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HomeMy WebLinkAboutCouncil.Agenda.04-05-2021.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 April 5, 2021 5:00 PM City Council Chambers City Hall 401 Independence Agenda Documents, Videos Minutes, and Other Information: www.cityofcape.org/citycouncfl Abiding by the recommendations of the Missouri Department of Health and Senior Services, individuals should maintain six feet of space between one another. The number of attendees in the meeting space may be limited. Additionally, the following considerations have been made to aid in the prevention of spreading COVID-19 and other respiratory viruses: • Registration is required to speak at the meeting. Individuals desiring to speak must register no later than 4:30 pm, on Monday, April 5, 2021, by using the form found at cityofcape.org/council, by emailing cityclerk@cityofcape.org, or by calling 573-339-6320. • To promote social distancing, audience seating may be reduced and spaced apart. • The Cape Girardeau County Public Health Center strongly recommends the continued use of face coverings, and a face covering must be worn properly the entire time the attendee is in the building. • Hand sanitizer is available at the building entry. It is highly recommended that attendees use hand sanitizer upon entry. Invocation Pastor Zack Strong of Christ Church of the Heartland in Cape Girardeau Pledge of Allegiance Study Session No action will be taken during the study session Presentations • Recognition of Jane Reisenbichler for retirement from the City of Cape Girardeau. • Beautiful Business Property of the Month • Old Town Cape Update • Tiny Home Village Presentation - Community Partnership of Southeast Missouri Communications/Reports • City Council Staff Items for Discussion • Appearances by Advisory Board Applicants 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 A public hearing to consider a request to rezone property on Hawthorne Road from R-1 (Single - Family Suburban Residential District) to R-3 (High Density Single -Family Residential District). (Item No. 18; BILL NO. 21-50) 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. 2. Approval of the March 15, 2021, City Council regular session minutes and closed session minutes, and the March 29, 2021, closed session minutes. 3. BILL NO. 21-36, an Ordinance amending Schedule W of Section 26-137 of the City Code, by repealing various truck routes, in the City of Cape Girardeau, Missouri. Second and Third Readings. 4. BILL NO. 21-37, a Resolution authorizing the City Manager to execute a Demolition Contract with Ronald Kucera Jr., for the demolition of a building located at 1237 North Water Street, in the City of Cape Girardeau, Missouri. Reading and Passage. 5. BILL NO. 21-38, a Resolution authorizing the City Manager to execute a Demolition Contract with Ronald Kucera Jr., for the demolition of a building located at 1112 Harmony Street, in the City of Cape Girardeau, Missouri. Reading and Passage. 6. BILL NO. 21-39, a Resolution authorizing the City Manager to execute a Demolition Contract with Logan Blevins Excavating, LLC, for the demolition of a building located behind 1237 North Water Street, in the City of Cape Girardeau, Missouri. Reading and Passage. 7. BILL NO. 21-40, a Resolution authorizing the City Manager to execute a Demolition Contract with Logan Blevins Excavating, LLC, for the demolition of a building located at 529 South Benton Street, in the City of Cape Girardeau, Missouri. Reading and Passage. 8. BILL NO. 21-41, a Resolution authorizing the City Manager to execute a Performance Guarantee Agreement with SEMO Development, LLC, for The Highlands at Hopper Crossing - Phase 1, in the City of Cape Girardeau, Missouri. Reading and Passage. 9. BILL NO. 21-42, a Resolution authorizing the City Manager to execute a Performance Guarantee Agreement with SEMO Development, LLC, for The Highlands at Hopper Crossing - Phase 3, in the City of Cape Girardeau, Missouri. Reading and Passage. 10. BILL NO. 21-43, a Resolution authorizing the City Manager to execute a Performance Guarantee Agreement with Meyr Properties, L.P., for Touchdown Ridge 2, in the City of Cape Girardeau, Missouri. Reading and Passage. 11. BILL NO. 21-44, a Resolution authorizing the City Manager to execute a Lease Agreement with US Aviation Academy for Office and Hangar Space, at the Cape Girardeau Regional Airport. Reading and Passage. 12. BILL NO. 21-45, a Resolution authorizing the City Manager to execute an Agreement with Nip Kelley Equipment Company, Inc., for the Cypress Road Water Main, in the City of Cape Girardeau, Missouri. Reading and Passage. 13. BILL NO. 21-46, a Resolution authorizing the City Manager to execute a Contract for Services between the City of Cape Girardeau, Missouri, and Old Town Cape, Inc. Reading and Passage. 14. Approval of the transfer of ownership of the special use permit for 3451 and 3457 William Street from AB Commercial Properties, LLC to Boing US Holdco, Inc. Items Removed from Consent Agenda New Ordinances 15. BILL NO. 21-47, an Ordinance approving the record plat of Cypress Grove Subdivision. First Reading. 16. BILL NO. 21-48, an Ordinance approving the record plat of The Highlands at Hopper Crossing - Phase 3. First Reading. 17. BILL NO. 21-49, an Ordinance approving the record plat of Touchdown Ridge 2. First Reading. 18. BILL NO. 21-50, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of property located on Hawthorne Road, in the City and County of Cape Girardeau, Missouri, from R-1 to R-3. First Reading. 19. BILL NO. 21-51, an Ordinance accepting two Permanent Utility Easements from JMD Industries, Inc. and Midamerica Highway K, LLC, for property located at 4072 State Highway K, in the City of Cape Girardeau, Missouri. First Reading. 20. BILL NO. 21-52, an Ordinance amending Chapter 29 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding fat, oil, and grease control. First Reading. Appointments 21. Appointment to the Golf Course Advisory Board. 22. Appointments to the Historic Preservation Commission 23. Appointments to the Tax Increment Financing Commission 24. Appointments to the Town Plaza Community Improvement District Board of Directors 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. Memos • Appointment to the Airport Advisory Board • Appointment to the Board of Adjustment • Appointments to the Special Business District Advisory Commission Advisory Board Minutes • Advisory Board Minutes Staff: Ryan Shrimplin, AICP - City Agenda: Planner4/5/2021 SUBJECT A public hearing to consider a request to rezone property on Hawthorne Road from R-1 (Single -Family Suburban Residential District) to R-3 (High Density Single -Family Residential District). EXECUTIVE SUMMARY A public hearing has been scheduled for April 5, 2021 to consider a request to rezone property on Hawthorne Road. An ordinance rezoning the property is on this agenda as a separate item. BACKGROUND/DISCUSSION A rezoning application has been submitted for a property on Hawthorne Road. The applicant is requesting that the property be rezoned from R-1 (Single -Family Suburban Residential District) to R-3 (High Density Single - Family Residential District). The immediately surrounding properties are zoned R-1 (Single -Family Suburban Residential District) to the north, northeast, and west; PD (Planned Development District) to the southeast; and AG (Agricultural District) to the south. This area is characterized by residential, institutional, and recreational uses. The Cape Vision 2040 Future Land Use Map shows the subject property as Low Density Residential. A public hearing has been scheduled for April 5, 2021 to consider the rezoning request. An ordinance rezoning the property is on this agenda as a separate item. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS In considering a rezoning request, both the Planning and Zoning Commission and the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. At the time the Cape Vision 2040 comprehensive plan was developed, there were no known plans for the subject property. The Low Density Residential future land use category was assigned to the property based on an assumption it would be developed for a single-family residential subdivision in the future. The applicant recently acquired the property, however, and would like to develop it for duplexes and/or townhouses. Although most of the surrounding residential properties contain single-family dwellings, the Shadow Wood Villas development across the street contains a mix of single-family and duplex lots. Further south on Hawthorne Road, there are several duplexes adjacent to the Arena Park Sports Complex. The mix of single-family dwellings and duplexes along Hawthorne Road makes the proposed zoning district 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 March 10, 2021 and recommended approval of the rezoning request by a vote of 6 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City Council's public hearing was advertised in the Southeast Missourian on March 21, 2021. 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: Descdption: D Staff Review -Referral -Action Formpdf Hawthome Road - Staff RRA Form D Map _-_Zoning _-_Hawthome Road.pdf Hawthome Road - Zoning Map D Map FLU - Hawthome Road.pdf Hawthome Road - FLU Map D R-1Tndf R-1 Distdct Regulations D RR-3.pdf R-3 Distdct Regulations CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application FILE NO. 1412 LOCATION: Hawthorne Road STAFF REVIEW car COMMENTS: A. G. Jones Properties, LLC is requesting to rezone a parcel between 937 & 2901 Hawthorne Road from R-1 (Single-family Suburban Residential) to R-3 (High Density Single-family Residential). SEE STAFF REPORT FOR FURTHER INFORMATION _ ZlZ s/Zl City Planner V Date City A me Date CITY MANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION: Manager Date VOTE COUNT: Favor COMMENTS: CITIZENS COMMENTING AT MEETING: Oppose_ Abstain City Council Action Posting Dates: Sign Newspaper Public Hearing Date: Ordinance I" Reading Ordinance 2nd & 3rd Reading: _ VOTE COUNT: Favor Oppose ORDINANCE # Effective Date: Abstain Planning & Zoning Commission Public Hearing Sign Posting Date: 3 - Z % Public Hearing Date: 37 -10 RECOMMENDED ACTION: FavV Oppose Abstain Favor Oppose Abstain Scott Blank © ❑ ❑ Melissa Stickel L11, ❑ ❑ Kevin Greaser ❑ ❑ ❑ Ed Thompson Ci ❑ ❑ Derek Jackson CEK ❑ ❑ Sid Whittington a,' ❑ ❑ Patrick Koetting ❑ ❑ ❑ Deborah Young i ❑ ❑ Bruce Skinner ❑ ❑ ❑ VOTE COUNT: Favor COMMENTS: CITIZENS COMMENTING AT MEETING: Oppose_ Abstain City Council Action Posting Dates: Sign Newspaper Public Hearing Date: Ordinance I" Reading Ordinance 2nd & 3rd Reading: _ VOTE COUNT: Favor Oppose ORDINANCE # Effective Date: Abstain Rezoning Request Hawthorne Road Requested Rezoning from R-1 (Single -Family Suburban Residential) to R-3 (High Density Single -Family Residential) Future Land Use Recommendation: Low Density Residential 2880 R1 C1 3013 ® 03007 2975 0 R1 R1 R1 A R1 R1 ® 50 N R1 W. E S 2 R1 R1 a� CITYOf CAPE G I R A R D E A U Created By: Carol Peters /F Planning Services Division February 9, 2021 70 140 280 Fee R1 Hopp Rd _ 4PI, f ,. 0 883 2879 288 0 0873 2871 o R10 - R1 R1 R1 0 86 R1 2865 2885 p 37 0 0 R1 R1 2992 R1 lR1Y Q) c o cu PD .f R1 0 ©2 60932 P928 PD Shadow Wo od Ln p PD PC 2935 E o ! PD 0 9029 7 PD - PD Legend AG Q Area to be Rezoned 2 Parcels Zoning District 4 AG 2 C1 PD R1 Rezoning Request Hawthorne Road Requested Rezoning from R-1 (Single -Family Suburban Residential) to R-3 (High Density Single -Family Residential) Future Land Use Recommendation: Low Density Residential 2880 0 Parks, Recreation, Open Space Institutional SuburbanM 6,, Hopper Rd . 3013 3007 0 2975 0 2883 0 2879 0 2873 288 Low ensity Resi ntial 0 2871 Low Density Resi ential Lo Densi� Re idential Low ensity Resid ntialLo9v Dens y sid ntial 286 0 Institutional 2865 0 Low ensity Resi ential 288 937 Pa ow ensity Resid ntial L w Density Residenti 1 0 Low ensit)PResid ial X 2992 N 0 Low Density Residential `. Me ium De sity esidential dip Densit Resi ential Medium Dei ity es ential2 8 2 6 2932 edium rRit RAident al 292@ 0 arks, Recreation, Open Spacr „. Shadow Wood Ln Me i#l• De it Residential Lo Density Reside ial 2935 © 56 _: 0 iu Density Res entia N rl 2 9 29 7 nsity Residen ial 0 0 Mediu Densit Resi n W_$ % .E Legend S Area to be Rezoned 2 Parks, Recreation, Open SpaceParcels 1 LowCITYOfCAPE 2040 FLU Recommendation s G I R A R D E A U Institutional 04 Created By: Carol Peters Suburban Mixed Use Planning Services Division 02 February 9, 2021 Parks, Recreation, Open Space Medium Density Residential /0 70 140 280 Feet Low Density Residential 0c 6/22/2020 Cape Girardeau, MO Code of Ordinances Sec. 30-322. - R-1, single-family suburban residential district. (a) Purpose. The R-1 district is intended primarily for single-family detached dwellings with a maximum density of four (4) units per acre. It is designed to provide for quality single-family residential neighborhoods in a conventional subdivision setting, while encouraging a mix of housing styles, designs and development. Certain other structures and uses necessary to serve the area are allowed as permitted uses or through the approval of a special use permit, subject to restrictions intended to preserve and protect the single-family residential character of the district. (b) Permitted principal uses. (1) Single-family detached dwelling, with only one (1) dwelling per lot. (2) Cluster subdivisions, as permitted in chapter 25 of the City Code. (3) Golf courses; this shall not include separate miniature golf courses, driving ranges and other similar activities operated as a business. (4) Public parks, playgrounds, and recreational facilities. (5) Police and fire stations. (6) Elementary and middle schools, or development centers for elementary and middle school age children with handicaps or development disabilities, on a minimum of five (5) acres of land. (7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and outdoor recreational facilities, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners association. (8) Home for eight (8) or fewer unrelated mentally or physically handicapped persons, including no more than two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the handicapped persons residing in the home, provided that: a. The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood; and b. Such home shall not be located closer than three hundred seventy (370) feet to any other such home. (9) A private residence licensed by the Missouri Division of Family Services or Missouri Department of Mental Health to provide foster care to one (1) or more, but less than seven (7), children who are unrelated to either foster parent by blood, marriage or adoption, provided that all applicable building and safety codes are met and an occupancy permit issued therefor. (c) Permitted accessory uses. (1) Private garages, carports and accessory structures, as permitted in section 30-403, supplemental regulations. (2) In home elderly care, with a maximum of three (3) persons as permitted in section 30-411, supplemental regulations. (3) Home occupations, as permitted in section 30-405, supplemental regulations. (4) Home day cares, with no more than four (4) unrelated children in a twenty-four (24) hour period as permitted in section 30-408, supplemental regulations. (5) Solar energy systems, as permitted in section 30-410, supplemental regulations. (6) Short term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. 1/2 6/22/2020 Cape Girardeau, MO Code of Ordinances (d) Special uses. (1) Home day cares, with five (5) or more unrelated children in a twenty-four (24) hour period, as permitted in section 30-408, supplemental regulations. (2) Libraries, on a minimum of two (2) acres of land. (3) Cemeteries, on a minimum of ten (10) acres of land. (4) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. (5) 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. (6) 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: Two and one-half (21/2) stories not to exceed thirty-five (35) feet. (2) Minimum lot area: Ten thousand (10,000) square feet. (3) Maximum density: Four (4) units per one (1) acre. Higher densities may be approved with a cluster subdivision, as permitted in chapter 25 of the City Code. (4) Minimum lot width: Eighty (80) feet. (5) Minimum yard requirements: a. Frontyard: Thirty (30) feet. b. Rear yard: Twenty-five (2 5) feet. c. Side yard: Six (6) feet. (f) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 5012, art. 4, 10-2-17) Editor's note— Ord. No. 5012, art. 4, adopted Oct. 2, 2017, repealed the former § 30-322 and enacted a new section as set out herein. The former § 30-322 pertained to similar subject matter and derived from Ord. No. 4109, art. 2, adopted March 1, 2010; Ord. No. 4149, art. 4, adopted Aug. 16, 2010; and Ord. No. 4206, art. 7, adopted March 7, 2011. 2/2 Sec. 30-324. - R-3, high density single-family residential district. (a) Purpose. This district is intended to accommodate single-family, two-family and townhouse residential developments at maximum densities of up to nine (9) units per acre. This district will serve as a transition between lower density and higher density residential districts. Certain other structures and uses necessary to serve the area are allowed as permitted uses or through the approval of a special use permit, subject to restrictions intended to preserve and protect the residential character of this district. (b) Permitted principal uses. (1) Single-family detached dwellings, with only one (1) dwelling per lot. (2) Duplexes, two-family dwelling units. (3) Townhouses. (4) Cluster subdivisions, as permitted in chapter 25 of the City Code. (5) Public parks, playgrounds, and recreational facilities. (6) Police and fire stations. (7) Elementary and middle schools, or development centers for elementary and middle school age children with handicaps or development disabilities, on a minimum of five (5) acres of land. (8) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and outdoor recreational facilities, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners association. (9) Home for eight (8) or fewer unrelated mentally or physically handicapped persons, including no more than two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the handicapped persons residing in the home, provided that: a. The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood; and b. Such home shall not be located closer than three hundred seventy (370) feet to any other such home. (10) A private residence licensed by the Missouri Division of Family Services or Missouri Department of Mental Health to provide foster care to one (1) or more, but less than seven (7), children who are unrelated to either foster parent by blood, marriage or adoption, provided that all applicable building and safety codes are met and an occupancy permit issued therefor. (c) Permitted 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) Home day cares, with no more than four (4) unrelated children in a twenty -four-hour period as permitted in section 30-408, supplemental regulations. (4) In home elderly care, with a maximum of three (3) persons as permitted in section 30-411, supplemental regulations. (5) Solar energy systems, as permitted in section 30-410, supplemental regulations. (6) Short term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (d) Special uses. (1) Home day cares, with five (5) or more unrelated children, as permitted in section 30-408, supplemental regulations. (2) Bed and breakfasts. (3) Cemeteries, on a minimum of ten (10) acres of land. (4) Transitional housing. (5) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. (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 requirements. (1) Maximum height.- a. eight:a. When side yards are less than fifteen (15) feet in width, two and one-half (2Yz) stories not to exceed thirty-five (35) feet. b. When side yards are fifteen (15) feet in width or greater, three (3) stories, not to exceed forty-five (45) 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. Duplexes, three thousand seven hundred fifty (3,750) square feet per unit. c. Single-family, five thousand (5,000) square feet. (3) Maximum density: Nine (9) units per one (1) acre. Higher densities may be approved with a cluster subdivision as permitted in chapter 25 of the City Code. (4) Minimum lot width: a. Townhouses and duplexes., Twenty (20) feet. b. All other uses: Thirty (30) feet. (5) Minimum yard requirements: a. Front yard: 1. Each townhouse: Ten (10) feet. 2. All other uses: Twenty (20) feet. b. Rear yard: 1. Each townhouse: Twenty (20) feet. 2. All other uses: Twenty (20) feet. c. Side yard: 1. Townhouses and duplexes: None. 2. All other uses: Three (3) feet. (f) Open space, landscaping and bufferyard requirements. For any nonresidential uses: (1) A minimum of twenty (20) percent of the total lot area shall be devoted to open space, including required yard and buffer yards. (2) Landscaping, shall be provided as required in chapter 25 of the City Code. (3) A 20 -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, or R-2 zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. (g) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 5012, art. 4,10-2-17) Editor's note— Ord. No. 5012, art. 4, adopted Oct. 2, 2017, repealed the former § 30-324 and enacted a new section as set out herein. The former § 30- 324 pertained to similar subject matter and derived from Ord. No. 4109, art. 2. adopted March 1, 2010; Ord. No. 4149, art. 4. adopted Aug. 16, 2010; and Ord. No. 4206, arts. 7, 9, adopted March 7, 2011. Staff: Bruce Taylor, Deputy City Clerk Agenda: 4/5/2021 SUBJECT Approval of the March 15, 2021, City Council regular session minutes and closed session minutes, and the March 29, 2021, closed session minutes. ATTACHMENTS: Name: Description: ❑ DRAFT _2021.03.15 ReeularsessionMinutes.pdf Minutes 2021-03-15 regular session Regular March 15, 2021 LL -27 STUDY SESSION —March 15, 2021 NO ACTION TAKEN DURING THE STUDY SESSION The Cape Girardeau City Council held a study session at the Cape Girardeau City Hall on Monday, March 15, 2021, 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 —March 15, 2021 CALL TO ORDER The Cape Girardeau City Council convened in regular session at the Cape Girardeau City Hall on Monday, March 15, 2021, at 6:07 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 Robbie Guard, Seconded by Dan Presson, to adopt the Agenda. Motion passed. 7-0. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, Truxel. APPEARANCES Susan Tomlin, Counsel for the Industrial Development Authority, and representatives from Saint Francis Medical Center appeared in favor of Bill NO. 21-33. John Voss, Treasurer of the Cape Girardeau Public Library Board of Trustees appeared in opposition to Bill No. 21-31. Scott Blank, Member of the Planning and Zoning Commission, appeared to endorse the appointment of Nick Martin to the Planning and Zoning Commission. CONSENT AGENDA Approval of the March 1, 2021, City Council regular session minutes and closed session minutes. BILL NO. 21-31, an Ordinance authorizing the City of Cape Girardeau, Missouri, to issue its Taxable Industrial Revenue Bonds (River Campus Arts Expansion Project), Series 2021, in a principal amount not to exceed $10,000,000 for the purpose of providing funds to pay the costs of acquiring, constructing and improving an industrial development project in the City; approving a Plan for the Project; and authorizing the City to enter into certain agreements and take certain other actions in connection with the issuance of the Bonds. Second and Third Readings. BILL NO. 21-32, a Resolution authorizing the City Manager to execute a Release of Lien for property located at 1825 New Madrid Street, under the Neighborhood Stabilization Grant Program, in the City of Cape Girardeau, Missouri. Reading and Passage Regular March 15, 2021 LL -28 BILL NO. 21-33, a Resolution of the City Council of the City of Cape Girardeau, Missouri, approving refinancing projects of the Industrial Development Authority of the County of Cape Girardeau, Missouri, located in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 21-34, a Resolution authorizing the City Manager to execute an Agreement with Southeast Missouri State University to prepare the 2021 Historic Resource Survey, in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 21-35, a Resolution authorizing the City Manager to execute a Lease Agreement with the Missouri Department of Conservation for the Cape Woods Conservation Area. Reading and Passage. Council Member Robbie Guard abstained for financial reason, from Bill No. 21-31, due to his employment with MRV Bank. A Motion was made by Robbie Guard, Seconded by Dan Presson, to approve and adopt. Motion passed. 7-0. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, Truxel. BILL NO. 21-31 will be Ordinance NO. 5387; BILL NO. 21-32 will be Resolution NO. 3389; BILL NO. 21-33 will be Resolution NO. 3390; BILL NO. 21-34 will be Resolution NO. 3391; and BILL NO. 21-35 will be Resolution NO. 3392. NEW ORDINANCES BILL NO. 21-36, an Ordinance amending Schedule W of Section 26-137 of the City Code, by repealing various truck routes, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Dan Presson, Seconded by Shannon Truxel, to approve. Motion passed. 7-0. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, Truxel. APPOINTMENTS Appointment to the Board of Adjustment A Motion was made by Robbie Guard, Seconded by Dan Presson, to appoint Ron Robertson to the Board of Adjustment for a term expiring March 6, 2026. Motion passed. 7-0. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, Truxel. Appointment to the Planning and Zoning Commission A Motion was made by Robbie Guard, Seconded by Nate Thomas, to appoint Nick Martin to the Planning and Zoning Commission for a term expiring November 1, 2023. Motion passed. 7-0. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, Truxel. Regular March 15, 2021 LL -29 MEETING ADJOURNMENT A Motion was made by Robbie Guard, Seconded by Nate Thomas, to adjourn from regular session and to convene in closed session for legal actions and litigation, confidential communications with legal counsel, and personnel matters, pursuant to RSMo. Sections 610.021(1) and (3). Motion passed. 7-0. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, Truxel. The Regular Session ended at 6:19 p.m. Bruce Taylor, Deputy City Clerk Bob Fox, Mayor Regular March 15, 2021 LL -30 11 WOIk1l7:TOa1►11111 elm to] ►r:\aIt'd all 080.1INWIN14 Staff: Kelly Green P.E., City Engineer Agenda: 4/5/2021 SUBJECT An Ordinance to amend truck routes within the City of Cape Girardeau, Missouri, by amending Traffic Schedule W of the City Code. EXECUTIVE SUMMARY The attached ordinance repeals some routes within Schedule W: Truck Routes that are no longer needed. The change to the Independence Street route will particularly be helpful for the proposed Spanish Street improvements in that it will allow for more pedestrian friendly infrastructure. Truck traffic will still be allowed on William Street which parallels Independence Street. The change to Broadview Street and Maria Louise Lane will be beneficial to the proposed Maria Louise Lane/Kiwanis Drive/Broadview Street intersection improvements. Truck traffic will still be allowed on Kingshighway which parallels Broadview Street. BACKGROUNDMISCUSSION Section 26-137 identifies truck routes for vehicles weighing more than 24,000 pounds. The entire section is attached to this report as supporting documentation. FINANCIAL UYIPACT Public Works crews will modify signage as necessary. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IlVIPACTS Staff recommends Council amend Traffic Schedule W as stated in the summary attachment as it relates to Truck Routes in the City of Cape Girardeau. ATTACHMENTS: Name: Description: ❑ Sch W Truck Routes.doc Ordinance ❑ Section 26-137.pdf Section 26-137 ❑ Truck Route Amendment - Ord Info.pdf Ordinance Information ❑ repeal of Truck Route in 2021.12df Map BILL NO. 21-36 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE W OF SECTION 26-137 OF THE CITY CODE, BY REPEALING VARIOUS TRUCK ROUTES, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Those portions of Schedule W of Section 26-137 of the Code of Ordinances of the City of Cape Girardeau, Missouri, which established the following truck routes: Independence Street - from Main Street to Broadview Street Broadview Street - from Independence Street to Maria Louise Lane Maria Louise Lane - from Broadview Street to Kingshighway �ereb repealed. ARTICLE 2. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 3. This ordinance shall take effect and be in force from and after ten days after its final passage and approval. PASSED AND APPROVED THIS DAY OF , 2021. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk Sec. 26-137. - Truck routes. (a) No person shall operate, drive, or cause to be operated or driven, at any time, any motor vehicle, licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, or any commercial motorized equipment weighing in excess of twenty-four thousand (24,000) pounds, upon any highway, street, or alley in the city except on those highways, streets, or alleys specifically set forth in Schedule W, entitled "Truck Routes," hereby adopted and incorporated by reference. Exception: A motor vehicle licensed for a gross weight in excess of twenty-four thousand (24,000) pounds may be operated on non -truck routes for the purpose of delivering or removing merchandise or materials to or from a person or business resident upon that street, and shall only enter such street at the intersection to a truck route nearest the destination of the vehicle and proceed thereon no farther than the nearest intersection to a truck route thereafter. (b) No person shall operate, drive, or cause to be operated or driven, any motor vehicle, or commercial motorized equipment, including the load carried thereon, having a height in excess of fourteen (14) feet, upon any street or parts of streets, highway, or alley within city limits. (c) No person shall operate, drive, or cause to be operated or driven, any motor vehicle, or commercial motorized equipment including the load carried thereon, having a width in excess of one hundred two (102) inches, excepting clearance lights, rearview mirrors or other accessories required by federal, state, or city law or regulation, upon any street or parts of streets, highway, or alley within city limits. (d) The city engineer, for good cause shown and when the public safety or public interest so justifies, shall issue a special permit for motor vehicles, or commercial motorized equipment, exceeding the weight, height, or width limitations specified in this section. Such permits shall be issued only for a single trip or for a definite period, not beyond the date of expiration of the vehicle registration, and shall designate the route or streets, alleys, highways and bridges which may or may not be used under the authority of such permit. The police department is authorized to issue emergency permits in accordance with a schedule of commercial motorized equipment/motor vehicle size and preferred streets, prepared by the city engineer. (e) The limitations on weight, height, and width specified shall not apply to any motor vehicle and its apparatus, or commercial motorized equipment, designed for use and used by any city department, or when being operated by a vehicle, equipment, or apparatus manufacturer or sales organization for the purpose of sale demonstration, exhibit, or delivery to any city department. The limitations on weight, height, and width specified shall also not apply to utilities vehicles. (f) The limitations on weight specified shall not apply to any wrecker or tow truck performing a wrecker or towing service, as defined in Section 301.010, RSMo., et seq., as amended. If a disabled or wrecked motor vehicle cannot be moved by a wrecker or tow truck, a roll back or car carrier, as defined in 301.010, RSMo., et seq., as amended, may be used without regard to such weight limitation specified, if it is a bona fide operator or owner. (g) In addition to conviction and punishment in municipal court for the violation of this section, the registered owner of any such vehicle violating this section shall be held liable in any court of competent jurisdiction for destructive damages to the surface and physical conditions pertaining to the street, alley, or highway, or the surface or structure thereof, by any action of the state, city or any interested person. (Ord. No. 1946, § 1, 4-15-96; Ord. No. 2366, art. 1, 5-18-98) Truck Route Amendment Ordinance Information Schedule W — Truck Routes REPEAL (Bill No. 98-98) CHA-2366 5-18-98 1. Independence Street, from Main Street to Broadview Street. CHA-2366 5-18-98 6. Broadview Street, from Independence Street to Maria Louise Lane. CHA-2366 5-18-98 7. Maria Louise Lane, from Broadview Street to Kingshighway. w. 3 r Staff: Ryan Shrimplin, AICP - City Agenda: Planner4/5/2021 SUBJECT A Resolution authorizing the City Manager to execute a Demolition Contract with Ronald Kucera Jr., for the demolition of a building located at 1237 North Water Street, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached resolution authorizes the City Manager to execute a contract with the lowest bidder for the demolition of a City -owned building at 1237 North Water Street. BACKGROUND/DISCUSSION The City owns two (2) buildings in the Red Star neighborhood: a concrete block building (previously occupied by The River's Edge Automotive) at 1237 North Water Street and a metal pole building on a separate parcel, located behind 1237 North Water Street. The City solicited bids for the demolition of these two (2) buildings as well as two (2) other buildings. Six (6) bids were received for the concrete block building (1237 North Water Street). The bids ranged from $3,399.00 to $9,000.00. Ronald Kucera Jr. was the low bidder. References have been submitted and approved. The demolition contract is attached, along with the tabulation of the bids. FINANCIAL EVIPACT The City will use funds from the Health Fund to cover the cost of the demolition. STAFF RECOMMENDATION Staff recommends approval of the resolution authorizing the City Manager to execute the demolition contract for 1237 North Water Street. ATTACHMENTS: Name: Description: D Demolition Contract Ronald Kucera Jr 1237 N Water St.doc Resolution D Demo Contract - 1237 N Water.:_ Kucera.ndf 1237 North Water Street - Demolition Contract D Bid Tabulation.ndf Tabulation of Bids BILL NO. 21-37 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION CONTRACT WITH RONALD KUCERA, JR., FOR THE DEMOLITION OF A BUILDING LOCATED AT 1237 NORTH WATER STREET, 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 Demolition Contract with Ronald Kucera, Jr., for the demolition of a building located at 1237 North Water Street, in the City of Cape Girardeau, Missouri. 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 , 2021. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk DEMOLITION CONTRACT This Demolition Contract, hereinafter referred to as this "Contract", is entered into this day of '7 20217 by and between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter referred to as the "City", and Ronald Kucera, Jr., 160 Tolbert Drive, Jackson, MO 63755, hereinafter referred to as the "Contractor". The City and the Contractor collectively are hereinafter referred to as the "Parties". In consideration of the mutual covenants contained herein and other good and valuable consideration, the Parties agree as follows: 1. The Contractor shall totally demolish the following building, as specified: 1237 North Water Street a. Remove the five (5) bay single story concrete block garage. b. Remove the concrete slab and the asphalt drive. c. Remove the large wood storage shed at the rear. d. Bury the concrete on the site, with a minimum of 2 ft. of fill. e. Remove all rubbish and debris, and haul it to an approved landfill. f. Fill, grade, seed and straw the site. 2. All rubbish and debris shall be removed from the demolition site and deposited at a site satisfactory to the City. All holes left by removal of the foundations shall be filled with good dirt, free of debris, and compacted to a density equal to the surrounding ground. Dirt required for filling any holes shall be obtained from a site satisfactory to the City Engineer. The Contractor shall be responsible for any damage done to the sidewalks, alleys, or streets adjoining the property. All utilities shall be disconnected prior to demolition. The Contractor shall take all necessary care to protect the nearby buildings, drives, motor vehicles, and all adjoining properties, and the Contractor shall leave the same in a condition equal to that which now exists. 3. The Contractor shall provide all labor and materials, and furnish and direct, at their own expense, whatever equipment or work may be necessary for the expeditious and proper execution of their duties under this Contract. 4.- The Contractor shall secure, at their own expense, all permits, licenses, and consents required by law or necessary to perform the work and will give all notices and pay all fees and otherwise comply with applicable city, county, and state laws, ordinances, rules, and regulations. 5. Should the Contractor at any time refuse or neglect to supply adequate materials or equipment, or a sufficient number of properly skilled workers, or fail in any respect to prosecute the work with promptness and diligence, or fail to comply with the terms of this Contract, the City may, at its election, immediately terminate this Contract, giving notice to the Contractor in writing of such election, and enter on the premises and take possession for the purpose of completing the work covered under this Contract, and may employ any other person or persons to finish the work and to provide the materials therefor at the expense of the Contractor. 6. The Contractor shall indemnify the City from all claims, demands, suits, and actions of every name and description brought against the City for, or on account of, any injuries or damages received or sustained by any parties by, or as a result of, the acts or omissions of the Contractor, their servants or agents, in doing the work herein described, or by, or as a result of, any negligence in guarding the same, or on account of any improper equipment or materials utilized in performing the work. 7. The Contractor shall, prior to commencing work, furnish to the City a certified check or a surety bond, the form of the bond and surety company to be approved by the City, in the amount of Three Page 1 Thousand Three Hundred Ninety-nine Dollars ($3,399.00), conditioned on the performance by the Contractor of all its duties -hereunder. 8. The Contractor agrees to file with the City, prior to commencing work, a certificate of insurance naming the City as coinsured and showing that the Contractor has in force, for a period equal to the entire term of this Contract, a policy of general liability insurance insuring the Contractor against liability for personal injuries and property damage arising out of the work performed under this Contract, in a minimum amount of One Hundred Thousand Dollars ($100,000.00) for injuries or damages to any one (1) person and Two Million Dollars ($2,000,000.00) for injuries or damages received in any one (1) accident. The Contractor agrees to provide and maintain, during the entire term of this Contract and until final acceptance of the work by the City, workers compensation insurance for all of its employees at the site of the work. 9. Upon satisfactory performance by the Contractor of their duties under this Contract, and acceptance of said work by the City Engineer or his or her designee, the City will pay the Contractor the sum of Three Thousand Three Hundred Ninety-nine Dollars ($3,399.00), 10. The Contractor agrees to begin the work herein described within ten (10) days after the date of this Contract and to complete the work within Forty-five (45) days after the date of this Contract. In the event that the work is not completed within this time frame, excepting extensions granted to the Contractor for delays caused by circumstances beyond their control, the Contractor shall pay to the City damages in the sum of Fifty Dollars ($50.00) per day for each day over the Forty-five (45) day deadline. 11. The Contractor shall not assign or sublet this Contract or any portion thereof without the prior written consent of the City. 12. Failure of the City to insist in any one (1) or more instances on a strict performance of all of the terms or conditions of this Contract, or to exercise any right herein contained, shall not be construed as a future waiver or a relinquishment of the provisions or rights, but the same shall continue and remain in full force and effect. None of the terms or conditions of this Contract shall be altered, waived, modified, or abandoned in any manner except by written instrument executed by the Parties. IN WITNESS WHEREOF, the Parties have executed this Contract at Cape Girardeau, Missouri, the day and year first above written. ATTEST: Gayle L. Conrad, City Clerk ATTEST: CITY OF CAPE GIRARDEAU, MISSOURI Scott A. Meyer, City Manager Ronald Kucera, Jr. Ronald Kucera, Jr. Page 2 0 cq LO a w P-4 pp 4-4 IV, �8 � v C7 IQ O S, Staff: Ryan Shrimplin, AICP - City Agenda: Planner4/5/2021 SUBJECT A Resolution authorizing the City Manager to execute a Demolition Contract with Ronald Kucera Jr., for the demolition of a building located at 1112 Harmony Street, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached resolution authorizes the City Manager to execute a contract with the lowest bidder for the demolition of a condemned building at 1112 Harmony Street. BACKGROUND/DISCUSSION A certain building located at 1112 Harmony Street was declared a "dangerous building" per Chapter 7, Article VII of the City's Code of Ordinances. Pursuant to the Code, a public hearing for the building was held on December 21, 2021. The Building Supervisor issued an order to demolish the building by February 12, 2021. To date, the property owner has not taken action to comply with the order. As provided for in the Code, the City may cause the building to be demolished and a special tax bill issued for the cost of the demolition. The City solicited bids for the demolition of the building as well as three (3) other buildings. Four (4) bids were received for 1112 Harmony Street. The bids ranged from $6,900.00 to $12,800.00. Ronald Kucera Jr. was the low bidder. References have been submitted and approved. The demolition contract is attached, along with the tabulation of the bids. FINANCIAL IWACT The City will use funds from the condemnation budget to cover the cost of the demolition. A special tax bill will be issued to recover the cost. STAFF RECOMMENDATION Staff recommends approval of the resolution authorizing the City Manager to execute the demolition contract for 1112 Harmony Street. ATTACHMENTS: Name: Description: D Demolition Contract Ronald Kucera Jr 1112 Hamnny_St.doc Resolution D Demo Contract - 1112 Harmony_- Kucerapdf 1112 Harmony Street - Demolition Contract D Bid Tabulation.udf Tabulation Of Bids BILL NO. 21-38 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION CONTRACT WITH RONALD KUCERA, JR., FOR THE DEMOLITION OF A BUILDING LOCATED AT 1112 HARMONY STREET, 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 Demolition Contract with Ronald Kucera, Jr., for the demolition of a building located at 1112 Harmony Street, in the City of Cape Girardeau, Missouri. 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 , 2021. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk DEMOLITION CONTRACT This Demolition Contract, hereinafter referred to as this "Contract", is entered into this day of '7 20211 by and between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter referred to as the "City", and Ronald Kucera, Jr., 160 Tolbert Drive, Jackson, M® 63755, hereinafter referred to as the "Contractor". The City and the Contractor collectively are hereinafter referred to as the "Parties". In consideration of the mutual covenants contained herein and other good and valuable consideration, the Parties agree as follows: 1. The Contractor shall totally demolish the following building, as specified: 1112 Harmony Street (Tract No. 1003) a. Remove the two (2) story brick and wood single-family residence with basement. b. Saw cut the front retaining wall, approximately 4 ft. from the west retaining wall, leaving the two (2) steps and landing. c. Remove the retaining wall along the street and the alley. d. Remove all footings and foundations from the structure, and break up the concrete floor. e. Bury the concrete on the site, with a minimum of 2 ft. of fill. f. Establish a 3 to 1 slope along the street and the alley. g. Install erosion barrier along the street and the alley. h. Remove all rubbish and debris, and haul it to an approved landfill. i. Fill, grade, seed and straw the site. 2. All rubbish and debris shall be removed from the demolition site and deposited at a site satisfactory to the City. All holes left by removal of the foundations shall be filled with good dirt, free of debris, and compacted to a density equal to the surrounding ground. Dirt required for filling any holes shall be obtained from a site satisfactory to the City Engineer. The Contractor shall be responsible for any damage done to the sidewalks, alleys, or streets adjoining the property. All utilities shall be disconnected prior to demolition. The Contractor shall take all necessary care to protect the nearby buildings, drives, motor vehicles, and all adjoining properties, and the Contractor shall leave the same in a condition equal to that which now exists. 3. The Contractor shall provide all labor and materials, and furnish and direct, at their own expense, whatever equipment or work may be necessary for the expeditious and proper execution of their duties under this Contract. 4. The Contractor shall secure, at their own expense, all permits, licenses, and consents required by law or necessary to perform the work and will give all notices and pay all fees and otherwise comply with applicable city, county, and state laws, ordinances, rules, and regulations. 5. Should the Contractor at any time refuse or neglect to supply adequate materials or equipment, or a sufficient number of properly skilled workers, or fail in any respect to prosecute the work with promptness and diligence, or fail to comply with the terms of this Contract, the City may, at its election, immediately terminate this Contract, giving notice to the Contractor in writing of such election, and enter on the premises and take possession for the purpose of completing the work covered under this Contract, and may employ any other person or persons to finish the work and to provide the materials therefor at the expense of the Contractor. 6. The Contractor shall indemnify the City from all claims, demands, suits, and actions of every name and description brought against the City for, or on account of, any injuries or damages received or sustained by any parties by, or as a result of, the acts or omissions of the Contractor, their servants or agents, in doing the work herein described, or by, or as a result of, any negligence in guarding the same, or on account of any improper equipment or materials utilized in performing the work. Page 1 7. The Contractor shall, prior to commencing work, furnish to the City a certified check or a surety bond, the form of the bond and surety company to be approved by the City, in the amount of Six Thousand Nine Hundred Dollars ($6,900.00), conditioned on the performance by the Contractor of all its duties hereunder. 8. The Contractor agrees to file with the City, prior to commencing work, a certificate of insurance naming the City as coinsured and showing that the Contractor has in force, for a period equal to the entire term of this Contract, a policy of general liability insurance insuring the Contractor against liability for personal injuries and property damage arising out of the work performed under this Contract, in a minimum amount of One Hundred Thousand Dollars ($100,000.00) for injuries or damages to any one (1) person and Two Million Dollars ($2,000,000.00) for injuries or damages received in any one (1) accident. The Contractor agrees to provide and maintain, during the entire term of this Contract and until final acceptance of the work by the City, workers compensation insurance for all of its employees at the site of the work. 9. Upon satisfactory performance by the Contractor of their duties under this Contract, and acceptance of said work by the City Engineer or his or her designee, the City will pay the Contractor the sum of Six Thousand Nine Hundred Dollars ($6,900.00). 10. The Contractor agrees to begin the work herein described within ten (10) days after the date of this Contract and to complete the work within Forty-five (45) days after the date of this Contract. In the event that the work is not completed within this time frame, excepting extensions granted to the Contractor for delays caused by circumstances beyond their control, the Contractor shall pay to the City damages in the sum of Fifty Dollars ($50.00) per day for each day over the Forty-five (45) day deadline. 11. The Contractor shall not assign or sublet this Contract or any portion thereof without the prior written consent of the City. 12. Failure of the City to insist in any one (1) or more instances on a strict performance of all of the terms or conditions of this Contract, or to exercise any right herein contained, shall not be construed as a future waiver or a relinquishment of the provisions or rights, but the same shall continue and remain in full force and effect. None of the terms or conditions of this Contract shall be altered, waived, modified, or abandoned in any manner except by written instrument executed by the Parties. IN WITNESS WHEREOF, the Parties have executed this Contract at Cape Girardeau, Missouri, the day and year first above written. ATTEST: Gayle L. Conrad, City Clerk ATTEST: CITY OF CAPE GIRARDEAU, MISSOURI Scott A. Meyer, City Manager Ronald Kucera, Jr. �11 Ronald Kucera, Jr. Page 2 0 cq LO a w P-4 pp 4-4 IV, �8 � v C7 IQ O S, Staff: Ryan Shrimplin, AICP - City Agenda: Planner4/5/2021 SUBJECT A Resolution authorizing the City Manager to execute a Demolition Contract with Logan Blevins Excavating, LLC, for the demolition of a building located behind 1237 North Water Street, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached resolution authorizes the City Manager to execute a contract with the lowest bidder for the demolition of a City -owned building located behind 1237 North Water Street. BACKGROUND/DISCUSSION The City owns two (2) buildings in the Red Star neighborhood: a concrete block building (previously occupied by The River's Edge Automotive) at 1237 North Water Street and a metal pole building on a separate parcel, located behind 1237 North Water Street. The City solicited bids for the demolition of these two (2) buildings as well as two (2) other buildings. Six (6) bids were received for the metal pole building located behind 1237 North Water Street. The bids ranged from $2,880.00 to $6,500.00. Logan Blevins Excavating, LLC was the low bidder. References have been submitted and approved. The demolition contract is attached, along with the tabulation of the bids. FINANCIAL Il"ACT The City will use funds from the Health Fund to cover the cost of the demolition. Staff recommends approval of the resolution authorizing the City Manager to execute the demolition contract for the metal pole building located behind 1237 North Water Street. ATTACHMENTS: Name: Description: Demohtion Contract Blevins Excavating 1237 N Water St.doc Resolution ❑ Demo_Contract_-_Metal Pole Building Behind_ 1237_ North_ Water_ Street_- Metal Pole Building Behind 1237 North Water Street - Demolition Contract Ronald Kucera Jr..pdf ❑ Bid Tabulation.pdf Tabulation of Bids BILL NO. 21-39 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION CONTRACT WITH LOGAN BLEVINS EXCAVATING, LLC, FOR THE DEMOLITION OF A BUILDING LOCATED BEHIND 1237 NORTH WATER STREET, 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 Demolition Contract with Logan Blevins Excavating, LLC, for the demolition of a building located behind 1237 North Water Street, in the City of Cape Girardeau, Missouri. 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 Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk 2021. DEMOLITION CONTRACT This Demolition Contract, hereinafter referred to as this "Contract", is entered into this day of , 2021, by and between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter referred to as the "City", and Logan Blevins Excavating, LLC, 481 Mossy Oak Ridge, Cape Girardeau, MO 63701, hereinafter referred to as the "Contractor". The City and the Contractor collectively are hereinafter referred to as the "Parties". In consideration of the mutual covenants contained herein and other good and valuable consideration, the Parties agree as follows: 1. The Contractor shall totally demolish the following building, as specified: Metal Pole Building behind 1237 North Water Street a. Remove the large metal pole building. b. Remove the concrete slab, steps, and driveway. c. Remove the car parts and debris on the south side. d. Remove the fallen trees, bricks, and all rubbish and debris. e. Remove the metal storage building. f. Bury the concrete on the site, with a minimum of 2 ft. of fill. g. Remove all rubbish and debris, and haul it to an approved landfill. h. Fill, grade, seed and straw the site. 2. All rubbish and debris shall be removed from the demolition site and deposited at a site satisfactory to the City. All holes left by removal of the foundations shall be filled with good dirt, free of debris, and compacted to a density equal to the surrounding ground. Dirt required for filling any holes shall be obtained from a site satisfactory to the City Engineer. The Contractor shall be responsible for any damage done to the sidewalks, alleys, or streets adjoining the property. All utilities shall be disconnected prior to demolition. The Contractor shall take all necessary care to protect the nearby buildings, drives, motor vehicles, and all adjoining properties, and the Contractor shall leave the same in a condition equal to that which now exists. 3. The Contractor shall provide all labor and materials, and furnish and direct, at their own expense, whatever equipment or work may be necessary for the expeditious and proper execution of their duties under this Contract. 4. The Contractor shall secure, at their own expense, all permits, licenses, and consents required by law or necessary to perform the work and will give all notices and pay all fees and otherwise comply with applicable city, county, and state laws, ordinances, rules, and regulations. 5. Should the Contractor at any time refuse or neglect to supply adequate materials or equipment, or a sufficient number of properly skilled workers, or fail in any respect to prosecute the work with promptness and diligence, or fail to comply with the terms of this Contract, the City may, at its election, immediately terminate this Contract, giving notice to the Contractor in writing of such election, and enter on the premises and take possession for the purpose of completing the work covered under this Contract, and may employ any other person or persons to finish the work and to provide the materials therefor at the expense of the Contractor. 6. The Contractor shall indemnify the City from all claims, demands, suits, and actions of every name and description brought against the City for, or on account of, any injuries or damages received or sustained by any parties by, or as a result of, the acts or omissions of the Contractor, their servants or agents, in doing the work herein described, or by, or as a result of, any negligence in guarding the same, or on account of any improper equipment or materials utilized in performing the work. Page 1 7. The Contractor shall, prior to commencing work, furnish to the City a certified check or a surety bond, the form of the bond and surety company to be approved by the City, in the amount of Two Thousand Eight Hundred Eighty Dollars ($2,880.00), conditioned on the performance by the Contractor of all its duties hereunder. 8. The Contractor agrees to file with the City, prior to commencing work, a certificate of insurance naming the City as coinsured and showing that the Contractor has in force, for a period equal to the entire term of this Contract, a policy of general liability insurance insuring the Contractor against liability for personal injuries and property damage arising out of the work performed under this Contract, in a minimum amount of One Hundred Thousand Dollars ($100,000.00) for injuries or damages to any one (1) person and Two Million Dollars ($2,000,000.00) for injuries or damages received in any one (1) accident. The Contractor agrees to provide and maintain, during the entire term of this Contract and until final acceptance of the work by the City, workers compensation insurance for all of its employees at the site of the work. 9. Upon satisfactory performance by the Contractor of their duties under this Contract, and acceptance of said work by the City Engineer or his or her designee, the City will pay the Contractor the sum of Two Thousand Eight Hundred Eighty Dollars ($2,880.00), 10. The Contractor agrees to begin the work herein described within ten (10) days after the date of this Contract and to complete the work within Forty-five (45) days after the date of this Contract. In the event that the work is not completed within this time frame, excepting extensions granted to the Contractor for delays caused by circumstances beyond their control, the Contractor shall pay to the City damages in the sum of Fifty Dollars ($50.00) per day for each day over the Forty-five (45) day deadline. 11. The Contractor shall not assign or sublet this Contract or any portion thereof without the prior written consent of the City. 12. Failure of the City to insist in any one (1) or more instances on a strict performance of all of the terms or conditions of this Contract, or to exercise any right herein contained, shall not be construed as a future waiver or a relinquishment of the provisions or rights, but the same shall continue and remain in full force and effect. None of the terms or conditions of this Contract shall be altered, waived, modified, or abandoned in any manner except by written instrument executed by the Parties. IN WITNESS WHEREOF, the Parties have executed this Contract at Cape Girardeau, Missouri, the day and year first above written. ATTEST: Gayle L. Conrad, City Clerk ATTEST: CITY OF CAPE GIRARDEAU, MISSOURI Scott A. Meyer, City Manager Logan Blevins Excavating, LLC Loga levins Page 2 0 cq LO a w P-4 pp 4-4 IV, �8 � v C7 IQ O S, Staff: Ryan Shrimplin, AICP - City Agenda: Planner4/5/2021 SUBJECT A Resolution authorizing the City Manager to execute a Demolition Contract with Logan Blevins Excavating, LLC, for the demolition of a building located at 529 South Benton Street, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached resolution authorizes the City Manager to execute a contract with the lowest bidder for the demolition of a condemned building at 529 South Benton Street. BACKGROUND/DISCUSSION A certain building located at 529 South Benton Street was declared a "dangerous building" per Chapter 7, Article VII of the City's Code of Ordinances. Pursuant to the Code, a public hearing for the building was held on August 17, 2020. The Building Supervisor issued an order to demolish the building by October 28, 2020. To date, the property owner has not taken action to comply with the order. As provided for in the Code, the City may cause the building to be demolished and a special tax bill issued for the cost of the demolition. The City solicited bids for the demolition of the building as well as three (3) other buildings. Six (6) bids were received for 529 South Benton Street. The bids ranged from $2,180.00 to $7,900.00. Logan Blevins Excavating, LLC was the low bidder. References have been submitted and approved. The demolition contract is attached, along with the tabulation of the bids. FINANCIAL LWACT The City will use funds from the condemnation budget to cover the cost of the demolition. A special tax bill will be issued to recover the cost. STAFF RECOMMENDATION Staff recommends approval of the resolution authorizing the City Manager to execute the demolition contract for 529 South Benton Street. ATTACHMENTS: Name: Description: ❑ Demofition Contract Blevins Excavating 529 S Benton.doc Resolution ❑ Demo Contract - 529 South Benton Street -Logan Blevins F�ccavating LLC.pdf 529 South Benton Street - Demolition Contract ❑ Bid Tabulation.Ddf Tabulation of Bids BILL NO. 21-40 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION CONTRACT WITH LOGAN BLEVINS EXCAVATING, LLC, FOR THE DEMOLITION OF A BUILDING LOCATED AT 529 SOUTH BENTON STREET, 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 Demolition Contract with Logan Blevins Excavating, LLC, for the demolition of a building located at 529 South Benton Street, in the City of Cape Girardeau, Missouri. 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 , 2021. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk DEMOLITION CONTRACT This Demolition Contract, hereinafter referred to as this "Contract", is entered into this day of , 2021, by and between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter referred to as the "City", and Logan Blevins Excavating, LLC, 461 Mossy Oak Ridge, Cape Girardeau, MO 63701, hereinafter referred to as the "Contractor". The City and the Contractor collectively are hereinafter referred to as the "Parties". In consideration of the mutual covenants contained herein and other good and valuable consideration, the Parties agree as follows: 1. The Contractor shall totally demolish the following building, as specified: 529 South Benton Street (Tract No. 999) a. Remove the totally burned wood frame single-family residence. b. Remove all fences and posts around the property line. c. Remove the storage shed, fallen trees, brush, and all rubbish and debris. d. Remove all footings and foundations from the structure, and break up the concrete floor. e. Bury the concrete on the site, with a minimum of 2 ft. of fill. f. Remove all rubbish and debris, and haul it to an approved landfill. g. Fill, grade, seed and straw the site. 2. All rubbish and debris shall be removed from the demolition site and deposited at a site satisfactory to the City. All holes left by removal of the foundations shall be filled with good dirt, free of debris, and compacted to a density equal to the surrounding ground. Dirt required for filling any holes shall be obtained from a site satisfactory to the City Engineer. The Contractor shall be responsible for any damage done to the sidewalks, alleys, or streets adjoining the property. All utilities shall be disconnected prior to demolition. The Contractor shall take all necessary care to protect the nearby buildings, drives, motor vehicles, and all adjoining properties, and the Contractor shall leave the same in a condition equal to that which now exists. The Contractor shall provide all labor and materials, and furnish and direct, at their own expense, whatever equipment or work may be necessary for the expeditious and proper execution of their duties under this Contract. 4. The Contractor shall secure, at their own expense, all permits, licenses, and consents required by law or necessary to perform the work and will give all notices and pay all fees and otherwise comply with applicable city, county, and state laws, ordinances, rules, and regulations. 5. Should the Contractor at any time refuse or neglect to supply adequate materials or equipment, or a sufficient number of properly skilled workers, or fail in any respect to prosecute the work with promptness and diligence, or fail to comply with the terms of this Contract, the City may, at its election, immediately terminate this Contract, giving notice to the Contractor in writing of such election, and enter on the premises and take possession for the purpose of completing the work covered under this Contract, and may employ any other person or persons to finish the work and to provide the materials therefor at the expense of the Contractor. 6. The Contractor shall indemnify the City from all claims, demands, suits, and actions of every name and description brought against the City for, or on account of, any injuries or damages received or sustained by any parties by, or as a result of, the acts or omissions of the Contractor, their servants or agents, in doing the work herein described, or by, or as a result of, any negligence in guarding the same, or on account of any improper equipment or materials utilized in performing the work. Page 1 7. The Contractor shall, prior to commencing work, furnish to the City a certified check or a surety bond, the form of the bond and surety company to be approved by the City, in the amount of Two Thousand One Hundred Eighty Dollars ($2,180.00), conditioned on the performance by the Contractor of all its duties hereunder. 8. The Contractor agrees to file with the City, prior to commencing work, a certificate of insurance naming the City as coinsured and showing that the Contractor has in force, for a period equal to the entire term of this Contract, a policy of general liability insurance insuring the Contractor against liability for personal injuries and property damage arising out of the work performed under this Contract, in a minimum amount of One Hundred Thousand Dollars ($100,000.00) for injuries or damages to any one (1) person and Two Million Dollars ($2,000,000.00) for injuries or damages received in any one (1) accident. The Contractor agrees to provide and maintain, during the entire term of this Contract and until final acceptance of the work by the City, workers compensation insurance for all of its employees at the site of the work. 9. Upon satisfactory performance by the Contractor of their duties under this Contract, and acceptance of said work by the City Engineer or his or her designee, the City will pay the Contractor the sum of Two Thousand One Hundred Eighty Dollars ($2,180.00). 10. The Contractor agrees to begin the work herein described within ten (10) days after the date of this Contract and to complete the work within Forty-five (45) days after the date of this Contract. In the event that the work is not completed within this time frame, excepting extensions granted to the Contractor for delays caused by circumstances beyond their control, the Contractor shall pay to the City damages in the sum of Fifty Dollars ($50.00) per day for each day over the Forty-five (45) day deadline. 11. The Contractor shall not assign or sublet this Contract or any portion thereof without the prior written consent of the City. 12. Failure of the City to insist in any one (1) or more instances on a strict performance of all of the terms or conditions of this Contract, or to exercise any right herein contained, shall not be construed as a future waiver or a relinquishment of the provisions or rights, but the same shall continue and remain in full force and effect. None of the terms or conditions of this Contract shall be altered, waived, modified, or abandoned in any manner except by written instrument executed by the Parties. IN WITNESS WHEREOF, the Parties have executed this Contract at Cape Girardeau, Missouri, the day and year first above written. ATTEST: Gayle L. Conrad, City Clerk ATTEST: CITY OF CAPE GIRARDEAU, MISSOURI Scott A. Meyer, City Manager Logan Blevins Excavating, LLC Log Blevins Page 2 0 cq LO a w P-4 pp 4-4 IV, �8 � v C7 IQ O S, Staff: Ryan Shrimplin, AICP - City Agenda: Planner4/5/2021 SUBJECT A Resolution authorizing the City Manager to execute a Performance Guarantee Agreement with SEMO Development, LLC, for The Highlands at Hopper Crossing - Phase 1, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached resolution authorizes the City Manager to execute a performance guarantee agreement for public sidewalk improvements in The Highlands at Hopper Crossing - Phase 1. BACKGROUND/DISCUSSION The City previously entered into a performance guarantee agreement with SEMO Development, LLC for public improvements in The Highlands at Hopper Crossing - Phase 1. The agreement is now expired, and all public improvements have been completed except for the sidewalks. A new agreement has been prepared for the sidewalks. As part of the agreement, the developer has obtained a letter of credit in the amount of $19,030.50 based on a cost estimate prepared by the City's engineering staff. The agreement, with the letter of credit, is attached. FINANCIAL IMPACT Per the agreement, if the developer does not complete the public sidewalk improvements in two years, then the City may complete them and request payment from the letter of credit to recover its costs. STAFF RECOMMENDATION Staff recommends approval of the resolution authorizing the City Manager to execute the performance guarantee agreement for The Highlands at Hopper Crossing - Phase 1. ATTACHMENTS: Name: Description: Agreement Perfommnce Guarantee SEW Dev LLC Highlands Hopper Crossing Phase l.doc Resolution The Highlands at Hopper Crossingd ❑ Performance Guarantee Agreement The Highlands_at Hopper Crossing Phase 1 (Sidewalks) Partially Fxecuted.p Phase 1 - PerFormance Guarantee Agreement BILL NO. 21-41 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PERFORMANCE GUARANTEE AGREEMENT WITH SEMO DEVELOPMENT, LLC, FOR THE HIGHLANDS AT HOPPER CROSSING - PHASE 1, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Performance Guarantee Agreement with SEMO Development, LLC, for The Highlands at Hopper Crossing - Phase 1, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF , 2021. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk PERFORMANCE GUARANTEE AGREEMENT THE HIGHLANDS AT HOPPER CROSSING - PHASE I SIDEWALK IMPROVEMENTS This Performance Guarantee Agreement, hereinafter referred to as this "Agreement", is made and entered into this -!1— day of MCS 2021, by and between SEMO DEVELOPMENT, LLC, a Missouri Limited Liability Company, having its principal office and place of business at 2480 Benton Hill Road, Cape Girardeau, Missouri, 63701, hereinafter referred to as the "Developer", and the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation of the State of Missouri, hereinafter referred to as the "City". The Developer and the City collectively are hereinafter referred to as the "Parties". WHEREAS, the Developer has submitted to the City, and the City has approved, the record plat of The Highlands at Hopper Crossing - Phase 1, a subdivision located within the City of Cape Girardeau, Missouri; and WHEREAS, the Developer and the City previously entered into an agreement for establishing a performance guarantee in lieu of the Developer constructing certain public improvements in said subdivision prior to the approval of said record plat by the City; and WHEREAS, said agreement has expired; and WHEREAS, the Parties wish to execute this Agreement to replace the expired agreement and to establish a new performance guarantee for constructing the public sidewalks in said subdivision. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and agreements contained herein, the Parties stipulate and agree as follows: 1. The Developer has submitted to the City, and the City has approved, improvement plans for the public sidewalks in said The Highlands at Hopper Crossing - Phase 1, hereinafter referred to as the "Subdivision". 2, Bank of Advance, hereinafter referred to as the "Financial Institution", has issued an Irrevocable Standby Letter of Credit, hereinafter referred to as the "Letter of Credit", for the cost of the public sidewalk improvements in the Subdivision. The Letter of Credit is attached to this Agreement as "Exhibit A" and made a part hereof as though fully set out herein. The Letter of Credit is a commitment to the Developer from the Financial Institution that it will serve as the primary lender for the construction of the public sidewalks in the Subdivision and commits itself for enough funds to complete said sidewalks. Further, the Letter of Credit lists the City as the Beneficiary and provides for payment of funds to the City in the event the Developer is found to be in default under this Agreement. Page 1 of 5 3. A copy of the most recent financial statement of the Financial Institution is made available for the purpose of guaranteeing to the City that the Financial Institution, as the issuer of the Letter of Credit to the Developer, has sufficient resources with which to uphold its guarantee. 4. The City may, from time to time, authorize a reduction in the balance of the Letter of Credit and shall do so by written notification. from the City's Administrative Officer. 5. Upon approval by the City through its Administrative Officer for the release of the remaining balance of the Letter of Credit, this Agreement shall be terminated and the Developer and the Financial Institution shall be released from any further obligation to the City insofar as the provisions of this Agreement are concerned. 6. If, after two (2) years from the date of this Agreement, all of the public sidewalks shown on the approved improvement plans have not been constructed, then the City may request payment from the balance of the Letter of Credit as required in order to construct the missing sidewalks. Said request for payment shall be per the terms of the Letter of Credit. 7. This Agreement shall not in any fashion be construed to limit the powers, rights, or duties of the City, but shall be construed in the light of the applicable City ordinances. 8. No part of this Agreement may be assigned by the Developer or the Financial Institution without first obtaining the express written consent of such assignment by the City, but the City agrees not to unreasonably withhold such consent. date. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the above Page 2 of 5 DEVELOPER SEMO Development, LLC is el Pe ers, anaging Member STATE OF MISSOURI ) SS. COUNTY OF CAPE GIRARDEAU ) On this day of , 2021, before me personally appeared Michael Peters, Managing Member of SEMO Development, LLC, a Missouri Limited Liability Company, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as the free act and deed of said Limited Liability Company, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. 0,6A� Notary Public Name/My Commission Expires: CARRIE BUMPus Notary Public, Notary Seal State of Missouri Cape Girardeau County Commission It 16638102 Commission Expires 09-10-2023 Page 3 of 5 CITY City of Cape Girardeau, Missouri Scott A. Meyer, City Manager ATTEST: City Clerk STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU ) On this this day of , 2021, before me personally appeared Scott A. Meyer, City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, to me known to be the person described in and who executed the foregoing instrument, and who acknowledged that the foregoing instrument was signed and sealed on behalf of said City by authority of its City Council, and acknowledged that he executed the same as the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. Notary Public Name/My Commission Expires: Page 4 of 5 EXHIBIT A LETTER OF CREDIT on following page(s) Page 5 of 5 IRREVOCABLE STANDBY LETTER OF CREDIT Letter of Credit Number: Amount: U,S, $ 19,030.50 (nineteen thousand and thirty dollars and fifty cents U.S, DOLLARS) This Letter of Credit is issued on March 10, 2021 by Issuer in favor of the Beneficiary for the account of Applicant, The parties' names and their addresses are as follows: APPLICANT: SEMO DEVELOPMENT, LLC Entity Type: Limited Liability Company 2480 BENTON HILL RD CAPE GIRARDEAU, MO 63701 BENEFICIARY: CITY OF CAPE GIRARDEAU, MISSOURI Entity Type: Domestic Government Unit CITY HALL - 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO 63701 ISSUER: BANK OF ADVANCE 205 S Ash St P.O. Box 400 Advance, MO 63730-0400 1. LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is greater than one), Each Draft shall be signed on behalf of Beneficiary and be marked "Drawn under Bank of Advance Letter of Credit No. dated March 10, 2021." Drafts must be presented at Issuer's address shown above on or before the Expiration Date, The presentation of any Draft shall reduce the Amount available under this Letter of Credit by the amount of the draft. This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any reference in this Letter of Credit, or any document to which this Letter of Credit may be related, This Letter of Credit expires on the Expiration Date. 2. DRAWINGS. Beneficiary shall be permitted to make multiple drawings on this Letter of Credit, The maximum number of drawings that may be made on this Letter of Credit is Unlimited. "Draft" means a draft drawn at sight. 3. DOCUMENTS. Each Draft must be accompanied by the following, in original and two copies except as stated: A. A sight draft drawn by Beneficiary on Issuer. B. A signed statement by Beneficiary including the following statement: The undersigned hereby certifies that SEMO Development, LLC is in default under the terms of that certain contractual agreement, between the City of Cape Girardeau, Missouri and SEMO Development, LLC and that the applicable period to cure such default has expired, C. The following other documents: Proof of default by applicant. Issuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Letter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer to verify the identity or authority of the person presenting the draft and such documentation. 4, EXPIRATION DATE. This Letter of Credit expires at the close of business at Issuer's address at Midnight Central Time (Time) on March 10, 2023 (Date), Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Credit on or before the Expiration Date, The Expiration Date shall automatically be extended for one (1) year from the Expiration Date, and likewise therafter one 11) year from any such extended expiration date, unless riot less than Thirty (30) days prior to the Expiration Date or any extended Expiration Date shall we ssend written notice that we have elected not to extend or further extend the Expiration Date. In no event shall the Expiration Date be extended beyond March 10, 2026 5. NON -TRANSFERABLE, This Letter of Credit is not transferable, 6. APPLICABLE LAW. This Letter of Credit is governed by the International Standby Practices 1998 (ISP98). This Letter of Credit is also governed by the laws of Missouri, except as those laws conflict with the International Standby Practices 1998 (ISP98), ISSUER: Bank of Advance s By_ a.s Date ��OV•6 V�"I Adam air) y, Executive Vice President SEMU UEVELUPMENT LLC Standby Letter Of Credit MO/4XXXXADAM00000000002448036N Wolters Kluwer Financial Services ©1996, 2021 Bankers SystemsTM Page 1 1111111111111111111111111111111111111�1 1111VI 111111Al 11 % 1111111111211112111111 Staff: Ryan Shrimplin, AICP - City Agenda: Planner4/5/2021 SUBJECT A Resolution authorizing the City Manager to execute a Performance Guarantee Agreement with SEMO Development, LLC, for The Highlands at Hopper Crossing - Phase 3, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached resolution authorizes the City Manager to execute a performance guarantee agreement for public sidewalk improvements in The Highlands at Hopper Crossing - Phase 3. BACKGROUNDMIS CUS SION SEMO Development, LLC, developer of the The Highlands at Hopper Crossing - Phase 3 subdivision, has submitted public improvement plans for the subdivision. The plans have been approved by the City's engineering staff. Per Section 25-1308 of the City's Code of Ordinances, all of the public improvements for a subdivision must be completed and/or covered under a performance guarantee agreement in order for the City Council to review a record plat of that subdivision. The developer has executed the attached performance guarantee agreement for the sidewalk improvements. As part of the agreement, the developer has obtained a letter of credit in the amount of $33,344.50 based on a cost estimate prepared by the City's engineering staff. The agreement, with the letter of credit, is attached. The record plat of The Highlands at Hopper Crossing - Phase 3 is on this agenda as a separate item. The other public improvements are substantially complete and will be ready for acceptance by the City Council. FINANCIAL IMPACT Per the agreement, if the developer does not complete the sidewalk improvements in two years, then the City may complete them and request payment from the letter of credit to recover its costs. STAFF RECOMMENDATION Staff recommends approval of the resolution authorizing the City Manager to execute the performance guarantee agreement for The Highlands at Hopper Crossing - Phase 3. ATTACHMENTS: Name: Description: Agreement Performance Guarantee SEMO Dev LLC Highlands Hopper Crossing 3.doc Resolution The Highlands at Hopper Crossing Phase 3 - ® Perfommnce Guarantees Agreement The Highlands at Hopper Crossing Phase 3 (Sidewalks Only) Partially Becuted.pd Performance Guarantee Agreement BILL NO. 21-42 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PERFORMANCE GUARANTEE AGREEMENT WITH SEMO DEVELOPMENT, LLC, FOR THE HIGHLANDS AT HOPPER CROSSING - PHASE 3, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Performance Guarantee Agreement with SEMO Development, LLC,, for The Highlands at Hopper Crossing - Phase 3, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF , 2021. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk PERFORMANCE GUARANTEE AGREEMENT THE HIGHLANDS AT HOPPER CROSSING — PHASE 3 SIDEWALK IMPROVEMENTS This Performance Guarantee Agreement, hereinafter referred to as this "Agreement", is made and entered into this 2y- day of 0-4AzA^ , 2024, by and between SEMO DEVELOPMENT, LLC, a Missouri Limited Liability Company, having its principal office and place of business at 2480 Benton Hill Road, Cape Girardeau, Missouri, 63701, hereinafter referred to as the "Developer", and the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation of the State of Missouri, hereinafter referred to as the "City". The Developer and the City collectively are hereinafter referred to as the "Parties". WITNESSETH: WHEREAS, the Developer is the owner of The Highlands at Hopper Crossing — Phase 3, a proposed subdivision located within the City of Cape Girardeau, Missouri, and has submitted to the City improvement plans and specifications for said subdivision, which have been approved by the City, and has submitted a record plat for said subdivision with request that said plat be approved by the City; and WHEREAS, the Developer proposes to meet the ordinance requirements of the City with respect to the posting of this Agreement prior to the approval by the City of the plat proposed for said subdivision. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and agreements contained herein, the Parties stipulate and agree as follows: 1. The Developer has submitted to the City a record plat for The Highlands at Hopper Crossing — Phase 3, hereinafter referred to as the "Proposed Subdivision", with request that said plat be approved by the City. The Developer has also submitted improvement plans for the Proposed Subdivision, which have been approved by the City. 2. An Irrevocable Standby Letter of Credit, hereinafter referred to as the "Letter of Credit", has been issued for the cost of the improvements in the Proposed Subdivision by Bank of Advance, hereinafter referred to as the "Financial Institution". The Letter of Credit is attached to this Agreement as "Exhibit A" and made a part hereof as though fully set out herein. The Letter of Credit is a commitment to the Developer from the Financial Institution that it will serve as the primary lender for the development of the Proposed Subdivision and commits itself for enough funds to complete the improvements in the Proposed Subdivision. Further, the Letter of Credit lists the City as the Beneficiary and provides for payment of funds to the City in the event the Developer is found to be in default under this Agreement. A copy of the most recent financial statement of the Financial Institution is made available for the purpose of guaranteeing to the City that the Financial Institution, as the Page 1 of 5 issuer of the Letter of Credit to the Developer, has sufficient resources with which to uphold its guarantee. 4. The City may, from time to time, authorize a reduction in the balance of the Letter of Credit and shall do so by written notification from the City's Administrative Officer. 5. Upon approval by the City through its Administrative Officer for the release of the remaining balance of the Letter of Credit, this Agreement shall be terminated and the Developer and the Financial Institution shall be released from any further obligation to the City insofar as the provisions of this Agreement are concerned. 6. If, after two (2) years from the date of this Agreement, all the improvements shown on the approved improvement plans and specifications have not been completed, the City may request payment from the balance of the Letter of Credit as required in order to complete the improvements. Said request for payment shall be per the terms of the Letter of Credit. 7. This Agreement shall not in any fashion be construed to limit the powers, rights, or duties of the City, but shall be construed in the light of the applicable City ordinances. 8. No part of this Agreement may be assigned by the Developer or the Financial Institution without first obtaining the express written consent of such assignment by the City, but the City agrees not to unreasonably withhold such consent. date. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the above Page 2 of 5 DEVELOPER SEMO Development, LLC ichael Peters, Managing Member STATE OF MISSOURI ) SS. COUNTY OF CAPE GIRARDEAU ) On this,�Zy day of IV\P—i2-4,n , 2026, before me personally appeared Michael Peters, Managing Member of SEMO Development, LLC, a Missouri Limited Liability Company, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as the free act and deed of said Limited Liability Company, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. X1 JAA 011A L Notary Public IV Name/My Commission Expires: CARRIS BUMRUS Notary Public, Notary Seal State of Missouri Cape Girardeau County Cornrnisslon # 16636102 My Corr7mission Bx fires 09.10-2023 Page 3 of 5 CITY City of Cape Girardeau, Missouri Scott A. Meyer, City Manager ATTEST: City Clerk STATE OF MISSOURI ) SS. COUNTY OF CAPE GIRARDEAU ) On this this day of , 2020, before me personally appeared Scott A. Meyer, City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that the foregoing instrument was signed and sealed on behalf of said City by authority of its City Council, and acknowledged that he executed the same as the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. Notary Public Name/My Commission Expires: Page 4 of 5 EXHIBIT A LETTER OF CREDIT (on following page) Page 5 of 5 IRREVOCABLE STANDBY LETTER OF CREDIT Letter of Credit Number: 10103623 Amount: U.S, $ 33,344.50 (thirty three thousand three hundred and forty four dollars and fifty cents U.S. DOLLARS) This Letter of Credit is issued on March 10, 2021 by Issuer in favor of the Beneficiary for the account of Applicant. The parties' names and their addresses are as follows: APPLICANT: SEMO DEVELOPMENT LLC Entity Type: Limited Liability Company 2480 BENTON HILL RD CAPE GIRARDEAU, MO 63701 BENEFICIARY: CITY OF CAPE GIRARDEAU, MISSOURI Entity Type: Domestic Government Unit CITY HALL - 401 INDEPENDENCE ST CAPE GIRARDEAU, MO 63701 ISSUER: BANK OF ADVANCE 205 S Ash St P.O. Box 400 Advance, MO 63730-0400 1. LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is greater than one). Each Draft shall be signed on behalf of Beneficiary and be marked "Drawn under Bank of Advance Letter of Credit No, 10103623 dated March 10, 2021." Drafts must be presented at Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shall reduce the Amount available under this Letter of Credit by the amount of the draft, This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any reference in this Letter of Credit, or any document to which this Letter of Credit may be related. This Letter of Credit expires on the Expiration Date. 2. DRAWINGS. Beneficiary shall be permitted to make multiple drawings on this Letter of Credit. The maximum number of drawings that may be made on this Letter of Credit is Unlimited. "Draft" means a draft drawn at sight. 3. DOCUMENTS. Each Draft must be accompanied by the following, in original and two copies except as stated: A. A sight draft drawn by Beneficiary on Issuer, B. A signed statement by Beneficiary including the following statement: The undersigned hereby certifies that SEMO Development, LLC is in default under the terms of that certain contratual agreement between the City of Cape Girardeau, Missouri and SEMO Development, LLC and that the applicable period to cure such default has expired, C. The following other documents: Proof of default by applicant, Issuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Letter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer to verify the identity or authority of the person presenting the draft and such documentation, 4. EXPIRATION DATE, This Letter of Credit expires at the close of business at Issuer's address at MIDNIGHT Central Time (Time) on March 10, 2023 (Date), Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Credit on or before the Expiration Date. The Expiration Date shall automatically be extended for one (1) year from the Expiration Date, and likewise thereafter one (1) year from any such extended expiration date, unless not less than Thirty (30) dats prior to the Expiration Date or any extended Expiration Date shall we send written notice that we have elected not to extend or further extend the Expiration Date, In no event shall the Expiration Date be extended beyond March 10, 2026, 5. NON -TRANSFERABLE. This Letter of Credit is not transferable. 6. APPLICABLE LAW, This Letter of Credit is governed by the International Standby Practices 1998 (ISP98). This Letter of Credit is also governed by the laws of Missouri, except as those laws conflict with the International Standby Practices 1998 (ISP98)• ISSUER: Bank of Advance By• _ Date Ad4alExecutive Vice resident SEMO DEVELOPMENT LLC -" Standby Letter Of Credit MO/4XXXXADAM 00000000002448036N Wolters Kluwer Financial Services 0'1996, 2021 Bankers SystemsTM Page 1 111111111111111111111111111111111111111111111111 HII o 11111 111111 /0 1 0 1 0 3 0 2 3% 1 3 9 4 0 3 1 0 2 0 2 1. Staff: Ryan Shrimplin, AICP - City Agenda: Planner4/5/2021 SUBJECT A Resolution authorizing the City Manager to execute a Performance Guarantee Agreement with Meyr Properties, L.P., for Touchdown Ridge 2, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached resolution authorizes the City Manager to execute a performance guarantee agreement for public water improvements in the Touchdown Ridge 2 subdivision. BACKGROUND/DISCUSSION Meyr Properties, L.P., developer of the Touchdown Ridge 2 subdivision, has submitted public improvement plans for the subdivision. The plans have been approved by the City's engineering staff. Per Section 25-1308 of the City's Code of Ordinances, all of the public improvements for a subdivision must be completed and/or covered under a performance guarantee agreement in order for the City Council to review a record plat of that subdivision. In December 2020, the developer and the City entered into a performance guarantee agreement for the public sidewalk improvements. The developer now wishes to execute a separate agreement for the public water improvements. As part of the agreement, the developer has obtained a letter of credit in the amount of $123,606.00 based on a cost estimate prepared by the City's engineering staff. The agreement, with the letter of credit, is attached. The record plat of Touchdown Ridge 2 is on this agenda as a separate item. The other public improvements are substantially complete and will be ready for acceptance by the City Council. FINANCIAL LWACT Per the agreement, if the developer does not complete the public water improvements in two years, then the City may complete them and request payment from the letter of credit to recover its costs. STAFF RECOMMENDATION Staff recommends approval of the resolution authorizing the City Manager to execute the performance guarantee agreement for Touchdown Ridge 2. ATTACHMENTS: Name: Description: D Agreement Performance Guarantee Meter Pro ep rties Touchdown Ridge 2.doc Resolution D Perfornnce Guarantee Agreement Touchdown_Ridae 2 (Water Only) Partiafly Ewcutedmdf Touchdown Ridge 2 - Performance Guarantee Agreement (Water) BILL NO. 21-43 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PERFORMANCE GUARANTEE AGREEMENT WITH MEYR PROPERTIES, L.P., FOR TOUCHDOWN RIDGE 2, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Performance Guarantee Agreement with Meyr Properties, L.P., for Touchdown Ridge 2, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF , 2021. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk PERFORMANCE GUARANTEE AGREEMENT TOUCHDOWN RIDGE 2 WATER IMPROVEMENTS This Performance Guarantee Agreement, hereinafter referred to as this "Agreement", is made and entered into this 4' day of 20j, 1 , by and between MEYR PROPERTIES, L.P., a Missouri Limited Partnership, having its principal office and place of business at 966 County Road 616, Jackson, Missouri, 63755, hereinafter referred to as the "Developer", and the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation of the State of Missouri, hereinafter referred to as the "City". The Developer and the City collectively are hereinafter referred to as the "Parties". WITNESSETH: WHEREAS, the Developer has submitted to the City improvement plans and specifications for Touchdown Ridge 2, a proposed subdivision located within the City of Cape Girardeau, Missouri, said plans and specifications having been approved by the City; and WHEREAS, the Developer has also submitted a record plat for said subdivision, with request that said plat be approved by the City; and WHEREAS, the Developer proposes to meet the ordinance requirements of the City with respect to the posting of this Agreement prior to the approval by the City of the plat proposed for said subdivision. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and agreements contained herein, the Parties stipulate and agree as follows: 1. The Developer has submitted to the City a record plat for Touchdown Ridge 2, hereinafter referred to as "Proposed Subdivision", with request that said plat be approved by the City. The Developer has also submitted improvement plans for the Proposed Subdivision, which have been approved by the City. 2. An Irrevocable Letter of Credit, hereinafter referred to as the "Letter of Credit", has been issued for the cost of the improvements in the Proposed Subdivision by Montgomery Bank, N.A., hereinafter referred to as the "Financial Institution". The Letter of Credit is attached to this Agreement as "Exhibit A" and made a part hereof as though fully set out herein. The Letter of Credit is a commitment to the Developer from the Financial Institution that it will serve as the primary lender for the development of the Proposed Subdivision and commits itself for enough funds to complete the improvements in the Proposed Subdivision. Further, the Letter of Credit lists the City as the Beneficiary and provides for payment of funds to the City in the event the Developer is found to be in default under this Agreement. Page 1 of 5 A copy of the most recent financial statement of the Financial Institution is made available for the purpose of guaranteeing to the City that the Financial Institution, as the issuer of the Letter of Credit to the Developer, has sufficient resources with which to uphold its guarantee. 4. The City may, from time to time, authorize a reduction in the balance of the Letter of Credit and shall do so by written notification from the City's Administrative Officer. Upon approval by the City through its Administrative Officer for the release of the remaining balance of the Letter of Credit, this Agreement shall be terminated, at such time the Developer and the Financial Institution shall be released from any further obligation to the City insofar as the provisions of this Agreement are concerned. 6. If, after two (2) years from the date of this Agreement, all the improvements shown on the approved improvement plans and specifications have not been completed, the City may request payment from the balance of the Letter of Credit as required in order to complete the improvements. Said request for payment shall be per the terms of the Letter of Credit. 7. This Agreement shall not in any fashion be construed to limit the powers, rights, or duties of the City, but shall be construed in the light of the applicable City ordinances. 8. No part of this Agreement may be assigned by the Developer or the Financial Institution without first obtaining the express written consent of such assignment by the City, but the City agrees not to unreasonably withhold such consent. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the above date. Page 2 of 5 DEVELOPER Meyr Properties, L.P. By: Meyr Management Company, Inc., General Partner of Meyr Properties, L.P. �/�XQ �q &- Rylan . Meyr, President of Meyr Management Company, Inc. STATE OF MISSOURI ) SS. COUNTY OF CAPE GIRARDEAU ) On this & �day of VY1 a y. uy-, , 20_&J, before me personally appeared Ryland R. Meyr, President of Meyr Management Company, Inc., General Partner of Meyr Properties, L.P., a Missouri Limited Partnership, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as the free act and deed of said Limited Partnership. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. Name/My Commission Expires: JI Notary ublic Angola Heuring Notary Public - Notary Seal Scott County, Missouri Commission # 12463382 Commission Expires 07/26/2024 Page 3 of 5 CITY City of Cape Girardeau, Missouri Scott A. Meyer, City Manager ATTEST: City Clerk STATE OF MISSOURI ) SS. COUNTY OF CAPE GIRARDEAU ) On this this day of , 20, before me personally appeared Scott A. Meyer, City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that the foregoing instrument was signed and sealed on behalf of said City by authority of its City Council, and acknowledged that he executed the same as the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. Notary Public Name/My Commission Expires: Page 4 of 5 EXHIBIT A LETTER OF CREDIT (on following page) Page 5 of 5 FROM: Montgomery Bank, a Missouri non -fiduciary trust company 2027 Broadway Cape Girardeau, MO 63701 .Date: March 23, 2021 TO: Meyr Properties, L.P. 966 County Road 616 Jackson, MO 63755 N City of Cape Girardeau, Missouri — Beneficiary City Hall, 401 Independence Street Cape Girardeau, Missouri, 63701 We hereby establish our irrevocable letter of credit in your favor up to the aggregate amount of ONE HUNDRED TWENTY-THREE THOUSAND, SIX HUNDRED SIX AND 00/100 dollars ($123,606.00) available upon your demand and upon the approval of Beneficiary — City of Cape Girardeau for the cost of water improvements to Touchdown Ridge 2, according to the record plat and improvement plans and specifications on file at the City of Cape Girardeau. If you do not complete the improvements as specified within two (2) years, Beneficiary — City of Cape Girardeau may, pursuant to the procedures in the Ordinances of the City of Cape Girardeau, draw the balance of your account required to complete said improvements. FINANCIAL INSTITUTION Montgomery Bank, a Missouri non -fiduciary trust company (Seal) q(Siature)- James P. Limbaugh Executive Vice President Cape Girardeau Regional President 12Y F®IC Telephone: 1-800-455-2275 • E-mail: customerservice@montgomerybank.com EQUAL HOUSING LEWDER Accepted this day of Mo v,.,k , 2021 (Seal) CITY CUSTOMER -DEVELOPER Meyr Properties, L.P. By: Meyr Management Company, Inc., General Partner of Meyr Properties, L.P. C Ryland .Meyr, President of Meyr Management Company, Inc. Approved pursuant to Council action this day of , 2021. (Seal) City of Cape Girardeau, Missouri Scott A. Meyer, City Manager STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU On this A day of m r w� , 2021, before me personally appeared Ryland "Dutch" Meyr to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. My Commission Expires: k�)'l - ate. - a%c , � STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU (Notary PuBlic Signature) (Typed N& of Notary Public Angela Heuring Notary Public - Notary Seal Scott County, Missouri Commission # 12463382 ss. Commission Expires 07/26/2024 On this J'� day of X1 -N , 2021, before me personally appeared James P. Limbaugh, Executive Vice President/Cape Girardeau Regional President, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed by official seal at my office in said County and State the day and year first above written. My Commission Expires: (Notary Public Signature) �� i`i •e.�.a v' � h r (Typed r me of Notary Public) �— Angela Heuring Notary Public - Notary Seal Scott County, Missouri Commission # 12463382 Commission Expires 07/26/2024 STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU On this day of , 2021, before me appeared Scott A. Meyer, to me personally know, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of 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. My Commission Expires: (Notary Public Signature) (Typed Name of Notary Public) Staff: Katrina Amos, Airport Manager Agenda: 4/5/2021 SUBJECT Lease Agreement with US Aviation Academy in Denton, Texas, for office and hangar space at the Cape Girardeau Regional Airport. EXECUTIVE SUMMARY The attached agreement for office and hangar space to be maintained by US Aviation Academy provides for a new, five-year lease in Hangar 71 located at the airport for the purpose of operating a Professional Pilot Program in partnership with Southeast Missouri State University. This lease includes 720 square feet of office space and 2,366 square feet of hangar and breakroom space. Total rent, scheduled to begin May 1, 2021, will be $1,250.00 monthly or $15,000 annually. See attached Exhibit A for office and hangar space layout. BACKGROUND/DISCUSSION Discussions about the possibility of a pilot program began in 2015 when the airline industry began to experience the effects of the world-wide pilot shortage. After years of research, Southeast Missouri State University advertised a Request for Proposals for Professional Pilot Program Management. US Aviation Academy was selected to operate a 4 -year Professional Pilot Program at the Cape Girardeau Regional Airport. In addition to providing aviation course instruction, US Aviation will also supply the training aircraft, beginning with three (3) Cessna 172's, and flight instructors for the program. This program will begin with the Fall 2021 semester and expects to enroll 10 full-time students for the first year and grow the program to 85 full-time students within 5 years. FINANCIAL IMPACT This lease provides revenues of $1,250 per month, or $15,000 annually. The increased flight instruction traffic from the program will also generate additional fuel sales. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS This agreement provides $1,250 per month in revenues, or $15,000 annually. If the Professional Pilot Program grows as anticipated, it is expected to drive a significant increase in annual aircraft operations. This will provide additional fuel revenue to the airport. STAFF RECOMMENDATION It is recommended the City Council approve a resolution authorizing the City Manager to enter into the attached agreement with US Aviation Academy in the amount of $15,000.00 annually, at the Cape Girardeau Regional Airport. ATTACHMENTS: Name: Description: © Hangar Lease Aerem eent.US Aviation.Airport.doc Resolution U US AVIATION ACADEMY OFFICE AND HANGAR LEASE KCGI Signed. df US Axiation Lease Agreement U US Aviation Exibit A.ndf US Mation Lease Exhibit A BILL NO. 21-44 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH US AVIATION ACADEMY FOR OFFICE AND HANGAR 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 Lease Agreement with US Aviation Academy for office and hangar space, 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 , 2021. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk CITY of CAPE GIRARDEAU REGIONAL AIRPORT - CGI US AVIATION ACADEMY OFFICE AND HANGAR LEASE This Agreement, made and entered into this day of , 2021, by and between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter called "Lessor" and US Aviation Academy, a corporation organized and existing under and by virtue of the laws of the State of Texas, and authorized to do business in the State of Missouri, hereinafter referred to as "Lessee", In consideration of the mutual promises and covenants hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, both parties hereto agree as follows: SECTION 1. LEASED PREMISES. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor, the property shown on diagram in Exhibit A attached hereto and by this reference made a part hereof, located in Hangar 71, and also including the right to use the common areas and parking facilities not specifically designated for another use, which said property is located within Hangar 71 at the Cape Girardeau Regional Airport in Cape Girardeau, Missouri. SECTION 2. USE OF PREMISES. Lessee shall occupy and use the leased premises to operate a flight training program and for the purpose of maintaining a hangar for Lessee's airplanes. 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. Lessee shall all times maintain a respectable, clean, and professional operation and appearance. ;y x411 1130113WM D).7- p The original term of this agreement shall be for five (5) years, commencing on the Pt day of May 2021 for office and July 1, 2021 for hangar/break room, and shall expire on the 31St day of March, 2026. This Lease shall automatically renew, on the same terms and conditions, for four (4) additional one (1) year terms unless Lessee notified Lessor in writing of intent to terminate the Lease at least sixty (60) days prior to the end of the current Lease term. At the conclusion of these four renewal terms, all rental amounts and other conditions of the Lease shall be subject to renegotiation at the option of Lessor, otherwise, this agreement shall continue in force from year to year unless one of the parties to the agreement notifies the other party in writing, at least sixty (60) days prior to March 31 Sc, that they intend to terminate the agreement or that they desire to negotiate the contract. SECTION 4. RENT. Page 1 of 7 Lessee promises and agrees to pay rent to Lessor for the leased premises at a rate of $1,250.00 monthly, which is the sum of 720 square feet multiplied by $.75 per square foot per month, or $540, plus $710.00 per month for hangar and break room space which is the sum of 2,366 square feet multiplied by $.30 per square foot per month. This rent payment includes expenses for all water, gas, electricity, sewer and other utility charges, except for telephone and internet, associated with the leased premises during the term of this Lease. Any additional space used by the Lessee shall be subject to additional rental payments as a part of monthly rent, upon agreement and approval by the Airport Manager or his/her assigned designee. The rent is payable monthly and Lessee shall pay to Lessor before the 101 day of each month the rent hereinbefore provided for the previous month. Said payments and documentation shall be delivered to the Cape Girardeau Regional Airport Administrative Office, City of Cape Girardeau, P.O. Box 617, Cape Girardeau, MO 63702-0617. The minimum monthly rent shall be reviewed each fifth anniversary date of the inception of this Lease and adjusted in accordance with percentage increases in the Consumer Price Index (Midwest Urban All Urban Consumers) Subject to provisions in SECTION 15. DAMAGES., should Hangar 71 be damaged in such a way as to cause reduction or cessation of Lessee's business, the base minimum rent shall be reduced by the same percentage as the gross receipts of the Lessee are reduced during the months of such damage, compared to the corresponding calendar months of the immediately preceding year, provided that such damage is in no way proximately caused by Lessee, its agents or employees. SECTION 5. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this Lease, nor shall the leased premises or any part thereof, be assigned, let or sublet without the prior written consent of Lessor, which consent shall not be unreasonably withheld. SECTION 6. TERMINATION OF LEASE. Following the initial five (5) year term of this Lease, Lessee shall be required to give at least sixty (60) days' notice of intent to terminate this Lease. Failure of the Lessee to conduct business in excess of thirty (30) consecutive days without written notice giving reasonable cause of such to Lessor may be abandonment of the leased premises.. Failure by Lessee to give such notice shall be considered as abandonment of the leased premises and shall result in termination of the terms of this Lease — AND — Lessee shall pay to Lessor, one month's rent at the highest rate applicable in paragraph 4 of this Lease. SECTION 7. REPAIRS. Lessee shall be responsible for damage to the demised premises resulting from Lessee's use of the premises, ordinary wear and tear excepted and Lessee shall keep the demised premises in good and safe repair and condition at all times during the term hereof. Page 2 of 7 SECTION 8. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions, repairs, replacements or improvements upon the leased premises without the prior written consent of Lessor. Such consent shall not be withheld without reasonable cause. All alterations, additions, repairs, replacement and improvements shall be and remain the property of Lessor and be surrendered with the leased premises as part thereof upon termination of this Lease. SECTION 9. SIGNS. Lessee shall not construct, attach, affix or paint any sign, advertisement or notice on the exterior of the leased premises, including screens, awnings and shades without the prior written consent of Lessor. Lessor agrees to work with the Lessee in facilitating a location upon which Lessee can erect and maintain a sign or signs, which will, at a minimum, advertise the business of the Lessee. SECTION 10. COMPLIANCE WITH LAWS. Lessee covenants and agrees that it will comply with all the requirements of all laws regulating the use and occupancy of buildings in Cape Girardeau, Missouri and that it will not create or permit any nuisance in or upon the leased premises to the annoyance of neighboring properties, or permit waste of the leased premises to occur, or allow the leased premises to be used for any illegal, immoral or illegitimate purposes. SECTION 11. UTILITIES. Lessee shall be responsible to pay all local and long distance telephone expenses associated with Lessee's business. Additionally, computer or internet service charges will be the responsibility of Lessee. SECTION 12. PUBLIC LIABILITY INSURANCE. Lessee shall procure and maintain in effect for the term of this Lease 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. The Lessor shall be named as an additional insured and the policy shall provide that in the event of cancellation, written notice of such cancellation shall be given to the Lessor at least thirty days prior to the effective date of such cancellation. If, however, the State of Missouri raises the liability limits for municipalities contained in Section 537.600 et seq., revised Statutes of Missouri, or elsewhere, Lessee shall increase its liability insurance to an amount equal to the increased liability limits. SECTION 13. INDEMNIFICATION. Lessee shall indemnify and hold harmless and defend the Lessor, its officers, agents and employees from and against any and all claims, demands, damage, loss or liability of any kind or nature, costs or expenses, including attorney's fees and witness costs which may be asserted by any person or persons for or on account of injuries or death or damages to property sustained because of or arising out of activities of Lessee, its officers, agents or employees provided for herein, whether or not there is concurrent active or passive negligence on the part of the Lessor, but excluding liabilities due to the sole negligence or willful misconduct or Lessor. Lessor shall not be liable for its failure to perform the Agreement or for any loss, Page 3 of 7 injury, damage or delay of any nature whatsoever resulting there from caused by any Act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond Lessor's control. SECTION 14. TAXES. Lessor shall pay any real estate taxes on the Leased premises. Lessee will be responsible only for such taxes as are assessed against Lessee's activity and on the equipment Lessee owns, and/or uses in the conduct of its activity. SECTION 15. DAMAGES. If the leased premises or any improvements thereon become damaged in whole or in part by fire or other casualty through no fault of Lessee to such extent as Lessee determines said damage will interfere with or inconvenience it in its operations, Lessee shall have the following options: 1) Lessee may request Lessor to repair the damaged premises at Lessors expense if such damage is not the result of Lessees use or occupancy. Lessor, however, shall have sole discretion in deciding whether to rebuild the premises. 2) If said premises are not rebuilt, Lessee may, upon 30 days written notice, forthwith terminate this Lease, in which event Lessee shall have no further liability or obligation to Lessor. If the leased premises or any improvements thereon become damaged in whole or in part as a result of Lessee's use or occupancy, Lessor may, in its sole discretion, repair such damage but at Lessee's expense, and if such damage is covered by Lessee's insurance, then the proceeds of such insurance shall be paid to Lessor to be applied to such restoration or repair, with any excess paid to, or deficiency paid by, Lessee as the case may be. SECTION 16. DEFAULT. If any default shall be made in Lessee's compliance with any term or provision of this Lease agreement, then Lessor may at its sole option, upon 30 days written notice, forthwith terminate this Lease. Lessee, however, shall have the right to cure any such default, other than non-payment of rent, within that thirty (30) day period. Upon such termination of this Lease, Lessee shall peacefully surrender possession of the leased premises to Lessor, and all rights of Lessee to the leased premises shall cease and desist. SECTION 17. SURRENDER AT END OF TERM. On the last day of the Lease term, whether or not accelerated, Lessee shall peacefully and quietly leave and surrender the leased premises to Lessor, including all improvements added by Lessee, if any, in as good condition as reasonable use and wear thereof will permit. Page 4 of 7 SECTION 18. NOTICES. Any notice or demand provided for herein may be given to Lessor and Lessee to be served by personal service or by ordinary mail, postage prepaid, addressed to Lessor at: Office at the Airport Manager, Cape Girardeau Regional Airport, P.O. Box 617, Cape Girardeau, MO 63702 and to Lessee at US Aviation Academy, Attn: Justin Sykes, CFO, Denton Municipal Airport, 4850 Spartan Drive., Denton TX 76207. Either party may designate in writing, a new address to which any such notice, demand, or communication shall thereafter be given. SECTION 19. WAIVERS. No waiver of any right to re-enter or terminate, by acceptance of rent or otherwise, shall waive any subsequent right to re-enter or terminate for subsequent breaches of any covenant, term or condition of this Lease, nor shall any consent by Lessor to any assignment or subletting of the Leased premises, or any part thereof, waive any of the covenant, terms or conditions of this Lease relating to assignment or subletting. SECTION 20. CONDITIONS OF PREMISES. Lessee acknowledges that it has examined the Leased premises prior to the execution of this Lease agreement and knows of the condition thereof; that no representations as to the condition or state of repair thereof have been made by Lessor other than those expressed herein; and that Lessee accepts the leased premises in their condition "as is" at the beginning of the Lease term. SECTION 21. DEFINITIONS. Whenever the words "Lessor" or "Lessee" are used herein, they shall be construed to include the successors and assigns of the parties, who shall also be bound by the terms of this Lease agreement. SECTION 22. GOVERNING LAW. This agreement shall be governed by the laws of the State of Missouri. SECTION 23. INCLUDED SERVICES. Lessor shall provide parking facilities for use by Lessee's employees and visitors/customers as an integral part of this Lease. SECTION 24. FEDERAL ASSURANCES. Lessee will 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 Part 21 or the Regulations of the Office of the Secretary of Transportation. Lessor reserves the right to take such action as the United States Government may direct to enforce this covenant. This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States, relative to the operation or maintenance of the airport, the execution of which Page 5 of 7 has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport. 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. In the event that facilities are constructed, maintained, or otherwise operated on the property described in the Lease, for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the Lessee shall maintain and operate its facilities and services in compliances with all requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations now exist or as they may from time to time be amended. Lessee, for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) No person on the grounds of race, color creed or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, creed or national origin shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination; (3) The "Lessee" shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. Lessor 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 purchases or as is from time to time allowed through various marketing devices. Page 6 of 7 SECTION 26. PARTIES ABOUND. All of the terms, covenants and conditions herein contained shall be binding upon and shall insure 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 A. Meyer City Manager ATTEST: leiIALei* l:I US ykes, CFO Page 7 of 7 Exhibit A — US Aviation Office and Hangar Lease (Located in Hangar 71) Office Space - 3-10'X15' P.O. Box 617 Cape Girardeau, MO 63702 573-334-6230 Tel 573-334-0499 Fax capeairport.com 1,700 sf of Aircraft Maintenance Space Break Room - 37'X18' Staff: Kelly Green, P.E., City Engineer Agenda: 4/5/2021 SUBJECT A Resolution authorizing the City Manager to enter into an agreement with Nip Kelley Equipment Company, Inc., for the Cypress Road Water Main in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY This project consists of the construction/installation of a water main along Cypress Road and Perryville Road. This proposed main will connect two existing water mains. Nip Kelley Equipment Company, Inc. has agreed to construct the proposed water main and the City is responsible for the total cost of the materials. The City designed the project in-house. BACKGROUND/DISCUSSION The need for this project was identified and placed on the City's 2021 Capital Improvement Program in 2021. FINANCIAL LWACT The estimated cost of the materials is $54,157 with funding from the Capital Improvement Sales Tax. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The new watermain will create a loop in the system and eliminate two dead-end mains which will result in a more resilient water system. STAFF RECOMMENDATION Staff recommends the Council approve a resolution authorizing the City Manager to enter into an agreement with Nip Kelley Equipment Company, Inc., for the Cypress Road Water Main. ATTACHMENTS: Name: Description: ® Agreement.NipKelley_CvnressRd.WaterMain.doc Resolution © Cbnress Road Water Line - A eg nda.pdf Cypress Road Water Main Plan © 20003 Agreement with_Nip Kelley.12df Agreement © Q12ress - KellyCt Water Main Ext - Materials -Only Estimate_Rey. 3-31-21.pdf Materials Estimate BILL NO. 21-45 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NIP KELLEY EQUIPMENT COMPANY, INC., FOR THE CYPRESS ROAD WATER MAIN, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Nip Kelley Equipment Company, Inc., for the Cypress Road Water Main, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF , 2021. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk - — Q G 7 X YL �t r Box LOJ 4 f Li 14 G Construction Key Notes Quantities " Hot Tap and Valve 1 EA FBI ' Cape Municipal Jaycees Golf Course ❑A Hot Tap and Gate Valve B" C-900 DRiB Degree Mer Main 3,4201 EA A LF �B Install Hydrant Assembly and 6" Gate Valve 8" C153 11.25 Degree MJ Band 1 C k ' © Install 8" C-900 DR18 PVC Water Line 8" C153 22.5 Degree MJ Bend 4 EA 8" C153 45 Degree MJ Bend 4 EA O " I ❑D Install 6" M J Gate Valve 8" C153 90 Degree MJ Bend 2 EA [E Install 8" M J. Gate Valve 8 X 6" Lit MJ Retlueer 2 EA 6 One Lok PVC Restraint 2 EA 8 One Lok PVC Restraint 32 EA Install 8"X 6" Red -ex, Y j I Fre Hydrant 6 EA Install 11 25, 22 5 or 45 Degree Bends 6 Anchor Couplings 1 foot length 12 EA 8' X 6" C153 MJ Tee 6 EA Install 90 Degree Bend 6MJ Gaskets 26 EA 8" MJ Gaskets 34 EA i` 0 Install 7" Thick Concrete Patch r6" MJ G te Valve 6 EA * ( G 2 ^per < �j Existing 4 Plastic Oran Pipe 8 MJ Gate Valve 2 EA 3l4 X 4 Cor -ten T -Head Bolts and Nuts 396 EA 8 MJ Sleeve (short) 4 EA Existing Manhole "'4 t •- L Y i ❑K Valve Box w/ Lid 8 EA 1N-'• fR © Existing Sanitary Sewer 12AWG Tracer Wxa(500spools) 7 E 1 Concrete (r thrust blocks) 4.0 Cy Direct tfoSplice Q Existing 6" Gate Valve Granular Bedding and Fill (112" clean) 110 TON Existing 6" Water Line Aggregate Backfill (Type 5) 18 TON CD i N 1 I. dRr a - - �O 7 Concrete Patch for Pavement Cuts 10 CY 8 Existing ng Cart Path Lawn Area and Field Area Seed Silt Fence 2, 280 LB Fort zer (1 2 Acres @ 6001b/Ac) 720 LB Existing Drainage Swale Mulch 2 5 bales/1000 sf X 52 OOOsf 130 BALES xis Wooden Rail Fence e:nervreMsivmma s.w.. ua ," '- ting 1 6 v � � s •• •.. - a,�M (�•ea.rinal aas Dasa. � , c Cypress Road 8" Water Line Extension City of Girardeau Eng neerng Departmentmoot Revisions: Date Scale Project Number q March 17, 2021 1"=80' W21001 i W_ . Cypress Ridge Estates a i Vii: dY' t i Construction Note: Prior to the asphalt overlay of Cypress Road = the 39.0' water line crossing must be built I{NJ and capped. - — Q G 7 X YL �t r Box LOJ 4 f Li 14 G Construction Key Notes Quantities " Hot Tap and Valve 1 EA FBI ' Cape Municipal Jaycees Golf Course ❑A Hot Tap and Gate Valve B" C-900 DRiB Degree Mer Main 3,4201 EA A LF �B Install Hydrant Assembly and 6" Gate Valve 8" C153 11.25 Degree MJ Band 1 C k ' © Install 8" C-900 DR18 PVC Water Line 8" C153 22.5 Degree MJ Bend 4 EA 8" C153 45 Degree MJ Bend 4 EA O " I ❑D Install 6" M J Gate Valve 8" C153 90 Degree MJ Bend 2 EA [E Install 8" M J. Gate Valve 8 X 6" Lit MJ Retlueer 2 EA 6 One Lok PVC Restraint 2 EA 8 One Lok PVC Restraint 32 EA Install 8"X 6" Red -ex, Y j I Fre Hydrant 6 EA Install 11 25, 22 5 or 45 Degree Bends 6 Anchor Couplings 1 foot length 12 EA 8' X 6" C153 MJ Tee 6 EA Install 90 Degree Bend 6MJ Gaskets 26 EA 8" MJ Gaskets 34 EA i` 0 Install 7" Thick Concrete Patch r6" MJ G te Valve 6 EA * ( G 2 ^per < �j Existing 4 Plastic Oran Pipe 8 MJ Gate Valve 2 EA 3l4 X 4 Cor -ten T -Head Bolts and Nuts 396 EA 8 MJ Sleeve (short) 4 EA Existing Manhole "'4 t •- L Y i ❑K Valve Box w/ Lid 8 EA 1N-'• fR © Existing Sanitary Sewer 12AWG Tracer Wxa(500spools) 7 E 1 Concrete (r thrust blocks) 4.0 Cy Direct tfoSplice Q Existing 6" Gate Valve Granular Bedding and Fill (112" clean) 110 TON Existing 6" Water Line Aggregate Backfill (Type 5) 18 TON CD i N 1 I. dRr a - - �O 7 Concrete Patch for Pavement Cuts 10 CY 8 Existing ng Cart Path Lawn Area and Field Area Seed Silt Fence 2, 280 LB Fort zer (1 2 Acres @ 6001b/Ac) 720 LB Existing Drainage Swale Mulch 2 5 bales/1000 sf X 52 OOOsf 130 BALES xis Wooden Rail Fence e:nervreMsivmma s.w.. ua ," '- ting 1 6 v � � s •• •.. - a,�M (�•ea.rinal aas Dasa. � , c Cypress Road 8" Water Line Extension City of Girardeau Eng neerng Departmentmoot Revisions: Date Scale Project Number q March 17, 2021 1"=80' W21001 CITY CAPE GIRARDEAU DEVELOPMENT SERVICES MEMORANDUM OF AGREEMENT BETWEEN NIP KELLEY EQUIPMENT COMPANY, INC AND THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Nip Kelley Equipment Company, Inc. ("Nip Kelley") and the City of Cape Girardeau ("City") desire to construct a water main that will benefit both parties of this Agreement; and WHEREAS, Nip Kelley and the City recognize cost sharing of these improvements is desirable, IT IS AGREED, in consideration of the mutual agreements herein contained and the expenses to be borne by each party, as follows: Proposed Water main 1. Nip Kelley agrees to construct the proposed waterline along Cypress Road (County Road 642) and Perryville Road per the attached plan (Exhibit A) at no cost to the City, providing equipment and labor for construction. 2. The design shall be completed and paid for by the City. The City will be responsible for obtaining all necessary permits. 3. The City will be responsible for the total cost of the materials for the project as shown in attached estimate. 4. The project shall be completed prior to December 31, 2021, unless both parties mutually agree to a different completion date. 5. The City shall accept into the City's system and shall be responsible for maintenance the proposed water main. 6. This agreement does not release Nip Kelley of any regulatory requirements as established by local, state, or federal jurisdictions. (-,anaral 1. The parties hereby designate the following persons as being the persons authorized to act for the parties in connection with the administration of this Agreement: For the City: Scott Meyer City Manager City of Cape Girardeau 4011ndependence Cape Girardeau, MO 63703 401 Independence Street, Cape Girardeau, MO 63703 P: 573.339.6327 F: 573.339.6303 Page 1 of 3 CITY of CAPE GIRARDEAU DEVELOPMENT SERVICES For Nip Kelley: Vince Kelley 41 N. Sprigg Street Cape Girardeau, MO 63701 2. This Agreement constitutes the whole agreement between the parties, and may be changed only by written agreement properly executed by both parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate this day of , 2021. STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU CITY OF CAPE GIRARDEAU, MISSOURI Scott A. Meyer, City Manager } ISS } On this day of , 20_, 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. Notary Public My Commission Expires: 401 Independence Street, Cape Girardeau, MO 63703 Page 2 of 3 P: 573.339.6327 F: 573.339.6303 CITY of CAPE GIRARDEAU DEVELOPMENT SERVICES NIP KELLEY EQUIPMENT COMPANY, INC. Vince Kelley, President STATE OF MISSOURI } ISS COUNTY OF CAPE GIRARDEAU } On this day of , 20_, before me appeared Vince Kelley, to me personally known, who, being by me duly sworn, did say that he is the President of Nip Kelley Equipment Company, Inc., and that the seal affixed to the foregoing instrument is the seal of said Company and that the said instrument was signed and sealed in behalf of said Company and acknowledged said instrument to be the free act and deed of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. Notary Public My Commission Expires: 401 Independence Street, Cape Girardeau, MO 63703 Page 3 of 3 P: 573.339.6327 F: 573.339.6303 Cypress Road Water Main Extension (Materials -Only Estimate for 8" PVC Water Main) by TLR Rev. 03/30/21 Approximate Length = 3,420' Notes: Alliance to install inserta valve at west connection Water Main to be located at back side of ditch along Cypress Road (CR642) Open cut allowed aross CR642 only if work performed prior to WEEK of APRIL 19th Approximate count - needs confirmation 5-1/4" B -84-B-5 American Flow Control, Yellow 12" min. length - 2 per hydrant Approximate count - needs confirmation Approximate count - needs confirmation At locations to be determined by Alliance. If needed or 1 - 2500' & 1- 1000' spool 5x0.1 + 10 x 0.2 + 2 x 0.4 = 3.3 CY use 4.0 CY ((3,400'x 0.33'x 2') /27 + (6cf x6)/27 + ((24'+ 30') x 2'x 2')/27 = approx 92.4 CY @ 1.2 Ton/CY ((24'+ 30') x 2'x 2.5')/27 + ((24'+ 30') x 6'x 0.33')/27 = 14 CY @ 1.3T/CY ((24' + 30') x 8' x 0.58')/27 = 9.3 CY use 10 CY Signs provided by contractor Assumed 60% of length or contractor can substitute with ditch checks Golf course staff has agreed to seed/ fertilize/mulch affected areas on golf course 0.7 Ac x 1201 b/Ac Not needed Everywhere except mowed areas on golf course Everywhere except mowed areas on golf course Not presently known but will be reimbursed by City Quantity Unit Cost 8" C-900 DR18 PVC Water Main 3,420 LF $8.00 $27,360.00 8" C153 11.250 MJ Bend 1 EACH $130.00 $130.00 8" C153 22.50 MJ Bend 4 EACH $150.00 $600.00 8" C153 45° MJ Bend 4 EACH $170.00 $680.00 8" C153 90° MJ Bend 2 EACH $200.00 $400.00 8" x 6" C153 MJ Reducer 2 EACH $100.00 $200.00 6" One -Lok PVC Restraint 2 EACH $45.00 $90.00 8" One -Lok PVC Restraint 32 EACH $60.00 $1,920.00 Hydrant 6 EACH $1,750.00 $10,500.00 6" Anchor Couplings 1 -foot length 12 EACH $80.00 $960.00 8" x 6" C153MJ Tee 6 EACH $200.00 $1,200.00 6" MJ Gaskets 26 EACH $4.00 $104.00 8" MJ Gaskets 34 EACH $5.00 $170.00 3/4"x 4" Cor -ten T -Head Bolts & Nuts 396 EACH $1.30 $514.80 6" MJ Gate Valve 6 EACH $485.00 $2,910.00 8" MJ Gate Valve 2 EACH $750.00 $1,500.00 8" MJ Sleeve (short) 4 EA $120.00 $480.00 Valve Box w/ Lid 8 EA $30.00 $240.00 12 AWG Tracer Wire (500' spools) 7 EA $65.00 $455.00 3M Direct Bury Splice kit 6 EA $4.10 $24.60 Concrete (for thrust blocks) 4.0 CY $100.00 $400.00 Granular Bedding & Fill (1/2" clean) 110 TON $8.00 $880.00 Aggregate Backfill (Type 5) 18 TON $8.00 $144.00 7" Concrete Patch for Pavement Cuts 10 CY $100.00 $1,000.00 Traffic control (sign rental) 0 SF $0.00 $0.00 Silt Fence 2,000 LF $0.25 $500.00 Lawn Area Seed 0 LBS $3.00 $0.00 Field Area Seed 100 LBS $2.00 $200.00 Sod 0 SY $0.00 $0.00 Fertilizer (0.7 Ac @ 600 Ib/Ac) 420.0 LB $0.30 $126.00 Mulch (2.5 bales/1000 sf X 31,000 sf) 78.0 Bales $6.00 $468.00 Sub Total $54,156.40 Freight $0.00 Total $54,156.40 Notes: Alliance to install inserta valve at west connection Water Main to be located at back side of ditch along Cypress Road (CR642) Open cut allowed aross CR642 only if work performed prior to WEEK of APRIL 19th Approximate count - needs confirmation 5-1/4" B -84-B-5 American Flow Control, Yellow 12" min. length - 2 per hydrant Approximate count - needs confirmation Approximate count - needs confirmation At locations to be determined by Alliance. If needed or 1 - 2500' & 1- 1000' spool 5x0.1 + 10 x 0.2 + 2 x 0.4 = 3.3 CY use 4.0 CY ((3,400'x 0.33'x 2') /27 + (6cf x6)/27 + ((24'+ 30') x 2'x 2')/27 = approx 92.4 CY @ 1.2 Ton/CY ((24'+ 30') x 2'x 2.5')/27 + ((24'+ 30') x 6'x 0.33')/27 = 14 CY @ 1.3T/CY ((24' + 30') x 8' x 0.58')/27 = 9.3 CY use 10 CY Signs provided by contractor Assumed 60% of length or contractor can substitute with ditch checks Golf course staff has agreed to seed/ fertilize/mulch affected areas on golf course 0.7 Ac x 1201 b/Ac Not needed Everywhere except mowed areas on golf course Everywhere except mowed areas on golf course Not presently known but will be reimbursed by City Staff: Molly Mehner, AICP, ICMA-CM, Deputy City Manager Agenda: 4/5/2021 SUBJECT A Resolution authorizing the City Manager to execute a Contract for Services between the City of Cape Girardeau, Missouri, and Old Town Cape, Inc. EXECUTIVE SUMMARY The City's annual contract with Old Town Cape ends June 30th, 2021. The existing contract includes implementation assistance for the Downtown Strategic Plan update which was adopted by Council in November of 2017. In addition, Old Town Cape provides leadership for downtown revitalization. Continued assistance from Old Town Cape is needed to continue the successful and timely implementation of the City's Plan. BACKGROUND/DISCUSSION Old Town Cape continues to propel downtown Cape Girardeau forward on several fronts. Its leadership in several areas is transforming the perception of downtown by providing services as shown in the contract attachment. FINANCIAL EWACT The contract reflects previous years' discussion of utilizing riverfront development funds for Old Town Cape funding. The contract amount equals 30% of the estimated riverfront fund revenues for the operations of Old Town Cape. The funding is included in the City's 2021/2022 budget. Old Town Cape has requested a multi-year contract to allow better financial planning. Old Town Cape runs on a calendar year budget cycle whereas the City is on a July 1 -June 30 budget cycle. A multi-year contract will provide Old Town Cape with more funding reliability and the ability to plan more effectively. A three year contract period is proposed. This is the same length as the previous contract with the City. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Old Town Cape contributes to the economic vitality of downtown Cape Girardeau by assisting with the attraction of new businesses and jobs. Old Town Cape also organizes and supports numerous events such as Tunes at Twilight and the Cape Riverfront Market which contributes to the City's overall quality of life. Old Town Cape also provides administrative support to the downtown Community Improvement District which focuses on a safe and vibrant downtown. STAFF RECOMMENDATION Staff recommends the City Council approve the Resolution authorizing the City Manager to execute a Contract for Services between the City of Cape Girardeau, Missouri, and Old Town Cape, Inc. ATTACHMENTS: Name: Description: D Old Town We Contract for Services.doc Resolution D OTC Contract 2021 2024.ndf OTC Contract for Services D 2021 OTC Services for City of We Annendixpdf Appendix to Contract for Services BILL NO. 21-46 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR SERVICES BETWEEN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND OLD TOWN CAPE, INC. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Contract for Services between the City of Cape Girardeau, Missouri, and Old Town Cape, Inc. 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 , 2021. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk City of Cape Girardeau and Old Town Cape, Inc. Contract for Services The City of Cape Girardeau, Missouri, hereby agrees to pay Old Town Cape, Inc. each year for three (3) consecutive years commencing on July 1, 2021, the sum equal to thirty percent (30%) of the total amount estimated to be put in to the Riverfront Fund by the IOC -Cape Girardeau LLC and the City of Cape Girardeau to coordinate Cape Girardeau's downtown revitalization efforts — subject to annual budget appropriation by City Council. Revitalization activities include providing design assistance to property owners, managing business retention and recruitment activities, promoting a positive image for downtown and conducting special events. As part of its activities, Old Town Cape will, on an annual basis, serve as primary sponsor/organizer of at least three (3) special events and assist a minimum of three (3) new businesses in locating in the Old Town Cape district. Other services related to downtown revitalization may be provided by Old Town Cape in an on-going and "as requested" basis. In addition, Old Town Cape will assist in implementation of the City of Cape Girardeau's updated Downtown Strategic Plan adopted by the Cape Girardeau City Council in November of 2017. Examples of services to be provided by Old Town Cape are listed on the appendix attached. Old Town Cape will, on an annual basis, provide a report to the City Council on its progress in achieving these objectives. Such report will include net new businesses and jobs, number of building renovations, public and private reinvestment statistics occurring in the downtown, and progress on its assistance to the City on the implementation of the Downtown Strategic Plan. The City Manager, or his or her designee, will serve as a voting member of the Old Town Cape Board of Directors. The Council Representative whose ward contains a majority of the Old Town Cape district will serve as ex officio to the Old Town Cape Board of Directors to help ensure communication and compliance. The term of this contract is for a period of three (3) years, commencing on July 1, 2021, and ending on June 30, 2024. CITY OF CAPE GIRARDEAU, MISSOURI Scott A. Meyer, City Manager Date Attest: Bruce Taylor, Deputy City Clerk OLD TOWN CAPE, INC. Doc Cain, President Date Attest: Appendix Examples of Services to be provided by Old Town Cape, Inc. Old Town Cape, Inc. operates within the 4 Point Main Street Approach to Revitalization (Economic Vitality, Design, Promotion and Organization) and under such model may provide the following services in alignment with City Goals: ENHANCE REGIONAL POSITION IN ECONOMIC DEVELOPMENT and IMPROVE NEIGHBORHOODS Business Climate Improvement o Review, manage and help implement incentives that encourage downtown development (TIF, CID and other development tools) o Direct and indirect business retention activities to support existing downtown business o Work with potential business to make sure they understand city processes o Facilitate bi-monthly Merchant Meet -ups in which we determine how to best serve our downtown merchants, provide for a networking opportunity, and allow an opportunity for OTC to share relevant updates o Send weekly merchant email highlighting important dates, events, small business tips, best practices, development, and other pertinent information Infrastructure and Transportation o Liaison for planning, implementation and support of downtown projects Downtown Improvement o Assist with implementation of the Downtown Strategic Plan that calls for: o Encouragement and direct facilitation of redevelopment projects o Partnership with University on downtown projects o Enhanced downtown pedestrian experience o Improved public spaces of downtown o More public amenities o Development of downtown gateways o Facilitate activities of Downtown Development Team o Encourage redevelopment of properties and new business through assistance and direct discussions o Provide additional business/ development recruitment resources o Plan beautification activities and projects o Manage beautification projects as planned by the Downtown Community Improvement District o Promote Historic Preservation o Promote development of appropriate downtown living o Manage and plan Downtown CID initiatives o Liaison for clean initiatives such as alley clean ups, trash issues, etc. Tourism o Build a positive image and awareness of downtown o Management of downtown website and social media (downtown brand manager) o Management of downtown promotional materials o Host a website that promotes downtown and raises awareness of places, activities, and stories o Facilitate weekly email newsletters to the community highlighting upcoming events and activities o Produce and distribute Downtown Guide, which includes a Business Directory o Maintain Downtown Kiosks and include engaging content regarding downtown events and activities o Downtown CID funded advertisement, marketing, and promotion o Promoting and providing activities downtown: o Cape Riverfront Market o Tunes at Twilight o Manifolds on Main Classic Car Show o Monster Mash Car Bash o Small Business Saturday activities o Christmas Tree Lighting o Parade of Lights o Outdoor Holiday Bazaar o Downtown Open House o Helping manage additional downtown event opportunities such as parades and special events o Active Member of the Public Art Committee IMPROVE SAFETY AND HEALTH OF COMMUNITY o Manage Downtown CID activities that improve safety o Pedestrian Police Patrols o Additional security cameras o Liaison with police for downtown safety issues and concerns ENHANCE AND MAINTAIN FISCAL STEWARDSHIP AND STREAMLINE CITIZEN AND BUSINESS INTERACTION o Downtown liaison for city processes, committees, questions, and concerns o Liaison for Downtown Community Improvement District o Liaison for Downtown Business District o Manage and develop volunteers to support and expand services currently provided o Advocate for additional financial resources for City improvements and activities such as grants and additional fundraising activities Staff: Ryan Shrimplin, AICP - City Agenda: Planner4/5/2021 SUBJECT Approval of the transfer of ownership of the special use permit for 3451 and 3457 William Street from AB Commercial Properties, LLC to Boing US Holdco, Inc. EXECUTIVE SUMMARY AB Commercial Properties, LLC has submitted a letter requesting transfer of ownership of its special use permit for a vehicle washing facility at 3451 and 3457 William Street to Boing US Holdco, Inc. Staff recommends approval of the transfer, by motion. BACKGROUND/DISCUSSION On August 23, 2017, the City granted a special use permit to AB Commercial Properties, LLC for the purposes of constructing, maintaining, and operating a vehicle washing facility on the property at 3451 and 3457 William Street. The vehicle washing facility has since been constructed and is now operational. AB Commercial Properties, LLC recently entered into a contract to sell the property to Boing US Holdco, Inc. Subsequently, AB Commercial Properties, LLC has submitted a letter requesting transfer of the ownership of the special use permit to Boing US Holdco, Inc. Per the letter, Boing US Holdco, Inc. will maintain operation of the vehicle washing facility. The letter and the special use permit are attached, along with a map. (Note: the 3457 William Street address was deactivated when the building permit application was submitted for the vehicle washing facility. This is why the letter only references 3451 William Street.) STAFF RECOMMENDATION Staff recommends approval of the transfer, by motion. ATTACHMENTS: Name: Description: ❑ 081624.PDF 3451 & 3457 William Street - Special Use Permit Transfer Request Letter ❑ Recorded�SUP.pdf 3451 & 3457 William Street - Special Use Permit ❑ Map -_3451 3457QWilliam Street - SUPeTransfenpdf 3451 & 3457 William Street - Map March 24, 2021 Ryan Shrimplin City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 RE: Transfer of Special Use Permit for Property at 3451 William Street Dear Mr. Shrimplin: AB Commercial Properties, LLC hereby requests that the Special Use Permit that was granted to it on August 23, 2017 for the property described above be transferred to: Boing US Holdco, Inc. AB Commercial Properties, LLC has entered into a contract to sell the above mentioned property to Boing US Holdco, Inc. The Buyer, Boing US Holdco, Inc., will take possession of both the operating business and the real estate upon Closing. The real estate will subsequently be assigned to a 3rd party investor, either an institutional REIT or a 1031 buyer, which Boing US Holdco, Inc. will enter into a long term, 15+ year triple -net lease with. Boing US Holdco, Inc. ("Boing") will maintain operation of the car wash from the Closing date onward, and will maintain responsibility for paying rent, real estate taxes, building insurance, utilities and maintenance in accordance with typical triple -net leases. Boing is owned by Driven Brands, a publicly traded company. Boing houses Driven's other 220+ operating car washes, and routinely sells real estate in the triple -net market as a financing vehicle for further growth. Detail on Driven Brands is included below. Driven BrandsTM, headquartered in Charlotte, NC, is the largest automotive services company in North America, providing a range of consumer and commercial automotive needs, including paint, collision, glass, vehicle repair, oil change, maintenance and car wash. Driven Brands is the parent company of some of North America's leading automotive service businesses including Take 5 Oil Change®, Meineke Car Care CentersO, Maaco®,1-800-Radiator & A/C®, and CARSTAR®. Driven Brands has more than 4,200 centers across 15 countries, and services over 50 million vehicles annually. Driven Brands' network generates more than $900 million in revenue from more than $3 billion in system -wide sales. If you have any questions please do not hesitate to contact us. Sincerely, AB Commercial Properties, LLC Bradley Schlosser, Member Aaron S. o drey, Member Title of Document: Date of Document: 1�••� Sr.u::rnnnv� _��� IDEA RECORDER OF DEEDS COVER PAGE Special Use Permit August 23, 2017 Grantor(s) Name &Address: City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 Grantee(s) Name &Address: AB Commercial Properties 115 Wickerwood Sikeston, MO 63801 8 1 & 4 9 2 8 Tx: 4106180 DOCUMENT 2012-09896 ANDREW DAVID BLATTNER RECORDER OF DEEDS CAPE GIRARDEAU COUNTY MO RECORDED ON 08/31/201.7 1.:43:54 RM REC FEE: 33.00 PAGES: 4 Legal Description: See Page 1 of Special Use Permit Document Reference Book & Page, if Required: SPEC AL USE PERMIT AB Commercial Properties, LLC is hereby granted a Special Use Permit for the purposes of constructing, maintaining, and operating a vehicle washing facility at 3451 and 3457 William Street, in the City and County of Cape Girardeau, Missouri, on the following described property for an indefinite period of time: PART OF LOT 02 OF COMMISSIONER'S PLAT OF SUBDIVISION OF U . S . P . S . 3 0 9 0 , TOWNSHIP 30 NORTH, RANGE 13 EAST IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI CONTAINING 0.453 ACRE (MORE OR LESS), DESCRIBED AS FOLLOWS: COMMENCING at the southwest corner Lot 12 of Cape West Second Subdivision (1/2" iron rod) ; thence N 05' 44' 09" E along the West Line of said Lot 12, 48.93 feet for the POINT OF BEGINNING; thence N 84' 59' 22" W, 119.68 feet; thence N 06° 19' 03" E, 164.64 feet to a point in the South Right of Way Line of Missouri Route K; thence S 860 14' 18" E along said South Right of Way Line, 118.07 feet to the northwest corner of said Lot 12; thence S 05° 44' 09" W along the West Line of said Lot 12, 167.18 feet to the POINT OF BEGINNING. PART OF LOT 02 OF COMMISSIONER'S PLAT OF SUBDIVISION OF U . S . P . S . 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI CONTAINING 1.160 ACRES (MORE OR LESS) , DESCRIBED AS FOLLOWS: COMMENCING at the southwest corner Lot 12 of Cape West Second Subdivision (1/2" iron rod) ; thence N 05' 44' 09y` E along the West Line of said Lot 12, 48.93 feet; thence N 840 59' 22" W, 119.68 feet for the POINT OF BEGINNING; thence N 83' 47' 21" W, 312.11 feet; thence N 07' 27' 03" E, 1-50.46 feet to a point in the South Right of Tray Line of Missouri Route K; thence S 81° 32` 04" E along said South Right of Way Line, 9.80 feet; thence N 08' 27' 56y' E along said South Right of Way Line, 15.00 feet; thence S 82' 33' 18" E along said South Right of Way Line, 110 . 7 9 f e e t t o the Point o f Curve of a curve to the Left having a radius of 2924.93 feet; thence southeasterly along the arc of said curve and said South Right of Way Line, 188.06 feet (chord = S 84 ° 23' 49" E 188.03 feet) to the Point of Tangent; thence departing said South Right of Way Line going S 0 6 ° 191 03" W, 164. 64 feet to the POINT OF BEGINNING. This Special Use Permit is granted upon th-e condition that the Applicant be bound by all City ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicant to comply with these special conditions, the Special Use Permit will automatically terminate and the City shall have the right to enter upon the land to abate such special use. SPECIAL CONDITIONS: 1. This special use shall meet all applicable requirements of the Zoning and Development Codes except for the variances and exceptions granted herein. 2. Major modifications to this special use, including but not limited to the site plan, shall require the approval of the City Council. 3. This permit shall automatically expire twelve (12) months from the date of issuance if the use for which it was granted has not commenced. 4. This permit is not transferable without the consent of the City Council. S. This permit only covers Phase 1 as described in the application. 6. The applicant shall obtain all required permits and approvals from the Missouri Department of Transportation (MoDOT) for the proposed driveway and street improvements. 7. Prior to issuance of the building permit, a record plat shall be submitted that combines both tracts into a single lot. 8. The site plan shall be revised to show the building, including the canopy, completely out of the required setbacks . If this is not feasible, the applicant shall submit a separate application for a variance. 9. Canopy light fixtures shall have a flush or recessed lens. 10. Rooftop mechanical equipment shall be screened on all sides. 11. The aggregate area of all wall signs for the building shall not exceed the maximum wall sign area per the City's sign regulations. 12. Except for the sign exception noted above, signage is not approved as part of this permit. A sign permit application shall be submitted separately Commission # 12394196 for the proposed signs. .IN Tip-1TNES.S. , WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signa this. r. day of ALI " 421 r' 2017. Scott A. M ATTEST: race Taylo , Deputy City Clerk nager Of STATE OF MISSOURI / COUNTY OF CAPE GIRARDEAU } is)N;rd da of 2017, before me a eared On thy appeared Scott A. Meyer, to me perc,-onEIlly 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 m -v office in Cape Girardeau, Missouri, the day and vear first above written. My Commission Expires: S *oLancastt_er- , Notary Public f0 10SNONDA LANCASTER -, �• my Commission Expires NOTARY = February 23, 2420 . SEAL Scott County .Vol. OF MSS �' Commission # 12394196 Special Use Permit Transfer Request 3451 & 3457 William Street Request to Transfer Special Use Permit for a Vehicle Washing Facility STA 3451 Ik �.' 3437 s r R 3441 B a O 11 1 CITY Of CAPE G I R A R D E A U Created by: Planning Services April 2021 A N W+ + E S F� IR #611144 Its AL r a L %IIL Irv, rd Legend Property Lines Subject Property Staff: Ryan Shrimplin, AICP - City Agenda: Planner4/5/2021 SUBJECT An Ordinance approving the record plat of Cypress Grove Subdivision. EXECUTIVE SUMMARY The attached ordinance approves a record plat for a two -lot subdivision at 447 Edgewood Road. BACKGROUND/DISCUSSION A record plat has been submitted for Cypress Grove Subdivision, located at 447 Edgewood Road. The property is zoned R-1 (Single -Family Suburban Residential). The plat subdivides a lot to form two new lots. The plat shows an exception for the omission of the required 10 foot utility easement along the rear line of Lot #1. Staff supports the exception because there are no existing or proposed utility mains in the area where the easement is required. In addition to the exception, the plat shows a variance for reduced lot width for Lot #2 along Edgewood Road. Staff supports the variance because the lot is designed to accommodate a house in the rear portion, which is much wider than the front portion and exceeds the minimum lot width. The front portion does have the minimum width required for fire department access (20 feet). 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 March 10, 2021 meeting, recommended approval of the record plat with a vote of 6 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: Description: © Record Plat -Cypress Grove Subdivision.doc Ordinance D Staff Review -Referral -Action FgmVdf Cypress Grose Subdi\ision - Staff RRA Form D Maw- Cypress Grove Subdivision.pdf Cypress Grose SubdiNsion - Map D Application-- Cypress Grove Subdivision=. df Cypress Grote SubdiNsion - Application D CYPRESS GROVE SUB mRMSIONS.pdf Cypress Gro\e SubdiNsion - Record Plat BILL NO. 21-47 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF CYPRESS GROVE SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Cypress Grove Subdivision, being part of Lot numbered Two (2) of Rodney 400-Arpen tract in U.S.P. Survey #2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, in the City of Cape Girardeau, County of Cape Girardeau, State of Missouri, submitted by Jeremy Pincosy and Joanna Pincosy, bearing the certification of Scott A. Richards, a Registered Land Surveyor, dated the 20th day of January, 2021, 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 , 2021. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Cypress Grove Subdivision LOCATION: 447 Edgewood Road STAFF REVIEW & COMMENTS: A record plat has been submitted to create a two (2) lot subdivision at 447 Edgewood Road. SEE STAFF REPORT FOR MORE DETAILS. City Plarfifer 61 2-&( Uzi Date City ANfWey Date 7TY RECOMMENDED ACTION: 'AND ZONING COMMT Planning & Zoning Commission COMMENTS: CITIZENS COMMENTING AT MEETING: Ordinance 1 S` Reading Date Favor Oppose Fav Oppose Abstain ❑ Scott Blank y ❑ ❑ Melissa Stickel Kevin Greaser ❑ Ll LlEd Thompson Derek Jackson Er ❑ ❑ Sid Whittington Patrick Koetting ❑ ❑ ❑ Deborah Young ❑ ❑ ❑ VOTE COUNT: LFavor Oppose COMMENTS: CITIZENS COMMENTING AT MEETING: Ordinance 1 S` Reading Date Favor Oppose Abstain @-,,, ❑ ❑ ❑ ❑ Ll Lj p' ❑ ❑ Abstain Patrick Koetting Planning & Zoning Commission Secretary City Council Action Ordinance 2nd & 3rd Reading: ORDINANCE # Effective Date: CYPRESS GROVE SUBDIVISION 338 .e 67 rr p -� F .F 356 `eco \ O 441 2618 0 2624 P l\ Q, 2623 2631 � . -. • _ �� °�'`� , 2 \tom. �•: {{ -� 7 2�" CITYOf CAPE �* R. 2707 G I R A R D E A U �.: Created by: Development Services Carol Peters Legend February 10, 2021 Cypress Grove Subdivision Parcels 2716 2712 0 50 100 200 Feet I I I I I I I I I 2700 " 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_ Cypress Grove 0 Record ❑ Preliminary ❑ Boundary Adjustment Applicant Property Owner of Record (if other than Applicant) Jeremy Pincos and Joanna Pincos Mailing Address City, State, Zip 1 -Jeremy Mailing Address City, State, Zip 220 Independence St. Unit A 220 Independence St. Unit A Cape Girardeau, MO 6370; Cape Girardeau, MO 63703 Telephone Email Telephone Email 573-271-3693 incos construction mail.com 573-271-3693 incos construction mail.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) Richards Land Surveying Mailing Address City, State, Zip Mailing Address City, State, Zip 1813 Greenbrier Drive Cape Girardeau, MO 63701 Telephone Email Telephone Email 573-339-7473 Hsu charter.net 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 cityplanning ancityofcape.ora) ✓ 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 noXied theProp Owner(s) of Record and the developer of these requirements. f ,Z --lere"Idd rmlei 1-19-2021 App/ant Si at re and Krinted Name Date OFFICE USE ONLY Date Received & By 1 �� File # MUNIS Application #. i 1 MUNIS Permit # Review Fee Received $ Recording Fee Received $ ❑ Check # ❑ Credit Card ❑ Cash Preliminary and Record Plats: Planning & Zoning Commission Recommendation Date City Council Final Action Date Revised 7/15/2020 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. CYPRESS GROVE 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 El ❑ Border - rectangular, solid line(s) O ❑ Title block - include name, address, and phone number of consultant preparing the plat; include box for original issue date and at least 3 revision issue dates ❑✓ ❑ Sheet number, if plat consists of more than one sheet 0 ❑ Plat title - located at the top of the sheet, preferably centered; begin with "RECORD PLAT"; name cannot be a duplicate of an existing subdivision in the county or begin with "A RESUBDIVISION OF" D ❑ Description beneath plat title -, if existing platted lots are involved, begin with "ALL OF" or "PART OF" as applicable; include Block Number if applicable; include Book and Page or Document Number of existing plat; include vacated right-of-way/alley if applicable; end with "IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI" 0 ❑ References list all deeds, plats, separate easement instruments, etc. used in preparing the plat; include Book and Page or Document Number for each, if recorded 0 ❑ North arrow with basis of bearings 0 ❑ Graphic scale -1:100 or less; must be a multiple of 10 0 ❑ Vicinity map - lines only (no images); all nearby streets and major streets labeled; site labeled; include North arrow and "NTS" or "NOT TO SCALE" 0 ❑ Legend - list found monuments first, followed by set monuments, followed by: "SUBDIVISION BOUNDARY LINE", "NEW LOT LINE" and/or "LOT LINE TO BE ELIMINATED" as applicable, "EXISTING EASEMENT LINE" and/or "NEW EASEMENT LINE" as applicable, "BUILDING SETBACK LINE", "ADJACENT PROPERTY LINE", "RIGHT-OF-WAY LINE", "CENTERLINE", other symbols as applicable 0 ❑ Curve table and/or line table, if necessary - include unit symbols for distances/lengths 0 ❑ Subdivision boundary and internal lines accurately drawn and labeled with bearing and distance or referenced to curve table/line table 0 ❑ Section/township/range lines accurately drawn and labeled 0 ❑ Adjacent parcel lines accurately drawn 0 ❑ Subdivision boundary and internal lots checked for closure 0 ❑ Each proposed lot labeled with lot number and area expressed in square feet and acres 0 ❑ All parcels within and adjacent to the subdivision boundary labeled with record owner name and Book and Page or Document Number for deed 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 El ❑ All rights-of-way within and adjacent to the subdivision boundary labeled with street name (or labeled as alley if applicable) and right-of-way width 0 ❑ All private streets within and adjacent to the subdivision boundary labeled with street name followed by "(PRIVATE STREET)" and shown within an access easement (50 foot easement width if new) 0 ❑ Notes: • Zoning - include zoning district name, minimum lot area, minimum lot width, maximum density if applicable, and setbacks; if zoning district has different standards based on Land use type, include all standards and state the proposed use type(s) • Lot - include total number of lots, largest lot area, smallest lot area, and total subdivision area; include proposed density (for residential subdivisions) Revised 12/06/2019 MINIMUM REQUIREMENTS FOR RECORD PLATS (CONTINUED) • Variance, if applicable -begin with "A VARIANCE IS SHOWN FOR" followed by "A REDUCED LOT AREA FOR LOT2, "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 0 ❑ Subdivision Dedication: • Begin with "THE UNDERSIGNED," followed by the owner name(s) as stated in the current deed(s); include "HUSBAND AND WIFE," if applicable; include "A [insert state name] LIMITED LIABILITY COMPANY," or "A [insert state name] CORPORATION," if applicable; followed by "OWNER OF" or "OWNERS OF" and a description matching the description beneath the plat title, followed by "CONTAINING SQUARE FEET ( ACRES), MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:"; followed by a legal description of the total subdivision area; followed by "HEREBY SUBDIVIDE" or "HEREBY SUBDIVIDES"; followed by "SAID TRACT INTO AS SHOWN HEREON, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS HEREBY NAMED " • New right-of-way and/or easements - use standard language 0 ❑ Legal description checked against drawing for congruence 0 ❑ 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 El ❑ County Recorder of Deeds' certification - use standard block 0 ❑ Surveyor's certification block Revised 12/06/2019 MAIN REFERENCE SOURCE IS: JEREMY & JOANNA PINCOSY, LOCATED IN DOCUMENT #2020-09637 OF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI SUBDIVISION DEDICATION RECORD PLAT CYPRESS GROVE SUBDIVISION THE UNDERSIGNED, JEREMY AND JOANNA PINCOSY, HUSBAND AND WIFE, THE OWNERS OF PART OF LOT NUMBERED TWO (2) OF RODNEY 400—ARPEN TRACT IN U.S.P. SURVEY #2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF CAPE GIRARDEAU, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, CONTAINING 49,147 SQUARE FEET (1.128 ACRES) BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" Iron Rod at the Southeast Corner of Document #2020-09637 of the Land Records of Cape Girardeau County, Missouri, said 1/2" Iron Rod also being located on the Southwesterly Right—of—Way Line of Edgewood Road and on the Northerly Line of an existing Alley; thence departing from said Right—of—Way, and along said North Line of said Alley, S.64.37'15"W., a distance of 481.70 feet to a 1/2" Iron Rod; thence N.33.20'44"W., a distance of 61.00 feet to a 1/2" Iron Rod; thence N.70.31'35"W., a distance of 56.00 feet to a 1/2" Iron Rod; thence N.64°38'00"E., a distance of 523.43 feet to a 1/2" Iron Rod on said Southwesterly Right—of—Way; thence S.29°03'50"E., along said Right—of—Way, a distance of 100.00 feet to the POINT OF BEGINNING. Containing 1.128 acres, more or less, in Cape Girardeau, Missouri. As per Survey by Scott A. Richards, Professional Land Surveyor #2359, dated January of 2021. HEREBY DECLARE THAT WE HAVE CAUSED SAID LAND TO BE SUBDIVIDED INTO LOTS AS NUMBERED AND DESIGNATED ON THIS PLAT, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS HEREBY NAMED "CYPRESS GROVE SUBDIVISION". THE UTILITY EASEMENTS SHOWN HEREON ARE HEREBY GRANTED TO THE CITY OF CAPE GIRARDEAU, MISSOURI IN PERPETUITY FOR PUBLIC PURPOSES, INCLUDING THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF CITY WATER AND SEWER SYSTEMS, AND AS MAY BE AUTHORIZED BY THE CITY OF CAPE GIRARDEAU, MISSOURI TO BE USED BY A PUBLIC OR PRIVATE UTILITY PROVIDER FOR PURPOSES RELATED TO THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT AND EXPANSION OF SUCH UTILITY SYSTEMS. THE ACCESS EASEMENT SHOWN HEREON IS HEREBY ESTABLISHED AS A NON—EXCLUSIVE EASEMENT FOR THE USE AND BENEFIT OF THE CURRENT AND FUTURE OWNERS OF LOT #1 AND THEIR RESPECTIVE TENANTS AND INVITEES, FOR THE SOLE PURPOSE OF PROVIDING INGRESS AND EGRESS BETWEEN LOT #1 AND EDGEWOOD ROAD. IN WITNESS WHEREOF, SIGNED THIS ----- DAY OF -------------, 20-- A.D. JEREMY PINCOSY STATE OF MISSOURI COUNTY OF JOANNA PINCOSY PART OF LOT NUMBERED TWO (2) OF RODNEY 400-ARPEN TRACT IN U.S.P. SURVEY #2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF CAPE GIRARDEAU, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI PLAT PREPARED BY AND LAND SURVEYING PROVIDED BY RICHARDS LAND SURVEYING (RICHARDS LAND SURVEYING L.L.C.) 1813 GREENBRIER DRIVE CAPE GIRARDEAU, MISSOURI 63701 (573) 339-7473 NOTE #'1: AN EXCEPTION IS SHOWN FOR THE OMISSION OF THE REQUIRED 10 FT. UTILITY EASEMENT ALONG THE REAR LINE OF LOT #1. NOTE #2: A VARIANCE IS SHOWN FOR A REDUCED LOT WIDTH FOR LOT #2 ALONG EDGEWOOD ROAD. FOR: JEREMY & JOANNA PINCOSY CAPE GIRARDEAU, MISSOURI ASO � O 1z �p Off` SOUTHWESTERLY �J \� Ir� RIGHT—OF—WAY LINE ° �Q FLOODPLAIN INFORMATION SUBJECT PROPERTY LIES IN ZONE "X", AN NEW ACCE55 EASEMENT 30' S.B.L. AREA DETERMINED TO BE OUTSIDE OF THE UTILITY EA5EMENT 0.20% ANNUAL FLOOD PLAIN AS SHOWN ON 5•� o FLOOD INSURANCE RATE MAP, COMMUNITY ,,�,% 6' S.B.L. J' PANEL NO. 29031 CO266E, WHICH BEARS AN �Q` "00 �6°J �, �� �� � EFFECTIVE DATE OF SEPTEMBER 28TH, 2011. 0�,��� g.0� �� E LOT #1 6 S. B. L. i BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED JEREMY AND JOANNA PINCOSY, HUSBAND AND WIFE, WHO, BEING BY ME DULY SWORN, DID SAY THAT THEY ARE THE PERSONS DESCRIBED HEREIN AND THAT THEY EXECUTED THE WITHIN RECORD PLAT ON THEIR BEHALF, AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME FOR THE PURPOSES THEREIN STATED AS THEIR FREE ACT AND DEED. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL IN THE COUNTY AND STATE AFORESAID, THE DATE FIRST ABOVE WRITTEN. NOTARY PUBLIC MY COMMISSION EXPIRES:_______________ I, _ ____ CITY CLERK OF THE CITY OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI BY ORDINANCE NO. ------ PASSED AND APPROVED THIS ------ DAY OF ------------, 20-- A.D. CITY CLERK OF THE CITY OF CAPE GIRARDEAU, MISSOURI VICINITY MAP NOT TO SCALE W m Op PN 2 vi PROJECT AREA <2 �OMF�E1� Ft0 16 REFERENCES NO O 00.421 AC. � ��' .\N6�•�$ 18 352 Sa Ft FOUND I/2�� IRON ROD AT THE OOGv�a �sJ 6' S.B.L. NORTHWEST CORNER OF �2 DOCUMENT #2015-11252 OF 1-0�ar,. THE LAND RECORDS OF CAPE w0� o� GIRARDEAU COUNTY, M1550URI 6' S.B.L. co •� ��� ' •�� oo LOT #2 6' S.B.L. 0.707 AC. DOCUMENT #2020-09637 LINE TABLE (MAIN REF.) LINE LENGTH BEARING L1 61.00 S33020'44"E L2 56.00 N70031'35"W L3 100.00 S29003'50"E L4 20.00 S29°03'50"E L5 80.00 S29003'50"E L6 26.99 N70031'35"W L7 19.96 N25022'00"W PLAT PREPARED BY AND LAND SURVEYING PROVIDED BY RICHARDS LAND SURVEYING (RICHARDS LAND SURVEYING L.L.C.) 1813 GREENBRIER DRIVE CAPE GIRARDEAU, MISSOURI 63701 (573) 339-7473 NOTE #'1: AN EXCEPTION IS SHOWN FOR THE OMISSION OF THE REQUIRED 10 FT. UTILITY EASEMENT ALONG THE REAR LINE OF LOT #1. NOTE #2: A VARIANCE IS SHOWN FOR A REDUCED LOT WIDTH FOR LOT #2 ALONG EDGEWOOD ROAD. FOR: JEREMY & JOANNA PINCOSY CAPE GIRARDEAU, MISSOURI ASO � O 1z �p Off` SOUTHWESTERLY �J \� Ir� RIGHT—OF—WAY LINE ° �Q FLOODPLAIN INFORMATION SUBJECT PROPERTY LIES IN ZONE "X", AN NEW ACCE55 EASEMENT 30' S.B.L. AREA DETERMINED TO BE OUTSIDE OF THE UTILITY EA5EMENT 0.20% ANNUAL FLOOD PLAIN AS SHOWN ON 5•� o FLOOD INSURANCE RATE MAP, COMMUNITY ,,�,% 6' S.B.L. J' PANEL NO. 29031 CO266E, WHICH BEARS AN �Q` "00 �6°J �, �� �� � EFFECTIVE DATE OF SEPTEMBER 28TH, 2011. 0�,��� g.0� �� E LOT #1 6 S. B. L. i BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED JEREMY AND JOANNA PINCOSY, HUSBAND AND WIFE, WHO, BEING BY ME DULY SWORN, DID SAY THAT THEY ARE THE PERSONS DESCRIBED HEREIN AND THAT THEY EXECUTED THE WITHIN RECORD PLAT ON THEIR BEHALF, AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME FOR THE PURPOSES THEREIN STATED AS THEIR FREE ACT AND DEED. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL IN THE COUNTY AND STATE AFORESAID, THE DATE FIRST ABOVE WRITTEN. NOTARY PUBLIC MY COMMISSION EXPIRES:_______________ I, _ ____ CITY CLERK OF THE CITY OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI BY ORDINANCE NO. ------ PASSED AND APPROVED THIS ------ DAY OF ------------, 20-- A.D. CITY CLERK OF THE CITY OF CAPE GIRARDEAU, MISSOURI VICINITY MAP NOT TO SCALE W m Op PN 2 vi PROJECT AREA <2 �OMF�E1� Ft0 16 REFERENCES NO O 00.421 AC. � ��' .\N6�•�$ 18 352 Sa Ft FOUND I/2�� IRON ROD AT THE OOGv�a �sJ 6' S.B.L. NORTHWEST CORNER OF �2 DOCUMENT #2015-11252 OF 1-0�ar,. THE LAND RECORDS OF CAPE w0� o� GIRARDEAU COUNTY, M1550URI 6' S.B.L. co •� ��� ' •�� oo LOT #2 6' S.B.L. 0.707 AC. DOCUMENT #2020-09637 ms's (MAIN REF.) DOCUMENT #2004-13721 Q (ADJOINER) DOCUMENT #2015-11252 (ADJOINER) DOCUMENT #2019-05343 I (ADJOINER) DOCUMENT #2019-06734 (ADJOINER) DOCUMENT #2019-07169 (ADJOINER) BOOK #308, PAGE #318 (ADJOINER) BOOK #976, PAGE #55 (ADJOINER) PRIOR SURVEYS BY P.L.S. #2232 AERIAL PHOTOGRAPH #20-311 U w LEGEND • FOUND IRON ROD O SET 1/2" ROD AND CAP O CALCULATED CORNER POS AS NOTED SUB. BOUNDARY LINE NEW LOT LINE NEW EASEMENT LINE SETBACK LINE ADJACENT PROP. LINE R.O.W. LINE NEW 10' UTILITY EASEMENT C N � O, Z f— Z 1—]L[VN DUH �OU3 LoU)cr?m ZNv;ap IL/ 2ch-o Q U., im? POINT OF BEGINNING THE 50UTHEA5T CORNER OF DOC. #2020-09637 OF THE LAND RECORD5 OF CAPE GIRARDEAU COUNTY, M1550URI. (FOUND 1/2" IRON ROD) �6 y ,� ��25 s.B.L. 30,795 Sa Ft �,i► O �2 000 1i NEW 10' ��` 5' � T. C -i 0 �� �� ��0 ° c9 < UTILITY 1 tl� "Y� O p EASEMENT c,6 1 NO RECORDS FOUND FOR DEDICATION OF THE 14 FT. WIDE ALLEY. IT IS PRESUMED TO BE AN ALLEY BASED ON THE ADJOINING DEEDS, WHICH SHOW A 14 FT. WIDE GAP. (NOW OR FORMERLY) ALAN B15HER DOCUMENT #2015-11252 ZONING INFORMATION R-1 SINGLE-FAMILY SUBURBAN RESIDENTIAL DISTRICT 0 CP.'o ms's � �. `9`0 20 '9 Q `O (NOW OR FORMERLY) 5HARIQ * FARIDA MALIK DOCUMENT #2004-13721 BUILDING SETBACKS FRONT YARD = THIRTY (30) FEET (UNLESS OTHERWISE NOTED) SIDE YARD = SIX (6) FEET (UNLESS OTHERWISE NOTED) REAR YARD = TWENTY-FIVE (25) FEET (UNLESS OTHERWISE NOTED) MAXIMUM HEIGHT = TWO AND ONE HALF (2112) STORIES, NOT TO EXCEED THIRTY-FIVE (35) FEET MINIMUM LOT AREA = TEN THOUSAND (10,000) SQUARE FEET MINIMUM LOT WIDTH = EIGHTY (80) FEET NUMBER OF LOTS: 2 LARGEST LOT AREA: 30,795 SQ. FT. (0.707 AC.) SMALLEST LOT AREA: 18,352 SQ. FT. (0.421 AC.) TOTAL AREA: 49,147 SQ. FT. (1.128 AC.) 60 GRAPHIC SCALE s o2 Z W Z ;410� NI a I 0 30 60 120 240 Im I I' I O I � ( IN FEET ) 1 inch = 60 ft. URBAN SURVEY This is to certify that I, a Missouri Land Surveyor, have muem E II z I- 77 U LLI w � U � o cn C - surveyed the property described in the above caption as shown o N Q N by the annexed Plat, which Survey is true and correct and was I m C4 LL - O I 0 w YLi _ U' w U w o� O o U I 0 30 60 120 240 Im I I' I O I � ( IN FEET ) 1 inch = 60 ft. URBAN SURVEY This is to certify that I, a Missouri Land Surveyor, have muem E II z I- 77 U LLI w � U � o cn C - surveyed the property described in the above caption as shown z by the annexed Plat, which Survey is true and correct and was O executed to the best of my ability, in conformance with theN _ U' current Minimum Standards for Property Boundary Surveys in the z O o State of Missouri. Given under my hand and seal at Cape Girardeau, z o Missouri this 20th day of January, A.D. 2021. N cOn _N Q z w -------------------------------- MISSOURI LAND SURVEYOR NO. 2359 o z a a > STATE OF MISSOURI o COUNTY OF CAPE GIRARDEAU a N FILED FOR RECORD THIS _____ DAY OF _ ______________ 20__ A.D. IN IL THE OFFICE OF THE RECORDER OF DEEDS OF CAPE GIRARDEAU COUNTY w v AT JACKSON, MISSOURI. DOCUMENT NO. ____________ ``' a z w U O --------------------------------- Q o w — ANDREW DAVID BLATTNER, RECORDER OF DEEDS _ z < Q U CAPE GIRARDEAU COUNTY, MISSOURI > M O w � DJ D Staff: Ryan Shrimplin, AICP - City Agenda: Planner4/5/2021 SUBJECT An Ordinance approving the record plat of The Highlands at Hopper Crossing - Phase 3 EXECUTIVE SUMMARY The attached ordinance approves a record plat for the third phase of The Highlands at Hopper Crossing subdivision. BACKGROUND/DISCUSSION A record plat has been submitted for The Highlands at Hopper Crossing — Phase 3, zoned R-1 (Single -Family Suburban Residential). The plat shows 18 lots (17 single-family residential lots and one lot reserved for a stormwater detention pond) as well as new right-of-way for the extension of Lochinvar Lane. As part of the plat, some existing utility easements are proposed to be released by the City. They will be replaced with new easements aligning with the lot lines. 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 July 8, 2020 meeting, recommended approval of the record plat with a vote of 7 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: Description: D Record Plat -Hi hlg ands at Hopper Crossings Phase 3.doc Ordinance D Staff Review -Referral -Action Form.pdf The Highlands at Hopper Crossing Phase 3 - Staff RRA Form D Map - Highlands at Hopper Crossing Phase 3.pdf The Highlands at Hopper Crossing Phase 3 - Map D Application -Highlands at Hopper Crossing - Phase 3.pdf The Highlands at Hopper Crossing Phase 3 -Application D 37736 Hi hlg ands at Hgj2per Crossing Phase 3 Record Plat 03-17-21.pdf The Highlands at Hopper Crossing Phase 3 - Record Plat BILL NO. 21-48 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF THE HIGHLANDS AT HOPPER CROSSING - PHASE 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of The Highlands at Hopper Crossing - Phase 3, being that part of Lot 3A of Crossing at Hopper Road as recorded in Document No. 2018-01459, and that part of Hunze's Subdivision as recorded in Plat Book 5 at Page 52, all in the land records of Cape Girardeau Country, Missouri, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, submitted by SEMO Development, LLC, bearing the certification of Christopher L. Koehler, a Registered Land Surveyor, dated the 24th day of March, 2021, 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 , 2021. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: The Highlands at Hopper Crossing Phase 3 Subdivision LOCATION: Lochinvar Lane STAFF REVIEW & COMMENTS: A record plat has been submitted for the next phase of The Highlands at Hopper Crossing Subdivision which will create an additional 18 single-family lots. SEE STAFF REPORT FOR MORE DETAILS. !Fg-& - City Pla r /V -/,X City A -me) 6 /Z �� Date Dat. CITY MANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION: RECOMMENDED ACTT Favor Larry Dowdy ❑l Jeff Glenn Kevin Greaser all Derek Jackson Patrick Koetting VOTE COUNT: COMMENTS: Planning & Zoning Commission Oppose Abstain ❑ ❑ qFavor CITIZENS COMMENTING AT MEETING: Bruce Skinner Doug Spooler Ed Thompson Tom Welch l_ Oppose a� ate Favor Oppose Abstain ❑ ❑ ❑ ❑ ❑ ❑ a' ❑ ❑ ❑ Abstain K+�� P� Kevin Greaser Planning & Zoning Commission Secretary City Council Action Ordinance 1 sr Reading Ordinance 2nd & 3rd Reading: ORDINANCE # Effective Date: Highlands at Hopper Crossing - Phase 3 Record Plat aw_..Jpppr" N W � E S CITYOf CAPE 'N G I R A R D E A U Created by: Development Services Carol Peters _ -- May 18, 2020 0 60 120 240 Feet r. Legend Highlands at Hopper Crossing Ph 3 Parcels c"iupN SUBDIVISION PLAT APPLICATION xr CITY of CAPE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Name of Subdivision Type of Plat The Highlands at Hopper Crossing - Phase 3 ❑ Boundary Adjustment ❑ Preliminary 0 Record A licant Property Owner of Record (if other than Applicant) SMO Development, LLC Mailing Address City, State, Zip Mailing Address City, State, Zip 2480 Benton Hill Road Cape Girardeau, MO 63701 Telephone Email Telephone Email 57.204.1000 mkpetersenterprises@gmail.com Contact Person (If Applicant is a Business or Organization) (Attach additional owners information, if necessary) Mike Peters Professional Engineer/Surveyor (if other than Applicant) Developer (if other than Applicant) Koehler Engineering & Land Surveying, Inc. Mailing Address City, State, Zip Mailing Address City, State, Zip 194 Coker Lane Cape Girardeau, MO 63701 Telephone Email Telephone Email 57.335.3026 mguess@koehlerengineering.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 Adlustment 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 Pro erty Owner(s) of Record and the developer of these requirements. MAr % (aKGSSo v ��,,4- &s>1y 2 Z Applicant Signature and Printed Name Date OFFICE USE ONLY Date Received & By c) - I S - 2—e File # Review Fee Received $ Recording Fee Received $ Preliminary and Record Plats: Planning & Zoning Commission Recommendation MUNIS Application # ` ��T MUNIS Permit # ❑ 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 qfcheck boxes isfor professional second column isfor City staff) ' Highlands Phase 3 NAME OFSUBDIVISION: ~ |� E] 1:1 Sheet size - 18" x 2411, 24" x 24^" or 24" x 36" 121 [] White background with black text and graphics; greysca|eallowed; noother colors El [] Border - rectangular, solid Une(s) C] [] 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 10 [] Sheet number, if plat consists of more than one sheet [D [] 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 tide ~ 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 "!N THE CITY AND COUNTY OF CAPE G|RARDEAU, yW|S@OUR|" El [] 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 2 [] North arrow with basis of bearings 121 [] Graphic scale - 1;100 or less; must be a multiple of 10 G� [] Vicinity map - lines only (no images); all nearby streets and major streets labeled; site labeled; include North arrow and "NTS" or"NOT TOSCALE" 0 [] Legend - list found monuments first, followed by set monuments, followed by: "SUBDIVISION BOUNDARY LINE", "NEW LOT LINE it 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 E] [] Curve table and/or line table, if necessary - include unit symbols for distances/lengths M, [] Subdivision boundary and internal lines accurately drawn and labeled with bearing and distance or referenced to curve tab|e/l}netab|e E] [] Seotiomtmwnship/engelines accurately drawn and labeled El [] Adjacent parcel lines accurately drawn El [] Subdivision boundary and interna{ lots checked for closure [D [] Each proposed lot labeled with lot number and area expressed in square feet and acres [/1 [] 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 |nLs within and adjacent to the subdivision boundary labeled with subdivision name and Book and Page or Document Number for plat El [] 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 El [] All new easements within the subdivision boundary labeled as "NEW 'UTILITY EASEMENT" unless easement is for a non utility purpose (such as access) 2 [] All building setback lines within the subdivision boundary labeled; include depth El [] All rights-of-way within and adjacent tothe subdivision boundary labeled with street name (or labeled as alley if applicable) and right-of-way width 121 [] 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) n/ [] Notes: m Zoning - include zoning district name, minimum lot area, minimum lot width, maximum density if applicable, and setbacks; if zoning district hos different standards based on land use type, include all standards and state the proposed usetype(s) w Lot - include total number of lots, largest |o1 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 C7 ❑ Subdivision Dedication: • Begin with "THE UNDERSIGNED," followed by the owner name(s) as stated in the current deed(s); include "HUSBAND AND WIFE," if applicable; include "A [insert state name] LIMITED LIABILITY COMPANY," or "A [insert state name] CORPORATION," if applicable; followed by "OWNER OF" or "OWNERS OF" and a description matching the description beneath the plat title, followed by "CONTAINING SQUARE FEET (_ACRES.), MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:"; followed by a legal description of the total subdivision area; followed by "HEREBY SUBDIVIDE" or "HEREBY SUBDIVIDES"; followed by "SAID TRACT INTO AS SHOWN HEREON, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS HEREBY NAMED " • New right-of-way and/or easements - use standard language 0 ❑ Legal description checked against drawing for congruence C] ❑ 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 ED ❑ City Clerk's certification - use standard block for record plats CI ❑ County Recorder of Deeds' certification - use standard block ❑ ❑ Surveyor's certification block Revised 12/06/2019 LOr51 I N/P D55NDP 5POU5ffL TPUST DOG. NO, 20/9-06958 1 1 Lor 50 N/F FFfEMAN f MDLl55f GLOVEP DOG, NO, 2004-18290 1 1 � 1 Lor 2�) 0 z NA LOYO e 1M06D tit DOLLIN6EP OK 1056, f G 25 1 1 1 � 1 0 z 1 L- 1 I V JOYIN � TP DO N 20125- RECORD 013 1 W I 11 1 II LOT 12 \ \\� \\ / LOT 18 \\ \ \ y0 \ I RECORD PLAT OF SUBDIVISION DEDICATION I LOT 5 I 1 LII \ / // \\ �� \ WE, THE UNDERSIGNED, SEMO DEVELOPMENT, LLC, OWNER IN FEE OF THAT PART OF LOT 3A OF \ I c3r IF4 N 11:3 S A'I' CROSSING AT HOPPER ROAD AS RECORDED IN DOCUMENT NO. 2018-01459 , AND THAT PART OF HUNZE'S SUBDIVISION AS RECORDED IN PLAT BOOK 5 AT PAGE 52, ALL IN THE LAND RECORDS OF I I I 1 I �� \ \ \ \ Q CAPE GIRARDEAU COUNTY, MISSOURI, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL 1 I \ \ �� \ / �O H O h h E ]R- CROSSING - i� HAS E 3 MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY I LOT 11 A � \ � LOT 19 y I DESCRIBED AS FOLLOWS: 1 1 I \ \ / / / \ 0, THAT PART OF LOT 3A OF CROSSING AT HOPPER ROAD AS RECORDED IN DOCUMENT NO. 2018-01459, AND THAT PART OF HUNZE'S BEGINNING AT THE SOUTHWEST CORNER OF LOT 23 OF THE HIGHLANDS AT HOPPER CROSSING - I I 1 1 PHASE 2, A SUBDIVISION RECORDED IN DOCUMENT N0. ---------- OF THE CAPE GIRARDEAU FLOT6� 1 �I? �o� / / \ �� SUBDIVISION AS RECORDED IN PLAT BOOK 5 AT PAGE 52, ALL IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, COUNTY LAND RECORDS; THENCE WITH THE SOUTH LINE OF SAID SUBDIVISION, THE FOLLOWING CALLS: r Aon001,02-1g= \\ \\ / / / / \ TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI NORTH 79.42'14" EAST, 125.00 FEET; SOUTH 10°17'46" EAST, 52.82 FEET; NORTH 85°41'15" EAST, EXISTING 10' SEWER UTILITY EASEMENT 50.27 FEET; NORTH 10°17'46" WEST, 116.67 FEET; ALONG THE ARC OF A CURVE TO THE RIGHT, \ \ / / // \ DOC. #2018-01459 N/i= HAVING A RADIUS OF 20.00 FEET AND A LENGTH OF 31.42 FEET (THE CHORD OF SAID CURVE BEARS SEA \ \ \ / / // LOT 20 x �`\ � � FOPO1NVE5rMDNrS KEYED NOTES LEGEND NORTH 34'42'14" EAST, 28.28 FEET); NORTH 79'42'14" EAST, 151.49 FEET; ALONG THE ARC OF A I I 1 = 1 I PHA LOT 10 \ / // \ \ I PAPTNDPStIP,L.G, CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET AND A LENGTH OF 36.67 FEET (THE CHORD \DOG. NO, 2006-006/f) ITEM NOTE = SUBDIVISION PHASE BOUNDARY LINE OF SAID CURVE BEARS SOUTH 65'16'45" EAST, 34.43 FEET); ALONG THE ARC OF A CURVE TO THE I N/� LG \ LEFT, HAVING A RADIUS OF 52.00 FEET AND A LENGTH OF 68.16 FEET (THE CHORD OF SAID CURVE I LOT 7 I �N/ODM \ \ O 30' FRONT SETBACK (TYPICAL) - - - - = LOT LINE TO BE ELIMINATED BEARS SOUTH 67°48'53" EAST, 63.39 FEET); SOUTH 15'22'02" EAST, 121.00 FEET; NORTH 85°41'15" II II 1 170 I ��rM0 �, No 2018,01-76� ' \ \ \ \ \ \ - - - EAST, 24.97 FEET; SOUTH 85°41'45" EAST, 51.50 FEET; SOUTH 87°09'45" EAST, 61.18 FEET TO LOT A \ \ B 25' REAR SETBACK (TYPICAL) LOT LINE TO REMAIN SOUTHWEST CORNER OF SAID SUBDIVISION E \ \ O z ► � _ � - � � I � � � � \ � \ � = NEW LOT LINE THENCE ALONG THE NORTH LINE OF BLOCK 3 OF HUNZE'S SUBDIVISION, A SUBDIVISION RECORDED IN 6' SIDE SETBACK (TYPICAL) PLAT BOOK 5 AT PAGE 52 IN THE CAPE GIRARDEAU COUNTY LAND RECORDS, SOUTH 87°09'45"EAST, /\ \ - - - - - - = EXISTING EASEMENT LINE 60.32 FEET TO THE NORTHEAST CORNER OF LOT 1, BLOCK 3 OF SAID SUBDIVISION; I II I LOT 9 1 I I /� � \ EXISTING 10' SEWER O 10 SIDE SETBACK (NON -TYPICAL) THENCE ALONG THE EAST LINE OF SAID LOT 1, BLOCK 3, SOUTH 02'50'15"WEST, 135.00 FEET, TO THE I I I & UTILITY EASEMENT SOUTHEAST CORNER OF SAID LOT; THENCE ALONG THE NORTHERN RIGHT-OF-WAY LINE OF COLLINS I I 1 I� I I f DOC. #2018-01459 EXISTING PERMANENT UTILITY EASEMENT = NEW EASEMENT LINE STREET, NORTH 87°09'45"WEST, 83.08 FEET; THENCE SOUTH 02'39'23"EAST, 50.23 FEET TO THE - 1 LOT 8 I 1 1 I II I LOT 25 LOT 26 / / / \ \ O DOC. NO. 2019-12362 INTERSECTION OF THE SOUTHERN RIGHT-OF-WAY LINE OF COLLINS STREET AND THE EASTERN BUILDING SETBACK LINE RIGHT-OF-WAY LINE OF HUNZE DRIVE (BEING THE NORTHWEST CORNER OF LOT 1, BLOCK 4 OF SAID EXISTING 15' PERMANENT NEW 10' PRIVATE STORMWATER EASEMENT AND - - = HUNZE'S SUBDIVISION); THENCE NORTH 86'02'43" WEST, 51.57 FEET TO A POINT IN THE WESTERN I I DRAINAGE EASEMENT O RIGHT OF WAY LINE � PUBLIC UTILITY &SEWER EASEMENT (TYPICAL) RIGHT-OF-WAY LINE OF HUNZE DRIVE (BEING THE NORTHEAST CORNER OF LOT 4, BLOCK 1 OF SAID DOC. #2018-01767 �� = VACATED RIGHT OF WAY HUNZE'S SUBDIVISION); THENCE WITH SAID WESTERN RIGHT-OF-WAY OF HUNZE DRIVE, SOUTH 10°14'16" 1 I LOT 24 E 1 1 1 LOT 27F I 1 I I I LOT 21 I I I I ND 1 uR= �� I LOT 28 I Lore 1J TSE C� - _ I I « ZONING) II LOT �22 II CAS H 4„E 151.49 C� 5 �o I I SE 2 N] 9° 421 _ � 1 49' -_ _ POO, NO '� Or 28 PHA - - L= 8.6 3' I PYlODDS DEDLOI'MDNT I I 1 8NIF 0.00 - C / / I C0M111iNY, LLG N/I 1 \ / (-n L=28.04' \ _ / \ DOG NO, 2018-01��5 W. 6PlMM I I j SEE EASEMENT F A o u, I G P055/N6 Ar "OP PER, PDXIO - C01" 11" IffICIfIL U5r I DETAIL #2 6 \ E A CP I OOC, NO, 2018-051552 o�� 5 II LOT 23 II 1 o LOT 32 LOT 31 N 10,859 SQ.FT. o LOT 29 11,214 SQ.FT. 0.25±ACRES LOT 30 N' EXISTING 5' UTIL ESMT o 0.26± ACRES Cl VIn 1 POINT OF BEGINNING I PB 5, PG 52 W EXISTING 5' UTIL ESMT C 10,397 SQ.FT. I `L F B 0.24+ ACRES N I PB 5, PG 52 SOUTHWEST CORNER OF LOT 23 OF I 125.00' \ - EXISTING 20' UTIL ESMT I THE HIGHLANDS AT HOPPER CROSSING - PHASE 2 1 4214E \ I N79° 42'14"W 100.00 N�03�Sg w \ o i r DOC. #2018-01459 DOCUMENT N0. - -------- S7g° 17.26 I -! Iz 920/ 17.26'--- - - ---- -------- LOT 33 - 92 0/ - L4 - I � _ v �' ,t..,. � � - - - _ 69.23' � � L3 L5 � - - L6 C M LOT 2-7 �• 10,000 SQ.FT. •:� . '.:.•,•L2_:.. .•.•_••'.'� -S85°41'15"W 88.97' = - - - 36 39'- - -85.11' - _ - • LOT 41- 1 •.:u::�0.23±ACRES F \ 5.23 -- - -- 1 D ---I------ f �' I - - - 10,286 SQ.FT 122 C F T N//= o� u o 0.24± ACRES ` Z 5corr g _-X1_-5/1N 125.00' I F D� D B /� F F o MDYDP N79°42'14"E N/ 1 I o o � I 3K 819. P668o I 5 o DE ELOP �Arr, LLc h I N�9°42'14„E LOT 42 LOT 43 g ,,� LOT 44 LOT 45 N DOG,N .20/8810 4-7 l i! �' m 11,512 SQ.FT. w Q EXISTING 10' SEWER 115.�B> _ 5DM0 DfVDLOPMDNT, LLG C LOT 34z 13,174 SQ.FT. 11,631 SQ.FT. 0.26_ ACRES DOG NO ZOZo-05�82 + 11,215 SQ.FT. UTILITY EASEMENT IP 0.30±ACRES 0.27±ACRES w (n DOC. #2018-01459 10,000 SQ.FT. I F 0.26± ACRES 1 o 1 4 0 l B 0.23± ACRES-' I LOT 40 LOT 5 F '4 C j z F 'n o I 10,983 SQ. FT. I� L07 / cv I o o Lor C A 2 1 0.25± ACRES LOT 5 Lor l 125.08' T 2 ,q tIUNZ�'S M NTg°42'14 E \ I I"o NII N l� --- -- UI3ONlSlON � I t, C) �upr- _ L16 - 60.18' _I _ PL-OGK 2 - _ L15 C15 - 53.32' 81.04' Lor 26 `yoo Acs _� ao.00' �o L7 LOT 35 -T � � � �oovss000, � �'` -, 40.00, o , _, �//:%/,%�4'° _ L10 � m � L11 � - COLLINSCOLL I N S p - - _ 1 Nll�a' 10,539 SQ.FT. % o�- STREET 50� �W 1 I fNDP V ff MfPY 0.24± ACRES / 741 NT9°421 E NE 50 R�� ma z o z RLA DDPEDDP __: INv A _ _ - _ OK 103-7, PG 00l %, 148.30 00 � � L=47.85' � L�CN � G16 ------ 4 y L9 - _ N7 g° - E 4.2 SEE EASEMENT I Z 113LOGK � -YIUNZf'-5 SUDDNI,5I01V I DETAIL #1\� C-P135,P6f:52 � F A 16 N 1 LOT 36 I I" i� G o m 1 I LOT 46 G ��O�f�I�NTLL 1 /I ' � B I 12,554 SQ.FT. \ c p� 0.29± ACRES 5�M N0.2018 0 �6� LOT 39 A 'I 14,595 SQ.FT. I o � LOT I LOT 2 �I DOG / _ 0.34± ACRES 13,886 SQ.FT C LOrS 0.32± ACRES LOTS o� C M Io8 �0 it B rn, N/T LOT 25 F G11 /� s �44 C3� E AI -AN WAYND LiW65TON 0 ��5 F LOTZ � I ��° D I N�9°45' 1 �6 LOT l / - - 129 60' - - N O DOG, NO, 20/2-028'X� 1 N/F I o�� ��.. - _ w 1 OFANDON a JE55/cA I L K I- rtUNZff'-5 l� 151 N 1 F\ 1T F 20 N I DOG o zolz�o8r6o C 1 A D �6>, / I 'I ��� Lor 5 I -- I F w C I F LOT B � I_ LOT 37 I C o �i �� DETENTION POND �� 1 D 19,700 SQ.FT. I LOT 38 B 19,288 SQ.FT. I �o v �` EXISTING 5' UTIL ESMT E 0.45± ACRES z `- 16,239 SQ.FT. �'�� � PB 5, PG 52 0.44± ACRES I I I 1 oa l B B I F 0.37± ACRES I •i F Lor r0 I ' --- --- - 196.57' S LINE # DIRECTION LENGTH I, I 52.82' L2 N85' 41' 15"E _----_ 51.28' L - - - - - MlTTYIL�V CAPL Y 15h3DLLD M 5C/-/OT7_ 24.97' L4 S85' 41' 45"E S85°41'15"W 465.90 - DOG NO, 2ol� 02086 NORTH ORIENTATION FROM L6 S87' 09' 45"E 60.32' L7 N87' 09' 45"W MISSOURI STATE PLANE Lor 29 SOT 39' 2YE 50.23' L9 N86' 02' 43"W COORDINATE SYSTEM N/F N85' 36' 37"E 67.99' NAI S87' 09' 55"E 1 KENNETt1 I WAND N17' 07' OYE 53.85' LOT 6 hNTlOGi71�fIPTlST Gt1UPGt7 � 57.19' STDPFDNS TPUST N46' 13' 37"E 72.00' DK 285' P6 886 N79' 42' 14"E GRAPHIC SCALE �K 1506, P6 261 N/> I 47.20' 52.00' 60 30 60 120 24° I K�NN�ThffW/tNDf STDPr�NS TPUST 47.20' 52.00' EASEMENT DETAIL #2 45.60' C12 PK 1306, PG 261 52.00' S24' 27' 26"W 38.57' ( IN FEET ) 1 inch = 60 ft. I - SCALE: 1" = 40' 151.49 ' \ A _ I 4„E Nig°421 -- - PH J - •' 80.00' _- = L-8.63' 9.47' L=28.04' / o 11.84' S I m LOT 31 z LOT 32 0 10,859 SQ.FT. I I0.25± ACRES o w 11,214 SQ.FT. 0.26± ACRES � I � I � \ 6' 00 \ 1 S79°4214 W 100 /AV/ 0 17.26' S9 „W 92 0 j ONEW 20 PRIVATE STORMWATER EASEMENT AND PUBLIC UTILITY & SEWER EASEMENT (NON -TYPICAL) ONEW PRIVATE STORMWATER EASEMENT, VARIABLE WIDTH (NON -TYPICAL) LINE TABLE LINE # DIRECTION LENGTH L1 S10' 17' 46"E 52.82' L2 N85' 41' 15"E 50.27' L3 N85' 41' 15"E 24.97' L4 S85' 41' 45"E 51.50' L5 S87' 09' 45"E 61.18' L6 S87' 09' 45"E 60.32' L7 N87' 09' 45"W 83.08' L8 SOT 39' 2YE 50.23' L9 N86' 02' 43"W 51.57' L10 N85' 36' 37"E 67.99' L11 S87' 09' 55"E 58.95' L12 N17' 07' OYE 53.85' L13 SO4' 18' 45"E 57.19' L14 N46' 13' 37"E 72.00' L15 N79' 42' 14"E 8.09' L16 N85' 36' 37"E 16.38' EASEMENT DETAIL #1 __ - ------ C) SCALE: 1" = 40' % N85°37'03"E 21.08' N85737'031 14.57' o, rn 1 G> I LOT 46 14,595 SQ. FT. I S10°14'16"E 34.64' I I 0.34± ACRES 1 N11°31'121 24.59' - �S1I1°31'12"W 9.42' I, - -- - - - - S79°45'44"W 21.53' EAST, 223.90 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN BOOK 1306 Al EASEMENT TO BE RELEASED PAGE 261; L♦' �• •�•� THENCE ALONG THE NORTHERN LINE OF SAID TRACT, SOUTH 85'41'15" WEST, 465.90 FEET, TO THE - = CENTERLINE OF ROAD NORTHWEST CORNER OF SAID TRACT (BEING A POINT IN THE EAST LINE OF LOT 24 OF CLARKTON PLACE SUBDIVISION PHASE II, A SUBDIVISION RECORDED IN PLAT BOOK 15 AT PAGE 92 IN THE CAPE GIRARDEAU COUNTY LAND RECORDS); THENCE ALONG THE EAST LINE OF SAID SUBDIVISION, NORTH 10'17'46"WEST, 463.92 FEET TO THE POINT OF BEGINNING AND CONTAINING 6.01 ACRES (TOTAL ACREAGE OF PHASE 3), MORE OR LESS, BEING SUBJECT TO ANY EASEMENTS OF RECORD, DO HEREBY DECLARE THAT WE HAVE CAUSED SAID LAND TO BE SUBDIVIDED INTO LOTS AND CURVE TABLE CURVE # LENGTH RADIUS CHORD DIRECTION CHORD LENGTH C1 31.42' 20.00' N34' 42' 14"E 28.28' C2 36.67' 30.00' S65' 16' 45"E 34.43' C3 68.16' 52.00' S67' 48' 5YE 63.39' C4 13.80' 150.00' N82' 20' 24"E 13.80' C5 4.60' 125.00' N11' 21' 04"W 4.60' C6 64.77' 125.00' N27' 14' 57"W 64.04' C7 15.90' 30.00' N26' 54' 16"W 15.72' C8 22.75' 30.00' N10' 00' 43"E 22.21' C9 55.82' 52.00' NOW 59' 25"E 53.17' C10 47.20' 52.00' N55' 45' 47"W 45.60' C11 47.20' 52.00' S72' 13' 49"W 45.60' C12 39.52' 52.00' S24' 27' 26"W 38.57' C13 40.33' 30.00' S41' 11' 45"W 37.36' C14 117.81' 75.00' S55' 17' 46"E 106.07' C15 16.25' 175.00' N82' 21' 48"E 16.24' C16 1 11.60' 125.00' S82' 21' 48"W 11.60' REFERENCES BK 283, PG 886 BK 814, PG 680 BK 1037, PG 001 BK 1056, PG 258 BK 1306, PG 261 DOC. NO. 2004-18240 DOC. NO. 2006-00615 DOC. NO. 2012-02897 DOC. NO. 2012-08160 SUBDIVISION NOTES ZONING DISTRICT REGULATIONS AREA AND LOT INFORMATION THE SUBDIVISION IS ZONED R-1 - SINGLE-FAMILY SUBURBAN RESIDENTIAL DISTRICT MINIMUM LOT AREA: 10,000 SQ. FT. MINIMUM LOT WIDTH: 80 FT. MAXIMUM DENSITY: 4 UNITS/ACRE MAXIMUM HEIGHT 2 2 STORIES, NOT TO EXCEED 35 FT. MINIMUM YARD REQUIREMENTS: FRONT SETBACK: 30 FT. REAR SETBACK: 25 FT. SIDE SETBACK: 6 FT. FLOODPLAIN NOTE NO PORTION OF THE PROPERTY FALLS WITHIN THE SPECIAL FLOOD HAZARD AREA SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD, AS INDICATED ON THE FLOOD INSURANCE RATE MAP NUMBER 29031 CO254E WITH AN EFFECTIVE DATE OF SEPTEMBER 29, 2011. SURFACE INFORMATION SURFACE INFORMATION WAS OBTAINED BY COUNTY LIDAR DATA OBTAINED BY KOEHLER ENGINEERING AND LAND SURVEYING. STORMWATER MANAGEMENT NOTE ALL COMPONENTS OF THE STORMWATER MANAGEMENT SYSTEM NOT LOCATED IN A PUBLIC RIGHT OF WAY OR PUBLIC DRAINAGE EASEMENT INCLUDING, BUT NOT LIMITED TO: DRAINAGE WAYS, PIPES, INLETS, OUTLETS, CATCH BASINS, AND DETENTION BASINS, SHALL BE PRIVATELY OWNED AND MAINTAINED. TOTAL SUBDIVISION AREA: 261,929 SQ. FT. (6.01 ACRES) TOTAL NUMBER OF LOTS: 18 (INCLUDING LOT B) SMALLEST LOT SIZE: 10,000 SQ. FT. (0.23 ACRES) LARGEST LOT SIZE: 19,700 SQ. FT. (0.45 ACRES) LOT B IS RESERVED FOR A STORMWATER DETENTION FACILITY AND SHALL NOT BE USED FOR A DWELLING. NO SETBACKS ARE SHOWN ON LOT B. RIGHT OF WAY VACATION NOTE PORTIONS OF THE COLLINS STREET AND HUNZE DRIVE RIGHTS OF WAY, AS SHOWN HEREON, WERE VACATED BY ORDINANCE NO. 5290 (DOCUMENT NO. 2020-07190). RECORD OWNER SEMO DEVELOPMENT, LLC DOC. NO. 2018-01767 DOC. NO, 2018-01769 DOC. NO. 2020-03782 DEVELOPER OF SUBDIVISION AND PLAT PREPARED FOR: SEMO DEVELOPMENT, LLC C/O: MR. MIKE PETERS, MANAGING MEMBER 2480 BENTON HILL ROAD CAPE GIRARDEAU, MO 63701 PLAT PREPARED BY AND LAND SURVEYING SERVICES PROVIDED BY: KOEHLER ENGINEERING AND LAND SURVEYING, INC. 194 COKER LANE CAPE GIRARDEAU, MO 63701 (573) 335-3026 SURVEYOR'S CERTIFICATION THIS SURVEY OF A TRACT OF URBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN THE STATE OF MISSOURI AS MADE EFFECTIVE JUNE 30, 2017. DOC. NO. 2013-07395 DOC. NO. 2014-06938 DOC. NO. 2018-01459 DOC. NO. 2018-01767 DOC. NO. 2018-01769 DOC. NO. 2019-02086 DOC. NO. 2019-02780 DOC. NO. 2020-03782 PB 5, PG 52 RIGHT-OF-WAY AS SHOWN AND DESIGNATED HEREON, AND DO HEREBY NAME SAID SUBDIVISION "THE HIGHLANDS AT HOPPER CROSSING - PHASE 3", AND DO HEREBY ESTABLISH PERMANENT EASEMENTS AS SHOWN HEREON. AREAS SHOWN HEREON AS RIGHT-OF-WAY (EXCLUDING VACATED RIGHT-OF-WAY) ARE HEREBY DEDICATED TO THE CITY OF CAPE GIRARDEAU, MISSOURI, IN PERPETUITY FOR PUBLIC PURPOSES. THE UTILITY AND SEWER EASEMENTS SHOWN HEREON ARE HEREBY GRANTED TO THE CITY OF CAPE GIRARDEAU, MISSOURI IN PERPETUITY FOR PUBLIC PURPOSES, INCLUDING THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF CITY WATER AND SEWER SYSTEMS, AND AS MAY BE AUTHORIZED BY THE CITY OF CAPE GIRARDEAU, MISSOURI TO BE USED BY A PUBLIC OR PRIVATE UTILITY PROVIDER FOR PURPOSES RELATED TO THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF SUCH UTILITY SYSTEMS. THE SUBDIVISION, WITH THE EXCEPTION OF LOT 45, SHALL BE SUBJECT TO PRIVATE RESTRICTIONS (INCLUDING PRIVATE STORMWATER EASEMENTS) RECORDED IN DOCUMENT NUMBER 2019-02785 IN THE LAND RECORDS OF SAID COUNTY. SEMO Development, LLC Michael Peters, Managing Member STATE OF MISSOURI ) SS COUNTY OF CAPE GIRARDEAU ) On this day of A.D. 20_ before me, a Notary Public for said County and State, personally appeared Michael Peters, who, being by me duly sworn, did state that he is the Managing Member of SEMO Development, LLC, a Missouri Limited Liability Company, and that he is authorized to execute the foregoing instrument on behalf of said Company, and that he executed said instrument as the free act and deed of said Company. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal in the County and State aforesaid, the date first above written. My term expires Notary Public On behalf of the City of Cape Girardeau, Missouri, I hereby release the existing public easements as shown hereon. Scott A. Meyer, City Manager City of Cape Girardeau, Missouri STATE OF MISSOURI ) SS COUNTY OF CAPE GIRARDEAU ) On this day of . A.D. 20_ before me, a Notary Public for said County and State, personally appeared Scott A. Meyer, who, being by me duly sworn, did state that he is the City Manager of the City of Cape Girardeau, Missouri, a Missouri Municipal Corporation, that he is authorized to execute the foregoing instrument on behalf of said City, and that he executed the same as the free act and deed of said City. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal in the County and State aforesaid, the date first above written. My term expires Notary Public I, _-------------------- City Clerk of the City of Cape Girardeau, Missouri, hereby certify that this plat was approved by the City of Cape Girardeau, Missouri, by Ordinance No. __________- passed and approved this ____ day of -------------- A.D. 20__. City Clerk, City of Cape Girardeau, Missouri STATE OF MISSOURI ) SS COUNTY OF CAPE GIRARDEAU ) Filed for record in the office of the Recorder of Deeds of Cape Girardeau County, Missouri, in Document No. -----------, at Jackson, Missouri, on the ---- day of -----------, A.D. 20--. Andrew David Blattner Recorder of Deeds of Cape Girardeau County, Missouri Professional Engineers & Land Surveyors 194 Coker Lane Cape Girardeau, Missouri 63701 Ph: (573) 335 - 3026 Fax: (573) 335 - 3049 PLS CORPORATE LICENSE NO. 000262 DRAWN BY: ASHTON GASKILL REV/DATE DESCRIPTION INITIALS CHECKED BY: MARK GUESS 11-30-20 ADD RESTRICTIONS DOC. NO. MG SURVEY DATE 10-2017 12-11-20 ADD EASEMENT DETAIL #2 AG DRAWING DATE: 05-18-2020 03-09-21 ADDED LOT 45 EXCEPTION AG DRAWING No: 37736 03-17-21 ADDRESSED CITY COMMENTSI AG Staff: Ryan Shrimplin, AICP - City Agenda: Planner4/5/2021 SUBJECT An Ordinance approving the record plat of Touchdown Ridge 2. EXECUTIVE SUMMARY The attached ordinance approves a record plat for a 22 -lot single-family residential subdivision on LaSalle Avenue. BACKGROUND/DISCUSSION A record plat has been submitted for Touchdown Ridge 2, zoned R-1 (Single -Family Suburban Residential). The property is on LaSalle Avenue, adjacent to the Touchdown Ridge subdivision. The plat shows 22 lots (21 single-family residential lots and one lot reserved for a stormwater detention pond) as well as new right-of-way for three streets (Orange Bowl Drive, Rose Bowl Drive, and Touchdown Drive). The plat shows a variance for a reduced rear setback on Lot 45. Staff supports the variance because it will maintain the uniformity of setbacks on this block. (Note: the plat was originally named Touchdown 7. The developer later renamed it to Touchdown Ridge 2.) STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the record plat. The Planning and Zoning Commission, at its May 13, 2020 meeting, recommended approval of the record plat with a vote of 9 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: D Record Plat -Touchdown Mae 2.doc D Staff Review -Referral -Action FgpRpdf D Map _-_Touchdown 7= Subdivision.pdf D Application - Touchdown 7 Subdivision Record Plat.pdf D 37378 - Touchdown Ridge 2 Record Plat.pdf Description: Ordinance Touchdown Ridge 2 - Staff RRA Form Touchdown Ridge 2 - Map Touchdown Ridge 2 - Application Touchdown Ridge 2 - Record Plat BILL NO. 21-49 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF TOUCHDOWN RIDGE 2 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Touchdown Ridge 2, being that part of United States Private Survey No. 790, Township 31 North, Range 13 East of the Fifth Principal Meridian, in the City and County of Cape Girardeau, State of Missouri, submitted by The Amendment and Restatement of the Ryland R. Meyr Voluntary Trust Agreement of December 29, 2006, bearing the certification of Christopher L. Koehler, a Registered Land Surveyor, dated the 2nd day of March, 2021, 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 , 2021. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Touchdown 7 Subdivision LOCATION: North of LaSalle Avenue Near Baldwin Drive STAFF REVIEW & COMMENTS: A record plat has been submitted for a new twenty-two (22) lot subdivision north of LaSalle Avenue, near Baldwin Drive. SEE STAFF REPORT FOR MORE DETAILS. City Plagn6r /R , City ne Date Date Planning & Zoning Commission RECOMMENDED ACTION.• Favo 57 Oppose Abstain Larry Dowdy ❑ ❑ Jeff Glenn ❑ ❑ Kevin GreaserLl ❑ Derek Jackson �� U� ❑ ❑ Patrick Koetting ❑ ❑ VOTE COUNT: Favor COMMENTS: CITIZENS COMMENTING AT MEETING: Bruce Skinner Doug Spooler Ed Thompson Tom Welch Oppose Kevin Greaser Favor Oppose Abstain ' ❑ ❑ 2-( ❑ ❑ ❑ ❑ lltl! ❑ ❑ Abstain Planning & Zoning Commission Secretary City Council Action Ordinance 1 S` Reading Ordinance 2nd & 3rd Reading: ORDINANCE # Effective Date: Touchdown 7 Subdivision q` ., 976- 956 rt75 951 186 k. 173 174 Nk I L � 166 157 ° +'tib . 144 M1 139 A, 36 124 115 ° Y 1 N LaSalle Ave W E S 3596 3629 2 C I T Y OfCA P E;3589 ° G I R A R D E A U 84 362 Created by: Development ServicesLegend ° Carol Peters April 14, 2020 76 ° 72 Touchdown 7 Subdivision 361 Parcels 0 90 180 360 Feet Street Centerlines 60 I I I I I I 355 , , SUBDIVISION PLAT APPLICATION CITY of CAPE GIRARDEAU •'�.m.'l� DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Name of Subdivision Type of Plat Touchdown 7 ❑ Boundary Adjustment ❑ Preliminary 0 Record aplicant yr Properties, LP Property Owner of Record (if other than Applicant) Mailing Address City, State, Zip Mailing Address City, State, Zip 966 County Rd 616 _7Email Jackson, MO 63755 Telephone Telephone Email Contact Person (If Applicant is a Business or Organization) (Attach additional owners information, if necessary) Ryland "Dutch" Meyr Professional Engineer/Surveyor (if other than Applicant) Developer (if other than Applicant) Mark Guess Mailing Address City, State, Zip Mailing Address City, State, Zip 194 Coker Lane Cape Girardeau, MO 63701 Tele hone Email mguess@koehlerengineering.com Telephone Email (573)335-3026 ADDITIONAL ITEMS In addition to this completed application form, the following items must be submitted: REQUIRED X Review Fee (payable to City of Cape Girardeau) Single -Family or Two -Family Residential: $20.00 per lot ($100.00 minimum) Multi -Family Residential: $20.00 per dwelling unit ($100.00 minimum) See Instructions for more Non -Residential : $20.00 per acre ($100.00 minimum) information. X Recording Fee Deposit (payable to City of Cape Girardeau) Sheet Size Record Plat Boundary Adjustment Plat 18" x 24" $44.00 $24.00 24" x 36" $69.00 $29.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) >c Two (2) full size prints of the plat _)�_ Digital file of the plat in .pdf format (can be emailed to cityplanning@citvofcape.org) /yCompleted 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 havg-nn,tified thq Property Owner(s) of Record and the developer of these requirements. ,� 4 �� __�_ t/ - / ?" l —2—'b Applicant gnature and Printed Name Date OFFICE USE ONLY Date Received & By 4 13 -ZG C -i File # Review Fee Received $ Recording Fee Received $ Preliminary and Record Plats: Planning & Zoning Commission Recommendation MUNIS Application # MUNIS Permit # ❑ 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: To - IL f:twflf - ❑ Sheet size - 18" x 24", 24" x 24", or 24" x 36" ❑ White background with black text and graphics; greyscale allowed; no other colors �I ❑ Border - rectangular, solid line(s) �I ❑ Title block - include name, address, and phone number of consultant preparing the plat; include box for original issue date �J;'� and at least 3 revision issue dates ❑ ❑ Sheet number, if plat consists of more than one sheet SE ❑ 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" l ❑ 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" ❑ 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 ❑ North arrow with basis of bearings 1 ❑ Graphic scale - 1:100 or less; must be a multiple of 10 lJ ❑ Vicinity map - lines only (no images); all nearby streets and major streets labeled; site labeled; include North arrow and "NTS" or "NOT TO SCALE" ❑ 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 l�f ❑ Curve table and/or line table, if necessary - include unit symbols for distances/lengths ❑ 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 tK ❑ Adjacent parcel lines accurately drawn 4 ❑ Subdivision boundary and internal lots checked for closure ,4 ❑ Each proposed lot labeled with lot number and area expressed in square feet and acres $] ❑ All parcels within and adjacent to the subdivision boundary labeled with record owner name and Book and Page or Document Number for deed ,® ❑ All existing platted lots within and adjacent to the subdivision boundary labeled with subdivision name and Book and Page or Document Number for plat �j ❑ All existing easements within the subdivision boundary labeled as existing; include type of easement (water, sewer, utility, access, etc.); include Book and Page or Document Number, if recorded ❑ All new easements within the subdivision boundary labeled as "NEW —'UTILITY EASEMENT" unless easement is for a non utility purpose (such as access) ❑ All building setback lines within the subdivision boundary labeled; include depth ,E7 ❑ All rights-of-way within and adjacent to the subdivision boundary labeled with street name (or labeled as alley if applicable) and right-of-way width P1 ❑ All private streets within and adjacent to the subdivision boundary labeled with street name followed by "(PRIVATE STREET)" and shown within an access easement (50 foot easement width if new) ❑ ❑ Notes: + Zoning - include zoning district name, minimum lot area, minimum lot width, maximum density if applicable, and setb'Oks; if zoning district has different standards based on land use type, include all standards and state the proposed use type(s) ---> c4y b,J aoa ",-4 ";' ;,vet -4i/ 0- l,s$ VtI • Lot - include total na(mber of lots, largest Ipf area, smallest,#ot area, and total subdivision area; includ"roposed 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 i� Exception, if applicable - begin with "AN EXCEPTION IS SHOWN FOR" followed by "THE OMISSION OF THE REQUIRED 10 FOOT UTILITY EASEMENT ALONG THE LOT LINE OF LOT_" or "A REDUCED UTILITY EASEMENT WIDTH ALONG THE LOT LINE OF LOT _", as applicable Floodplain - begin with "A PORTION OF THE PROPERTY FALLS WITHIN" or "NO PORTION OF THE PROPERTY FALLS WITHIN", as applicable; if referencing a zone designation, state what that designation means ❑ List each record owner name and Book and Page or Document Number for deed, name and address of party for whom the plat was prepared, name and address of consultant that performed the survey and prepared the plat ❑ Subdivision Dedication: • Begin with "THE UNDERSIGNED," followed by the owner name(s) as stated in the current deed(s); include "HUSBAND AND WIFE," if applicable; include "A [insert state name] LIMITED LIABILITY COMPANY," or "A [insert state name] CORPORATION," if applicable; followed by "OWNER OF" or "OWNERS OF" and a description matching the description beneath the plat title, followed by "CONTAINING SQUARE FEET ( ACRES), MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:"; followed by a legal description of the total subdivision area; followed by "HEREBY SUBDIVIDE" or "HEREBY SUBDIVIDES"; followed by "SAID TRACT INTO AS SHOWN HEREON, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS HEREBY NAMED Oil * 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 N/F I LARRY T. & CATHY L. HUBER ET UX DOC. NO. _ 2016-13425 I I LOT 13 I TOUCHDOWN RIDGE EXISTING 10' SUBDIVISION UTILITY EASEMENT DOC. NO. 2016-00194 N/F 2016-00194 I LARRY T. &CATHY L. HUBER ET UX DOC. N0. EXISTING 10' UTILITY I 2016-12372 EASEMENT L - DOC. NO. 2016-00194 POINT OF BEGINNING: I 1 1 I I LOT 26 TOUCHDOWN RIDGE SUBDIVISION I DOC. NO. 2016-00194NF LOT I KENNETH J. &VOLA B. KELLY TOUCHDOWNS RIDGE LOT 24 DOC, N0, 2018-00978 I SUBDIVISION TOUCHDOWN RIDGE SUBDIVISION I DOC. NO. 2016-00194 I DOC. NO. 2016-00194 EXISTING 10' N/F N/F I UTILITY I MEYR PROPERTIES, L.P. JIM S. & ERMA GREEN ET UX EASEMENT EXISTING 10' I DOC. NO. 2018-06795 I DOC. N0. SANITARY SEWER � DOC. N0. 2018-07928 & 2016-00194 EASEMENT 2018-07929 EXISTING 10' UTILITY / N04'33'09"E 536 38' NC. 0. 2016-05041 - - - DOC. NOSEMENT 2016-00194 \ PAV w 01) / LOT 23 3: TOUCHDOWN RIDGE NORTH ORIENTATION FROM SUBDIVISION MISSOURI STATE PLANE DOC. NO. 2016-00194 COORDINATE SYSTEM NORTHWEST CORNER OF LOT � / ^ - - - - _ _ _ N/F � I 13 OF TOUCHDOWN RIDGE F �" T- - 38.11 - - - - - i - - - JAMIE CRIDDLE / \ \ EXISTING PRIVATE , SUBDIVISION DOC. NO. / \ - - -/ _ CONSTRUCTION L.L.C. \ \ STORMWATER DRAINAGE LOT 21 I I I - _ 48.40' \ \ \ ACCESS EASEMENT T \ I 2016-00194 I I __ DOC. NO. 2018-10188 LOT 22 \ DOC. NO. 2016-00194 TOUCHDOWN RIDGE / RECORD PLAT OF GRAPHIC SCALE T C3UCYl1DC3NXTT*%**T RIDGE 2 so 0 25 50 100 200 THAT PART OF UNITED STATES PRIVATE SURVEY NO. 790, TOWNSHIP 31 NORTH, RANGE 13 ( IN FEET ) EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE 1 inch = 50 ft. GIRARDEAU, STATE OF MISSOURI N/F NORWALD INC. DOC. NO. 2017-08006 TOUCHDOWN RIDGE SUBDIVISION \ \ SUBDIVISION 1O L710 DOC. NO. 2016-00194 DOC. NO. 2016-00194 \ I B I I o 1 I B F \ 0' \ \ \ EXISTING 10" SANITARY N/F \ / N/F A A \ \ SEWER EASEMENT / MEYR PROPERTIES L.P. C) I LOT 35: O W o \ roc. No 201 6-05041 GREASER STUART A. & ANDREA K. ET UX I 29,596 SF I rn � I C \ _ \ DOC. N0. 2019-10923 / DOC. N0. 2016-00228 I0.68 AC I LOT 34: / 22,175 SF \ \ �24��,\ /� EXISTING PRIVAE STORMWATER I ^ I C) I I 0.51 AC w LOT 33. OAF \ \ DRAINAGE EASEMENT DOC. NO. I � 1 C 22,269 SF / _ I Z �1 8J v EXISTING 10 UTILITY 2016-00194 - - LA 1 �l I I 0.51 AC 3 ' \ EASEMENT - - - '\ \ \DOC. N0. 2016-00194 -, I I - -Z- 3.�vvzli3o5.10 N LOT 32: \ \ J 121.74 fCD --- _ \ F ^ 22,939 SF \ 0.53 AC o \ �, .� _ � L9 � 158.00' I � \ E STING 20' SANITARY SEWER EXISTING 20' , EASEMENT SANITARY 90.20' �� LOT 31: L11 _ 526�3� \ DOC. N0. 2016-05041 SEWER �// o _ o� - O X75 CH: �� 20,900 SF / L8 N A3°� EASEMENT �M o I -„ NO -?5�„C o, 0.48 AC o 26�S�sF �9os' 20 6C 05041 'v- N04-33#09"E a N04 33 09 E 342.20' - L -110.25 �' 8 ` � ��° \ s2o, N 0. - - 37;E, vs LOT 30: s 603v - R-500 Q X171,'',' \ �� 20,995 SF �/ N2so A� _� I o 10.00' _ 2 63, �� -------- - - I 0.48 AC \/6 F 0�\ . LOT 2 H L10 ------- /o L120 j V„� 83 � 00 N ~I o I I \ v �1 N a 00 CD F F �s� LOT 28: LOT 27: coo LOT 36: o \ �� (50 \� 20,900 SF LOT 37: 26,675 SIF 33,649 SF Z0.48 AC 20,900 SF LOT 38: �\ �\ ',, \ \ I 0.61 AC 0.77 AC I 0.48 AC 20,900 SF LOT 39: o X90, 00 Ul 0.48 AC 21,015 SF / \ �� u A I I 00 I v'I 0.48 AC Gos\ \ --- i 1 10' I � F \ _ � LOT 40: ---------- - - 22,919 SF - G \ - 10' ti- � 07 7 � -1 113.14' - --- 20' - - -- G 0.53 AC B .� 8,62% �, - C18 - - - 110.00' 20' R - 85.00' _L6- 20' 0.00' 0 00' - �2500p, .3 0. L=120.33 - ' SO4'34'42°W 195.00'No4°33'09"E / 20' L5 Fl. S10•32� � 03'14 35 W 299 21 00.00' / LOT 41: i / / �o / - % -cH: N11.5 � 0' 44 - ' N G � 27,169 SF A / R� W 119.17 � 8 15"E, 2 \� ,,,� \ ` \ \ 2�g , R-285. 3.59' , / 20 0.62 AC ! h CN. °0 L_ - LEGEND N85°26'51 "w � � 00' - x_338 , � v� � F � , �o v 114 ,15 9.61' _ S85°26'51 E 2V�20" w, 113 1 112.44' 3- 19.61' .5 C2 89.39' - - Cj ® = FOUND CUT CROSS SO4°33'09W 1 4200Q„ 10 F F F O = SET 1/2" IRON ROD `/ 20.00'---- = SUBDIVISION BOUNDARY LINE X83 0.00' F / / <\r� ------ NEW LOT LINE S65°3956"E / 011, N EXISTING EASEMENT LINE 19.70' 21.12' 0' SO4°50'10"Wo NEW EASEMENT LINE J 77-90.00'- 1 = EXISTING PRIVATE<\v� N23°47'37"E I / LOT 45: STORMWATER DRAINAGE AND/OR LAKE ACCESS C 18.02' 1 �� 1 1 32,506 SF EASEMENT vs o I 1 CV 1 0.75 AC = NEW PRIVATE STORMWATER C1��Ny N _ c N o DRAINAGE AND/OR LAKE L.I_ O E ACCESS EASEMENT 3 I LOT 42: _ I -InA r o LOT 47: = BUILDING SETBACK LINE N 24,501 SIF �' Q 3 0 LOT 46: = BUILDING SETBACK/EASEMENT M 95 50 0 SF I 0.56 AC i i ° 26,634 SF 3080 AC038 F \ LINE F 0.61 AC - = EXTERNAL PROPERTY LINE 2.19 AC of r F C o Z N00°43'53"E 1 1 / =RIGHT OF WAY LINE O 19.61' I / F I z - CENTERLINE OF ROAD / f I 1 n/ - N00°22'2YE 188.96' _ F -NOTE- N87°59'51"W L __L- 1 � 1 LQL / 1/2" IRON RODS SET AT ALL CORNERS 20.00' 10.00' 10' J UNLESS OTHERWISE NOTED J 10.00' 10 S00°43'53"W 192.72' J C B ti co oo S00°43'53" F / I O C6 I °� � B co 19.61' Co CN w FLOODPLAIN INFORMATION o� �I W old ----- ----- LOT 43: 1 LOT 44: L1 THIS IS TO CERTIFY THAT I HAVE EXAMINED THE F.I.R.M. MAPS ON FILE IN THE w I 23,529 SF I OFFICE OF THE CAPE GIRARDEAU COUNTY HIGHWAY DEPARTMENT IN In O.54 068 AC z 29'709 SF 7- 0 AC . JACKSON, MISSOURI, AND HAVE DETERMINED THAT THE TRACT SHOWN 6' S02'25'O1"W 244.$8 128.45' HEREON IS WITHIN ZONE'X', WHICH DENOTES AN AREA OF MINIMAL FLOOD � I 1� HAZARD AS DETERMINED ON COMMUNITY PANEL NO. 29031CO163E / v°o 3 M I EFFECTIVE DATE OF SEPTEMBER 29, 2011. CoI / I I O u 1 N/F 336.46' F o I I =w DUTCH MEYR DOC. NO. 2019-04583 zo SUBDIVISION NOTES SO421'08Nw 7ss.4s' So o' z �,_ L - Lo I LOT SIZES TOTAL SUBDIVISION AREA: 711,500 SQ. FT. (16.33 ACRES) TOTAL NUMBER OF LOTS: 22 (INCLUDING LOT A) SMALLEST LOT SIZE. 20,900 SQ. FT. (0.48 ACRES) LARGEST LOT SIZE: 35,038 SQ. FT. (0.80 ACRES) LOT A IS RESERVED FOR A STORMWATER DETENTION FACILITY AND SHALL NOT BE USED FOR A DWELLING. NO SETBACKS ARE SHOWN ON LOT A. RECORD OWNER THE AMENDMENT AND RESTATEMENT OF THE RYLAND R. MEYR VOLUNTARY TRUST AGREEMENT OF DECEMBER 29, 2006 DOC. NO. 2019-01882 DEVELOPER OF SUBDIVISION AND PLAT PREPARED FOR MEYR PROPERTIES, L.P. C/O: MR. RYLAND "DUTCH" MEYR 966 COUNTY RD 616, JACKSON, MO 63755 STORMWATER MANAGEMENT NOTE ALL COMPONENTS OF THE STORMWATER MANAGMENT SYSTEM NOT LOCATED IN A PUBLIC RIGHT OF WAY OR PUBLIC DRAINAGE EASEMENT INCLUDING, BUT NOT LIMITED TO: DRAINAGE WAYS, PIPES, INLETS, OUTLETS, CATCH BASINS, AND DETENTION BASINS, SHALL BE PRIVATELY OWNED AND MAINTAINED. ZONING REGULATIONS R-1 SINGLE-FAMILY SUBURBAN RESIDENTIAL DISTRICT MINIMUM LOT AREA: 10, 000 SF MINIMUM LOT WIDTH: 80 FT MAXIMUM DENSITY: 4 UNITS PER 1 ACRE PROPOSED DENSITY: 1.5 UNITS PER 1 ACRE MINIMUM SETBACKS FOR R-1 ZONING FRONT SETBACK: 30 FT REAR SETBACK: 25 FT SIDE SETBACK: 6 FT DRIVEWAYACCESS RESTRICTION DRIVEWA Y A CCESS TO LASALLE AVENUE SHALL BE PROHIBITED FOR ALL LOTS IN THE SUBDIVISION. VARIANCE NOTE A VARIANCE IS SHOWN FOR A REDUCED REAR SETBACK ON LOT 45. EASEMENT NOTE 10' WIDE UTILITY EASEMENT SHALL BE PROVIDED AROUND THE PERIMETER OF SUBDIVISION AND ADJACENT TO EACH RIGHT OF WAY LINE OR AS OTHERWISE SHOWN HEREON. PLAT PREPARED BY AND LAND SURVEYING SERVICES PROVIDED BY KOEHLER ENGINEERING AND LAND SURVEYING, INC. 194 COKER LANE, CAPE GIRARDEAU, MO 63701 (573) 335-3026 LINE TABLE LINE # DIRECTION LENGTH L1 S02° 25' 01"W 6.37' L2 S24° 20' 04"W 21.62' L3 S89° 37' 37"E 10.28' L4 SO4° 33' 09"W 12.20' L5 N04° 33' 09"E 2.20' L6 N04° 21' 081 25.00' L7 SO4° 33' 09"W 19.88' L8 S08° 55' 38"E 20.32' L9 N26' 03' 43"E 2.41' L10 N26° 03' 43"E 2.27' L11 S26' 05' 16"W 14.01' L12 S26° 05' 16"W 110.92' 190.00" N/F NORWALD INC. DOC. NO. 2017-08006 N CURVE TABLE CURVE # LENGTH RADIUS DELTA CHORD DIRECTION CHORD LENGTH Cl 34.91' 22.00' 90'55'40" S42' 13' 15"W 31.36' C2 18.01' 275.00' 3'45'11" S01' 22' 00"E 18.01' C3 34.56' 22.00' 90'00'00" S20' 39' 561 31.11' C4 52.28' 125.00' 23'57'41" S77' 38' 46"E 51.90' C5 77.41' 1225.00' 3'37'14" N87' 27' 29"W 77.40' C6 7.66' 1225.00' 0'21'30" N89' 26' 52"W 7.66' C7 13.63' 175.00' 4'27'46" N87' 23' 44"W 13.63' C8 59.55' 175.00' 19'29'55" N75' 24' 53"W 59.27' C9 34.56' 22.00' 90'00'00" S69' 20' 04"W 31.11' C10 41.00' 475.00' 4'56'44" S21' 51' 42"W 40.99' C11 24.60' 285.00' 4'56'44" N21' 51' 42"E 24.59' SUBDIVISION DEDICATION THE UNDERSIGNED, RYLAND R. MEYR, TRUSTEE OF THE AMENDMENT AND RESTATEMENT OF THE RYLAND R. MEYR VOLUNTARY TRUST AGREEMENT OF DECEMBER 29, 2006, BEING OWNER IN FEE OF THAT PART OF UNITED STATES PRIVATE SURVEY NO. 790, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, CONTAINING 711,500 SQUARE FEET (16.33 ACRES), MORE OR LESS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ul u BEGINNING AT THE NORTHWEST CORNER OF LOT 13 OF TOUCHDOWN RIDGE SUBDIVISION, A SUBDIVISION ON FILE IN THE CAPE GIRARDEAU COUNTY LAND RECORDS IN DOCUMENT NO. 2016-00194; THENCE NORTH 85°26'51" WEST, 405.00 FEET; THENCE SOUTH 04'34'42" WEST, 195.00 FEET; THENCE NORTH 85'38'52" WEST, 299.01 FEET; THENCE SOUTH 04'21'08" WEST, 766.46 FEET; THENCE SOUTH 85°38'52" EAST, 84.37 FEET; THENCE SOUTH 02°25'01" WEST, 244.88 FEET, TO A POINT ON THE NORTH RIGHT OF WAY OF LASALLE AVENUE; I THENCE ALONG SAID NORTH RIGHT OF WAY, ALONG A NON -TANGENT CURVE, BEING CONCAVE TO THE Z NORTHWEST, WITH A RADIUS OF 2925.00 FEET AND A CURVE LENGTH OF 579.14 FEET, (THE CHORD OF SAID /� ARC BEARS NORTH 86°44'42" EAST, 578.19 FEET) TO THE SOUTHWEST CORNER OF LOT 21 IN SAID TOUCHDOWN RIDGE SUBDIVISION; THENCE LEAVING SAID NORTH RIGHT OF WAY, AND FOLLOWING THE WEST LINE OF SAID TOUCHDOWN RIDGE SUBDIVISION, NORTH 08'55'38" WEST, 305.10 FEET; THENCE CONTINUING ALONG Il THE WEST LINE OF SAID TOUCHDOWN RIDGE SUBDIVISION, NORTH 24°20'04" EAST, 313.81 FEET; THENCE CONTINUING ALONG THE WEST LINE OF SAID TOUCHDOWN RIDGE SUBDIVISION, NORTH 04'33'09" EAST, 536.38 FEET TO THE POINT OF BEGINNING, BEING SUBJECT TO ANY EASEMENTS OF RECORD. W I DOES HEREBY SUBDIVIDE SAID TRACT INTO LOTS AND RIGHT-OF-WAY AS SHOWN HEREON, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS HEREBY NAMED "TOUCHDOWN RIDGE 2.' AREAS SHOWN HEREON AS RIGHT-OF-WAY ARE HEREBY DEDICATED TO THE CITY OF CAPE GIRARDEAU, MISSOURI, IN PERPETUITY FOR PUBLIC PURPOSES. THE UTILITY EASEMENTS SHOWN HEREON ARE HEREBY GRANTED TO THE W CITY OF CAPE GIRARDEAU, MISSOURI, IN PERPETUITY FOR PUBLIC PURPOSES, INCLUDING THE INSTALLATION, J MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF CITY WATER AND SEWER SYSTEMS, AND AS MAY BE J AUTHORIZED BY THE CITY OF CAPE GIRARDEAU, MISSOURI, TO BE USED BY A PUBLIC OR PRIVATE UTILITY I PROVIDER FOR PURPOSES RELATED TO THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF SUCH UTILITY SYSTEMS. ACCESS TO LOT A SHALL BE PROVIDED BY A PRIVATE EASEMENT AS Q SET OUT IN A SEPARATE INSTRUMENT ON FILE IN THE LAND RECORDS OF SAID COUNTY. THE SUBDIVISION SHALL BE SUBJECT TO COVENANTS AND RESTRICTIONS AS SET OUT IN A SEPARATE INSTRUMENT ON FILE IN J THE LAND RECORDS OF SAID COUNTY. RYLAND R. MEYR, TRUSTEE I THE AMENDMENT AND RESTATEMENT OF THE RYLAND R. MEYR VOLUNTARY TRUST AGREEMENT OF DECEMBER 29, 2006 STATE OF MISSOURI ) I ) SS. COUNTY OF CAPE GIRARDEAU ) ON THIS _ __ DAY OF ___________ _ A.D. 20__, BEFORE ME PERSONALLY APPEARED RYLAND R. MEYR, WHO, BEING BY ME DULY SWORN, DID STATE THAT HE IS THE TRUSTEE OF THE AMENDMENT AND RESTATEMENT OF THE RYLAND R. MEYR VOLUNTARY TRUST AGREEMENT OF DECEMBER 29, 2006, AND THAT HE EXECUTED THE FOREGOING INSTRUMENT AS THE FREE ACT AND DEED OF SAID TRUST. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL IN THE AFORESAID STATE AND COUNTY, THE DATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRES _______________________ ---------------------------------------------- NOTARY PUBLIC I, _ _ CITY CLERK OF THE CITY OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE CITY OF CAPE GIRARDEAU, MISSOURI, BY ORDINANCE N0. ______- PASSED AND APPROVED THIS ____ DAY OF -------------- A.D. 20__. CURVE TABLE CURVE # LENGTH RADIUS I DELTA CHORD DIRECTION CHORD LENGTH C12 123.00' 475.00' 14'50'11 S11' 58' 15"W 122.66' C13 34.56' 22.00' 90'00'00" N40' 26' 51"W 31.11' C14 34.56' 22.00' 90'00'00" N49' 33' 09"E 31.11' C15 19.70' 525.00' 2'08'59" N05' 37' 39"E 19.70' C16 51.36' 525.00' 5'36'19" N21' 31' 55"E 51.34' C17 66.58' 225.00' 16'57'20" N15' 51' 24"E 66.34' C18 41.71' 225.00' 10'37'20" NO2' 04' 05"E 41.65' C19 34.91' 22.00' 90'55'40" N48' 42' 25"W 31.36' C20 579.14' 2925.00' 11'20'39" N86' 44' 42"E 578.19' C21 62.73' 150.00' 23'57'41" N77' 38' 46"W 62.27' C22 86.81' 1250.00' 3'58'45" N87' 38' 14"W 86.79' CITY CLERK, CITY OF CAPE GIRARDEAU, MISSOURI STATE OF MISSOURI ) SS. COUNTY OF CAPE GIRARDEAU ) FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF DEEDS OF CAPE GIRARDEAU COUNTY, MISSOURI, IN 1 DOCUMENT N0. AT JACKSON, MISSOURI, ON THIS _____ DAY OF A.D. 20___. ---------------------------------------------- ANDREW DAVID BLATTNER RECORDER OF DEEDS OF CAPE GIRARDEAU COUNTY, MISSOURI 1 KEYED NOTES ITEM NOTE A 30' FRONT SETBACK (TYPICAL) PLAT REFERENCES B 25' REAR SETBACK (TYPICAL) TOUCHDOWN RIDGE SUBDIVISION 1 C 6' SIDE SETBACK (TYPICAL) DOC. NO. 2016-00194 D 10' REAR SETBACK (NON -TYPICAL) PERMANENT SANITARY SEWER EASEMENT DOC. NO. 2016-05041 E 25' SIDE SETBACK (NON -TYPICAL) ONEW 10' PRIVATE STORMWATER EASEMENT AND PUBLIC UTILITY & SEWER EASEMENT (TYPICAL) ONEW 20' PRIVATE STORMWATER EASEMENT AND PUBLIC UTILITY & SEWER EASEMENT (NON -TYPICAL) OSETBACK ADJUSTED TO ALIGN WITH EXISTING EASEMENT /O SETBACK ADJUSTED TO ALIGN WITH NEW EASEMENT ONEW PRIVATE STORMWATER EASEMENT AND PUBLIC UTILITY & SEWER EASEMENT (NON -TYPICAL) THIS SURVEY OF A TRACT OF URBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE CURRENT STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN THE STATE OF MISSOURI AS MADE EFFECTIVE JUNE 30, 2017. Staff: Ryan Shrimplin, AICP - City Agenda: Planner4/5/2021 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 on Hawthorne Road, in the City and County of Cape Girardeau, Missouri, from R-1 to R-3. EXECUTIVE SUMMARY The attached ordinance rezones property on Hawthorne Road. The applicant is requesting that the property be rezoned from R-1 (Single -Family Suburban Residential District) to R-3 (High Density Single -Family Residential District). The City Councif s public hearing on the rezoning request was held on April 5, 2021. BACKGROUND/DISCUSSION A rezoning application has been submitted for a property on Hawthorne Road. The applicant is requesting that the property be rezoned from R-1 (Single -Family Suburban Residential District) to R-3 (High Density Single - Family Residential District). The immediately surrounding properties are zoned R-1 (Single -Family Suburban Residential District) to the north, northeast, and west; PD (Planned Development District) to the southeast; and AG (Agricultural District) to the south. This area is characterized by residential, institutional, and recreational uses. The Cape Vision 2040 Future Land Use Map shows the subject property as Low Density Residential. The City Councirs public hearing on the rezoning request was held on April 5, 2021. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS In considering a rezoning request, both the Planning and Zoning Commission and the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. At the time the Cape Vision 2040 comprehensive plan was developed, there were no known plans for the subject property. The Low Density Residential future land use category was assigned to the property based on an assumption it would be developed for a single-family residential subdivision in the future. The applicant recently acquired the property, however, and would like to develop it for duplexes and/or townhouses. Although most of the surrounding residential properties contain single-family dwellings, the Shadow Wood Villas development across the street contains a mix of single-family and duplex lots. Further south on Hawthorne Road, there are several duplexes adjacent to the Arena Park Sports Complex. The mix of single-family dwellings and duplexes along Hawthorne Road makes the proposed zoning district 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 March 10, 2021 and recommended approval of the rezoning request by a vote of 6 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City CounciPs public hearing was advertised in the Southeast Missourian on March 21, 2021. 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: U Hawthome Road Remne.doc Ordinance © Staff Review -Referral -Action Formpdf Hawthorne Road - Staff RRA Form D Map - Zoning - Hawthome Road.pdf Hawthorne Road - Zoning Map © Map - FLU -_Hawthorne Road.pdf Hawthorne Road - FLU Map D RR -1 pdf R-1 District Regulations © RR -3 pdf R-3 District Regulations BILL NO. 21-50 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 ON HAWTHORNE ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM R-1 TO R-3 WHEREAS, the City Planning and Zoning Commission has recommended rezoning all of the property described in Article 1 of this ordinance from R-1, Single -Family Suburban Residential District, to R-3, High Density Single -Family Residential District; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and a public hearing was held on Monday, April 5, 2021; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 of this ordinance from R-1, Single -Family Suburban Residential District, to R-3, High Density Single -Family Residential District. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present R-1, Single -Family Suburban Residential District, to R-3, High Density Single -Family Residential District, for the following described property: THAT PART OF OUT LOT 78-B, U.S.P. SURVEY NO. 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Northeast corner of Out Lot 78-B; thence South 03027122" West, 47.08 feet, to the South Right of Way line of Hopper Road; thence North 86001124" West, 398.00 feet, to the intersection of the South Right of Way line of Hopper Road and the West Right of Way line of Hawthorne Road; thence South 03027'22" West, 199.90 feet to the Point of Beginning; thence continue South 03027'22" West, 263.57 feet; thence leaving said Right of Way on Hawthorne Road, South 87°51100" West, 470.67 feet; thence North 03038'31" East, 190.53 feet; thence South 86010'11" East, 88.60 feet; thence North 02047'03" East, 173.97 feet; thence South 86001124" East, 277.79 feet; thence South 02°55'51" West, 50.90 feet; thence South 86°01'24" East, 103.01 feet to the Point of Beginning and containing 3.18 acres, more or less. ARTICLE 2. The City Council hereby finds and declares that the property described in Article 1 of this ordinance is at the present time particularly suitable for the purposes and uses of the R-3, High Density Single -Family Residential District, and that such changes authorized hereby are reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2021. 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. 1412 LOCATION: Hawthorne Road STAFF REVIEW car COMMENTS: A. G. Jones Properties, LLC is requesting to rezone a parcel between 937 & 2901 Hawthorne Road from R-1 (Single-family Suburban Residential) to R-3 (High Density Single-family Residential). SEE STAFF REPORT FOR FURTHER INFORMATION _ ZlZ s/Zl City Planner V Date City A me Date CITY MANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION: Manager Date VOTE COUNT: Favor COMMENTS: CITIZENS COMMENTING AT MEETING: Oppose_ Abstain City Council Action Posting Dates: Sign Newspaper Public Hearing Date: Ordinance I" Reading Ordinance 2nd & 3rd Reading: _ VOTE COUNT: Favor Oppose ORDINANCE # Effective Date: Abstain Planning & Zoning Commission Public Hearing Sign Posting Date: 3 - Z % Public Hearing Date: 37 -10 RECOMMENDED ACTION: FavV Oppose Abstain Favor Oppose Abstain Scott Blank © ❑ ❑ Melissa Stickel L11, ❑ ❑ Kevin Greaser ❑ ❑ ❑ Ed Thompson Ci ❑ ❑ Derek Jackson CEK ❑ ❑ Sid Whittington a,' ❑ ❑ Patrick Koetting ❑ ❑ ❑ Deborah Young i ❑ ❑ Bruce Skinner ❑ ❑ ❑ VOTE COUNT: Favor COMMENTS: CITIZENS COMMENTING AT MEETING: Oppose_ Abstain City Council Action Posting Dates: Sign Newspaper Public Hearing Date: Ordinance I" Reading Ordinance 2nd & 3rd Reading: _ VOTE COUNT: Favor Oppose ORDINANCE # Effective Date: Abstain Rezoning Request Hawthorne Road Requested Rezoning from R-1 (Single -Family Suburban Residential) to R-3 (High Density Single -Family Residential) Future Land Use Recommendation: Low Density Residential 2880 R1 C1 3013 ® 03007 2975 0 R1 R1 R1 A R1 R1 ® 50 N R1 W. E S 2 R1 R1 a� CITYOf CAPE G I R A R D E A U Created By: Carol Peters /F Planning Services Division February 9, 2021 70 140 280 Fee R1 Hopp Rd _ 4PI, f ,. 0 883 2879 288 0 0873 2871 o R10 - R1 R1 R1 0 86 R1 2865 2885 p 37 0 0 R1 R1 2992 R1 lR1Y Q) c o cu PD .f R1 0 ©2 60932 P928 PD Shadow Wo od Ln p PD PC 2935 E o ! PD 0 9029 7 PD - PD Legend AG Q Area to be Rezoned 2 Parcels Zoning District 4 AG 2 C1 PD R1 Rezoning Request Hawthorne Road Requested Rezoning from R-1 (Single -Family Suburban Residential) to R-3 (High Density Single -Family Residential) Future Land Use Recommendation: Low Density Residential 2880 0 Parks, Recreation, Open Space Institutional SuburbanM 6,, Hopper Rd . 3013 3007 0 2975 0 2883 0 2879 0 2873 288 Low ensity Resi ntial 0 2871 Low Density Resi ential Lo Densi� Re idential Low ensity Resid ntialLo9v Dens y sid ntial 286 0 Institutional 2865 0 Low ensity Resi ential 288 937 Pa ow ensity Resid ntial L w Density Residenti 1 0 Low ensit)PResid ial X 2992 N 0 Low Density Residential `. Me ium De sity esidential dip Densit Resi ential Medium Dei ity es ential2 8 2 6 2932 edium rRit RAident al 292@ 0 arks, Recreation, Open Spacr „. Shadow Wood Ln Me i#l• De it Residential Lo Density Reside ial 2935 © 56 _: 0 iu Density Res entia N rl 2 9 29 7 nsity Residen ial 0 0 Mediu Densit Resi n W_$ % .E Legend S Area to be Rezoned 2 Parks, Recreation, Open SpaceParcels 1 LowCITYOfCAPE 2040 FLU Recommendation s G I R A R D E A U Institutional 04 Created By: Carol Peters Suburban Mixed Use Planning Services Division 02 February 9, 2021 Parks, Recreation, Open Space Medium Density Residential /0 70 140 280 Feet Low Density Residential 0c 6/22/2020 Cape Girardeau, MO Code of Ordinances Sec. 30-322. - R-1, single-family suburban residential district. (a) Purpose. The R-1 district is intended primarily for single-family detached dwellings with a maximum density of four (4) units per acre. It is designed to provide for quality single-family residential neighborhoods in a conventional subdivision setting, while encouraging a mix of housing styles, designs and development. Certain other structures and uses necessary to serve the area are allowed as permitted uses or through the approval of a special use permit, subject to restrictions intended to preserve and protect the single-family residential character of the district. (b) Permitted principal uses. (1) Single-family detached dwelling, with only one (1) dwelling per lot. (2) Cluster subdivisions, as permitted in chapter 25 of the City Code. (3) Golf courses; this shall not include separate miniature golf courses, driving ranges and other similar activities operated as a business. (4) Public parks, playgrounds, and recreational facilities. (5) Police and fire stations. (6) Elementary and middle schools, or development centers for elementary and middle school age children with handicaps or development disabilities, on a minimum of five (5) acres of land. (7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and outdoor recreational facilities, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners association. (8) Home for eight (8) or fewer unrelated mentally or physically handicapped persons, including no more than two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the handicapped persons residing in the home, provided that: a. The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood; and b. Such home shall not be located closer than three hundred seventy (370) feet to any other such home. (9) A private residence licensed by the Missouri Division of Family Services or Missouri Department of Mental Health to provide foster care to one (1) or more, but less than seven (7), children who are unrelated to either foster parent by blood, marriage or adoption, provided that all applicable building and safety codes are met and an occupancy permit issued therefor. (c) Permitted accessory uses. (1) Private garages, carports and accessory structures, as permitted in section 30-403, supplemental regulations. (2) In home elderly care, with a maximum of three (3) persons as permitted in section 30-411, supplemental regulations. (3) Home occupations, as permitted in section 30-405, supplemental regulations. (4) Home day cares, with no more than four (4) unrelated children in a twenty-four (24) hour period as permitted in section 30-408, supplemental regulations. (5) Solar energy systems, as permitted in section 30-410, supplemental regulations. (6) Short term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. 1/2 6/22/2020 Cape Girardeau, MO Code of Ordinances (d) Special uses. (1) Home day cares, with five (5) or more unrelated children in a twenty-four (24) hour period, as permitted in section 30-408, supplemental regulations. (2) Libraries, on a minimum of two (2) acres of land. (3) Cemeteries, on a minimum of ten (10) acres of land. (4) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. (5) 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. (6) 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: Two and one-half (21/2) stories not to exceed thirty-five (35) feet. (2) Minimum lot area: Ten thousand (10,000) square feet. (3) Maximum density: Four (4) units per one (1) acre. Higher densities may be approved with a cluster subdivision, as permitted in chapter 25 of the City Code. (4) Minimum lot width: Eighty (80) feet. (5) Minimum yard requirements: a. Frontyard: Thirty (30) feet. b. Rear yard: Twenty-five (2 5) feet. c. Side yard: Six (6) feet. (f) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 5012, art. 4, 10-2-17) Editor's note— Ord. No. 5012, art. 4, adopted Oct. 2, 2017, repealed the former § 30-322 and enacted a new section as set out herein. The former § 30-322 pertained to similar subject matter and derived from Ord. No. 4109, art. 2, adopted March 1, 2010; Ord. No. 4149, art. 4, adopted Aug. 16, 2010; and Ord. No. 4206, art. 7, adopted March 7, 2011. 2/2 Sec. 30-324. - R-3, high density single-family residential district. (a) Purpose. This district is intended to accommodate single-family, two-family and townhouse residential developments at maximum densities of up to nine (9) units per acre. This district will serve as a transition between lower density and higher density residential districts. Certain other structures and uses necessary to serve the area are allowed as permitted uses or through the approval of a special use permit, subject to restrictions intended to preserve and protect the residential character of this district. (b) Permitted principal uses. (1) Single-family detached dwellings, with only one (1) dwelling per lot. (2) Duplexes, two-family dwelling units. (3) Townhouses. (4) Cluster subdivisions, as permitted in chapter 25 of the City Code. (5) Public parks, playgrounds, and recreational facilities. (6) Police and fire stations. (7) Elementary and middle schools, or development centers for elementary and middle school age children with handicaps or development disabilities, on a minimum of five (5) acres of land. (8) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and outdoor recreational facilities, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners association. (9) Home for eight (8) or fewer unrelated mentally or physically handicapped persons, including no more than two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the handicapped persons residing in the home, provided that: a. The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood; and b. Such home shall not be located closer than three hundred seventy (370) feet to any other such home. (10) A private residence licensed by the Missouri Division of Family Services or Missouri Department of Mental Health to provide foster care to one (1) or more, but less than seven (7), children who are unrelated to either foster parent by blood, marriage or adoption, provided that all applicable building and safety codes are met and an occupancy permit issued therefor. (c) Permitted 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) Home day cares, with no more than four (4) unrelated children in a twenty -four-hour period as permitted in section 30-408, supplemental regulations. (4) In home elderly care, with a maximum of three (3) persons as permitted in section 30-411, supplemental regulations. (5) Solar energy systems, as permitted in section 30-410, supplemental regulations. (6) Short term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (d) Special uses. (1) Home day cares, with five (5) or more unrelated children, as permitted in section 30-408, supplemental regulations. (2) Bed and breakfasts. (3) Cemeteries, on a minimum of ten (10) acres of land. (4) Transitional housing. (5) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. (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 requirements. (1) Maximum height.- a. eight:a. When side yards are less than fifteen (15) feet in width, two and one-half (2Yz) stories not to exceed thirty-five (35) feet. b. When side yards are fifteen (15) feet in width or greater, three (3) stories, not to exceed forty-five (45) 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. Duplexes, three thousand seven hundred fifty (3,750) square feet per unit. c. Single-family, five thousand (5,000) square feet. (3) Maximum density: Nine (9) units per one (1) acre. Higher densities may be approved with a cluster subdivision as permitted in chapter 25 of the City Code. (4) Minimum lot width: a. Townhouses and duplexes., Twenty (20) feet. b. All other uses: Thirty (30) feet. (5) Minimum yard requirements: a. Front yard: 1. Each townhouse: Ten (10) feet. 2. All other uses: Twenty (20) feet. b. Rear yard: 1. Each townhouse: Twenty (20) feet. 2. All other uses: Twenty (20) feet. c. Side yard: 1. Townhouses and duplexes: None. 2. All other uses: Three (3) feet. (f) Open space, landscaping and bufferyard requirements. For any nonresidential uses: (1) A minimum of twenty (20) percent of the total lot area shall be devoted to open space, including required yard and buffer yards. (2) Landscaping, shall be provided as required in chapter 25 of the City Code. (3) A 20 -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, or R-2 zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. (g) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 5012, art. 4,10-2-17) Editor's note— Ord. No. 5012, art. 4, adopted Oct. 2, 2017, repealed the former § 30-324 and enacted a new section as set out herein. The former § 30- 324 pertained to similar subject matter and derived from Ord. No. 4109, art. 2. adopted March 1, 2010; Ord. No. 4149, art. 4. adopted Aug. 16, 2010; and Ord. No. 4206, arts. 7, 9, adopted March 7, 2011. Staff: Kelly Green, P.E., City Engineer Agenda: 4/5/2021 SUBJECT An Ordinance accepting two Permanent Utility Easements from JMD Industries, Inc. and Midamerica Highway K, LLC, for property located at 4072 State Highway K, in the City of Cape Girardeau, Missouri. BACKGROUND/DISCUSSION JMD Industries, Inc. and Midamerica Highway I,, LLC have agreed to grant the City of Cape Girardeau Permanent Utility Easements. I a I► a ► I►/ M. 1 JMD Industries, Inc. and Midamerica Highway K, LLC are donating the easements. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The easements are necessary to grant the City the right to excavate, build, construct, operate, maintain, and repair the systems and its related components in the easement area. STAFF RECOMMENDATION Staff recommends approval of the attached Ordinance accepting two Permanent Utility Easements for 4072 State Highway K, in Cape Girardeau, Missouri. ATTACHMENTS: Name: Description: D PUEL1.4072StateHwyK..doc Ordinance D 4072 State Hwy_K JMD Industries PUE 2.12df Easement D 4072 State _Hwy_K PUE.ndf Easement D MidAmerica Hotels Easement ELibit (21.ndf exhibit BILL NO. 21-51 ORDINANCE NO. AN ORDINANCE ACCEPTING TWO PERMANENT UTILITY EASEMENTS FROM JMD INDUSTRIES, INC., AND MIDAMERICA HIGHWAY K, LLC, FOR PROPERTY LOCATED AT 4072 STATE HIGHWAY K, 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, two Permanent Utility Easements from JMD Industries, Inc., and Midamerica Highway K, LLC, for property located at 4072 State Highway K, in the City of Cape Girardeau, Missouri, described as follows: DESCRIPTION - EASEMENT 1 - Midamerica State Highway K, LLC THAT PART OF THE NORTH HALF OF FRACTIONAL SECTION 3, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND SQUARE CUT SANDSTONE AT THE INTERSECTION OF THE NORTH LINE OF FRACTIONAL SECTION 3 AND THE WEST LINE OF UNITED STATES PRIVATE SURVEY #3090; THENCE WITH SAID NORTH LINE OF FRACTIONAL SECTION 3, SOUTH 89042'38" WEST, 803.50 FEET TO A FOUND SQUARE CUT SANDSTONE ON THE NORTH LINE OF SAID SECTION 3; THENCE CONTINUING WITH SAID NORTH LINE, SOUTH 89039'27" WEST, 232.39 FEET, TO THE NORTHEAST CORNER OF THE PARCEL RECORDED IN DOCUMENT NO. 2019- 06136 IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY MISSOURI; THENCE LEAVING SAID NORTH LINE AND WITH THE EAST LINE OF SAID PARCEL, SOUTH 00008'19" EAST, 252.79 FEET; THENCE SOUTH 31034'09" WEST, 99.29 FEET; THENCE SOUTH 00029'48" EAST, 174.11 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00029'48" EAST, 10.00 FEET; THENCE LEAVING SAID EAST LINE, NORTH 78054'15" WEST, 10.21 FEET; THENCE NORTH 00029'48" WEST, 7.95 FEET; THENCE NORTH 89030'12" EAST, 10.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 90 SQUARE FEET, MORE OR LESS. DESCRIPTION - EASEMENT 2 - JMD Industries, INC. THAT PART OF THE NORTH HALF OF FRACTIONAL SECTION 3, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND SQUARE CUT SANDSTONE AT THE INTERSECTION OF THE NORTH LINE OF FRACTIONAL SECTION 3 AND THE WEST LINE OF UNITED STATES PRIVATE SURVEY #3090; THENCE WITH SAID NORTH LINE OF FRACTIONAL SECTION 3, SOUTH 89042'38" WEST, 803.50 FEET TO A FOUND SQUARE CUT SANDSTONE ON THE NORTH LINE OF SAID SECTION 3; THENCE CONTINUING WITH SAID NORTH LINE, SOUTH 89039'27" WEST, 232.39 FEET, TO THE NORTHEAST CORNER OF THE PARCEL RECORDED IN DOCUMENT NO. 2019- 06136 IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY MISSOURI; THENCE CONTINUING ALONG SAID NORTH LINE, AND WITH THE NORTH LINE OF SAID PARCEL, SOUTH 89039'27" WEST, 594.11 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE LEAVING SAID NORTH LINES AND WITH THE WEST LINE OF SAID PARCEL, SOUTH 00040'17" EAST, 408.46 FEET TO A POINT ON THE NORTH LINE OF MISSOURI STATE ROUTE 'K', ALSO BEING THE SOUTHWEST CORNER OF SAID PARCEL; THENCE LEAVING SAID WEST LINE, AND WITH SAID NORTH LINE OF MISSOURI STATE ROUTE 'K', NORTH 74045'20" WEST, 30.10 FEET; THENCE LEAVING SAID NORTH LINE OF MISSOURI STATE ROUTE 'K', SOUTH 15015'33" WEST, 105.00 FEET TO A POINT ON THE SOUTH LINE OF MISSOURI STATE ROUTE 'K', ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING, SOUTH 15015'33" WEST, 32.54 FEET; THENCE NORTH 74044'27" WEST, 20.00 FEET; THENCE NORTH 15015'33" EAST, 32.54 FEET TO A POINT ON SAID SOUTH LINE OF MISSOURI STATE ROUTE 'K'; THENCE WITH SAID SOUTH LINE, SOUTH 74045'20" EAST, 20.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 651 SQUARE FEET, MORE OR LESS. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk 2021. PERMANENT UTILITY EASEMENT 4072 State Highway K Cape Girardeau MO KNOW ALL PERSONS BY THESE PRESENTS: JMD INDUSTRIES, INC. a Missouri Corporation in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter referred to as the "City", the right, privilege, permission and authority to enter on and upon the following described property, located at 4072 State Highway K, which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit: DESCRIPTION - EASEMENT 2 THAT PART OF THE NORTH HALF OF FRACTIONAL SECTION 3, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND SQUARE CUT SANDSTONE AT THE INTERSECTION OF THE NORTH LINE OF FRACTIONAL SECTION 3 AND THE WEST LINE OF UNITED STATES PRIVATE SURVEY #3090; THENCE WITH SAID NORTH LINE OF FRACTIONAL SECTION 3, SOUTH 89°42'38" WEST, 803.50 FEET TO A FOUND SQUARE CUT SANDSTONE ON THE NORTH LINE OF SAID SECTION 3; THENCE CONTINUING WITH SAID NORTH LINE, SOUTH 89°39'27" WEST, 232.39 FEET, TO THE NORTHEAST CORNER OF THE PARCEL RECORDED IN DOCUMENT NO. 2019-06136 IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY MISSOURI; THENCE CONTINUING ALONG SAID NORTH LINE, AND WITH THE NORTH LINE OF SAID PARCEL, SOUTH 89°39'27" WEST, 594.11 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE LEAVING SAID NORTH LINES AND WITH THE WEST LINE OF SAID PARCEL, SOUTH 00°40'17" EAST, 408.46 FEET TO A POINT ON THE NORTH LINE OF MISSOURI STATE ROUTE 'K', ALSO BEING THE SOUTHWEST CORNER OF SAID PARCEL; THENCE LEAVING SAID WEST LINE, AND WITH SAID NORTH LINE OF MISSOURI STATE ROUTE 'K', NORTH 74°45'20" WEST, 30.10 FEET; THENCE LEAVING SAID NORTH LINE OF MISSOURI STATE ROUTE 'K', SOUTH 15°15'33" WEST, 105.00 FEET TO A POINT ON THE SOUTH LINE OF MISSOURI STATE ROUTE 'K', ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING, SOUTH 15°15'33" WEST, 32.54 FEET; THENCE NORTH 74°44'27" WEST, 20.00 FEET; THENCE NORTH 15°15'33" EAST, 32.54 FEET TO A POINT ON SAID SOUTH LINE OF MISSOURI STATE ROUTE'K; THENCE WITH SAID SOUTH LINE, SOUTH 74°45'20" EAST, 20.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 651 SQUARE FEET, 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 the City, its agents, servants, and assigns to use said property to excavate, build, construct and maintain certain improvements, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith, as shown on the plans and specifications on file in the Office of the City Engineer. This easement and the right, privilege, permission and authority herein granted are perpetual and shall run with the land. The undersigned covenant that it is the owner in fee simple of the above described property and has the legal right to convey the same. IN WITNESS WHEREOF, the undersigned has executed this easement this day of 12021. JMD INDUSTRIES, INC. Un STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, that on this of 2021 before me, the undersigned notary public, personally appeared, , who being by me duly sworn, did state that they are authorized to sign on behalf of JMD INDUSTRIES, INC. a Missouri Corporation, and that the within instrument was executed on behalf of said JMD INDUSTRIES, INC., a Missouri Corporation, and acknowledged that it has executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. My Commission Expires: PERMANENT UTILITY EASEMENT 4072 State Highway K Cape Girardeau MO KNOW ALL PERSONS BY THESE PRESENTS: Midamerica Highway K, LLC a Missouri Limited Liability Company in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter referred to as the "City", the right, privilege, permission and authority to enter on and upon the following described property, located at 4072 State Highway K, which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit: DESCRIPTION - EASEMENT 1 THAT PART OF THE NORTH HALF OF FRACTIONAL SECTION 3, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND SQUARE CUT SANDSTONE AT THE INTERSECTION OF THE NORTH LINE OF FRACTIONAL SECTION 3 AND THE WEST LINE OF UNITED STATES PRIVATE SURVEY #3090; THENCE WITH SAID NORTH LINE OF FRACTIONAL SECTION 3, SOUTH 89°42'38" WEST, 803.50 FEET TO A FOUND SQUARE CUT SANDSTONE ON THE NORTH LINE OF SAID SECTION 3; THENCE CONTINUING WITH SAID NORTH LINE, SOUTH 89°39'27" WEST, 232.39 FEET, TO THE NORTHEAST CORNER OF THE PARCEL RECORDED IN DOCUMENT NO. 2019-06136 IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY MISSOURI; THENCE LEAVING SAID NORTH LINE AND WITH THE EAST LINE OF SAID PARCEL, SOUTH 00°08'19" EAST, 252.79 FEET; THENCE SOUTH 31°34'09" WEST, 99.29 FEET; THENCE SOUTH 00°29'48" EAST, 174.11 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°29'48" EAST, 10.00 FEET; THENCE LEAVING SAID EAST LINE, NORTH 78°54'15" WEST, 10.21 FEET; THENCE NORTH 00°29'48" WEST, 7.95 FEET; THENCE NORTH 89030'12" EAST, 10.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 90 SQUARE FEET, 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 the City, its agents, servants, and assigns to use said property to excavate, build, construct and maintain certain improvements, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith, as shown on the plans and specifications on file in the Office of the City Engineer. This easement and the right, privilege, permission and authority herein granted are perpetual and shall run with the land. The undersigned covenant that it is the owner in fee simple of the above described property and has the legal right to convey the same. IN WITNESS WHEREOF, the undersigned has executed this easement this day of , 2021. Midamerica Highway K, LLC 1M STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, that on this of 2021 before me, the undersigned notary public, personally appeared, , who being by me duly sworn, did state that they are authorized to sign on behalf of Midamerica Highway K, LLC a Missouri Limited Liability Company, and that the within instrument was executed on behalf of said Midamerica Highway K, LLC a Missouri Limited Liability Company, and acknowledged that it has executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. My Commission Expires: ISSMH-A3F L7� ' L6J S89°39'27"W 826.49' S89'39'27"W 594.11' I. ■ 00 CD 4072 STATE 16HWAY K NOW OR FORMERLY LLJ MIPAMERIC.A t1lEliWAY K, LLC. r POC.UMENT NO. 2019-0/(6136 M O O O U7 ' ---L-N74°45'20"W 30.10 W°15'33"W 105.00' _ POINT OF BEGINNING EASEMENT 2 -L5 EASEMENT 2 CO ® 651 S.F. 1 NOW OR FORMERLY JMP INPUSTRIES, INC. OC.Uv1ENT NO. 533-469 (PARENT TRACT) LINE TABLE LINE # DIRECTION LENGTH L1 S00° 29' 48"E 10.00' L2 N78° 54' 15"W 10.21' L3 N00° 29' 48"W 7.95' L4 N89° 30' 12"E 10.00' L5 S15° 15' 33"W 32.54' L6 N74* 44' 27"W 20.00' L7 N15° 15' 33"E 32.54' L8 S74° 45' 20"E 20.00' SSSMH-A4 OUTF K 0 -4- N N S89°39'27"W 232.39' S89°42'38"W 803.50' (NTS) 0 I POINT OF COMMENCMENT; FOUND CUT SANDSTONE AT THE HE CORNER OF FRACTIONAL SECTION 3; TOWNSHIP 30 NORTH, RANGE 13 EAST; ON THE WEST LINE OF USPS #3090. N O O W E Q 0 S NORTH ORIENTATION IN ACCORDANCE WITH THE MISSOURI STATE PLANE COORDINATE SYSTEM EAST ZONE uj J 0 100' 200' HORIZONTAL SCALE W Description of Easements v DESCRIPTION - EASEMENT 1 EASEMENT 1 �q�� AL2 L1 \qU SSMH-A5 \ \q CV\ DESCRIPTION - EASEMENT 2 THAT PART OF THE NORTH HALF OF FRACTIONAL SECTION 3, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND SQUARE CUT SANDSTONE AT THE INTERSECTION OF THE NORTH LINE OF FRACTIONAL SECTION 3 AND THE WEST LINE OF UNITED STATES PRIVATE SURVEY #3090; THENCE WITH SAID NORTH LINE OF FRACTIONAL SECTION 3, SOUTH 89'42'38" WEST, 803.50 FEET TO A FOUND SQUARE CUT SANDSTONE ON THE NORTH LINE OF SAID SECTION 3; THENCE CONTINUING WITH SAID NORTH LINE, SOUTH 89'39'27" WEST, 232.39 FEET, TO THE NORTHEAST CORNER OF THE PARCEL RECORDED IN DOCUMENT NO. 2019-06136 IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY MISSOURI; THENCE CONTINUING ALONG SAID NORTH LINE, AND WITH THE NORTH LINE OF SAID PARCEL, SOUTH 89'39'27" WEST, 594.11 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE LEAVING SAID NORTH LINES AND WITH THE WEST LINE OF SAID PARCEL, SOUTH 00'40'17" EAST, 408.46 FEET TO A POINT ON THE NORTH LINE OF MISSOURI STATE ROUTE 'K', ALSO BEING THE SOUTHWEST CORNER OF SAID PARCEL; THENCE LEAVING SAID WEST LINE, AND WITH SAID NORTH LINE OF MISSOURI STATE ROUTE 'K', NORTH 74'45'20" WEST, 30.10 FEET; THENCE LEAVING SAID NORTH LINE OF MISSOURI STATE ROUTE 'K', SOUTH 15'15'33" WEST, 105.00 FEET TO A POINT ON THE SOUTH LINE OF MISSOURI STATE ROUTE 'K', ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING, SOUTH 15'15'33" WEST, 32.54 FEET; THENCE NORTH 74'44'27" WEST, 20.00 FEET; THENCE NORTH 15'15'33" EAST, 32.54 FEET TO A POINT ON SAID SOUTH LINE OF MISSOURI STATE ROUTE 'K; THENCE WITH SAID SOUTH LINE, SOUTH 74'45'20" EAST, 20.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 651 SQUARE FEET, MORE OR LESS. x W 0 E N W U z 0 z w Cn 0 z J ,z V Z d' w w z z w om M O U �p C'� 0 in2M o C t6 r m N LL C a aN 0 M o p1 U c? s E N C M Y C J � w o U o Urn a � ti r Z M W N 2 co r Qwp N W 0 w zr o LL < o o r THAT PART OF THE NORTH HALF OF FRACTIONAL SECTION 3, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE S31 `34'09"W 99.29' FIFTH PRINCIPAL MERIDIAN, IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: C NOW OR FORMERLY COMMENCING AT A FOUND SQUARE CUT SANDSTONE AT THE INTERSECTION OF THE NORTH LINE OF FRACTIONAL 1 JMP INPUSTRIES, INC.. PO6XNENT NO. 533-4G9 SECTION 3 AND THE WEST LINE OF UNITED STATES PRIVATE SURVEY #3090; THENCE WITH SAID NORTH LINE OF (PARENT TRACT) FRACTIONAL SECTION 3, SOUTH 89'42'38" WEST, 803.50 FEET TO A FOUND SQUARE CUT SANDSTONE ON THE NORTH LINE OF SAID SECTION 3; THENCE CONTINUING WITH SAID NORTH LINE, SOUTH 89'39'27" WEST, 232.39 FEET, TO THE NORTHEAST CORNER OF THE PARCEL RECORDED IN DOCUMENT NO. 2019-06136 IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY MISSOURI; THENCE LEAVING SAID NORTH LINE AND WITH THE EAST LINE w OF SAID PARCEL, SOUTH 00'08'19" EAST, 252.79 FEET; THENCE SOUTH 31'34'09" WEST, 99.29 FEET; THENCE 00 SOUTH 00'29'48" EAST, 174.11 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00'29'48" EAST, 10.00 FEET; N POINT OF BEGINNING THENCE LEAVING SAID EAST LINE, NORTH 78'54'15" WEST, 10.21 FEET; THENCE NORTH 00'29'48" WEST, 7.95 EASEMENT 1 FEET; THENCE NORTH 89'30'12" EAST, 10.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 90 SQUARE FEET, MORE OR LESS. EASEMENT 1 �q�� AL2 L1 \qU SSMH-A5 \ \q CV\ DESCRIPTION - EASEMENT 2 THAT PART OF THE NORTH HALF OF FRACTIONAL SECTION 3, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND SQUARE CUT SANDSTONE AT THE INTERSECTION OF THE NORTH LINE OF FRACTIONAL SECTION 3 AND THE WEST LINE OF UNITED STATES PRIVATE SURVEY #3090; THENCE WITH SAID NORTH LINE OF FRACTIONAL SECTION 3, SOUTH 89'42'38" WEST, 803.50 FEET TO A FOUND SQUARE CUT SANDSTONE ON THE NORTH LINE OF SAID SECTION 3; THENCE CONTINUING WITH SAID NORTH LINE, SOUTH 89'39'27" WEST, 232.39 FEET, TO THE NORTHEAST CORNER OF THE PARCEL RECORDED IN DOCUMENT NO. 2019-06136 IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY MISSOURI; THENCE CONTINUING ALONG SAID NORTH LINE, AND WITH THE NORTH LINE OF SAID PARCEL, SOUTH 89'39'27" WEST, 594.11 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE LEAVING SAID NORTH LINES AND WITH THE WEST LINE OF SAID PARCEL, SOUTH 00'40'17" EAST, 408.46 FEET TO A POINT ON THE NORTH LINE OF MISSOURI STATE ROUTE 'K', ALSO BEING THE SOUTHWEST CORNER OF SAID PARCEL; THENCE LEAVING SAID WEST LINE, AND WITH SAID NORTH LINE OF MISSOURI STATE ROUTE 'K', NORTH 74'45'20" WEST, 30.10 FEET; THENCE LEAVING SAID NORTH LINE OF MISSOURI STATE ROUTE 'K', SOUTH 15'15'33" WEST, 105.00 FEET TO A POINT ON THE SOUTH LINE OF MISSOURI STATE ROUTE 'K', ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING, SOUTH 15'15'33" WEST, 32.54 FEET; THENCE NORTH 74'44'27" WEST, 20.00 FEET; THENCE NORTH 15'15'33" EAST, 32.54 FEET TO A POINT ON SAID SOUTH LINE OF MISSOURI STATE ROUTE 'K; THENCE WITH SAID SOUTH LINE, SOUTH 74'45'20" EAST, 20.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 651 SQUARE FEET, MORE OR LESS. x W 0 E N W U z 0 z w Cn 0 z J ,z V Z d' w w z z w om M O U �p C'� 0 in2M o C t6 r m N LL C a aN 0 M o p1 U c? s E N C M Y C J � w o U o Urn a � ti r Z M W N 2 co r Qwp N W 0 w zr o LL < o o r Staff: Stan Polivick, P.E., Public Works Director Agenda: 4/5/2021 SUBJECT An Ordinance amending Chapter 29 Section 5 of the City's Code of Ordinances relating to the Fats, Oils, and Grease (FOG) Program. EXECUTIVE SUMMARY Upon review of the City's Fats, Oils, and Grease (FOG) Program, it was determined to clarify a couple items to coordinate with actual procedures and to implement a monitoring charge in the instance a permitee wishes to change the frequency in which they clean their grease interceptor. FINANCIAL IMPACT Financial impact to the City is zero. Permitees who wish to modify the frequency in which their grease interceptors are cleaned will bear the actual costs of City staff time, materials, and equipment to monitor their interceptor and establish the cleaning schedule. STAFF RECOMMENDATION Staff recommends the Council accept the proposed revisions to Chapter 29 Section 5 of the City of Cape Girardeau`s Code of Ordinances. ATTACHMENTS: Name: Description: ❑ Amendin2_Ch_29 Fat oil and greasecontroLdoc Ordinance ❑ Chapter 29 Section 5 Fats Oil and Grease Revision 032321.docx Chapter 29 Section 5 Ordinance Re\lsion BILL NO. 21-52 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING FAT, OILS, AND GREASE CONTROL BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 29-5 entitled, "Fat, oil and grease control", of Article I of Chapter 29 of the City Code, reading as follows: Sec. 29-5. - Fat, oil, and grease control. (a) Scope and purposes. The objective of this section is to aid in preventing the introduction and accumulation of fats, oils, and greases into the municipal wastewater system which will or tend to cause or contribute to sanitary sewer blockages and obstructions. Food service establishments and other industrial, institutional or commercial establishments generating wastewater containing fats, oils or greases are subject to this section. This section regulates such users by requiring that grease interceptors and other approved strategies be installed, implemented, and maintained in accordance with the provisions hereof. Existing grease traps or interceptors that are in good repair and functioning properly may be exempt from grease trap location requirements until such time that the establishment changes ownership, undergoes a major remodel, change of purpose, or fails to meet discharge action levels. (b) Grease interceptor installation, inspection, maintenance, record-keeping, and grease removal. (1) Grease interceptors shall be installed and maintained at the user's expense, when a user operates a food service establishment. Grease interceptors may be required in noncooking or cold dairy and frozen foodstuffs establishments and other industrial or commercial establishments when the establishment generates wastewater containing fat or grease and the public works director or his designee determines an interceptor is necessary to prevent contribution or accumulation of grease to the sanitary sewer collection and treatment system. No user shall allow wastewater discharge concentration from subject grease interceptor to exceed an established action level of one hundred (100) milligrams per liter, expressed as hexane 1 extractable material. Any user in violation of these limits shall be subject to penalties as set out in this article. All grease interceptors shall be of a type, design, and capacity approved by the public works director or his designee and shall be readily and easily accessible for maintenance and repair, including cleaning and for inspection. All grease interceptors shall be serviced and emptied of accumulated waste content as required in order to maintain minimum design capability or effective volume of the grease interceptor, but not less often than every sixty (60) days or as permitted in a valid program modification. Users who are required to pass wastewater through a grease interceptor shall: a. Provide for a minimum hydraulic retention time of twenty-four (24) minutes at actual peak flow between the influent and effluent baffles, with twenty-five (25) percent of the total volume of the grease interceptor being allowed for any food -derived solids to settle or accumulate and floatable grease -derived materials to rise and accumulate, identified hereafter as a solids blanket and grease cap respectively. b. Remove any accumulated grease cap and solids blanket as required, but at intervals of not longer than sixty (60) days at the user's expense, or in accordance with a valid program modification or other public works director or his designee's requirements. Grease interceptors shall be kept free of inorganic solid materials, such as grit, rocks, gravel, sand, eating utensils, styrofoam, cigarettes, shells, towels, rags, etc., which could settle into this solids blanket and thereby reduce the effective volume of the grease interceptor. C. Operate and maintain the grease interceptor to achieve and maintain any applicable grease action level. This shall mean any wastewater sample taken from such grease interceptor must meet the terms of numerical limit attainment described in section 29-5(b)(1). d. If a user documents that conditions exist ("space constraints") on their establishment site that limit the ability to locate a grease interceptor on the exterior of the establishment, the user may request an interior location for the interceptor. Such request shall contain the following information: 1. Location of city sewer main and easement in relation to available exterior space outside building. 2. Existing plumbing layout at or in a site. E 3. A statement of understanding, signed by the user or authorized agent, acknowledging and accepting conditions the public works director or his designee may place on permitting an identified interior location. Conditions may include requirements to use alternative mechanisms, devices, procedures, or operations relative to an interior location. 4. Grant of access to interceptor for city inspection. 5. Such other information as may be required by the public works director or his designee. e. The use of biological or other additives as a grease degradation or conditioning agent is not permissible. f. The use of automatic grease removal systems is permissible only upon prior written approval of the public works director or his designee and the Cape Girardeau County Public Health Center Director or designee. Any user using a grease interceptor located on the interior of the site shall be subject to any operational requirements set forth by the City of Cape Girardeau. Any user using this equipment shall operate the system in such a manner that attainment of the grease wastewater discharge limit, as measured from the unit's outlet, is achieved as required by the public works director or his designee. g. The public works director or his designee may make determinations of grease interceptor adequacy need, design, appropriateness, application, location, modification(s), and conditional usage based on review of all relevant information regarding grease interceptor performance, facility site and building plan review by all regulatory reviewing agencies and may require repairs to, or modification or replacement of grease interceptors. h. The user shall allow access to the public works director or his designee for the purpose of determining compliance with this article. (2) The user shall maintain a written record of grease interceptor maintenance for three (3) years. All such records will be available for inspection at all times. These records shall include: a. FSE name and physical location; b. Date of grease interceptor service; C. Time of grease interceptor service; d. Name of grease interceptor service company; 3 e. Name and signature of grease interceptor service company agent performing said service; f. Established service frequency and type of service; g. Number and size of each grease interceptor serviced at FSE location; h. Approximated amount, per best professional judgment of contract service provider, of grease and solids removed from each grease interceptor; i. Total volume of waste removed from each grease interceptor; j. Destination of removed wastes, food solids, and wastewater disposal; k. Signature and date of FSE personnel confirming service completion; 1. Such other information as required by public works director or his designee. (3) No nongrease-laden sources are allowed to be connected to sewer lines intended for grease interceptor service. (4) Access manholes shall have an installed diameter of twenty-four (24) inches, and shall be provided over each chamber, interior baffle wall, and each sanitary tee. The access penetrations, commonly referred to as "risers" into the grease interceptor shall also be, at a minimum, twenty- four (24) inches in diameter. The access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspection, grease removal, and wastewater sampling activities. (5) A user may request a modification to the following requirements of this section. Such request for a modification shall be in writing and shall provide the information set forth below: a. The user's grease interceptor pumping frequency. The public works director or his designee may modify the sixty-day grease interceptor pump out frequency when the user provides data, and performance criteria relative to the overall effectiveness of a proposed alternate and such can be substantiated by the public works director or his designee. b. Grease interceptor maintenance and service procedures. The public works director or his designee may modify the method(s) or procedure(s) utilized to service a grease interceptor when the user provides data, and performance 0 criteria relative to the overall effectiveness of a proposed alternate method or procedure and such can be substantiated by the public works director or his designee. If a modification to maintenance and service procedures is permitted it shall be a conditional discharged permit approval. C. Any modification must be approved by the public works director or his designee in written form before implementation by the user or the user's designated service provider. The user shall pay modification fees as set forth in the city fee schedule. is hereby repealed in its entirety and a new Section 29-5 entitled, "Fat, oil, and grease control" of Article I of Chapter 29 of the City Code, is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 29-5. - Fat, oil, and grease control. (a) Scope and purposes. The objective of this section is to aid in preventing the introduction and accumulation of fats, oils, and greases into the municipal wastewater system which will or tend to cause or contribute to sanitary sewer blockages and obstructions. Food service establishments and other industrial, institutional or commercial establishments generating wastewater containing fats, oils or greases are subject to this section. This section regulates such users by requiring that grease interceptors and other approved strategies be installed, implemented, and maintained in accordance with the provisions hereof. Existing grease traps or interceptors that are in good repair and functioning properly may be exempt from grease trap location requirements until such time that the establishment changes ownership, undergoes a major remodel, change of purpose, or fails to meet discharge action levels. (b) Grease interceptor installation, inspection, maintenance, record-keeping, and grease removal. (1) Grease interceptors shall be installed and maintained at the user's expense, when a user operates a food service establishment. Grease interceptors may be required in noncooking or cold dairy and frozen foodstuffs establishments and other industrial or commercial establishments when the establishment generates wastewater containing fat or grease and the public works director or his designee determines an interceptor is necessary to prevent contribution or accumulation of grease to the sanitary sewer collection and treatment system. No user shall allow wastewater discharge concentration from subject 5 grease interceptor to exceed an established action level of one hundred (100) milligrams per liter, expressed as hexane extractable material. Any user in violation of these limits shall be subject to penalties as set out in this article. All grease interceptors shall be of a type, design, and capacity approved by the public works director or his designee and shall be readily and easily accessible for maintenance and repair, including cleaning and for inspection. All grease interceptors shall be serviced and emptied of accumulated waste content as required in order to maintain minimum design capability or effective volume of the grease interceptor, but not less often than every sixty (60) days or as permitted in a valid program modification. Users who are required to pass wastewater through a grease interceptor shall: a. Provide for a minimum hydraulic retention time of twenty-four (24) minutes at actual peak flow between the influent and effluent baffles, with twenty-five (25) percent of the total volume of the grease interceptor being allowed for any food -derived solids to settle or accumulate and floatable grease -derived materials to rise and accumulate, identified hereafter as a solids blanket and grease cap respectively. b. Remove any accumulated grease cap and solids blanket as required, but at intervals of not longer than sixty (60) days at the user's expense, or in accordance with a valid program modification or other public works director or his designee's requirements. Grease interceptors shall be kept free of inorganic solid materials, such as grit, rocks, gravel, sand, eating utensils, styrofoam, cigarettes, shells, towels, rags, etc., which could settle into this solids blanket and thereby reduce the effective volume of the grease interceptor. C. Operate and maintain the grease interceptor to achieve and maintain any applicable grease action level. This shall mean any wastewater sample taken from such grease interceptor must meet the terms of numerical limit attainment described in section 29-5(b)(1). d. If a user documents that conditions exist ("space constraints") on their establishment site that limit the ability to locate a grease interceptor on the exterior of the establishment, the user may request an interior location for the interceptor. Such request shall contain the following information: 0 1. Location of city sewer main and easement in relation to available exterior space outside building. 2. Existing plumbing layout at or in a site. 3. A statement of understanding, signed by the user or authorized agent, acknowledging and accepting conditions the public works director or his designee may place on permitting an identified interior location. Conditions may include requirements to use alternative mechanisms, devices, procedures, or operations relative to an interior location. 4. Grant of access to interceptor for city inspection. 5. Such other information as may be required by the public works director or his designee. e. The use of biological or other additives as a grease degradation or conditioning agent is not permissible. f. The use of automatic grease removal systems is permissible only upon prior written approval of the public works director or his designee and the Cape Girardeau County Public Health Center Director or designee. Any user using a grease interceptor located on the interior of the site shall be subject to any operational requirements set forth by the City of Cape Girardeau. Any user using this equipment shall operate the system in such a manner that attainment of the grease wastewater discharge limit, as measured from the unit's outlet, is achieved as required by the public works director or his designee. g. The public works director or his designee may make determinations of grease interceptor adequacy need, design, appropriateness, application, location, modification(s), and conditional usage based on review of all relevant information regarding grease interceptor performance, facility site and building plan review by all regulatory reviewing agencies and may require repairs to, or modification or replacement of grease interceptors. h. The user shall allow access to the public works director or his designee for the purpose of determining compliance with this article. (2) The user shall maintain a written record of grease interceptor maintenance for three (3) years. All such records will be available for inspection at all times. These records shall include: a. FSE name and physical location; 7 b. Date of grease interceptor service; C. Time of grease interceptor service; d. Name of grease interceptor service company; e. Name and signature of grease interceptor service company agent performing said service; f. Established service frequency and type of service; g. Number and size of each grease interceptor serviced at FSE location; h. Approximated amount, per best professional judgment of contract service provider, of grease and solids removed from each grease interceptor; i. Total volume of waste removed from each grease interceptor; j. Destination of removed wastes, food solids, and wastewater disposal; k. Signature and date of FSE personnel confirming service completion; 1. Such other information as required by public works director or his designee. (3) No nongrease-laden sources are allowed to be connected to sewer lines intended for grease interceptor service. (4) Access manholes shall have an installed diameter of twenty-four (24) inches, and shall be provided over each chamber, interior baffle wall, and each sanitary tee. The access penetrations, commonly referred to as "risers" into the grease interceptor shall also be, at a minimum, twenty- four (24) inches in diameter. The access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspection, grease removal, and wastewater sampling activities. (5) A user may request a modification to the following requirements of this section. Such request for a modification shall be in writing and shall provide the information set forth below: a. The user's grease interceptor pumping frequency. The public works director or his designee may modify the sixty-day grease interceptor pump out frequency when the user provides data, and performance criteria relative to the overall effectiveness of a proposed alternate and such can be substantiated by the public works director or his designee. 0 b. Grease interceptor maintenance and service procedures. The public works director or his designee may modify the method(s) or procedure(s) utilized to service a grease interceptor when the user provides data, and performance criteria relative to the overall effectiveness of a proposed alternate method or procedure and such can be substantiated by the public works director or his designee. C. Any modification must be approved by the public works director or his designee in written form before implementation by the user or the user's designated service provider. d. Monitoring Charge. When the City, in response to a modification request, collects additional data and performance criteria or verifies submitted data and performance criteria, the user shall pay a monitoring charge. The monitoring charge shall consist of all costs for personnel, material, and equipment used to collect and analyze data and performance criteria from the user's grease interceptor. The exact charge shall be based on actual costs and shall be determined by the city. ARTICLE 2. 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 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 , 2021. ATTEST: Bob Fox, Mayor Q Bruce Taylor, Deputy City Clerk 10 Language to be added is in yellow hi -light Language to be removed is in red strikethrough. Sec. 29-5. - Fat, oil, and grease control. (a) Scope and purposes. The objective of this section is to aid in preventing the introduction and accumulation of fats, oils, and greases into the municipal wastewater system which will or tend to cause or contribute to sanitary sewer blockages and obstructions. Food service establishments and other industrial, institutional or commercial establishments generating wastewater containing fats, oils or greases are subject to this section. This section regulates such users by requiring that grease interceptors and other approved strategies be installed, implemented, and maintained in accordance with the provisions hereof. Existing grease traps or interceptors that are in good repair and functioning properly may be exempt from grease trap location requirements until such time that the establishment changes ownership, undergoes a major remodel, change of purpose, or fails to meet discharge action levels. (b) Grease interceptor installation, inspection, maintenance, record-keeping, and grease removal. (1) Grease interceptors shall be installed and maintained at the user's expense, when a user operates a food service establishment. Grease interceptors may be required in noncooking or cold dairy and frozen foodstuffs establishments and other industrial or commercial establishments when the establishment generates wastewater containing fat or grease and the public works director or his designee determines an interceptor is necessary to prevent contribution or accumulation of grease to the sanitary sewer collection and treatment system. No user shall allow wastewater discharge concentration from subject grease interceptor to exceed an established action level of one hundred (100) milligrams per liter, expressed as hexane extractable material. Any user in violation of these limits shall be subject to penalties as set out in this article. All grease interceptors shall be of a type, design, and capacity approved by the public works director or his designee and shall be readily and easily accessible for maintenance and repair, including cleaning and for inspection. All grease interceptors shall be serviced and emptied of accumulated waste content as required in order to maintain minimum design capability or effective volume of the grease interceptor, but not less often than every sixty (60) days or as permitted in a valid program modification. Users who are required to pass wastewater through a grease interceptor shall: a. Provide for a minimum hydraulic retention time of twenty-four (24) minutes at actual peak flow between the influent and effluent baffles, with twenty-five (25) percent of the total volume of the grease interceptor being allowed for any food -derived solids to settle or accumulate and floatable grease -derived materials to rise and accumulate, identified hereafter as a solids blanket and grease cap respectively. b. Remove any accumulated grease cap and solids blanket as required, but at intervals of not longer than sixty (60) days at the user's expense, or in accordance with a valid program modification or other public works director or his designee's requirements. Grease interceptors shall be kept free of inorganic solid materials, such as grit, rocks, gravel, sand, eating utensils, styrofoam, cigarettes, shells, towels, rags, etc., which could settle into this solids blanket and thereby reduce the effective volume of the grease interceptor. C. Operate and maintain the grease interceptor to achieve and maintain any applicable grease action level. This shall mean any wastewater sample taken from such grease interceptor must meet the terms of numerical limit attainment described in section 29- 5(b)(1). d. If a user documents that conditions exist ("space constraints") on their establishment site that limit the ability to locate a grease interceptor on the exterior of the establishment, the user may request an interior location for the interceptor. Such request shall contain the following information: 1. Location of city sewer main and easement in relation to available exterior space outside building. 2. Existing plumbing layout at or in a site. 3. A statement of understanding, signed by the user or authorized agent, acknowledging and accepting conditions the public works director or his designee may place on permitting an identified interior location. Conditions may include requirements to use alternative mechanisms, devices, procedures, or operations relative to an interior location. 4. Grant of access to interceptor for city inspection. 5. Such other information as may be required by the public works director or his designee. e. The use of biological or other additives as a grease degradation or conditioning agent is not permissible. f. The use of automatic grease removal systems is permissible only upon prior written approval of the public works director or his designee and the Cape Girardeau County Public Health Center Director or designee. Any user using a grease interceptor located on the interior of the site shall be subject to any operational requirements set forth by the City of Cape Girardeau. Any user using this equipment shall operate the system in such a manner that attainment of the grease wastewater discharge limit, as measured from the unit's outlet, is achieved as required by the public works director or his designee. g. The public works director or his designee may make determinations of grease interceptor adequacy need, design, appropriateness, application, location, modification(s), and conditional usage based on review of all relevant information regarding grease interceptor performance, facility site and building plan review by all regulatory reviewing agencies and may require repairs to, or modification or replacement of grease interceptors. h. The user shall allow access to the public works director or his designee for the purpose of determining compliance with this article. (2) The user shall maintain a written record of grease interceptor maintenance for three (3) years. All such records will be available for inspection at all times. These records shall include: a. FSE name and physical location; b. Date of grease interceptor service; c. Time of grease interceptor service; d. Name of grease interceptor service company; e. Name and signature of grease interceptor service company agent performing said service; f. Established service frequency and type of service; g. Number and size of each grease interceptor serviced at FSE location; h. Approximated amount, per best professional judgment of contract service provider, of grease and solids removed from each grease interceptor; i. Total volume of waste removed from each grease interceptor; j. Destination of removed wastes, food solids, and wastewater disposal; k. Signature and date of FSE personnel confirming service completion; I. Such other information as required by public works director or his designee. (3) No nongrease-laden sources are allowed to be connected to sewer lines intended for grease interceptor service. (4) Access manholes shall have an installed diameter of twenty-four (24) inches, and shall be provided over each chamber, interior baffle wall, and each sanitary tee. The access penetrations, commonly referred to as "risers" into the grease interceptor shall also be, at a minimum, twenty-four (24) inches in diameter. The access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspection, grease removal, and wastewater sampling activities. (5) A user may request a modification to the following requirements of this section. Such request for a modification shall be in writing and shall provide the information set forth below: a. The user's grease interceptor pumping frequency. The public works director or his designee may modify the sixty-day grease interceptor pump out frequency when the user provides data, and performance criteria relative to the overall effectiveness of a proposed alternate and such can be substantiated by the public works director or his designee. b. Grease interceptor maintenance and service procedures. The public works director or his designee may modify the method(s) or procedure(s) utilized to service a grease interceptor when the user provides data, and performance criteria relative to the overall effectiveness of a proposed alternate method or procedure and such can be substantiated by the public works director or his designee. If a modification to maintenance and cervico procedure-iQ permitted it shall he a conditional discharged permit approval N c. Any modification must be approved by the public works director or his designee in written form before implementation by the user or the user's designated service provider. The shall n edifiGat'GR feesas forth OR the -city fee SGhedule. d. Monitoring Charge. When the City, in response to a modification request, collects additional data and performance criteria or verifies submitted data and performance criteria, the user shall pay a monitoring charge. The monitoring charge shall consist of all costs for personnel, material, and equipment used to collect and analyze data and performance criteria from the user's grease interceptor. The exact charge shall be based on actual costs and shall be determined by the city. (Ord. No. 4255, art. 1, 8-15-11) Staff: Bruce Taylor, Deputy City Clerk Agenda: 4/5/2021 SUBJECT Appointment to the Golf Course Advisory Board for a term expiring January 18, 2023. EXECUTIVE SUMMARY At the December 3, 2018, City Council Meeting, Brad Wittenborn was appointed to the Golf Course Advisory Board to a term expiring January 18, 2020. However, the expiring date was entered incorrectly onto to the roster as expiring on November 12, 2021. Additionally, the incorrect date was in the notice to Mr. Wittenborn of his appointment. The Code of Ordinances states, 'Bach member of a city board or commission shall continue in the office to which he was appointed until his or her successor is appointed and qualified, unless such member has resigned, forfeited or been removed from his position pursuant to the terms of this article." In order to have member term rotation and to correct the error, staff requests Council to appoint a term expiring January 18, 2023. Please, note that Brad Wittenborn does qualify for this appointment. BACKGROUND/DISCUSSION The Municipal Golf Course Advisory Board acts in an advisory capacity to the City Council to review, promote and expedite development and use of the Jaycee Municipal Golf Course facilities. The Board may study any problem or condition relating to the construction, operation, maintenance or improvement of, or addition to the golf course or related facilities and may present its findings and related recommendations to the City Council. The City Council shall appoint the nine members of the Board by formal motion and vote. Members of the Board serve for terms of three years. One member of the Municipal Golf Course Advisory Board shall be a member of Cape Jaycees and designated by that organization as its representative on the Board. The following individuals have expressed an interest in serving on the board, and their advisory board applications are attached. Applicant Ward Citizen Academy Graduate Lea Bohr 1 No Larry Caldwell 4 No Michelle Clements 3 No Ron McAdams 5 No Shawn Wasson 4 No Brad Wittenborn 1 No STAFF RECOMMENDATION It is recommended that one appointment is made to the Golf Course Advisory Board for a term expiring January 18, 2023. BOARD OR COMMISSION RECOMMENDATION The Golf Course Advisory Board recommends reappointing Brad Wittenborn for a term expiring January 18, 2023. ATTACHMENTS: Name: Description: ❑ Golf Board Roster (ll.docx Golf Board Roster ❑ roster attendance.eolfpdf Golf Board Attendance Roster CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees March 1, 2021 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. Council member, ex -officio Josh Parham Janet Esicar Nate Saverino Keith Sander Cindy Gannon Brad Wlttenborn (Council Item tern Correction 3/15/21) Gary Wren Jared Snell (Jaycees) Claire Kneer Golf Course Advisory Board Date Appointed March 1, 2021 March 1, 2021 Date Reappointed September 18, 2017 11/4/19 November 17, 2014 11/7/16,11/4/19 September 3, 2019 1/21/20 December 3, 2018 exp 1/18/20 _ September 18, 2017 08/17/20 March 1, 2021 ---- November 2, 2020 ---- Term Expires November 12, 2021 November 12, 2021 November 12, 2022 November 12, 2022 January 18, 2023 January 18, 2023 September 4, 2023 September 4, 2023 November 12, 2023 Serve three year terms, appointed by City Council. One member shall be a member of Cape Jaycees and designated by that organization is its representative. Regular meetings held fourth Thursday at Noon at the Osage Centre. Parks and Recreation Director and Golf Course Superintendent meet with Board. A City Council Member may serve as liaison. Staff contact — Julia Jones, Parks & Recreation Director 339-6340. GOLF COURSE ADVISORY BOARD Attendance Record Ordinance effective 4/13/00 X = present, A = absent 2021 JanFeb 4th Thursday T25 Mar Apr May Jun 22 22 Jul Aug Sep 24 Oct Nov 26 Dec 1st 28 2nd 3rd termi- letter letter appt'ed nated Esicar, Janet Wointed 3"1 Aug 27 Sep 44 Oct 24 03/01/21 Gannon, Cindy � P 2nd letter N s 09/03/19 Kneer, Claiir P E Parham, Josh Spointed 3 1 M . 03/01/21 Sander, KeithA M M E L 11/17/14 Saverino, Nate T P P 10/09/18 4/30/2019 09/18/17 Snell, Jared (Jaycees) pdinted 3/1 T T 1 House, Ken E P W ittenborn, Brad N P N N P I ####### Wren, Gary G P G I G 1 09/18/17 10/14/20 1 09/18/17 2020 4th Thursday Jan Feb 28 Mar Apr 25 May Jun 27 Jul Aug 27 Sep 44 Oct 24 Nov Dec 26 1st 2nd letter 3rd termi- letter appt'ed nated Gannon, Cindy P P P s 09/03/19 10/15/12 Grim, Jerry O P P P P O House, Ken M P O O P A Resigned 1 /43b2q 09/18/17 10/14/20 Kneer, Claiir INA Appointed 11/2/20 M Matthews, Mark P E P A A E L-- 10/30/2020 12/03/18 Sander, Keith P E P FE P P E 11/17/14 Saverino, Nate P T A P P T E 10/09/18 4/30/2019 09/18/17 Schulz, Joshua J W ittenborn, Brad N P P 1 P P A P 1 N A P 1 10/09/18 5/20/2019 10/30/20 08/03/15 L ####### Wren, Gary A P P Gi P iGI i 09/18/17 Staff: Bruce Taylor, Deputy City Clerk Agenda: 4/5/2021 SUBJECT Appointment of three members to the Historic Preservation Commission for terms set to expire April 16, 2024. EXECUTIVE SUMMARY Brianna DeWitt, Phyllis Sides and Ken Markin are serving terms set to expire April 16, 2021. Ms. DeWitt has been serving since June 5, 2017; Ms. Sides has been serving since April 20, 2020; and Mr. Markin has been serving since April 15, 2019 and does not wish to seek reappointment. BACKGROUND/DISCUSSION Regarding membership on the Commission, Section 30-117 of the City Code states, "...the members to be residents of the city, all of whom shall be appointed by and approved by the city council. The council shall make every effort to appoint persons with a demonstrated interest in the historical preservation of the city. To the extent available, the preservation commission shall include professional members representing such disciplines as architecture, law, real estate, history and or any other field related to historic preservation. " Members on the commission serve three-year terms. A copy of the roster is attached for your information. The following individuals have expressed interest in the Historic Preservation Commission, and their board applications are attached for your review. Applicant lCitizen Academy Graduate Lea Bohr 0 No Michelle Clements 0I No Brianna De I No Shannon Hagan ® Yes Christopher Haug 0 No Jim Maevers 0I No Ron Mcadams 15 No Caitlin McCready 0 No Kate Peel ® No Alyssa Phares 0 No Phyllis Sides No Roger Seay ® Yes Shawn Was ® No Augusta We No Jennifer Willett 1 No FINANCIAL IMPACT STAFF RECOMMENDATION BOARD OR COMIVIISSION RECOMMENDATION The Historic Preservation Commission recommends that Leah Bohr is appointed for a term expiring April 16, 2024 and Brianna DeWitt and Phyllis Sides are reappointed for terms expiring April 16, 2024. ATTACHMENTS: Name: Description: U roster attendance.hnc.ndf Roster Attendance HPC U hpc roster.docx Roster HPC HISTORIC PRESERVATION COMMISSION Attendance Record Ordinance effective 4/13/00 P = present, A = absent 2021 3rd Wednesday Jan 20 Feb 17 Mar Apr May Jun Jul Aug Sep Oct Nov Dec 1st 2nd 3rd termi- 17 21 19 16 21 18 15 20 17 15 letter letter letter nated May Jun Jul Aug 20 17 15 19 Bliss, Mark P P P Clark Hill, Lauren P A P P DeWitt Brianna P P P A N N Hendrix, Anne P P A 10/27/2020 03/17/21 02/12/20 Kinsley, Felix (honorary; P P P P Kipper, Bonnie A P P DeWitt Brianna Lane, Ryan P P P Markin, Ken P P Term Expired Peter Reckling P A P Sides, Phyllis P A P P P IVI Kipper, Bonnie 2020 3rd Wednesday Jan Feb 15 1 19 Mar 18 Apr 15 May Jun Jul Aug 20 17 15 19 Sep 16 Oct Nov Dec 21 18 16 1st 2nd letter letter 3rd termi- letter nated Bliss, Mark Appointed 4/20/20 N N I N N P P Cervantes, Michael A N N n RN ig ri4 n P 02/12/20 Clark, Lauren P P P P DeWitt Brianna P P P P Hendrix, Anne A P A A 10/27/2020 Kinsley, Felix (honorary; P M M P P P IVI Kipper, Bonnie P P P P Lane, Ryan ApUZintece/01=020 E Markin, Ken P P P P McKeever, Michael A P A Resigne 9/29/2 9/22/2020 Phares Alyssa P I Termid oul I P P 04/20/20 Peter Reckling P P I KI I N I P.1 I N A P Sides, Phyllis April 26,"62020'3pointe P P CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees March 15, 2021 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only two consecutive full terms on the same board or commission. Historic Preservation Commission Serve three year terms, appointed by Council. To the extent available members shall include professional members representing such disciplines as architecture, law, real estate, history, or any other field related to historic preservation. Meetings held third Wednesday at 7:00 p.m. in Council Chambers. Commission administers the Historic Preservation Ordinance and applications for landmarks and historical districts. Staff contact — Ryan Shrimplin, City Planner 339-6327 [Ord. 3841, 8/20/07, members educed from 11 to 9]. Date Appointed Date Reappointed Term Expires Brianna DeWitt June 5, 2017 04/16/18 April 16, 2021 Phyllis Sides April 20, 2020 --- April 16, 2021 Ken Markin April 15, 2019 --- April 16, 2021 Lauren Clark May 20, 2019 --- April 16, 2022 Anne Hendrix May 20, 2019 --- April 16, 2022 Ryan Lane December 7, 2020 --- April 16, 2022 Felix Kinsley (honorary) June 6, 2005 N/A (Town Crier/honorary) Bonnie Kipper June 1, 2015 6/5/17; 4/20/20 April 16, 2023 Mark Bliss April 20, 2020 --- April 16, 2023 Peter Reckling July 15, 2019 4/20/20 April 16, 2023 Serve three year terms, appointed by Council. To the extent available members shall include professional members representing such disciplines as architecture, law, real estate, history, or any other field related to historic preservation. Meetings held third Wednesday at 7:00 p.m. in Council Chambers. Commission administers the Historic Preservation Ordinance and applications for landmarks and historical districts. Staff contact — Ryan Shrimplin, City Planner 339-6327 [Ord. 3841, 8/20/07, members educed from 11 to 9]. Staff: Bruce Taylor, Deputy City Clerk Agenda: 4/5/2021 SUBJECT Appointment of two members to the Tax Increment Financing Commission for terms expiring April 1, 2021. EXECUTIVE SUMMARY The appointments to the TIF Commission are made by the Mayor with the consent of a majority of the City Council. The terms of Danny Essner and Albert Spradling III are set to expire April 1, 2025. They have been members on the TIF Commission since April 1, 2002 and both have expressed interest in being reappointed. BACKGROUND/DISCUSSION In April of 2002, the City Council appointed an 11 member TIF Commission to review and make recommendations with respect to proposed Tax Increment Financing Projects. Six members of the commission were appointed by the city, two by the school district, two by the county, and one by the outside taxing district that was within the project area. Commission members appointed by the City serve for a four year term. The City positions on the commission are dedicated positions, while the remaining positions are project specific and are appointed at the time of the creation of a TIF project. ATTACHMENTS: Name: Description: D TIF Coimission.docx 11F Commission Roster OF CAPE GIRA"EAU, MISSOURI Roster of Advisory Boards and Committees March 15, 2021 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only two consecutive full terms on the same board or commission. Members appointed by city serve four year term, appointed by Mayor with consent of City Council. Two members appointed by school district, one member appointed by other taxing districts, two members appointed by County, term ending upon final approval of the redevelopment project. RSMo. 99.820. Meetings called by Chairman as needed. Staff contact — City Planner, 339-6326. TIF Commission Date Appointed Date Reappointed Term Expires Jeff Glenn (school district) April 2020 to end of project Neil Glass (school district) November 2018 to end of project Katie Hill (other districts) July 2020 to end of project Charles Herbst (county) July 2015 to end of project Roger Hudson(county) July 2015 to end of project Danny Essner (city) April 1, 2002 4/5/05; 4/6/09; 03/18/13;4/3/17 April 1, 2021 Albert M. Spradling III (city) April 1, 2002 4/5/05; 4/6/09; 03/18/13;4/3/17 April 1, 2021 John Mehner (city) April 1, 2002 3/20/06; 4/5/10; 3/17/14; 04/02/18 April 1, 2022 Adrienne Henry (city) August 3, 2015 04/02/18 April 1, 2022 Marla Mills (city) April 20, 2020 --- April 1, 2024 Jay Knudtson (city) April 2, 2012 4/4/16; 4/20/20 April 1, 2024 Members appointed by city serve four year term, appointed by Mayor with consent of City Council. Two members appointed by school district, one member appointed by other taxing districts, two members appointed by County, term ending upon final approval of the redevelopment project. RSMo. 99.820. Meetings called by Chairman as needed. Staff contact — City Planner, 339-6326. Staff: Bruce Taylor, Deputy City Clerk Agenda: 4/5/2021 SUBJECT Appointment of three members for terms expiring April 12, 2025, to the Town Plaza Community Improvement District Board of Directors. EXECUTIVE SUMMARY Linda AuBuchon of the law firm Armstrong Teasdale in St. Louis, Missouri, who represents the Town Plaza CID, requests that R. Scott Blank, William Zellmer, and V. Lee Hatcher be reappointed for terms expiring April 12, 2025. BACKGROUND/DISCUSSION On April 2, 2007, the City Council adopted Ordinance No. 3804 establishing the Town Plaza Community District and appointing five invidiauls to the initial Board of Directors for staggering terms. Pursuant to the governing documents of the Community Improvement District, members of the Board of Directors of the District are appointed by the Mayor with the consent of the City Council. Members serve four year terms. STAFF RECOMMENDATION It is recommended to reappoint R. Scott Blank, V. Lee Hatcher Roberts and Jeffrey Campbell for terns expiring April 12, 2025. ATTACHMENTS: Name: Description: D Roster.pdf Roster © Downtown CID reccommendation tetter.pdf Appointment Request Letter Town Plaza Community Improvement District Members appointed by city serve four year terms, appointed by Mayor with consent of City Council. Board of Directors shall be composed of 5 members who will represent the Town Plaza, Inc. in each one's capacity as an owner of real property within the proposed District or operator of a business operating within the proposed District. Date Appointed Date Reappointed Term Expires R. Scott Blank September 14, 2015 --- April 12, 2017 Bill Zellmer, Secretary April 2, 2007 1/20/09; 02/19/13 April 12, 2017 Sharon Sommer April 5, 2010 02/19/13 April 12, 2017 Scott Campbell April 2, 2007 3/21/11;3/17/14;9/14/15 April 12, 2019 Dan Barnard, President April 2, 2007 4/4/11;3/17/14;9/14/15 April 12, 2019 Members appointed by city serve four year terms, appointed by Mayor with consent of City Council. Board of Directors shall be composed of 5 members who will represent the Town Plaza, Inc. in each one's capacity as an owner of real property within the proposed District or operator of a business operating within the proposed District. February 9, 2021 VIA E-MAIL Scott A. Meyer City Manager City of Cape Girardeau 401 Independence Street, P 0 Box 614 Cape Girardeau, MO 63702 smever@citvofcape.org Re: Appointment of Directors, Town Plaza Community Improvement District (the "District") Dear Scott: As you probably remember, our firm represents the Town Plaza Community Improvement District. On its behalf, I respectively ask that Mayor Bob Fox request, and the City Council approve at the earliest Council meeting possible, the re -appointments of R. Scott Blank, V. Lee Hatcher Roberts and Jeffrey Campbell each to additional four-year terms expiring April 12, 2025 on the District's board of directors. Should you have any questions please call me at (314) 552-6634. Thank you for your help. Sincerely, Linda K. AuBuchon Paralegal LKA: cc: V. Lee Hatcher Roberts via email R. Scott Blank via email Jeffrey Campbell via email Angela Odium via email Bruce Taylor via email Staff: Bruce Taylor, Deputy City Clerk Agenda: 4/5/2021 SUBJECT Three appointments to the Airport Advisory Board for terms expiring April 30, 2024 and one appointment for a term expiring April 30, 2023. EXECUTIVE SUMMARY One term on the Airport Advisory Board is set to expire April 30, 2023. This position was held by Mark Welker, who has resigned. Three terms on the Airport Advisory Board are set to expire April 30, 2021. These positions are currently held by Mike Marshall, Mark Seesing and Joseph Uzoaru. Mr. Marshall has been serving since October 2019; Mr. Seesing has been serving since July 2016 and Mr. Uzoaru has been serving since April 2018, each have expressed interest in reappointment. A copy of the board roster is attached for your review. BACKGROUND/DISCUSSION According to Section 4-2 of the City Code, "two members of the airport board may be residents of Cape Girardeau, Scott, Bollinger or Perry County. The remaining members must be residents of the City of Cape Girardeau." Board members serve a three-year term. The following individuals have expressed interest in being appointed to the board and their board applications are attached. Applicant Ward Citizen Academy Graduate Lea Bohr 1 No Dennis Cain 4 No Michelle Clements 3 lNo Rinaldi Fleming 3 No Renita Green 3 Yes Mike Marshall *Outside City Limit 11 No Ron Mcadams 5 1No Alyssa Phares I2 No Tameka Randle I2 No C aro lyn S angren Kemp 4 No Mark Seesing IF 2 No Hannah See F 2 No Kevin Timlin IXO Joseph Uzoaru II I II No Shawn Wasson 4 No STAFF RECOMMENDATION It is recommended that one appointment is made to the Airport Advisory Board for a term expiring April 30, 2023 and three appointments for terms expiring April 30, 2024 at a future meeting. ATTACHMENTS: Name: Description: D Airport_Roster.docx Airport Board Roster 0 roster attendance.EC ort.pdf Airport Board Roster Attendance CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees March 15, 2021 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only two consecutive full terms on the same board or commission. Airport Board Serve three year terms, appointed by Council. *Two members may be residents of Cape Girardeau, Scott, Bollinger or Perry Counties. Meetings held second Tuesday at 5:00 p.m. at the Airport Restaurant at the Cape Girardeau Regional Airport. A council member may serve as liaison. Staff contact —Katrina Amos, Airport Manager, 334-6230. Date Appointed Date Reappointed Term Expires Mike Marshall* October 16, 2019 ---- April 30, 2021 Mark Seesing July 5, 2016 04/16/18 April 30, 2021 Joseph Uzoaru April 16, 2018 ---- April 30, 2021 Richard Knote June 18, 2018 04/15/19 April 30, 2022 Justin Davidson March 4, 2019 04/15/19 April 30, 2022 Ryan Dewrock July 5, 2016 04/15/19 April 30, 2022 Vacant April 30, 2023 Beverly Cleair* June 15, 2020 --- April 30, 2023 Jeff Brune April 17, 2017 6/15/20 April 30, 2023 Serve three year terms, appointed by Council. *Two members may be residents of Cape Girardeau, Scott, Bollinger or Perry Counties. Meetings held second Tuesday at 5:00 p.m. at the Airport Restaurant at the Cape Girardeau Regional Airport. A council member may serve as liaison. Staff contact —Katrina Amos, Airport Manager, 334-6230. AIRPORT ADVISORY BOARD Attendance Record Ordinance effective April 13, 2000 P = present; A = absent 2021 2nd Tuesday Jan 12 Feb 9 Mar April May Jun Jul Aug Sept Oct Nov Dec 9 13 11 8 13 10 14 12 9 14 1st 2nd 3rd termi- letter letter letter nated abs. Brune, Jeff A P P Oct Nov 13 10 Cleair, Beverly P P P P Davidson, Justin P P P 08/19/19 Dewrock, Ryan P P P Appointedm15/" Knote, Richard P P P P E Marshall, Mike A P P P , Seesing, Mark A P P P Uzoaru, Joseph P A P P Welker, Mark A A Resigned 3/9/2021 02/19/21 2020 2nd Tuesday Jan 14 Feb 11 Mar April 10 14 May 12 Jun 9 Jul 14 Aug 11 Sept 8 Oct Nov 13 10 Dec 1st 2nd 3rd termi- 8 letter letter letter nated abs. Brune, Jeff P P P A P P P P P Cleair, Beverly Appointedm15/" P P P P E P Davidson, Justin P P P , P P P I P P T P 08/19/19 Dewrock, Ryan P P P P P P P P.�. P Knote, Richard P P P P P P P P ft A Marshall, Mike A P P P P P P P P Ozark, Brian P P P N ^� Termed out 4/30/2 Mark P A P E E A P P P P P Uzoaru, Joseph P P A L L P P P P P ` P Welker, Mark P I A P E E P A P P P E P Staff: Bruce Taylor, Deputy City Clerk Agenda: 4/5/2021 SUBJECT Appointment of one alternate member to the Board of Adjustment for a term expiring September 4, 2025. EXECUTIVE SUMMARY Ronald Robertson, was serving as an alternate since October 5, 2020. March 15, 2021, Council appointed Mr. Robertson to a regular member for a term expiring March 6, 2026, leaving his unexpired alternate member position vacant. BACKGROUND/DISCUSSION 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. Included is Ron Robertson, who currently is an Alternate Member. Applicant WardI Citizens Academy Graduate Lea Bohr 1 11 No Larry Caldwell �4I No Michelle Clements D Clements.Michelle.12-16-20.ndf I No Renta Green IYes Ron Mcadams 5 No Shawn Wasson 4� No GENERAL DIRECTION Appointment of one alternate member to the Board of Adjustment for a term expiring September 4, 2025, will appear on a future agenda. ATTACHMENTS: Name: Description: D Board of Adjustment Rostendocx Board of Adjustment roster D roster attendance.adjustment.pdf Board of Adjustment Attendance Roster D BohrlL.ea.12-22-2020.pdf Bohr, Lea D Clements.Michelle.12-16-20.ndf Clements, Michelle D Green Renita.02-1-21.12df Green, Renita D McAdazns.Ron.09-10-20.odf McAdams, Ron D Robertson.Ron.9-18-20.odf Robertson, Ron CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees March 15, 2021 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. William Whitlock Charles Haubold (served as alternate) Timothy Kelley Skip Smallwood Ronald Robertson David Hinton (alternate) Edward Hart (alternate) Vacant (alternate) Board ofAdiustment Date Appointed December 4, 2003 March 4, 2013 January 23, 2012 4/21/08 alt; 1/19/10 full 3/4/13 alt; 3/16/15 full 10/5/20 alt; 03/15/21 full April 15, 2013 January 22, 2002 Date Reappointed Term Expires 2/20/07; 1/23/12; 4/17/17 March 6, 2022 01/22/18; 03/05/18 March 6, 2023 03/03/14; 3/5/19 March 6, 2024 3/2/20 March 6, 2025 --- March 6, 2026 11/02/15;8/17/20 September 4, 2025 8/15/05;9/20/10;11/02/15, 8/17/20 September 4, 2025 September 4, 2025 Serve five year terms, appointed by Mayor, approved by Council. Meetings held first Thursday at 7:00 p.m. in the Council chambers. Board considers requests for variances from the Zoning Ordinance provisions. Staff contact — Ryan Shrimplin, City Planner, 339-6327. BOARD OF ADJUSTMENT Attendance Record Ordinance effective 4/13/00 2021 Jan 1 st Thursday 1 Feb 5 Mar 5 Apr 2 May 7 Jun 4 Jul 2 I Aug 6 I Sep 3 Oct 1 Nov 5 Dec 1st 2nd 3rd termi- 3 letter letter letter nated Caldwell, Larry N P N Termed Out Haubold, Charles O P P O 3/5/2018 1/30/2019 Kelley, Tim P P Smallwood, Skip P P P Whitlock, William P P P Alternates: Hart, Edward A P P Hinton, David Robertson, Ronald G A P P P rj G 2020 1 st Thursday Jan 2 Feb 6 Mar Apr 5 2 May Jun 7 4 Jul 2 Aug 6 Sep Oct 3 1 Nov 5 Dec 1st 2nd 3rd termi- 3 letter letter letter nated Caldwell, Larry P P N P N P N P Haubold, Charles P P P P O P 3/5/2018 1/30/2019 Kelley, Tim P P P P P Smallwood, Skip P P P P M P Whitlock, William P P P 5=P E P Alternates: T P E P Buhs, Ray P P 1 1 1 P 1 9/4/20 signe 09/04/20 Hart, Edward P P N N N I PN P P Hinton, David P P G G P % P I P Robertson, Ronald Appointed 10/5/20 1 P Gayle L. Conrad, MPCC/CMC, Staff: Director of Citizen Services/City Agenda: Clerk 4/5/2021 SUBJECT Appointment of two members to the Special Business District Advisory Commission for terms expiring June 30, 2022, and two for terms expiring June 30, 2023. EXECUTIVE SUMMARY The composition and duties of the the Special Business District Advisory Commission are set out in Section 2- 145 of the City Code, and a copy is attached for your reference. The purpose of the commission is to recommend how the revenue of the district shall be used. The Commission is made up of five members who are required to own property or operate a municipally licensed business within the boundaries of the district. All board member terms on the commission are expired, and a copy of the roster is attached. Currently there are six applications on file for this commission, but only four of those are qualified to serve. The other two do not own property or operate a business within the district. Board members hold three year terms. BACKGROUND/DISCUSSION When the process began to establish the Downtown Cape Girardeau Community Improvement District, it was the intent of the City to dissolve the Special Business District Advisory Commission if the proposed CID property tax was approved by the voters within the CID. Both a CID sales tax and property tax were submitted for a vote, but only the sales tax was approved. The SBD Commission was not dissolved and has not met since that time. Kent Zickfield has served on the Commission since 1987, and David Hutson has served since 2007. They have continued to function as the SBD Commission, reviewing revenue, and submitting requests to the City for funds for improvements within the district. However, no formal meetings have been held. Mr. Kinder, Mr. Brinson and Mr. McGinty have not been involved in the SBD since the time of the CID establishment, and are either not qualified to serve or not interested in continuing to serve on the commission. Sec. 2-98 of the City Code states that no person may serve more than three consecutive full terms on the same advisory board, but this term limitation does not apply if the city council makes a finding that special expertise is required, and there are no other qualified applications on file. Qualified applications on file include Kent Zickfield, David Hutson, Dennis "Doc" Cain, and Jim Maevers, all who own property or a business within the district. If a finding of expertise is made, Mr. Zickfield and Mr. Hutson can continue to serve on the Commission. GENERAL DIRECTION Unless directed otherwise, four appointments of the five available positions on the Special Business District Advisory Commission will appear on your next agenda for consideration. ATTACHMENTS: Name: Description: ❑ SBD Advisory BoardRoster 03-31-2021.doc SBD Commission Roster ❑ Ordinance.12owers.20221.docx SBD Commission Ordinance ❑ Cain.Dennis.l2-01-20.odf Cain, Dennis - application ❑ Huts on.david.2020-12-08.ndf Hutson, Da\id - application ❑ Maevers.Jim03-2421.pdf Mae\,ers, Jim - application ❑ Zickfield.Kent.12-O1-20.ndf Zickfield, Kent - application CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees March 15, 2021 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only two consecutive full terms on the same board or commission. Special Business District Advisory Commission Serve three year terms, appointed by Council. Meetings are called by Chairman; required to meet one time per year. The City Manager or his designee shall serve as an ex officio member. Commission administers downtown special business district. Molly Mehner, Development Services Director, 339-6327. * As of 6/7/2017, the City Clerk is not to present appointment of the members of the Special Business District Advisory Commission to the City Council for consideration. Date Appointed Date Reappointed Term Expires Frank M. Kinder August 4, 2003 7/17/06; 6/15/09, 6/18/12 June 30, 2015 * Phillip Brinson January 22, 2002 7/21/03; 7/17/06 June 30, 2015 * 6/16/08; 6/15/09, 6/18/12 Charles P. McGinty, Jr. June 18, 2001 7/19/04,6/30/07; 6/21/10 June 30, 2016 * 6/17/13 David Hutson July 23, 2007 6/16/08; 06/20/11; 7/7/14 June 30, 2017 * Kent Zickfield January, 1987 6/21/99; 6/17/02; 6/20/05 June 30, 2017 * 7/18/11; 7/7/14 Serve three year terms, appointed by Council. Meetings are called by Chairman; required to meet one time per year. The City Manager or his designee shall serve as an ex officio member. Commission administers downtown special business district. Molly Mehner, Development Services Director, 339-6327. * As of 6/7/2017, the City Clerk is not to present appointment of the members of the Special Business District Advisory Commission to the City Council for consideration. Sec. 2-145. - Special Business District Advisory Commission. (a) Establishment. The city council shall have sole discretion as to how the revenues of special business district number 2 shall be used within the scope of City Ordinances. To assist in exercising this discretion, a Special Business District Advisory Commission is hereby created. (b) Membership. The advisory commission shall consist of five (5) members, chosen from individuals who own property or operate a municipally licensed business within the boundaries of the district, with reference to their fitness for such offices. No member of the municipal government shall be a member of the advisory commission. However, the city manager shall be designated an ex officio member of said commission, and he shall be permitted to designate other city staff to serve in an ex officio capacity from time to time. (c) Term of office. Except as otherwise provided by section 2-98 of the City Code, the city council shall appoint members of said advisory commission for terms of three (3) years beginning on the first day of July. All members' terms shall be staggered so that two (2) members' terms shall expire each year, but every third year only one (1) member's term shall expire. (Ord. No. 2701, art. 5, 4-3-00) Sec. 2-146. - Duties of advisory commission. The advisory commission has the responsibility of performing the primary administrative functions of the district. These functions include, but are not limited to, the following: (1) Officers and committees. The advisory commission shall meet annually during the month of July to elect one (1) of their number as chairman, another as vice chairman, and yet another as secretary -treasurer, and by the election of such other officers as they may deem necessary. The chairman, vice chairman and secretary -treasurer of the advisory commission shall function as an executive committee, and the members of the advisory commission may create such other committees as they deem necessary. (2) By-laws. The advisory commission shall make and adopt such by-laws, rules and regulations for their own guidance and for the administration of the district as may be appropriate, but not inconsistent with the ordinances of the city or the statutes of the State of Missouri. (3) Development plan. The advisory commission shall be responsible for the development and maintenance of an overall plan of action for the district. This plan will be construed to be the major policy instrument of the district, and all expenditures and activities are to be reviewed in light of the plan. This plan shall be consistent with the comprehensive development plan of the city. The advisory commission shall be required to hold at least one (1) meeting a year, to which all individuals owning property and/or operating a municipally licensed business within the boundaries of the district are actively encouraged to attend with the expressed purpose of reviewing and updating the plan. (4) Budget. The advisory commission shall be required to create and maintain a line -item budget for any existing revenue and the anticipated revenue of the district for the year following the date of the last -published budget. Said budget must be published annually and submitted to the city council for approval by the first of February. Prior to the submittal of the budget to the city council, the advisory commission shall be required to hold at least one (1) meeting to which all individuals owning property and/or operating a municipally licensed business within the boundaries of the district are actively encouraged to attend with the expressed purpose of reviewing the proposed budget. The advisory commission may make recommendations for the modification or elaboration of the budget to the city council at any time. (5) Annual report. The advisory commission shall be required to submit an annual report of its activities to the city council by the first of April of each year. This report should inventory the projects undertaken by the district in the preceding year and their status, minutes of all meetings held by the advisory commission and any of its committees, relevant correspondence, a copy of the latest plan adopted for the district, a financial report of the district, a statement by the executive committee on the status of the effectiveness of the district, and such other items as may be deemed relevant by the advisory commission. Upon receipt of the annual report, the city council shall place the same on file with the city manager and note that it is available for public inspection. (Ord. No. 2701, art. 5, 4-3-00) Staff: Agenda: 4/5/2021 SUBJECT Advisory Board Minutes ■ Airport Advisory Board Minutes, February 9, 2021 ■ Board of Adjustment Minutes, February 4, 2021 ■ Public Library Board of Trustees, March 11, 2021 ATTACHMENTS: Name: Description: ❑ AirportBoard-Minutes.docx Feb 9 2021.pdf Airport Adusory Board Minutes ❑ Board of Adjustment Minutes 02-042021 (Il.ndf Board of Adjustment Minutes ❑ 02-11-21rrinutes.docx Public Library Board of Trustees Minutes CITY 'F CAPE GIRARDEAU REGIONAL AIRPORT - CGI Cape Girardeau Regional Airport Advisory Board Meeting - Minutes February 9, 2021 The Cape Girardeau Regional Airport Advisory Board held their regular meeting on February 9, 2021, 11:32 am Via -Zoom. Board Members Present: Ryan Dewrock, Chairman Justin Davison, Board Member Richard Knote, Board Member Beverly Cleair, Board Member Mike Marshall, Board Member Jeff Brune, Board Member Mark Seesing, Board Member Staff Present: Katrina Amos, Airport Manager Stacy Kinder, Council Liaison Audrey Lorch, Airport Support Spec. Derrick Iwrin, Flight Line Supervisor Jeff Long, SEMissourian Reporter Absent: Mark Welker, Vice Chairman; Joe Uzoaru, Board Member Call to Order/Approval of Minutes - The meeting was called to order at 11:32am. Mr. Brune moved and Ms. Cleair seconded the motion to approve the minutes from the January 12, 2021 minutes. The motion was approved by unanimous vote. II. Appearances — None III. Old Business - A. Airport Activity Report —Ms. Amos presented the January 2021 Airport Usage Report. The airline was down 58% for the month. January tends to be a slower month on average; however the airline is still being affected by COVID-19. Ms. Amos noted the projected enplanement data for 2021 was calculated by Volaire Aviation Consulting in May 2020. It's too early to know if this projection is accurate but 2020's projections were fairly close. General aviation was down slightly but seems to be picking up. Ms. Amos reported the hours of operation have officially been changed and hopes it will help improve overall customer service. She noted only positive feedback had been received so far. Ms. Amos asked Board members who frequent the airport to offer any information or advice pertaining to the new hours and customer service needs within the FBO. It was also noted a partition has now been installed in the Cape Aviation lobby area to allow customers the use of the pilots lounge, mapping room, and restrooms during off hours. There will also be a door code installed to enable pilots to get into the FBO after hours. B. Cape Aviation Report — Mr. Irwin reported fuel sales are trending up compared to last year, he reported that 100LL had a 98% increase at 4,972 gallons sold compared to last year's 2,500 gallons. Mr. Irwin commented that inclement weather has decreased operations slightly but believes it's only a temporary decrease. C. Projects - Terminal Area Master Plan (TAMP) — Ms. Amos reported the FAA currently have the final chapters for review and are very close to approving. They have the full document in hands to review. At this time since we have conditional approval of site location, we will now move forward on the hangar development portion. Hangar Development- Ms. Amos reported in her weekly discussions with the FAA, it was determined the airport would need to advertise for an Owner's Representative to assist with preparing bridging documents for any projects being considered for the design -build delivery method. Hangar development is one of those projects so it will be included in the Owner's Representative solicitation. Ms. Amos hopes to have the notice advertised within the next couple of weeks. Discussion continued on this topic. Restaurant Lease Update — Ms. Amos reported as of February 5, 2021, Sandy's Place has now relocated to their new restaurant. Airport staff is now working to clean the restaurant facilities and equipment in preparation for a new tenant. At this time, airport staff is exploring several options but no official decisions have been made. IV. New Business - A. Agricultural Lease Agreement— Ms. Amos informed the Board she would be amending the current Agricultural Land Lease with MJB Farms to include the additional 61 acres purchased in the NW quadrant of the airport. This acreage will add an additional $10,000 in revenue to the current agreement for 2021. The agricultural lease will be advertised this summer for a new 5 -year agreement to begin January 2022. B. Personnel Changes — Personnel items were discussed in closed session. VI. Non -Agenda: None VII. Adjournment - There being no other business Mr. Dewrock moved to adjourn the meeting. Mr. Seesing seconded the motion. All were in favor. The meeting was adjourned at 12:40pm. Minutes prepared by: Audrey Lorch Airport Support Specialist CITY Of CAPE GIRARDEAU BOARD OF ADJUSTMENT R"IN MEETING MINUTES February 4, 2021 1, City Hall — Council Chambers Regular Members Present: Larry Caldwell, Charles Haubold, Tim Kelley, Skip Smallwood, William Whitlock Regular Members Absent: None Alternate Members Present: Ron Robertson Alternate Members Absent: Ed Hart, Dave Hinton Staff Present: Carol Peters, Ryan Shrimplin r.nll to Orritz-r Chairman Haubold called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the December 3, 2020 meeting were unanimously approved, as corrected, upon a motion made by Mr. Smallwood and seconded by Mr. Whitlock. ZONING CODE VARIANCES 1. A public hearing was held on the request of McDonald's USA, LLC for a variance from Section 30-334(e)(2), C-2 (Highway Commercial District) standards, for property located at 1701 North Kingshighway. Mr. Shrimplin explained that the applicant's representative is not in attendance, but is available by phone if the Board has any questions. Mr. Smallwood noted that the variance being requested is the same type of variance that was granted to MRV Banks for its development on the adjacent property. Mr. Shrimplin explained that the Development Code (Chapter 25 of the City's Code of Ordinances) now contains a provision requiring dumpsters to be screened on all sides using wood, masonry or other materials as approved by the City staff. The screening requirement alleviates some of the concerns about having a dumpster in the front yard. A staff report was submitted to the Board, containing the following findings of fact in reference to the variance request: Criterion #1: The variance request arises from a condition which is unique to the property in question and which is not ordinarily found, and is not created by an action or actions of the property owner or the applicant. Fin.. dins: The subject property has street frontage on all four of its sides. Two of the frontages are on public streets (North Kingshighway and North Mount Auburn Road). The other two frontages are on unnamed private streets. Per the Zoning Code, a yard extending across a lot between the main building and the street line (public or City of Cape Girardeau Board of Adjustment Meeting Minutes February 4, 2021 Page 2 of 4 private) is considered a front yard. Because there are streets on all sides of the property, all of the yards along them are front yards. This qualifies as a unique condition because properties typically don't have front yards on all sides. Criterion #2: Approval of the variance request will not adversely affect the rights of adjacent property owners or tenants. Findin The adjacent property to the south also has front yards on all of its sides, and the property owner obtained a variance in order to install its dumpster in one of the front yards. The other adjacent property, located to the west, is undeveloped and does not have front yards on all of its sides. When it does get developed, there will be rear or side yards in which a dumpster may be installed in accordance with the Zoning Code. As such, approval of the variance request will not adversely affect the adjacent property owners or tenants. Criterion #3: The strict application of the provisions of the Zoning Code from which the variance is requested will constitute unnecessary hardship upon the utilization of the property. Findin Denial of the variance request will constitute an unnecessary hardship because there is not sufficient room on the property for the dumpster unless it is in a front yard. Criterion #4: Approval of the variance request will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. Finding Approval of the variance request will not adversely. affect the public because the dumpster is required to be screened on all sides, maintained, and kept clean, regardless of its location. Criterion #5: Approval of the variance request is consistent with the general spirit and intent of the Zoning Code. FindiM. The unique condition of the subject property, the unnecessary hardship that will result if the request is denied, and the lack of an adverse effect on adjacent property owners, tenants, and the public form the basis for approving the variance request in keeping with the general spirit and intent of the Zoning Code. Based on the above findings, staff recommended approval of the variance request. Chairman Haubold opened the public hearing and, seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Smallwood and seconded by Mr. Whitlock to approve the variance request. The motion passed by a roll call vote of 5 in favor, 0 in opposition, and 0 abstaining (Aye: Caldwell, Haubold, Kelley, Smallwood, Whitlock). Chairman Haubold called for a motion to adopt the staff report as the Board's Findings of Fact and Conclusions of Law. Mr. Smallwood made a motion to adopt, which was seconded by Mr. Caldwell. The motion passed unanimously. OTHER ITEMS AND COMMUNICATION Advisory Board Training City of Cape Girardeau Board of Adjustment Meeting Minutes February 4, 2021 Page 3 of 4 The Board viewed a video presentation by Eric Cunningham, City Attorney, regarding the Missouri Sunshine Law (also known as the Missouri Open Meetings and Records Law) and the City of Cape Girardeau Conflicts of Interest Ordinance. He explained that the Sunshine Law applies to all public governmental bodies. Except as provided in the law, any public meeting must be held in a place that is reasonably accessible. Also, there must be a minimum twenty- four (24) hour notice of the date, time, place and tentative agenda for the meeting. He also explained that the law's definition of "public meeting" is very broad and includes communication among members of a public governmental body, in person and/or by means of communication equipment, on any matter of public business, whether or not a quorum is present. Mr. Cunningham explained what constitutes a conflict of interest under the City's ordinance and the steps that must be taken by a City official or employee if they have such a conflict, including public disclosure of the conflict and abstention from voting on and discussing the matter. Mr. Cunningham invited the Commission members to contact him or Mr. Shrimplin if they ever have any questions. Board Appointment Recommendation Mr. Shrimplin explained that the City Council recently changed the term limit for the City's advisory boards from three (3) consecutive full terms to two (2) consecutive full terms. As a result, Mr. Caldwell will reach his term limit on March 6, 2021. Ms. Peters requested the advisory board applications from the City Manager's Office and was informed that there were no active applications expressing -an interest in the --Board-- of Adjustment. However, four of the applicants, after being contacted by the City Manager's Office, indicated that they would be willing to serve on the Board if appointed. In addition, another application was just received, which indicates first preference for the Board. Mr. Smallwood stated that he was under the impression that alternate members would replace regular members when openings occurred, but the Council seems to only consider active applications when making an appointment. He understand's why the Council reduced the term limit — to create more opportunities for citizens to serve on an advisory board — but qualified candidates are difficult to find. He would like to see the applicants appear before the Board before it makes a recommendation. Chairman Haubold asked if the City conducts a background check on each advisory board applicant. Mr. Shrimplin stated that he does not believe so, as it would be expensive and could deter someone from submitting an application even if they have a clean record. Chairman Haubold stated that he feels alternate members should be considered first. Ms. Peters contacted the three (3) alternate members to see if they would be interested in becoming a regular member. None of them were interested. Mr. Robertson stated that he has reconsidered and is interested in becoming a regular member. Chairman Haubold stated that he would like to speak with the other two (2) alternate members and then resume discussion at the next meeting. The other Board members agreed to table the matter. Chairman Haubold asked them to reach out to individuals whom they feel would be a good fit for the Board and encourage them to apply. City of Cape Girardeau Board of Adjustment Meeting Minutes February 4, 2021 Page 4 of 4 Board Communication There were no communication items from the Board members. Staff Communication There were no communication items from the City staff. Adjournment There being no further business, the Board voted unanimously to adjourn the meeting at 8:10 p.m. upon a motion made by Mr. Caldwell and seconded by Mr. Whitlock. Respectfully submitted by: William Whitlock, Secretary CAPE GIRARDEAU PUBLIC LIBRARY BOARD OF TRUSTEES Thursday, Feb 11th, 2021 @ 7am via ZOOM Cape Girardeau Public Library ATTENDANCE Present: Amy Trueblood, John McGowan, Red Redinger, Emily Vines, Stacy Lane, John Voss, Rekha Patterson, Cindy Heischmidt, Dave Diveley Also present: Director Katie Earnhart, Linda Bailiff President Stacy Lane called the meeting to order at 7am. MINUTES The minutes were reviewed. John V. moved to approve the minutes, seconded by Dave. Motion passed. BILLS The bills were reviewed and discussed. PRESIDENT'S Stacy said she really likes the LitLocker video. The City Council is REPORT reviewing the local boards and will need a written report about how the library board works by June 4th. A draft will be written and brought to the library board before the deadline. DIRECTOR'S 1. Staff update. REPORT a. Since my last update, we have had one staff member test KATIE HILL positive and require quarantine. This employee was able to complete their scheduled hours from home. b. I have submitted my application for the Leadership Missouri program for 2021. 2. The LitLocker how-to video was distributed in mid-January. 3. The Community WiFi grant has seen more delays. Equipment was finally delivered at the end of December. Big River began the process of unboxing and preparing the units for installation and determined that the units would not hold up to the elements without some kind of weather-proof enclosure. Enclosures were ordered. While preparing the units for installation they realized that the special, weather-proof enclosures they ordered weakened the signal strength of the access points, rendering them unusable. After discussions, they scrapped their plans and had to order a different style of access points. These newer units cost an extra $440 per access point. Big River, wrote off the additional costs since there was miscommunication with their vendor about the need for weatherproof units. Big River has assured us that they are committed to this project and will do all they can to get the system up and running as soon as possible. 4. A mailer promoting the Limit 5 cards received a good response. Roughly 1200 mailers were sent out. To date, we have had 29 new card holders. 5. In January 2021, the library hosted the Bicentennial Photo Display to celebrate the state's bicentennial. The display was installed on January 7th and taken down on January 26th. This is a traveling display that will stop in numerous MO cities throughout the year. 6. MLA created a template letter to be sent to the director of the Missouri Department of Health and Senior Services as well as to local county health departments encouraging the State to include public library workers in Phase 1, Tier 3B of the COVID vaccination plan. Currently, library workers are not listed as receiving the vaccine in any phase of the State's vaccination plan. We modified the template and sent it off to the appropriate recipients. We received a response. Library workers remain in the Phase 3 category. Staff are encouraged, but not required to receive the vaccine when it becomes available to them. 7. AARP Tax Assistance program is delayed for this year. In a normal year, AARP would start tax prep services in late January and run through tax day. Due to the pandemic, they will not begin any kind of service until at least March I". They are looking to hold a modified service that will prohibit folks from being in person in order to receive tax help. We are working with them to ensure we can continue to host this service for the community. 8. We received notification that we have been awarded a 2021 Summer Reading Grant from the State Library of Missouri in the amount of $6,761. 9. I have completed the necessary steps to become a notary public. Now we have 2 full time and 1part time employees that are authorized to provide notary services. 10. The library now has a Business account with Amazon. Previously, staff would place Amazon orders via their own Amazon accounts and use the library credit card for these orders. It was time consuming to track down receipts/confirmations from staff and we also occasionally had staff accidently place personal amazon orders using the library credit card which the employee would then have to reimburse the library. a. The business account will allow for PO numbers for easier line item coding for Linda. She will also be able to view all transactions through the admin portal instead of having to track down receipts when it's time to pay the bill. This will also ensure that all purchases will be tax exempt. Finally, the library will also have an Amazon credit account. This will be a Net 30 account where all orders placed via the Cape Girardeau Public Library Amazon Business account will be 2 billed and paid monthly eliminating the accidently use of the library credit card for personal purchases. 11.2019-2020 Audit Review a. The yearly audit has been completed. You will note that we had a material weakness this year in how we handle invoice paying (see page 4). This came as a surprise, as our practices have not changed and yet this is the first year the auditor's took note of our procedures. In talking with our auditor, we discovered that they rotate their 'deep dives' for the City's audit and this year they happened to take a look at library/city payment procedures. Through their discussions with City and library staff it was determined that there is not enough oversight for library invoices. Meaning once a library invoice is submitted to the city, the city does not verify that check requests have matching invoices. I've been told that in year's past (before the transfer to the MUNIS system) there was a check and balance system but with the change in accounting software, practices were modified to adapt to the new system which lowered the level of oversight. Please know that while there was a material weakness found, there were no instances of fraud found. This adverse opinion is only to shine a light on a weakness and recommend that we modify our procedures to lessen the likelihood of fraud/theft in the future. We have taken that recommendation and have put new procedures in place. In late December, in consultation with the auditors, we made the following changes. Linda will continue to input the check requests as she always has into the MUNIS system. The city finance office will notify me when checks are ready for pick up. I will then review all checks issued by the City on our behalf and match them to the invoices before mailing them out. The material weakness, recommendation, and our corrective action plan is discussed on page 23. A note from the auditor, Jeff Stroder, is attached to verify that our procedural changes will remedy the issue. 3 CGPL Policy Manual changes to Youth Program Room Policy and Unattended Children Policy. After review, and with the addition of a POLICY & comma, Amy made a motion to approve these policies. John M. BYLAWS seconded the motion. Motion passed. COMMITTEE Article VI, Executive and Other Committees descriptions of the policy manual were reviewed. John M. made a motion to approve this article. Red seconded the motion. Motion passed. FRIENDS The artist who makes the book spines has resigned. A new artist search is underway. The Friends will meet February 16th at 4:30. Amy volunteered to attend this meeting via ZOOM. Thursday, March 4th @ 7am via ZOOM NEXT MEETING John M. made motion to adjourn the meeting, seconded by Cindy. Meeting adjourned at 7:45 am. ADJOURNMENT El