEST RIGHT-OF-WAY LINE SOUTH 06 DEGREES 24 MINUTES 48 SECONDS WEST 226.00 FEET TO THE POINT OF BEGINNING. THE HEREIN DESCRIBED TRACT IS SUBJECT TO ALL EASEMENTS, RIGHTS OF WAY, RESTRICTIONS AND LICENSES AFFECTING THE SAME, EITHER WRITTEN OR IMPLIED. THE DESCRIBED TRACT IS INTENDED TO BE THE SAME AS THE TRACT DESCRIBED IN DEED BOOK 245 ON PAGE 359, DEED BOOK 266 ON PAGE 183, DEED BOOK 296 ON PAGE 440, DEED BOOK 832 ON PAGE 619, POR11ONS OF VACATED PEARL STREET, AND PORTIONS OF THE EAST HALF OF A VACATED ALLEY. WE HEREBY DECLARE THAT WE HAVE CAUSED THE FOREGOING DESCRIBED TRACT OF LAND TO BE RE -SUBDIVIDED INTO A SINGLE LOT AS SHOWN ON THE ANNEXED PLAT, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS HEREBY NAMED RATLIFF ACRES. IN WITNESS WHEREOF, WE HAVE CAUSED THESE PRESENTS TO BE SIGNED THIS DAY OF 20-- CARLOS E. RATLIFF, TRUSTEE RATLIFF REVOCABLE TRUST U/A/D FEBRUARY 13, 2019 STATE OF MISSOURI, COUNTY OF CAPE GIRARDEAU EMMAGENE RATLIFF, TRUSTEE RATLIFF REVOCABLE TRUST U/A/D FEBRUARY 13, 2019 ON THIS DAY OF , 20 . BEFORE ME APPEARED CARLOS E. RATLIFF AND EMMAGENE RATLIFF, TO ME PERSONALLY KNOWN, WHO BEING BY ME DULY SWORN DID SAY THAT THEY ARE THE TRUSTEES OF THE RATLIFF REVOCABLE TRUST U/A/D FEBRUARY 13, 2019, AND ACKNOWLEDGED THAT THEY EXECUTED THE FOREGOING INSTRUMENT AS THE FREE ACT AND DEED OF SAID TRUST. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARIAL SEAL IN THE STATE AND COUNTY AFORESAID ON THE DAY AND YEAR ABOVE WRITTEN. NOTARY PUBLIC MY COMMISSION EXPIRES I,ee__ , CITY CLERK OF THE CITY OF CAPE GIRARDEAU, MISSOURI HEREBY DECLARE THAT THIS PLAT WAS PRESENTED TO AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI ON THE DAY OF 20BY ORDINANCE NO. CITY CLERK, CITY OF CAPE GIRARDEAU, MISSOURI STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU FILED FOR RECORD THIS —_ 1 RECORDED IN DOCUMENT NUMBER DAY OF 20AND DULY ANDREW DAVID BLATTNER RECORDER OF DEEDS, CAPE GIRARDEAU COUNTY, MISSOURI Staff: Ryan Shrimplin, AICP - City Planner Agenda: 9/21/2020 SUBJECT An Ordinance approving the record plat of Court 1 Subdivision, Plat No. 2. EXECUTIVE SUMMARY The attached ordinance approves a record plat for a two -lot subdivision at 11 South Kingshighway. BACKGROUND/DISCUSSION A record plat has been submitted for Court 1 Subdivision, Plat No. 2, located at 11 South Kingshighway and zoned C-2 (Highway Commercial). The plat reconfigures parts of two existing lots 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 Lot 2. Staff supports the exception because there are no existing or proposed utilities in the area 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: D Record Plat -Cour 1 Subdivision Plat No. 2.doc Ordinance ❑ Staff Review -Referral -Action Form.pdf Court 1 Subdlbtslon, Plat No. 2 - Staff RRA Form D Map- Court 1 Subdivision Plat NQpdf Court 1 Subdi\lsion, Plat No. 2 - Map D Application_ -_Court I Subd. Plat No. 2.pdf Court 1 Subditision, Plat No. 2 - Application D 180543 -Court 1 Subdivision Plat No. 2 (Reduced File Size).pdf Court 1 Subdi\Aslon, Plat No. 2 - Record Plat BILL NO. 20-144 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF COURT 1 SUBDIVISION, PLAT NO. 2 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Court 1 Subdivision, Plat No. 2, being a resubdivision of part of Lots 1 and 2 of Popp's Subdivision as recorded in Survey Book 8 at Page 158 in the land records of Cape Girardeau Country, Missouri, located in U.S. Private Survey No. 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, in the City and County of Cape Girardeau, State of Missouri, submitted by Orscheln Properties Co. L.L.C., bearing the certification of David W. Borden, a Registered Land Surveyor, dated the 4th day of September, 2020, including all exceptions and variances, 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 GIRARDEA U, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Court 1 Subdivision, Plat No. 2 LOCATION: 11 South Kingshighway STAFF REVIEW &c COMMENTS: A record plat has been submitted to reconfigure a parcel into two (2) new lots at 11 South Kingshighway. SEE STAFF REPORT FOR MORE DETAILS. L City Pl er F 2-0 Date /)V/0Z''.'� zll�2r 7VAO/*�� ity A e Date CITY MANAG �EF_ERRAL TO THE PLANNING AND ZONING COMMISSION: Ci anager Date Planning & Zoning Commission RECOMMENDED ACTION.• Favor Oppose Abstain FavoT Oppose Abstain Larry Dowdy Ll L) LlBruce Skinner ❑ ❑ Jeff Glenn i ❑ ❑ Doug Spooler ❑ ❑ ❑ Kevin Greaser f ❑ ❑ Ed Thompson uj, ❑ ❑ Derek Jackson ❑❑ ❑ Tom Welch [ ❑ ❑ Patrick Koetting ❑ ❑ VOTE COUNT:' Favor Oppose ) Abstain COMMENTS: CITIZENS COMMENTING AT MEETING: Kevin Greaser Planning & Zoning Commission Secretary City Council Action Ordinance I" Reading Ordinance 2nd & 3Yd Reading: ORDINANCE # Effective Date: COURT 1 SUBDIVISION, PLAT NO.2 R, 1 - ' 2350 Independence St ,97 97 X97 X97 - ' 9 E 97 j 97_97.97 97 97 19f& All a r® 17 40 7 �' r r 15 -------- r 4 �C 19 N---�� i w+ AMP L - f� CITYOCAPE G I R A R D E A U Y /" Created by: Development Services Carol Peters Merriwether St Legend July 21, 2020 J, ® Court 1 Subd., Plat No. 2 0 62.5 125 250 Feet 31 Parcels SUBDIVISION PLAT APPLICATION CITY Of CAPE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Name of Subdivision Type of Plat Court 1 Subdivision, Plat No. 2 ❑ Boundary Adjustment ❑ Preliminary ❑ Record Applicant Property Owner of Record (if other than Applicant) Orscheln Properties Management Mailing Address City, State, Zip Mailing Address City, State, Zip 1313 Riley Industrial Drive, PO Box 676 Moberly, MO 65270 Telephone Email Telephone Email 660.269-3476 �jsnodgrass@orscheln.com Contact Person (If Applicant is a Business or Organization) (Attach additional owners information, if necessary) Joe Snodgrass Professional Engineer/Surveyor (if other than Applicant) Developer (if other than Applicant) Crocket Engineering Consultants Mailing Address City, State, Zip Mailing Address City, State, Zip 1000 W. Nifong Blvd, Bldg. 1 Columbia, MO 65203 Telephone Email Telephone Email 660.447.0292 �dborden@crockeftengineering.com ADDITIONAL ITEMS In addition to this completed application form, the following items must be submitted: REQUIRED Review Fee (payable to City of Cape Girardeau) Single -Family or Two -Family Residential: $20.00 per lot ($100.00 minimum) Multi -Family Residential: $20.00 per dwelling unit ($100.00 minimum) See Instructions for more Non -Residential : $20.00 per acre ($100.00 minimum) information. ✓ Recording Fee Deposit (payable to City of Cape Girardeau) Sheet Size Record Plat Boundary Adjustment Plat 18" x 24" $44.00 $24.00 24" x 36" $69.00 $29.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) ✓ Two (2) full size prints of the plat ✓ Digital file of the plat in .pdf format (can be emailed to cityplannine@citvofcape.ors) 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. Joe Snodgrass plicant Signatuk and Printed Name OFFICE USE ONLY Date Received & By 07/14/2020 Date 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 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. Court 1 Subdivision, Plat No. 2 0 ❑ Sheet size - 18" x 2411, 24" x 24", or 24" x 36" 0 ❑ White background with black text and graphics; greyscale allowed; no other colors 0 ❑ Border - rectangular, solid line(s) Cl ❑ 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 - Fist 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 ❑ ❑ 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 ❑ ❑ 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 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 ❑ ❑ 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 0 ❑ 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 ❑ ❑ 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) • 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 D ❑ 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 Cl ❑ Subdivision Dedication: 0 0 0 El D • 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 ❑ Legal description checked against drawing for congruence ❑ 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 ❑ City Clerk's certification - use standard block for record plats ❑ County Recorder of Deeds' certification - use standard block ❑ Surveyor's certification block Revised 12/06/2019 D FOR RECORD IN CAPE GIRARDEAU COUNTY, MISSOURI 434DREW BLATTNER, RECORDER OF DEEDS INDEPENDENCE ST Y� 3 eR°'OS i Y WILLIAM S7 °j LOCATION MAP NOT TO SCALE 276.38' F ^I Eq \y\S��pF9 RRt p Rf.O,tiD'�'I SCALE: 1"=50' \ 0 25 50 100 BEARINGS ARE REFERENCED TO GRID NORTH, OF THE MISSOURI STATE PLANE COORDINATE SYSTEM (FAST ZONE), OBTAINED FROM GPS OBSERVATION. LEGEND: 5 85'30'4. E` 40.33' (M) E EXISTING \ S SET - SET 1/2" IRON PIPE (UNLESS NOTED OTHERWISE) (M MEASURED DISTANCE (REC RECORDED DISTANCE DHX DRILL HOLE W/ CHISELED X P.O.B. POINT OF BEGINNING SUBDIVISION BOUNDARY LINE -- LOT LINE TO BE ELIMINATED NEW LOT LINE -- -- — ADJOINER LOT LINE EXISTING EASEMENT LINE ----- NEW EASEMENT UNE --- BUILDING SE13ACK LINE — — EXISTING RIGHT OF WAY LINE ---- NEW RIGHT OF WAY LINE CENTERLINE ZONING INFORMATION: ZONING C-2, HIGHWAY COMMERCIAL DISTRICT N 3226'35" W ---*' 22,04' (M)(REC) N 21'03'40" W --- 81.15'(M)(REC) N 2'16'45" W----' 29.52' (M)(REC) J I F, GOR pF O pER ROp V, I NUMBER OF LOTS = 2 TOTAL AREA OF SUBDIVISION = 5.62 ACRES (244,940 SQ. FT.) INCLUDING RIGHT OF WAY SMALLEST LOT SIZE = 0.52 ACRES (22,753 SQ. FT.) LARGEST LOT SIZE = 5.03 ACRES (219,164 SQ. FT.) MAX. HEIGHT: 5 STORIES NOT TO EXCEED 60 FEET MIN. LOT AREA: NONE MIN. LOT WIDTH: NONE MIN. SETBACK REQUIREMENTS: FRONT YARD = 25 FEET REAR YARD = NONE, EXCEPT 20 FEET WHEN ADJACENT TO A RESIDENTIAL USE OR DISTRICT, OR 10' WHEN ADJACENT TO AN AGRICULTURAL USE OR DISTRICT SIDE YARD =NONE EXCEPT 20 FEET WHEN ADJACENT TO A RESIDENTIAL USE OR DISTRICT, OR 10' WHEN ADJACENT TO AN AGRICULTURAL USE OR DISTRICT MIN. OPEN SPACE = 15 PERCENT OF THE TOTAL LOT AREA RECORD PLAT COURT 1 SUBDIVISION, PLAT No. 2 A HtZ>Ut$U1VR5IUN UI- NAH 1 UI- LU I S 1 ANU 2 OF T'UNI'S SUUUIVISIUN AS HLUUHULU IN SUHVtY BOOK 8 AT PAGE 158 IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, LOCATED IN U.S. PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI JULY 15, 2020 I INDEPENDENCESTREET o (70' WIDE EXISTING R/W) M THE UNDERSIGNED, ORSCHELN PROPERTIES CO. LLC., A MISSOURI LIMITED LIABILITY COMPANY, OWNER OF PART OF LOTS 1 AND 2 OF POPP'S SUBDIVISION AS RECORDED IN SURVEY BOOK 8 AT PAGE 158 IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, LOCATED IN U.S. PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, AND DESCRIBED BY WARRANTY DEED RECORDED IN DOCUMENT NUMBER 2019-12973 IN SAID LAND RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 2, COURT 1 SUBDIVISION RECORDED IN BOOK 17, PAGE 29 AND DESCRIBED BY WARRANTY DEED RECORDED IN DOCUMENT NO. 2006-02171, S 85'01'40"E. 271.00 FEET TO THE WEST RIGHT OF WAY LINE FOR U.S. HIGHWAY 61 (ALSO KNOW AS S. KINGSHIGHWAY)• THENCE WITH SAID WEST RIGHT OF WAY LINE S 15'04'45"W 114.58 FEET' THENCE LEAVING SAID WEST RIGHT OF WAY LINE AND WITH THE SOUTH UNE OF A TRACT OF LAND DESCRIBED BY WARRANTY DEED RECORDED IN DOCUMENT NUMBER 2019-12973, N 84'47'40'W, 740.45 FEET; THENCE LEAVING SAID SOUTH LINE AND WITH THE WEST LINE OF SAID TRACT THE FOLLOWING COURSES AND DISTANCES, N 2'16'451, 29.52 FEEF,, THENCE N 21.03'40"W, 81.15 FEET; THENCE N 3226'35", 22.04 FEET, THENCE S 85'30'45"E, 40.33 FEET; THENCE N 4'40'10"E, 312.65 FEET TO THE SOUTH RIGHT OF WAY LINE FOR INDEPENDENCE STREET; THENCE WITH SAID SOUTH RIGHT OF WAY UNE, S 83'33'20"E, 503.78 FEET; THENCE LEAVING SAID SOUTH RIGHT OF WAY UNE, S 4'58'20"W, 309.96 FEET TO THE POINT OF BEGINNING AND CONTAINING 5.62 ACRES. HEREBY DECLARE THAT WE HAVE CAUSED SAID LAND TO BE SUBDIVIDED INTO LOTS AS SHOWN HEREON, AND DO HEREBY DEDICATE PUBLIC RIGHT OF WAY AND ESTABUSH EASEMENTS AS SHOWN HEREON, AND DO HEREBY NAME SAID SUBDIVISION "COURT i SUBDIVISION, PLAT NO. 2". AREAS SHOWN HEREON AS RIGHT OF WAY ARE HEREBY DEDICATED TO THE PUBLIC IN PERPETUITY FOR PUBLIC PURPOSES. THE UTILITY EASEMENTS SHOWN HEREON ARE HEREBY GRANTED TO THE CIN OF CAPE GIRARDEAU, MISSOURI IN PERPETUITY FOR PUBLIC PURPOSES, INCLUDING THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF CIN WATER AND SEWER SYSTEMS, AND AS MAY BE AUTHORIZED BY THE CIN OF CAPE GIRARDEAU, MISSOURI 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. A NON-EXCLUSIVE CROSS ACCESS EASEMENT IS HEREBY ESTABLISHED ACROSS ALL OF LOTS 1 AND 2 FOR THE USE AND BENEFIT OF THE CURRENT AND FUTURE OWNERS OF LOTS i AND 2 AND THEIR RESPECTIVE TENANTS AND INVITEES, FOR THE SOLE PURPOSE OF PROVIDING INGRESS AND EGRESS BETWEEN LOTS 1 AND 2 AND BETWEEN SAID LOTS AND THE ADJACENT STREETS. SAID CROSS ACCESS EASEMENT SHALL BE SOLELY OVER SUCH DRIVE AISLES AS MAY FROM TIME TO TIME BE CONSTRUCTED AND MAINTAINED FOR SUCH USE. THE SUBDIVISION SHALL BE SUBJECT TO PRIVATE RESTRICTIONS AS SET OUT IN A SEPARATE INSTRUMENT ON FILE IN THE LAND RECORDS OF SAID COUNTY, ORSCHELN PROPERTIES CO. LIC EXISTING ST RECIPROCAL S ^-- CROSS ESMT. - MAGW & SCHNUCK MARKETS S 85'01'40" E 234 78 (DEED BOOK 330, PACE 275) I w n O 469.47' 0.52 ACRES N 84'47'40"z 22,753 SQUARE FEET I %N 740,45'(M) 74 2.25 (REC) S N 84'47'40" W 250,98' y.�SG RpRQ R� eti SpNRJ�C�N•`( p�ti0\p/06 �TgFP'�oo�l NOTES: 1- THIS TRACT IS NOT LOCATED IN THE 100 -YEAR FLOOD PLAIN AS SHOWN BY THE F.E.M.A. F.I.R.M. PANEL NO. PANEL NO. 29031CO266E, DATED: SEPTEMBER 29, 2011. 1. THIS SURVEY CONFORMS TO THE ACCURACY STANDARDS FOR URBAN PROPERTY AS DEFINED BY CODE OF STATE REGULATIONS 2 CSR 90-60.040(2)(A), 2. A CURRENT TITLE COMMITMENT WAS NOT PROVIDED FOR THIS SURVEY, 3. AN EXCEPTION IS SHOWN FOR THE OMISSION OF THE REQUIRED 10 FOOT UTILITY EASEMENT ALONG THE REAR LOT LINE OF LOT 2. REFERENCES: COURT 1 SUBDIVISION, PLAT BOOK 17, PAGE 29 POPP'S SUBDIVISION, SURVEY BOOK 8, PAGE 158 WARRANTY DEED, DOC.# 2019-12973 WARRANTY DEED, DOC.# 2018-06824 WARRANTY DEED, DOC.# 2007-02737 WARRANTY DEED, DOC.# 2006-02171 WARRANTY DEED, DOC.# 2012-13549 UTILITY EASEMENT, BOOK 304, PAGE 741 ONUNE MAPPING RECORDS FOR CAPE GIRARDEAU COUNTY, HTTP://GISCAPECOUNTY.US/TAXPARCELAEWER/ s Z -. NOTARY PUBLIC -- -4"' W KENNETH FARRIS MY COMMISSION EXPIRES APRIL 22, 2022 S 4'59'35" W---' 12.00' S S ,o a v COMMISSION NUMBER 14965667 3 S 85'010 E / S.. v KENNETH FARRIS 3 30.. 00' 0 3 Q' Na[a Pueli No un Seal s to o1`M1a i cola c y j �in �p Cotem'rsslon 14965667 -/ . / o CD Mr comn,;�loo rKv�req a4-2z-2o2z ill CO; J E I,— CITY CLERK OF THE CIN OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PIAT WAS / APPROVED BY THE CIN OF CAPE GIRARDEAU, MISSOURI BY ORDINANCE NO PASSED AND APPROVED THIS DAY OF 2020. CITY CLERK, CITY OF CAPE GIRARDEAU, MISSOURI STATE OF MISSOURI ISS COUNTY OF FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF DEEDS OF CAPE GIRARDEAU COUNTY, MISSOURI, IN DOCUMENT N0. AT JACKSON, MISSOURI, THIS DAY OF . 2020. ANDREW DAVID BIATTNER RECORDER OF DEEDS OF CAPE GIRARDEAU COUNTY, MISSOURI S 83'33'20" E 503.78'(M) gg8.50' (HEC) 6' ADDITIONAL R/W RUSS FREED, EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER �. 2 6.00' .? r s STATE OF MISSOURI SS ----- _____ �, —' --.... — NEW lG• unulr ESML—"' COUNTY OF --" --- --�,—'-'—__ eLOG__UNE S ON THIS -- DAY OF , IN THE YEAR 2020 BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, PERSONALLY APPEARED RUSS FREED, EXECUTIVE NCE PRESIDENT AND GENERAL MANAGER OF ORSCHELN PROPERTIES CO., LLC., A MISSOURI LIMITED LIABILITY COMPANY, KNOWN TO ME TO BE THE PERSON DESCRIBED HEREIN, WHO EXECUTED THE WITHIN INSTRUMENT IN BEHALF OF SAID LIMITED LIABILITY COMPANY AND DEED BOOK 304, PAGE 741 EXHIBIT 0-1 EXISTING ASPHALT ACCESS ESML�I ��IXISPNC 15' ASPHALT ACCESS ESMi. - DEED BOOK 304, PAGE 741 EXHIBIT 0-2 ACKNOWLEDGED THAT HE EXECUTED THE SAME AS THE FREE ACT AND DEED OF SAID LIMITED LIABILITY COMPANY FOR THE PURPOSES THEREIN STATED. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, THE DATE FIRST ABOVE WRITTEN. O AVO• 15.00' �'� 15,00' ` 7 O VO 'o) \ NOTARY PUBLIC MY ION EXPIRES io R COMMISSION BER ��p'Fl F9 .\ SOR�p'�� � ti0\p � I Op4F.SSp \35 MGO��aa� p ry0\ry pY$g1PSit""OOC,� O 117 OORp lye OR ,NPR p0 \� v 0 E ePO� I c�Jppe\pOY'S 5.03 ACRES M 1 HEREBYTHAT ON JULY B. OM E E A SUMISSOURIYR THE ABOVE DESCRIBED PROPERTY ANDIT EOWN CERTIFY, 1 COMPLETED 219,164 SQUARE FEET . -_ GO1101 ON IN ACCORDANCE BOUNDARY SURVEYS. 11114 \Nto 0A _ --_ _ \ONRPpEO- Sp OKi�"V---- _ SURVEY AND PLAT BY: + EXISTING 15• SEWER ESMT. _ R�\Ae0 \� E CROCKETT ENGINEERING CONSULTANTS, LLC r, � (� 1000 W. NIFONG BLVD. BUILDING 1 '}jJ/,/�, �OEED BOOK 441, PAGE 889 pV9 f-OOR \56 I �p 7 \pN `— COLUMBIA, MO 65203 'CPS\�B pPOR cO'oli WO DAVID W. BORDEN, PLS -2002000244 bOp� p2\3 CORPORATE NUMBER: 2000151304 l'LJ QpeeSJS I DATE \N I o\N��OOtt�p� R Rc9 \� / STATE OF MISSOURIi SS S S.W. CORNER OF LOT 2E Tti"'-------_ - S 85'01'40" --- '-"'-- Q COUNTY OF 129 117U E 271'00' M 270.01'(REC) --__oE SO SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF IN THE YEAR 2020. PIACOURT PAGE Z EXISTING ST RECIPROCAL S ^-- CROSS ESMT. - MAGW & SCHNUCK MARKETS S 85'01'40" E 234 78 (DEED BOOK 330, PACE 275) I w n O 469.47' 0.52 ACRES N 84'47'40"z 22,753 SQUARE FEET I %N 740,45'(M) 74 2.25 (REC) S N 84'47'40" W 250,98' y.�SG RpRQ R� eti SpNRJ�C�N•`( p�ti0\p/06 �TgFP'�oo�l NOTES: 1- THIS TRACT IS NOT LOCATED IN THE 100 -YEAR FLOOD PLAIN AS SHOWN BY THE F.E.M.A. F.I.R.M. PANEL NO. PANEL NO. 29031CO266E, DATED: SEPTEMBER 29, 2011. 1. THIS SURVEY CONFORMS TO THE ACCURACY STANDARDS FOR URBAN PROPERTY AS DEFINED BY CODE OF STATE REGULATIONS 2 CSR 90-60.040(2)(A), 2. A CURRENT TITLE COMMITMENT WAS NOT PROVIDED FOR THIS SURVEY, 3. AN EXCEPTION IS SHOWN FOR THE OMISSION OF THE REQUIRED 10 FOOT UTILITY EASEMENT ALONG THE REAR LOT LINE OF LOT 2. REFERENCES: COURT 1 SUBDIVISION, PLAT BOOK 17, PAGE 29 POPP'S SUBDIVISION, SURVEY BOOK 8, PAGE 158 WARRANTY DEED, DOC.# 2019-12973 WARRANTY DEED, DOC.# 2018-06824 WARRANTY DEED, DOC.# 2007-02737 WARRANTY DEED, DOC.# 2006-02171 WARRANTY DEED, DOC.# 2012-13549 UTILITY EASEMENT, BOOK 304, PAGE 741 ONUNE MAPPING RECORDS FOR CAPE GIRARDEAU COUNTY, HTTP://GISCAPECOUNTY.US/TAXPARCELAEWER/ s Z -. NOTARY PUBLIC -- -4"' W KENNETH FARRIS MY COMMISSION EXPIRES APRIL 22, 2022 S 4'59'35" W---' 12.00' S S ,o a v COMMISSION NUMBER 14965667 3 S 85'010 E / S.. v KENNETH FARRIS 3 30.. 00' 0 3 Q' Na[a Pueli No un Seal s to o1`M1a i cola c y j �in �p Cotem'rsslon 14965667 -/ . / o CD Mr comn,;�loo rKv�req a4-2z-2o2z ill CO; J E I,— CITY CLERK OF THE CIN OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PIAT WAS / APPROVED BY THE CIN OF CAPE GIRARDEAU, MISSOURI BY ORDINANCE NO PASSED AND APPROVED THIS DAY OF 2020. CITY CLERK, CITY OF CAPE GIRARDEAU, MISSOURI STATE OF MISSOURI ISS COUNTY OF FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF DEEDS OF CAPE GIRARDEAU COUNTY, MISSOURI, IN DOCUMENT N0. AT JACKSON, MISSOURI, THIS DAY OF . 2020. ANDREW DAVID BIATTNER RECORDER OF DEEDS OF CAPE GIRARDEAU COUNTY, MISSOURI Gayle L. Conrad, CMC/MRCC, Staff: Director of Citizen Services/City Agenda: Clerk 9/21/2020 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 FT71 No Mary Darby ®No Sunil Mungee ® No Alyssa Phares 2� No Melissa Stickel ® No Sid Whittington ©No Teresa Wilke ©1 No Deborah Young 0 No BACKGROUND/DISCUSSION 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, famish 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. STAFF RECOMMENDATION The Planning and Zoning Commission recommends appointing Scott Blank or Teresa Wilke for a term expiring November 1, 2023. ATTACHMENTS: Name: Description: D roster attendance.pzndf Planning and Zoning Attendance Roster U Roster(t .docx Planning and Zoning Roster PLANNING AND ZONING ADVISORY COMMISSION Attendance Record Ordinance effective 4/13/00 P = present, A = absent 2020 2nd Wednesday . • • - . • • Lei - 000000000___ - • 1 1 ____----- Greaser, 000000000_----- Kevin 0000000©oii�0���������� Jackson, Derek .Lei Derek •- • -. 000000000___-____- 1 I �-- Skinner, Bruce 000000000___-____- �-- Skinner, Bruce 000000000i�1�0���������� 1 1 1 --- Spooler, Douglas Spooler, Douglas • 1 (Thompson, Thomas •--- ______Resigned . .. Thomas�-- 2019 2nd Wednesday . • • - Kevin 0000000©oii�0���������� .Lei Derek �-- Skinner, Bruce 000000000i�1�0���������� Spooler, Douglas . .. Thomas�-- CITY OF CAPE GIRARDEAU, 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. Plannin,- and Zonin,- Commission Vacant Date Reappointed 10/17/16 10/17/16 8/4/14; 10/17/16 10/21/13; 11/06/17 07/05/16; 11/19/18 11/04/19 Term Expires Date Appointed Larry Dowdy October, 15, 2012 Kevin Greaser September 19, 2016 Jeff Glenn March 18, 2013 Thomas Welch October 21, 2010 Derek Jackson November 19, 2018 Ed Thompson November 19, 2018 Patrick Koetting October 20, 2014 Bruce Skinner June 20, 2016 Vacant Date Reappointed 10/17/16 10/17/16 8/4/14; 10/17/16 10/21/13; 11/06/17 07/05/16; 11/19/18 11/04/19 Term Expires Terms Served November 1, 2020 2 November 1, 2020 1 November 1, 2020 1 November 1, 2021 2 November 1, 2022 0 November 1, 2022 0 November 1, 2022 1 November 1, 2023 0 November 1, 2023 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. Staff: Bruce Taylor, Deputy City Clerk Agenda: 9/21/2020 SUBJECT Appointment of one alternate members to the Board of Adjustment for terms expiring September 4, 2025. EXECUTIVE SUMMARY Raymond Buhs was appointed to serve as an alternate member on the Board of Adjustment for a term set to expire September 4, 2025, but has passed away. Alternate members are appointed to serve in the absence of, or the disqualification of, the regular member. Term limitations do not apply to alternate members. Applications, a board summary sheet and a roster for the board is attached. BACKGROUND/DISCUSSION The Board of Adjustment hears and decides exceptions to or variations from the height, area, bulk and setback requirements as set out in the City's Zoning Ordinance. According to Section 30-61 of the City Code, "The Board shall consist of five members who shall be freeholders and residents of the city, appointed by the mayor and approved by the city council... Three alternate members may be appointed to serve in the absence of, or the disqualification of, the regular members." Board members serve a five year term. The following individuals have expressed an interest in serving on the board, and their board applications are attached. Applicant Ward Citizen Academy Graduate Rob Robertson 4 No Deborah Young 1 No STAFF RECOMMENDATION It is recommended to appoint one alternate member to the Board of Adjustment for a term expiring September 4, 2025. ATTACHMENTS: Name: Description: Staff: Agenda: 9/21/2020 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 Adusory Board Minutes 0 SEMPO Minutes TPC 2020 08 05DRAFT.pdf 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