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HomeMy WebLinkAboutCouncil.Agenda.10-18-2021.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 October 18, 2021 5:00 PM City Council Chambers City Hall 401 Independence Agenda Documents, Videos Minutes, and Other Information: www.cityofcape.org/citycouncfl • Registration is required to speak at the meeting. Individuals desiring to speak must register no later than 4:30 pm, on Monday, October 18, 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 use of a properly worn face covering is recommended while in the building. • Hand sanitizer is available at the building entrance. It is recommended that attendees use hand sanitizer upon entry. Invocation Dr. Bruce Baxter, Superintendent of Southeast District- United Methodist Church Pledge of Allegiance Study Session No action will be taken during the study session Presentations • Employee Health and Dental Insurance Renewal Presentation Communications/Reports • City Council Staff Items for Discussion • Appearances by Advisory Board Applicants • Planning and Zoning Commission Report Appearances regarding items not listed on the agenda This is an opportunity for the City Council to listen to comments regarding items not listed on the agenda. The Mayor may refer any matter brought up to the City Council to the City Manager if action is needed. Individuals who wish to make comments must first be recognized by the Mayor or Mayor Pro Tem. Each speaker is allowed 5 minutes. Please face and speak directly to the City Council as a whole. The Mayor and Council Members will not engage or answer questions during the speaker's time at the podium. The timer will sound at the end of the speaker's time. After all members of the public have appeared, the City Council may respond and discuss issues that were brought forward by the speakers. • Agenda review Regular Session Call to Order/Roll Call Adoption of the Agenda Public Hearings Appearances regarding Items Listed on the Agenda Individuals who wish to make comments regarding items listed on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Each speaker is allowed 5 minutes and must stand at the public microphone and state his/her name and address for the record. The timer will buzz at the end of the speaker's time. Consent Agenda The Consent Agenda is a meeting method to make City Council meetings more efficient and meaningful to the members of the audience. All matters listed within the Consent Agenda have been distributed to each member of the Cape Girardeau City Council for reading and study, are considered to be routine, and will be enacted by one motion of the council with no separate discussion. Staff recommends approval of the Consent Agenda. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request of a member of the City Council. 1. Approval of the October 4, 2021, City Council regular session minutes and closed session minutes. 2. BILL NO. 21-148, an Ordinance granting a special use permit to Ritter Communications and Henderson Enterprises, LLC, for purposes of constructing, maintaining, and operating a fiber optic equipment shelter facility at 2365 Independence Street, in the City and County of Cape Girardeau, Missouri. Second and Third Readings. 3. BILL NO. 21-149, an Ordinance approving the record plat of Wood and Huston, Plat No. 1. Second and Third Readings. 4. BILL NO. 21-150, an Ordinance approving the record plat of Humane Society Subdivision. Second and Third Readings. 5. BILL NO. 21-151, an Ordinance authorizing the Mayor to execute Temporary Construction Easements, a Permanent Drainage easement, and a Special Warranty Deed to the Missouri Department of Transportation, for a project on Missouri Highway 177, in the City of Cape Girardeau, Missouri. Second and Third Readings. 6. BILL NO. 21-152, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of property located at the northeast comer of Baldwin Drive and County Road 618, in the City and County of Cape Girardeau, Missouri, from C-2 to R-3. Second and Third Readings. 7. BILL NO. 21-153, a Resolution authorizing the City Manager to execute a contract with Anthem for Employee Health Insurance Services, in the City of Cape Girardeau, Missouri. Reading and Passage. 8. BILL NO. 21-154, a Resolution authorizing the City Manager to execute a contract with Delta Dental for Employee Dental Insurance Services, in the City of Cape Girardeau, Missouri. Reading and Passage. 9. BILL NO. 21-155, a Resolution authorizing the City Manager to execute a Lease Agreement with Pilot House, Inc., for restaurant space and equipment, at the Cape Girardeau Regional Airport. Reading and Passage. 10. BILL No. 21-156, a Resolution authorizing the City Manager to execute a Lease Agreement with Larry Eftink Farms, at the Cape Girardeau Regional Airport. Reading and Passage. 11. Approval of the amendment to the Bylaws of the Cape Girardeau Parks & Recreation Foundation, Article III. 3. titled, Number of Directors; Qualifications. Items Removed from Consent Agenda New Ordinances 12. BILL NO. 21-157, an Ordinance authorizing the Mayor to execute a Quit Claim Deed to Off The Reservation, LLC, for property located on Camp Davis Lane, in the City of Cape Girardeau, Missouri. First Reading. 13. BILL NO. 21-158, an Ordinance accepting a Permanent Sanitary Sewer Easement from Off The Reservation, LLC, for property located on Camp Davis Lane, in the City of Cape Girardeau, Missouri. First Reading. 14. BILL NO. 21-159, an Ordinance approving the record plat of LifeHouse Subdivision. First Reading. Appointments 15. Appointment to the Parks and Recreation Advisory Board 16. Appointment to the Planning and Zoning Commission Other Business 17. Motion to set a Special City Council Meeting to declare the results of the November 2, 2021, election. 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 Golf Course Advisory Board. Advisory Board Minutes 0 Advisory Board Minutes Staff: Bruce Taylor, Deputy City Clerk Agenda: 10/18/2021 SUBJECT Approval of the October 4, 2021, City Council regular session minutes and closed session minutes. ATTACHMENTS: Name: Description: ❑ DRAFT 2021.10.04 Regulars es s ionMinutes.pdf Minutes 2021-10-04 regular session DRAFT Regular October 4, 2021 LL -101 STUDY SESSION — October 4, 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, October 4, 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 — October 4, 2021 CALL TO ORDER The Cape Girardeau City Council convened in regular session at the Cape Girardeau City Hall on Monday, October 4, 2021, starting at 6:00 p.m. with Mayor Bob Fox presiding and Council Members Robbie Guard, Stacy Kinder, Shelly Moore, Dan Presson, Nate Thomas, and Shannon Truxel present. ADOPTION OF THE AGENDA A Motion was made by Dan Presson, Seconded by Nate Thomas, to adopt the Agenda. Motion passed. 7-0. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, Truxel. PUBLIC HEARINGS A public hearing to consider a request for a special use permit for purposes of constructing, maintaining, and operating a fiber optic equipment shelter facility at 2365 Independence Street. The Agenda Report in the agenda packet presented for the record, a certified copy of the following items: (1) Section 30-401 entitled "Special Use Permits" from the City Code; (2) the application for Special Use Permit; and (3) the application file. Mayor Fox opened the hearing. David Jordan representing Ritter Communications appeared in favor, and he explained the proposed project. There being no other appearances, the hearing was closed. A public hearing to consider a request to rezone property at the northeast corner of Baldwin Drive and County Road 618 from C-2 to R-3. Mayor Fox opened the hearing. There being no appearances, the hearing was closed. APPEARANCES None. CONSENT AGENDA Approval of the September 20, 2021, City Council regular session minutes. DRAFT Regular October 4, 2021 LL -102 BILL NO. 21-145, an Ordinance amending Chapter 5 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding Sunday Liquor Sales. Second and Third Readings. BILL NO. 21-146, an Ordinance Appropriating the Expenditure of Transportation Trust Fund 6 Funds for Capital Expenditures for the Fiscal Year Ending June 30, 2022, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 21-147, a Resolution authorizing the City Manager to execute a Release of Lien for property located at 1215 Good Hope Street, under the Home Repair Opportunity Grant Program, in the City of Cape Girardeau, Missouri. Reading and Passage. Acceptance of waterline and sidewalk public improvements to serve the new VA (Veterans Administration) Behavioral Health Hospital at 711 S. Mt. Auburn Rd., in the City of Cape Girardeau. 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. 21-145 will be Ordinance NO. 5458; BILL NO. 21-146 will be Ordinance NO. 5459; and BILL NO. 21-147 will be Resolution NO. 3432. NEW ORDINANCES BILL NO. 21-148, an Ordinance granting a special use permit to Ritter Communications and Henderson Enterprises, LLC, for purposes of constructing, maintaining, and operating a fiber optic equipment shelter facility at 2365 Independence Street, in the City and County of Cape Girardeau, Missouri. First Reading. A Motion was made by Shannon Truxel, Seconded by Dan Presson, to approve. Motion passed. 7-0. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, Truxel. BILL NO. 21-149, an Ordinance approving the record plat of Wood and Huston, Plat No. 1. First Reading. A Motion was made by Shannon Truxel, Seconded by Robbie Guard, to approve. Motion passed. 7-0. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, Truxel. BILL NO. 21-150, an Ordinance approving the record plat of Humane Society Subdivision. First Reading. A Motion was made by Shannon Truxel, Seconded by Nate Thomas, to approve. Motion passed. 7-0. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, Truxel. BILL NO. 21-151, an Ordinance authorizing the Mayor to execute Temporary Construction Easements, a Permanent Drainage easement, and a Special Warranty Deed to the Missouri Department of Transportation, for a project on Missouri Highway 177, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Dan Presson, Seconded by Nate Thomas, to approve. Motion passed. 7-0. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, Truxel. DRAFT Regular October 4, 2021 LL -103 BILL NO. 21-152, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of property located at the northeast corner of Baldwin Drive and County Road 618, in the City and County of Cape Girardeau, Missouri, from C-2 to R-3. First Reading. A Motion was made by Robbie Guard, Seconded by Stacy Kinder, to approve. Motion passed. 7-0. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, Truxel. 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 leasing, purchase or sale of real estate, pursuant to RSMo. Section 610.021(1) and (2). Motion passed. 7-0. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, Truxel. The regular session ended at 6:06 p.m. Bruce Taylor, Deputy City Clerk Bob Fox, Mayor Staff: Ryan Shrimplin, AICP - City Planner Agenda: 10/18/2021 SUBJECT An Ordinance granting a special use permit to Ritter Communications and Henderson Enterprises, LLC, for purposes of constructing, maintaining, and operating a fiber optic equipment shelter facility at 2365 Independence Street, in the City and County of Cape Girardeau, Missouri. First Reading. EXECUTIVE SUMMARY The attached ordinance grants a special use permit for a fiber optic equipment shelter facility at 2365 (formerly 2399) Independence Street. A public hearing on the special use permit request was held on October 4, 2021. BACKGROUND/DISCUSSION A special use permit application has been submitted for the property at 2365 (formerly 2399) Independence Street, which is zoned C-2 (Highway Commercial). The applicant is proposing to construct and operate a fiber optic equipment shelter facility on the property, which is a special use in the C-2 district. The property is currently undeveloped. The proposed facility consists of an 8 foot by 12 foot equipment shelter and a generator on a concrete pad, with a 10 foot wide gravel access drive from Independence Street leading to a gravel parking area in front of the pad. The gravel parking area can accommodate two parking spaces. Refer to the attachments for more information. Certified copies of the application, application file, and the following applicable sections of the City Code are attached: Section 30-334 - C-2, Highway Commercial District Section 30-401 - Special Use Permits The attached ordinance grants a special use permit for the proposed fiber optic equipment shelter facility. A public hearing on the special use permit request was held on October 4, 2021. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IWACTS See the attached staff report for analysis. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the special use permit request, subject to several conditions. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing on September 8, 2021 and recommended approval of the special use permit request, subject to the staff recommended conditions, with a vote of 8 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City Councirs public hearing was advertised in the Southeast Missourian on September 19, 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: ❑ SUP Ritter Enterprise 2365 hrdependence.doc Ordinance ❑ Staff Review -Referral -Action Form.pdf 2365 Independence Street - Staff RRA Form ❑ Staff Report P Z SUP 2399 Independence Street (Fiber Optic Equipment Shelter Facility).pd 2365 Independence Street - Staff Report ❑ Man_ 2399_ Independence St SUP! Zonine.pdf 2365 Independence Street - Zoning Map ❑ Mapes 2399 Independence StSUP_ FLU.pdf 2365 Independence Street - FLU Map ❑ Application - 2399 Independence_Street SUP.pdf 2365 Independence Street - Application ❑ Ritter Communications - Cane 2365 Independence Street - Site Plan ❑ Fauipment Shelter Photo Ba,rVle.pdf 2365 Independence Street - Equipment Shelter Photo Example ❑ CC-2Tpdf G2 District Regulations ❑ Sec 30-401 -_Special Use Pemrits.pdf Special Use Permit Regulations BILL NO. 21-148 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO RITTER COMMUNICATIONS AND HENDERSON ENTERPRISES, LLC, FOR PURPOSES OF CONSTRUCTING, MAINTAINING, AND OPERATING A FIBER OPTIC EQUIPMENT SHELTER FACILITY AT 2365 INDEPENDENCE STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Henderson Enterprises, LLC, are the owners of certain property on which Ritter Communications wishes to construct, maintain, and operate a fiber optic equipment shelter facility, in the City and County of Cape Girardeau, Missouri; and WHEREAS, the proposed location of said shelter facility is 2365 Independence Street, Cape Girardeau, Missouri, which property is presently zoned C-2, Highway Commercial District; and WHEREAS, a Special Use Permit is required for said use in the C-2, Highway Commercial District. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council, having duly considered the application, finds that the granting of the Special Use Permit will not substantially increase traffic hazards, congestion, or fire hazards, nor will it adversely affect the general character of the neighborhood or the general welfare of the community, nor will it overtax public utilities or be in conflict with the comprehensive plan. ARTICLE 2. A Special Use Permit for the purposes of constructing, maintaining, and operating a fiber optic equipment shelter facility at 2365 Independence Street, in the City and County of Cape Girardeau, Missouri, located on the following described property: A PART OF LOT NO. 1, POPP'S SUBDIVISION AS RECORDED IN SURVEY BOOK NO. 8 AT PAGE NO. 158, LYING IN UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2" IRON PIN (SET) ON THE WEST LINE OF LOT 1 OF COURT 1 SUBDIVISION, PLAT NO. 2 AS RECORDED IN DOCUMENT NO. 2020-13087 IN THE LAND RECORDS OF SAID COUNTY, FROM WHICH A 1" IRON PIPE (FOUND) AT THE 1 NORTHWEST CORNER THEREOF BEARS, N 050 26' 54" E, 230.00 FEET; THENCE S 050 26' 54" W, 30.00 FEET ALONG SAID WEST LINE TO A 1/2" IRON PIN (SET); THENCE LEAVING SAID WEST LINE, N 840 33' 06" W, 30.00 FEET TO A 1/2" IRON PIN (SET); THENCE N 050 26' 54" E, 30.00 FEET TO A 1/2" IRON PIN (SET); THENCE S 840 33' 06" E, 30.00 FEET TO THE POINT OF BEGINNING, CONTAINING, 900 SQUARE FEET, MORE OR LESS. is hereby granted to Ritter Communications and Henderson Enterprises, LLC, to be effective ten (10) days after the date of passage and approval of this ordinance. The special use shall comply with all regulations set forth in the Zoning Code for the district in which the use is located except those which have been specifically excepted under this permit, and all other applicable ordinances of the City of Cape Girardeau, Missouri, and any special conditions contained in the Special Use Permit, a copy of which is attached hereto and incorporated herein by reference. The City Manager is hereby given the power to execute the Special Use Permit for and on behalf of the City of Cape Girardeau, Missouri. ARTICLE 3. Attached hereto is the formal Findings and Conclusions of the City Council. ARTICLE 4. This ordinance shall be in full force and effect ten (10) days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2021. ATTEST: Bruce Taylor, Deputy City Clerk N Bob Fox, Mayor Exhibit A SPECIAL USE PERMIT Ritter Communications and Henderson Enterprises, LLC, are hereby granted a Special Use Permit for the purposes of constructing, maintaining, and operating a fiber optic equipment shelter facility at 2365 Independence Street in the City and County of Cape Girardeau, Missouri, on the following described property for an indefinite period of time: A PART OF LOT NO. 1, POPP'S SUBDIVISION AS RECORDED IN SURVEY BOOK NO. 8 AT PAGE NO. 158, LYING IN UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2" IRON PIN (SET) ON THE WEST LINE OF LOT 1 OF COURT 1 SUBDIVISION, PLAT NO. 2 AS RECORDED IN DOCUMENT NO. 2020-13087 IN THE LAND RECORDS OF SAID COUNTY, FROM WHICH A 1" IRON PIPE (FOUND) AT THE NORTHWEST CORNER THEREOF BEARS, N 05° 26' 54" E, 230.00 FEET; THENCE S 050 26' 54" W, 30.00 FEET ALONG SAID WEST LINE TO A 1/2" IRON PIN (SET); THENCE LEAVING SAID WEST LINE, N 840 33' 06" W, 30.00 FEET TO A 1/2" IRON PIN (SET); THENCE N 05° 26' 54" E, 30.00 FEET TO A 1/2" IRON PIN (SET); THENCE S 840 33' 06" E, 30.00 FEET TO THE POINT OF BEGINNING, CONTAINING, 900 SQUARE FEET, MORE OR LESS. This Special Use Permit is granted upon the condition that the grantees be bound by all City ordinances which pertain to the Special Use Permit and that the grantees be bound by the following special conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the grantees 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. The special use shall meet all applicable requirements of the Zoning and Development Codes except for the landscaping and pavement exceptions approved as part of this permit. 2. The final design of the fence shall be subject to approval by the City staff. 3. The portion of the access drive located in the right-of- way shall be paved. 4. Major modifications to the special use (including, but not limited to, the site plan) shall require the approval of the City Council. 5. This permit shall automatically expire 12 months from the date of issuance if the building permit has not been issued. If the building permit is issued within this time frame and later expires due to lack of progress, then this permit shall automatically expire upon the expiration of the building permit. 6. This permit is not transferable without the approval of the City Council. IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of 2021. Dr. Kenneth Haskin, City Manager ATTEST: Bruce Taylor, Deputy City Clerk STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 2021, before me appeared Dr. Kenneth Haskin, 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 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: Exhibit B (IF APPROVED) CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , 20 , the Cape Girardeau City Council considered the application for a Special Use Permit dated August 10, 2021 filed by Ritter Communications and Henderson Enterprises, LLC for the property located at 2365 Independence Street, Cape Girardeau, Missouri, for the purposes of constructing, maintaining, and operating a fiber optic equipment shelter facility. In examining this application, the following factors were considered and found as noted: The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-401 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved Denied X Approved with conditions specified on the attached Special Use Permit (SEAL) ATTEST: Bruce Taylor, Deputy City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Bob Fox, Mayor Yes No N/A City Council Findings: The Proposed Special Use, with the stated conditions, would: 1. Substantially increase traffic hazards or congestion X 2. Substantially increase fire hazards X 3. Adversely affect the character of the neighborhood; X or in respect to special use permits for dwelling purposes where required, be adversely affected by the character of the neighborhood. 4. Adversely affect the general welfare of the community X 5. Overtax public utilities. X The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-401 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved Denied X Approved with conditions specified on the attached Special Use Permit (SEAL) ATTEST: Bruce Taylor, Deputy City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Bob Fox, Mayor (IF DENIED) CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , 20 , the Cape Girardeau City Council considered the application for a Special Use Permit dated August 10, 2021 filed by Ritter Communications and Henderson Enterprises, LLC, for the property located at 2365 Independence Street, Cape Girardeau, Missouri, for the purposes of constructing, maintaining, and operating a fiber optic equipment shelter facility. In examining this application, the following factors were considered and found as noted: Yes No N/A City Council Findings: The Proposed Special Use, with the stated conditions, would: 1. Substantially increase traffic hazards or congestion 2. Substantially increase fire hazards 3. Adversely affect the character of the neighborhood; or in respect to special use permits for dwelling purposes where required, be adversely affected by the character of the neighborhood. 4. Adversely affect the general welfare of the community 5. Overtax public utilities. The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-401 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved X Denied Approved with conditions specified on the attached Special Use Permit (SEAL) ATTEST: Bruce Taylor, Deputy City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Bob Fox, Mayor CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Special Use Permit Application FILE NO. 1421 LOCATION: 2399 Independence Street STAFF RE VIEW & COMMENTS: Fitter Communications is requesting a SUP for a fiber optic equipment shelter on property in the C-2 (Highway Commercial) zoning district at 2399 Independence Street. SEE STAFF REPORT FOR FURTHER INFORMATION. j City PI r Cl Date City Aho ey Date CITY MANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION. City M r Date Planning & Zoning Commission Public Hearing Pasting Date: Public Hearing Date; RECOMMENDED ACTION; FaWUr Oppose Abstain Favo} Oppose Abstain Scott Blank ❑ Melissa Stickel 2d[aLlDevin Greaser ud, ❑ L3Ed Thompson ❑ ❑ Derek Jackson R5 ❑ ❑ Sid Whittington ❑,/ ❑ ❑ Patrick Koetting Gni ❑ L] Deborah Young I p ❑ Nick Martin a ❑ Lj VOTE COUNT: Favor 0 Oppose D Abstain COMMENTS; CITIZENS COMMENTING AT MEETING; 0 atr k Koett' 'g Planning & Zoning Commission Secretary Public Hearing Posting Date: City Council Action Public Hearing Date; Ordinance I" Reading Ordinance 2"d & 3'"d Reading: VOTE COUNT: Favor Oppose ORDINANCE # Effective Date: Abstain CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner MEETING DATE: September 8, 2021 SUBJECT: Special Use Permit Request for Property at 2399 Independence Street A special use permit application has been submitted for the property at 2399 Independence Street, which is zoned C-2 (Highway Commercial). The applicant is proposing to construct and operate a fiber optic equipment shelter facility on the property, which is a special use in the C-2 district. The property is currently undeveloped. The proposed facility consists of an 8 foot by 12 foot equipment shelter and a generator on a concrete pad, with a 10 foot wide gravel access drive from Independence Street leading to a gravel parking area in front of the pad. The gravel parking area can accommodate two parking spaces. The Zoning Code (Chapter 30 of the City's Code of Ordinances) authorizes the City Council to grant special use permits in accordance with Section 30-401. In order for a special use permit to be granted, both the Planning and Zoning Commission and the City Council must consider and make findings of fact with regard to certain criteria. Staff has reviewed the application in relation to the criteria and made the following findings: Criterion #1: The proposed special use will not substantially increase traffic hazards or congestion. Finding: The proposed facility will be unmanned. There will be no traffic except for maintenance purposes. Criterion #2: The proposed special use will not substantially increase fire hazards. Finding: The proposed facility will not involve any activities or materials that substantially increase fire hazards. It will operate in compliance with the City's Building and Fire Codes. Criterion #3: The proposed special use will not adversely affect the character of the neighborhood. ItP4pA s� ,u 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT Finding: The subject property is located in a commercial corridor. The nearest residential property is over 800 feet away. The proposed facility will be situated in the southeast corner of the property, behind the Orscheln store. The facility will be visible from the Cape LaCroix Recreational Trail. The applicant is proposing to screen the sides and rear of the facility in order to mitigate the visual impact to users of the trail. Criterion #4: The proposed special use will not adversely affect the general welfare of the community. Finding: The proposed facility will allow the applicant to provide communication services to the city's residents and businesses. Criterion #5: The proposed special use will not overtax public utilities. Finding: The proposed facility will only require electric and gas services, which are readily available. In reviewing the application, staff has identified the following exceptions from the Development Code (Chapter 25 of the City's Code of Ordinances): Landscaping. Section 25-803(a) requires a minimum of 15% of the total area of the site to be landscaped. Section 25-804(b) requires a minimum of 15% of the total area of the parking lot to be landscaped. In lieu of providing the required landscaping, the applicant is proposing to install a vinyl privacy fence along the rear and sides of the facility. This qualifies as a substantial equivalent because these two requirements are primarily intended to provide an aesthetic enhancement, which the proposed fence also provides. Pavement. Section 25-205(c) requires the parking spaces and the first 75 feet of the access drive to be paved. The intent of this requirement is to provide a high- quality driving surface for commercial traffic, and to prevent gravel from being transferred to the street by vehicles. The proposed facility will be unmanned and there will be no traffic except for maintenance purposes. Additionally, due to the size and location of the facility, it is very likely that additional development will occur on the property in the future. When such development does occur, it will likely screen the facility from the street to a certain extent and possibly upgrade a portion of the access drive to pavement. This qualifies as a substantial equivalent. Based on the above findings, staff recommends approval of the special use permit request, subject to the following conditions: ItP4pA s� ,u 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT 1. The special use shall meet all applicable requirements of the Zoning and Development Codes except for the landscaping and pavement exceptions approved as part of this permit. 2. The final design of the fence shall be subject to approval by the City staff. 3. The portion of the access drive located in the right-of-way shall be paved. 4. Major modifications to the special use (including, but not limited to, the site plan) shall require the approval of the City Council. 5. This permit shall automatically expire 12 months from the date of issuance if the building permit has not been issued. If the building permit is issued within this time frame and later expires due to lack of progress, then this permit shall automatically expire upon the expiration of the building permit. 6. This permit is not transferable without the approval of the City Council. ItP4pA s� ,u 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org 2399 Independence Street Special Use Permit Request 97 P Special Use Permit Requested for a fiber optic equipment shelter :97 P in the C-2 (Highway Commercial) District 97 Future Land Use Recommendation: Suburban Mixed Use 97 97 �� # :350 • 97 _ m J • �Z Z 97 i9?9.9 •9.97 - ; Independe a St" -_ t 106 - 2399 • �4 1 Proposed location of fiber optic equipment shelter i i 2436' 4y 430 4 its r s 2437 243 ; D2R37.29137 •2437 y` A N WE - 2410 S = CITYOf CAPE G I R A R D E A U Created by: Development Services Carol Peters ry August 16, 2021 Ilam mlin 15 • 1 5 0 17 0 r •19 25 `3 r� Merriwether_St � Y 31 J • 10 Legend (D 2 406 .11 EMSpecial Use Permit Leased Area y Parcels r 404 Zoning District 240 C2 " - M1 2399 Independence Street Special Use Permit Request r- 171 - •'a 97 Special Use Permit Requested for a fiber optic equipment shelter;97 in the C-2 (Highway Commercial) District •97 Future Land Use Recommendation: Suburban Mixed Use :97 s: 97 • p 350 97 *+ i • r� m �7 �,1 J 97 97 Z i i9� • •9.97 Independences 106. 1 2399 r z Proposed location of fiber optic equipment shelter 2436 2430 2437 243 137.21137 Y� •2437 ` ,. I 4� 1 1 1 N W E 2410 c S JI 2406 ' CITYOf CAPECO G I R A R D E A U Created by: Development Services 2406''' Carol Peters August 16, 2021 _ — Iliam St 15 19 • 5 F 19 7 Merriwether 31 • Legend QSpecial Use Permit Leased Area Parcels Future Land Use 404 Suburban Mixed Use Regional Commercial Local Commercial \ REZONING 1 SPECIAL USE PERMIT APPLICATION i. CITY of CAPE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT. 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (673) 339- 327 Property Address/location �} �j �>r west of address 11 S Kingshighway; 37.306303,-89.554737 vS r l ►� tf -2 y14u"lce Applicant Property Owner of Record (if other than Applicont) Ritter Communications HENDERSON ENTERPRISES LLC (Daniel Henderson) Mailing Address City, State, Zip Mailing Address City, State, Zip PO BOX 17040 Jonesboro, AR 72403 - — 437 COUNTY RD 318 JACKSON, MO 63755 — - Telephone -- Email Teiephone Entail 870-926-2855 darrid@356-solutions.com 573-587-1837 ezclean@gmail.com Contact Person (1f Applicant is a Business or Organization) (Attach additional owners information, if necessary) David Jordan Type of Request L3 Rezoning [d Special Use Permit 0 Both Existing Zoning District Proposed Zoning District (Rezoning requests only) C-2 Legal description of property to be rezoned and/or upon which the special use is to be conducted A PART OF LOT NO. 1, POPP'S SUBDIVISION AS RECORDED IN SURVEY BOOTS NO. SAT PAGE NO. 158, LYING IN UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT A 112" IRON PIN (SET) ON THE WEST LINT= OF LOT 1, COURT 1 SUBDIVISION, PLAT NO. 2 AS RECORDED IN PLAT DOCUMENT NO. 2020-13087, FROM WHICH A 1" IRON PIPE (FOUND)AT THE NORTHWEST CORNER THEREOF BEARS, N 05° 26'54" E, 230.00 FEET: THENCES 05' 26'54" W, 30.00 FEET ALONG THE SAID WEST LINE OF LOT 1 TO A 112" IRON PIN (SET), THENCE LEAVING SAID WEST LINE, N 84' 33,06" W, 30.00 FEET TO A 1/2" IRON PIN (SET); THENCE N 05" 26'54" E, 30.00 FEET TO A 112" IRON PIN (SET); THENCE S 84° 33'06" E, 30.00 FEET TO THE POINT OF BEGINNING, CONTAINING, 900 SQUARE FEET, MORE OR LESS. Describe the proposed use of the property. Installing a Unmanned Fiber Optic 8x12 foot Shelter to house equipment that will serve the city of Cape Girardeau with Fiber Internet, Data Storage solutions, and communication solutions. This building will be the only one in Cape and necessary for the building of the fiber infrastructure in the City. Application continues on next page OFFICE LISE ONLY Date Received & By d - i � � File# t 12 f MUNIS Application # 11526 MU'NIS Permit S# Application Fee Received $ U Check # l;] Credit Card ❑ Cash Planning & Zoning Commission Recommendation Gate City Council Final Action Date Revised 12/05/2019 '. p echil Use Cnii erki (S ii Us a Panmii ii a gists cin lyj ExplaiinticiwttlespeciciAciepErmitregcejlrrieicistMecritericiaelaw. Attochlado itiorialshe Eits,ifrEceisciq. 1) TMetlnoposEdsKleicia,lusE i0ArOlt SLIMsitanticillyinicrecisetraffic kazardiarcioriglcsVon. NCI �) TMeprioposEdsKlEcia,lusE will rot substantia rVyirareasefireMauarcs . 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I Plan 11 Eid DEIVE laprr E nt reizoniir gs anc SlpEicial L se PE limits c rely; C nie 11) set cd Plan Ed DevEdcpME lit daaumerits (Plar rec Ile%Eilc p1mar1 nezanin€Is c IN) CERTIT KATIONS The u ride nsignEic h nety ceutifiEis 1hal: 1) TlhEiyan(ilhEPraperlyOwriEir(s)ofRecclid fcntHEprctiidEsciiiin1his aplpllicaiicn; 2) 1hEy acknicwlEicgEi 1hal 1 h e spEcial use permil, if applraved, mill tEcarr e null anic zoic if the usE fcn mhich tHEi permit was €InanitEidccesratccmmErcewith inWEINE 12; rrani hsOf1hE aplppioealdate, Lnlesian1ExtemianHasbEer @nantEd;arc 3) 1 hE y acknom IEidg e 11 -al 1 hE y ane rEspansiblE for E nsu nirig 11 -al all nE quirE d licer ses ar d pE limits ane c ttair ec p nior to cc rrirriE nein@l arty u s e or m a rk an t h e ppiaperty. 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N Broadview St I n d e p e n d e n c e S t O r s c h e l n F a r m & H o m e 1 1 S K i n g s h i g h w a y C a p e G i r a r d e a u , M O 6 3 7 0 3 37.306303,-89. 5 5 4 7 3 7 8' Vin y l S e m i Private F e n c e along 3 sid e s u p t o edge o f P a d PO Box 2770 Jonesboro, Arkansas 72402 Phone 870-926-2855 30 ELM ST. Marked Tree, Arkansas 72365 Office: (870) 358-4400 ****NOTICE**** INFORMATION ON THIS DOCUMENT IS PROPRIETARY AND SHALL NOT BE USED, COPIED, REPRODUCED OR DISCLOSED IN WHOLE OR IN PART WITHOUT WRITTEN CONSENT. DRAWINGS ARE "NOT TO SCALE" UNLESS NOTED. CONTRACTOR TO LOCATE ALL BURIED UTILITIES PRIOR TO CONSTRUCTION. 21.69.01011 - Cape Shelter Site Detail P a g e 2 G e n e r a t o r 2 " S c h 8 0 A M E R O N P i p e f o r M e t e r B a s e w / 1 " G r n d S l e e v e ATS-( 1 ) 2 " C o n d u i t f o r G e n e r a t o r (1) 1" C o n d u i t f o r A T S C o n t r o l w i r e 3 " g a p b e t w e e n p i p e s 6 ' - 9 " 6 ' - 6 " 1 ' - 1 1 " 6'-6" 1 1 3 6 10'-0"Pad 1 1 0 6 9 2 4 9 2 8 2 1 ' - 7 " P a d 1 3 ' - 6 " 1 3 ' - 6 " 1 2 1 6 2 1 2 1 19 1 " S c h 4 0 G r o u n d i n g S l e e v e 1 0 6 1 2 1 6 # 2 T i n n e d C U G r o u n d r i n g w / ( 1 0 ) 5 / 8 x 8 ' r o d s ( 1 4 ) 1 . 2 5 " P i p e s A p p x . 2 5 ' 2 3 2678 (14)1.25" PipesAppx. 54' 3 0 ' E a s e m e n t 2 " E l e c t r i c P i p e 1 " D a t a P i p e 1 1 / 4 " P i p e # 2 G r o u n d W i r e E a s e m e n t L i n e 5 / 8 " x 8 ' G r n d R o d G A S L I N E S i t e L e g e n d 1 " S c h 4 0 G r o u n d i n g S l e e v e 3 0 ' S I T E E a s e m e n t 36x60x36Hand Hole 3 6 x 6 0 x 3 6 H a n d H o l e 2 " S c h 4 0 G A S S l e e v e 30' SITEEasement 3 0 ' S I T E E a s e m e n t S E N E SW NW 1 0 ' U t i l i t y & A c c e s s E a s e m e n t t o S i t e 8' Vinyl SemiPrivate Fence on 3Sides up to edgeof Pad. PO Box 2770 Jonesboro, Arkansas 72402 Phone 870-926-2855 30 ELM ST. Marked Tree, Arkansas 72365 Office: (870) 358-4400 ****NOTICE**** INFORMATION ON THIS DOCUMENT IS PROPRIETARY AND SHALL NOT BE USED, COPIED, REPRODUCED OR DISCLOSED IN WHOLE OR IN PART WITHOUT WRITTEN CONSENT. DRAWINGS ARE "NOT TO SCALE" UNLESS NOTED. CONTRACTOR TO LOCATE ALL BURIED UTILITIES PRIOR TO CONSTRUCTION. 21.69.01011 - Cape Shelter Site Detail P a g e 1 Sit e E a s e m e n t 3 0 x 3 0 E x i s t i n g G r o u n d L e v e l G e n e r a t o r Fiber Inter n e t Utility Shel t e r 1 ' - 5 " 8 ' - 0 " 8 ' V i n y l S l a t P r i v a c y F e n c e PO Box 2770 Jonesboro, Arkansas 72402 Phone 870-926-2855 30 ELM ST. Marked Tree, Arkansas 72365 Office: (870) 358-4400 ****NOTICE**** INFORMATION ON THIS DOCUMENT IS PROPRIETARY AND SHALL NOT BE USED, COPIED, REPRODUCED OR DISCLOSED IN WHOLE OR IN PART WITHOUT WRITTEN CONSENT. DRAWINGS ARE "NOT TO SCALE" UNLESS NOTED. CONTRACTOR TO LOCATE ALL BURIED UTILITIES PRIOR TO CONSTRUCTION. 21.69.01011 - Cape Shelter Site Detail P a g e 3 7/13/2021 Cape Girardeau, MO Code of Ordinances Sec. 30-334. - C-2, highway commercial district. (a) Purpose. The C-2 district provides for commercial uses typically found along major thoroughfares, which are generally more intensive than uses permitted in the other commercial districts. As such, this district is primarily intended for areas of the city located in high-volume traffic corridors. In addition to uses permitted in the C-1 district, the C-2 district permits commercial developments requiring long term outdoor display of merchandise. Other uses having the potential to significantly affect adjacent residential and commercial districts may be allowed with approval of a special use permit. (b) Permitted principal uses. (1) Arenas or stadiums. (2) Art galleries or museums. (3) Auditoriums or theaters. (4) Banks or other financial institutions. (5) Banquet facilities. (6) Bed and breakfasts. (7) Commercial day cares. (8) Commercial recreation facilities. (9) Driving ranges. (10) Funeral homes or mortuaries. (11) Governmental facilities. (12) Health or fitness centers. (13) Helicopter landing pads, heliports or other landing areas in relationship with a hospital. (14) Hospitals. (15) Hotels or motels. (16) Institutions of higher education, including business, career or technology schools. (17) Instructional schools for art, dance, music, martial arts or other disciplines. (18) Kennels. (19) Libraries. (20) Medical marijuana dispensary facilities, as permitted in section 30-415, supplemental regulations. (21) Meeting halls. (22) Microbreweries. (23) Mini warehouses or self -storage units. (24) Nurseries or greenhouses. 1/4 7/13/2021 Cape Girardeau, MO Code of Ordinances (25) Nursing homes. (26) Offices. (27) Outdoor storage facilities for recreation vehicles or watercraft. (28) Parks or playgrounds. (29) Personal service establishments. (30) Pet grooming facilities. (31) Police or fire stations. (32) Residential treatment facilities. (33) Restaurants or bars. (34) Retail or rental establishments. (35) Television or radio studios, including any transmitting facilities. (36) Transit terminals. (37) Transitional housing. (38) Vehicle fueling, service or repair facilities, excluding body or paint shops. (39) Veterinary clinics or animal hospitals. (40) Warehouses or distribution centers. (41) Wineries. (c) Permitted accessory uses. (1) Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-403, supplemental regulations. (2) Short term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (3) Solar energy systems, as permitted in section 30-4101 supplemental regulations. (d) Special uses. (1) Amusement parks. (2) Billboards, as permitted elsewhere in the City Code. (3) Campgrounds, travel trailer or recreation vehicle parks. (4) Long term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (5) Manufactured business units, for office use only. (6) Public utilities, except for buildings or accessory structures that are normal and customary in a zoning district which would allow other buildings or structures of the same nature as a use - by -right. (7) Short term or long term use of shipping containers for principal uses, as permitted in section 2/4 7/13/2021 Cape Girardeau, MO Code of Ordinances 30-402, supplemental regulations. (8) Telecommunication towers, as permitted in section 30-404, supplemental regulations. (9) The allowance of additional height up to a total of one hundred (100) feet, not to exceed a total of eight (8) stories. (10) Vehicle body or paint shops. (11) Vehicle washing facilities, automatic or hand wash. (12) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. (e) Standards. (1) Outdoor display of merchandise is permitted in accordance with the following provisions: a. Displays shall not be located in a right-of-way. b. Displays shall not be located in parking spaces used to meet the minimum number of parking spaces as required elsewhere in the City Code. Vehicles for sale or rental and displays that are part of a bazaar, craft sale, garage or yard sale, or similar temporary event are exempt from this requirement, as determined by the city manager. c. Displays shall not impede vehicular or pedestrian access. d. Displays shall not alter the structure of any building. e. Displays shall not create a health or safety hazard. f. Displays shall be well kept and orderly. g. Signs may be displayed as permitted elsewhere in the City Code. h. The display of seasonal items shall be limited to a time period that is customary for the season associated with the display, which shall be at the discretion of the city manager. (2) Outdoor service areas and equipment such as loading docks, mechanical equipment, storage areas, or waste containers shall be located in the rear or side yard and screened as required elsewhere in the City Code. (f) Height, area, width, setback and open space requirements. (1) Maximum height: Sixty (60) feet, not to exceed five (5) stories. (2) Minimum lot area: None. (3) Minimum lot width: None. (4) Minimum setbacks: a. Front yard: Twenty-five (25) feet. b. Rear yard: None, except twenty (20) feet when adjacent to a residential use or district, or ten (10) feet when adjacent to an agricultural use or district. c. Side yard: None, except twenty (20) feet when adjacent to a residential use or district, or ten (10) feet when adjacent to an agricultural use or district. (5) Minimum open space. Fifteen (15) percent of the lot area. 3/4 7/13/2021 (Ord. No. 5211 , art. 5, 7-15-19) Cape Girardeau, MO Code of Ordinances Editor's note— Ord. No. 5211 , art. 51 adopted July 15, 2019, repealed the former § 30-334 and enacted a new section as set out herein. The former § 30-334 pertained to similar subject matter and derived from Ord. No. 5012, art. 5, adopted Oct. 2, 2017. 4/4 7/26/2021 Sec. 30-401. - Special use permits. Cape Girardeau, MO Code of Ordinances (a) Purpose. Subject to the provisions of this section, the city council may, by ordinance on its own motion or on application, grant a special use permit for any special use specifically identified in the zoning district in which the special use is proposed. The city council may impose appropriate conditions and safeguards for the issuance of the special use permit, such as a limitation of the duration of the special use, a limitation of the parties who may carry out such use, and limitations upon or requirements for the size or design of buildings and other improvements on the property. In cases where a special use permit application is submitted for a property in the H, historic overlay district, the historic preservation commission shall make a recommendation to the city council in lieu of approving or denying a certificate of appropriateness for any work covered by the special use permit. (b) Application forspeciai use permit. Application for a special use permit shall be submitted to the city manager using a form provided by the city, and contain all necessary information as determined by the city manager. The special use permit fee shall be per the city's fee schedule. Such application shall be processed in the same manner as provided in section 30-206 relating to application for a zoning district change. (1) In reviewing an application for a special use permit, the city council shall determine whether or not the proposed special use will: a. Substantially increase traffic hazards or congestion; b. Substantially increase fire hazards; c. Adversely affect the character of the neighborhood; d. Adversely affect the general welfare of the community; and e. Overtax public utilities. (2) If the council's finding is negative as to all of the criteria in section 30-401(b)(1), the application may be granted; if affirmative as to any of the aforementioned criteria, then such special use permit shall be denied. (3) Any use for which a special use permit is granted shall otherwise comply with all of the regulations set forth in this chapter for the zoning district in which such use is located. (Ord. No. 5012, art. 7, 10-2-17) Editor's note— Ord. No. 5012, art. 7, adopted Oct. 2, 2017, repealed the former § 30-401 and enacted a new section as set out herein. The former § 30-401 pertained to similar subject matter and derived from Ord. No. 4109, art. 2, adopted March 1, 2010. HE Staff: Ryan Shrimplin, AICP - City Planner Agenda: 10/18/2021 SUBJECT An Ordinance approving the record plat of Wood and Huston, Plat No. 1. EXECUTIVE SUMMARY The attached ordinance approves a record plat for a one -lot subdivision located at 111 South Broadview Street. BACKGROUND/DISCUSSION A record plat has been submitted for Wood and Huston, Plat No. 1, located at 111 South Broadview Street. The area to be resubdivided is zoned C-2 (Highway Commercial). The plat resubdivides two lots to create one new lot. An existing 10 foot wide utility easement is proposed to be released as part of this plat. Staff supports releasing the easement because there are no existing or proposed utilities in it. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the record plat. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its September 8, 2021 meeting, recommended approval of the record plat with a vote of 8 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: Description: D Record Plat -Wood and Huston Plat NO. l.doc Ordinance D Staff Review -Referral -Action Fonnpdf Wood and Huston, Plat No. 1 - Staff RRA Form D Mgp Wood and Huston Plat No. l.ndf Wood and Huston, Plat No. 1 - Map D 210047 Subdivision Plat Anulication.pdf Wood and Huston, Plat No. 1 -Application D 210047 Wood and Huston Plat 2021-0921 S.ndf Wood and Huston, Plat No. 1 - Record Plat BILL NO. 21-149 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF WOOD AND HUSTON, PLAT NO. 1 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Wood and Huston, Plat No. 1, being all of Lot 14 of Independence West First Commercial Subdivision as recorded in Plat Book 13 at Page 18 in the land records of Cape Girardeau County, Missouri, and all of Lot 15 of A Resubdivision of Parts of Independence West First and Second Commercial Subdivisions as recorded in Plat Book 14 at Page 55 of said land records, all located in Section 1, Township 30 North, Range 13 East of the Fifth Principal Meridian, in the City and County of Cape Girardeau, State of Missouri, submitted by Wood and Huston Bank, a Missouri Corporation, bearing the certification of David Thomas Butcher, a Registered Land Surveyor, dated the 23rd day of September, 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: Wood and Huston, Plat No. 1 LOCATION: 111 South Broadview Street STAFF REVIEW & COMMENTS: A record plat has been submitted to combine two (2) lots at 1731 Peaniscot Street. SEE STAFF REPORT FOR MORE DETAILS. City P r Date d cityk4ttomey Date CITY MANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION: City M er - Date Planning & Zoning Commission RECOMMENDED ACTION: Favo Oppose Abstain Wr Favay� Oppose Abstain Scott Blank ❑ ❑ Melissa Stickel C'2' ❑ El Kevin Greaser L-1 El Ed Thompson 0 ❑ Derek Jackson ❑ 0 Sid Whittington ❑ 0 ❑ Patrick Koetting I ❑ ❑ Deborah Young y1r, ❑ ❑ Nick Markin ❑ ❑ VOTE COUNT: Favor Oppose Abstain COMMENTS: CITIZENS COMMENTING AT MEETING: Planning & Zoning Commission Secretary City Council Action Ordinance P Reading Ordinance 2"d & 3rd Reading: ORDINANCE # Effective Date: WOOD AND HUSTON, PLAT NO. 1 ` SUBDIVISION PLAT APPLICATION CITY Of CAPE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Name of Subdivision T e of Plat Wood and Huston, Plat No. 1 [Record F3 Preliminary FLI Boundary Adjustment Applicant Property Owner of Record (if other than Applicant) Crockett Engineering Consultants, LLC Wood and Huston Bank Mailing Address City, State, Zip Mailing Address City, State, Zip 1000 W Nifang Blvd., Bldg. 1 Columbia, MO 65203 27 F=ast North Street Marshall, MCS 65340 Telephone Email Telephone Email 573-447-0292 dbutcher@crockettengineering.o 660-886-6825 mthompsonPwoodhuston.com Contact Person (If Applicant is a Business or organization) (Attach additional owners information, if necessary) David Butcher Professional Engineer/Surveyor (if other than Applicant) Developer (if other than Applicant) Mailing Address City, State, Zip Mailing Address City, State, Zip Telephone Email Telephone 'Email ADDITIONAL ITEMS In addition to this completed application form, the fallowing items must be submitted: REQUIRED ✓ Review Fee (payable to City of Gape 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 lnstructionsformore Non -Residential . $20.00 per acre ($7.00.00 minimum) information. V. Recording Fee Deposit (payable to City of Cape Girardeau) Sheet Size Record Plat Boundary Adiustment Plat 18" x 24" $44.00 $24.00 24" x 36" $69.00 $29.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cast differs from the deposit amount) J Two (2) full size prints of the plat ✓ digital file of the plat in .pdf format (can be emailed to cityl)lannirne@cityofcape.org) V 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 notifi the Property er(s f Record and the developer of these requirements./ %% +/ /1J/ Applicant Signature and Printed Name OFFICE USE ONLY Date Date Received & 6y File # MUMS Application # MU NIS Permit #!_ Review Fee Received $ Recording Fee Received $ ❑ Check # O Credit Card ❑ Cash Preliminary and Retard Plats: Planning & Zoning Commission Recommendation Date City Council Final Action Date Revised 7}15/2020 City of Cape Girardeau Subdivision Plat Requirements (Record Plats) 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: Wood and Huston, Plat Na. 1 ■ ❑ Sheet size - 18" x 2.4", 24" x 24", or 24" x 36" N IJ White background with black text and graphics; greyscale allowed; no other colors ■ ❑ Border - rectangular, solid line(s) ■ ❑ 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 ■ ❑ 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" ■ ❑ Description beneath plat title - if existing platted lots are involved, begin with "ALL OF" or "PART OF" as applicable; include Black Number if applicable; include gook 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 Boob and Page or Document Number for each, if recorded ■ ❑ North arrow with basis of bearings ■ ❑ Graphic scale -1:100 or less; must be a multiple of 10 r ❑ Vicinity map - lines only (no Images; all nearby streets and major streets labeled; site iabeled; include North arrow and "NTS„ or "NOT TO SCALE"; use transparent background For labels ■ ❑ Legend - list found monuments first, followed by set monuments, followed by: "SUBDIVISION BOUNDARY LINE", "LOT LINE TO BE ELIMINATED" and/car "NEW LOT LINE" as applicable, "EXISTING EASEMENT LINE" and/or "NEW EASEMENT LINE" as applicable, "BUILDING SETBACK LINE", "EXTERNAL PROPERTY LINE", "RIGHT-OF-WAY LINE", "CENTERLINE", other symbols as applicable 11 F1 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 ■ ❑ Adjacent parcel lines accurately drawn ■ ❑ subdivision boundary and internal lots checked for closure ■ ❑ 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 Numberfor plat ■ ❑ 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", "NEW _'ACCESS EASEMENT", or other type of easement as applicable ■ ❑ All building setback lines within the subdivision boundary labeled; include depth ■ ❑ All rights-of-way within and adjacent to the subdivision boundary labeled with street name (or labeled as alley if applicable) and right-of-way width ❑ ❑ All private streets within and adjacent to the subdivision boundary labeled with street name followed by "(PRIVATE STREET)" along with existing access easement information, if applicable, or shown in a new 50 foot access easement ■ ❑ 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 7/15/2020 MINIMUM REQUIREMENTS FOR RECORD PLATS GONT[NUED • Variance, if applicable - begin with "A VARIANCE 15 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 15 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 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 CIF" 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 ■ ❑ 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 ■ ❑ If plat shows existing easement(s) to be released — use standard block for City Manager's release ■ ❑ City Clerk's certificate - use standard block for record plats ■ ❑ County Recorder of Deeds' certificate - use standard block N C] Surveyor's certificate Revised 7/15/2070 1 1 2 1 4 1 5 12 3 2 2 S. BROADVIEW STREET WEST DRIVE D A V I D T . B U T C H E R P R O F E S S I O N A L L A N D S U R V E Y O R P L S - 2 0 0 2 0 1 4 0 9 5 D A V I D T H O M A S B U T C H E R N U M B E R P L S - 2 0 0 2 0 1 4 0 9 5 STA T E O F M I S S O U R I P R O F E S S I O N A L L A N D S URVEYOR LOCATION MAPNOTES: R E C O R D P L A T W O O D A N D H U S T O N , P L A T N o . 1 A L L O F L O T 1 4 O F I N D E P E N D E N C E W E S T F I R S T C O M M E R C I A L S U B D I V I S I O N A S R E C O R D E D I N P L A T B O O K 1 3 A T P A G E 1 8 I N T H E L A N D R E C O R D S O F C A P E G I R A R D E A U C O U N T Y , M I S S O U R I , A N D A L L O F L O T 1 5 O F A R E S U B D I V I S I O N O F P A R T S O F I N D E P E N D E N C E W E S T F I R S T A N D S E C O N D C O M M E R C I A L S U B D I V I S I O N S A S R E C O R D E D I N P L A T B O O K 1 4 A T P A G E 5 5 O F S A I D L A N D R E C O R D S , A L L L O C A T E D I N S E C T I O N 1 , T O W N S H I P 3 0 N O R T H , R A N G E 1 3 E A S T O F T H E F I F T H P R I N C I P A L M E R I D I A N , I N T H E C I T Y A N D C O U N T Y O F C A P E G I R A R D E A U , S T A T E O F M I S S O U R I 1 0 0 0 W . N i f o n g B l v d . , B u i l d i n g 1 C o l u m b i a , M i s s o u r i 6 5 2 0 3 ( 5 7 3 ) 4 4 7 - 0 2 9 2 w w w . c r o c k e t t e n g i n e e r i n g . c o m E N G I N E E R I N G C O N S U L T A N T S C O R P O R A T E N U M B E R : 2 0 0 0 1 5 1 3 0 4 1 " = 4 0 ' 8 / 9 / 2 0 2 1 J E E 2 1 0 0 4 7 W O O D A N D H U S T O N , P L A T N o . 1 S U B D I V I S I O N D E D I C A T I O N : W O O D A N D H U S T O N B A N K C R O C K E T T E N G I N E E R I N G C O N S U L T A N T S , L L C C E R T I F I C A T I O N : ZONING INFOR M A T I O N : REFERENCES: 1 2 . 4 8 A C . 1 0 7 , 9 4 5 S . F . LEGEND: A L L O F L O T 1 4 O F I N D E P E N D E N C E W E S T F I R S T C O M M E R C I A L S U B D I V I S I O N A S R E C O R D E D I N P L A T B O O K 1 3 A T P A G E 1 8 I N T H E L A N D R E C O R D S O F C A P E G I R A R D E A U C O U N T Y , M I S S O U R I , A N D A L L O F L O T 1 5 O F A R E S U B D I V I S I O N O F P A R T S O F I N D E P E N D E N C E W E S T F I R S T A N D S E C O N D C O M M E R C I A L S U B D I V I S I O N S A S R E C O R D E D I N P L A T B O O K 1 4 A T P A G E 5 5 O F S A I D L A N D R E C O R D S , A L L L O C A T E D I N S E C T I O N 1 , T O W N S H I P 3 0 N O R T H , R A N G E 1 3 E A S T O F T H E F I F T H P R I N C I P A L M E R I D I A N , I N T H E C I T Y A N D C O U N T Y O F C A P E G I R A R D E A U , S T A T E O F M I S S O U R I Staff: Ryan Shrimplin, AICP - City Planner Agenda: 10/18/2021 SUBJECT An Ordinance approving the record plat of Humane Society Subdivision. EXECUTIVE SUMMARY The attached ordinance approves a record plat for a one -lot subdivision, located at 180 Weston Street. BACKGROUND/DISCUSSION A record plat has been submitted for Humane Society Subdivision, located at 180 Weston Street. The area within the proposed subdivision is zoned M-1 (Light Manufacturing/Industrial). The plat resubdivides two lots to form one new lot. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the record plat. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its August 8, 2018 meeting, recommended approval of the record plat with a vote of 9 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: Description: D Record Plat -Humane Society Subdivision-doc Ordinance D Staff Review -Referral -Action FgmVdf Humane Society SubdiNision - Staff RRA Form D Map - Humane Society_ Subdivision.pdf Humane Society Subdi\ision - Map D Application - Humane Society_Subd.pdf Humane Society Subdi\ision - Application D 518087-final.pdf Humane Society Subdi\ision - Record Plat BILL NO. 21-150 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF HUMANE SOCIETY SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Humane Society Subdivision, being all of Lots 12 and 13, amended LaCroix Industrial Park as recorded in Plat Book No. 15 at Page No. 38, lying in a part of the Northeast Quarter, Section 23, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, Missouri, submitted by The Humane Society of Southeast Missouri, bearing the certification of R. Christopher Bowen, a Registered Land Surveyor, dated the 22nd day of September, 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: Humane Society Subdivision LOCATION: Weston Street .STAFFREVIEW & COMMENTS. A record plat has been submitted to combine two (2) lots along Weston Street, SEE STAFF REPORT FOR MORE DETAILS. Z2� City Pl er Date City A mey f5ate CITY AL4ArA GLrfREFERRAL TO THE PLANNING AND ZONING COMMISSION: i onager Date ;. Planning & .Zoning Commission RECOMMENDED A CTION.- Favpt Oppose Abstain Fav Oppose Abstain Trae Bertrand 0 ❑ ❑ Scott McClanahan ❑ ❑ Larry Dowdy ❑ ❑ Bruce Skinner ❑ ❑ Jeff Glenn ❑ ❑ Doug Spooler Kevin Greaser G/ ❑ ❑ Tom Welch I ❑ ❑ Patrick Koetting I ❑ ❑ VOTE {COUNT: Favor Oppose � � Abstain COMMENTS: CITIZENS COMMENTING AT MEETING: Kevin Greaser Planning & Zoning Commission Secretary City Council Action Ordinance I sr Reading Ordinance 2"d a& 3"d Reading: ORDINANCE # Effective Date: Humane Society Subdivision SUBDIVISION PLAT APPLICATION •, . CITY of CAFE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU. MO 63703 (573) 339-6327 Name of Subdivision Type of Plat: Preliminary, Record, or Boundary Adjustment HUMANE SOCIETY SUBDIVISION RECORD PLAT Applicant Property Owner of Record (if other than Applicant) Humane Society of Southeast Missouri Mailing Address City, State, Zip Mailing Address City, State, Zip 2536 Boutin Drive Cape Gir, MO 63701 Telephone Email Telephone Email 573-334-5837 crazy4muttsadopt5 @ icloud, corn Contact Person (If Applicant is a Business or Organization) (Attach additional owners information, if necessary) Tracy Poston, Executive Director Professional Engineer/Surveyor (if other than Applicant) Developer (if other than Applicant) Chris Kelley Mailing Address City, State, Zip Mailing Address City, State, Zip 2121 Megan Drive Cape Girardeau Mo Telephone Email Telephone Email 573-330-5900 ichriskelley@bowenengsurv.com ADDITIONAL ITEMS In addition to this completed application form, the following items must be submitted: REQUIRED Review Fee (payable to City of Cape Girardeau) 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, r! 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 cast differs from the deposit amount) Two (2) full size prints of the plat �I Digital file of the plat in .pdf format (can be emailed) CERTIFICATION I hereby certify that I am the sole Property Owner of Record or an agent duly authorized by the Property Owner(s) of Record to file this application on their behalf. I acknowledge that plats for subdivisions involving public improvements will be held from City Council review until the improvements are completed and ready for acceptance by the City, or an escrow agreement for the improvements is executed. i further acknowledge that plats for subdivisions involving common land and/or elements require the submission of covenants and a deed ensuring the perpetual maintenance and supervision of the common land and/or elements by trustees prior to re.�ording of the record plat. T Ii /9 Applicant Anature d Printed Name Date OFFICE USE ONLY Date Received & By j f � {` MONIS Application No. Q 7 Planning & Zoning Commission Recommendation City Council Final Action Date Date Revised 08/11/2016 LOCATION MAP: SURVEY NOTES: THIS SURVEY CREATES A NEW ONE LOT SUBDIVISION FROM ATRACT OF LAND RECORDED IN DOCUMENT NO. 2017-00570 MEASURED DIMENSIONS SHOWN WITHOUT PARENTHESES DEED OR RECORD DIMENSIONS SHOWN WITH PARENTHESES BASIS OF SURVEY DATUM - NAD83, M.S.P.C. ZONE 2401 EAST CORS STATION MOJK OF THE MoDOT GPS RTK NETWORK LATITUDE 37°24'44.45833" NORTH LONGITUDE 089°39'00.22114" WEST ELLIPSOID HEIGHT 383.98 U.S. SURVEY FEET NORTHING 575,956.0987 U.S. SURVEY FEET EASTING 1,067,057.151 U.S. SURVEY FEET ELEVATION 477.03 U.S. SURVEY FEET AS PUBLISHED ON NATIONAL GEODETIC DATA SHEETS, RETRIEVAL DATE FEBRUARY 04, 2015 AND CONVERTED FROM METERS TO U.S. SURVEY FEET. SURVEY CLASS - URBAN REFERENCES: RECORD PLAT OF THE AMENDED LA CROIX INDUSTRIAL PARK AS RECORDED IN PLAT BOOK NO. 15 AT PAGE NO. 38 PERMANENT EASEMENT, BOOK NO. 693 - PAGE NO. 857 GENERAL WARRANTY DEED, BOOK NO. 361 - PAGE NO. 518 GENERAL WARRANTY DEED, BOOK NO. 446 - PAGE NO. 424 GENERAL WARRANTY DEED, BOOK NO. 468 - PAGE NO. 584 GENERAL WARRANTY DEED, DOCUMENT NO. 2008-08502 GENERAL WARRANTY DEED, DOCUMENT NO. 2017-00570 GENERAL WARRANTY DEED, DOCUMENT NO. 2017-00967 QUIT CLAIM DEED, BOOK NO. 582 - PAGE NO. 839 ONLINE MAPPING RECORDS FOR CAPE GIRARDEAU COUNTY, HTTP:HGIS.CAPECOUNTY. US/TAXPARCELVIEWER/ RECORD PLAT OF: HUMANE SOCIETY SUBDIVISION ALL OF LOTS 12 AND 13, AMENDED LaCROIX INDUSTRIAL PARKAS RECORDED IN PLAT BOOK NO. 15 AT PAGE NO. 38, LYING IN A PART OF THE NORTHEAST QUARTER, SECTION 23, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI. --------------------- - WARSON ST. - (50' R/W) -------- ——CL————LO I I ----R/W ------------ - I I i I r1 I SURVEY LEGEND: CENTERLINE ------ -I ------ ! RIGHT OF WAY LINE -------- R/W-------- ! I SUBDIVISION BOUNDARY LINE ! I i ADJOINER'S PROPERTY LINE — — — — — — — ! ^I EXIST. UTILITY EASEMENT i I PROPOSED UTILITY EASEMENT I I FORMER LOT LINE I o ami BUILDING SETBACK LINE j LO Z M I �I SURVEY MONUMENT NOTES: Z j o -ANGLE POINT, NO CORNER SET O- FOUND 1/2" IRON PIN (n I z z (D- FOUND 1" IRON PIPE I L1J I g O - SET 1/2" IRON PIN I I Q ! I W I I � I I � o ZONING INFORMATION: i i I ZONING: M-1, LIGHT MANUFACTURING/INDUSTRIAL DISTRICT I I NUMBER OF LOTS = 1 50' W O a W a TOTAL AREA OF SUBDIVISION = 1.61 ACRES (69,923 SQ. FT.)� -------------------------------------------------------------------------------- TRACY POSTON, EXECUTIVE DIRECTOR MAX. HEIGHT. FORTY (40) FEET EXCLUDING SILOS, SMOKE STACKS, ! I FOUND 1/2" IRON PIN I w LOT 9 NE CORNER, LOT 9, iv NOW OR FORMERLY LaCROIX INDUSTRIAL o U) CAPE SPECIAL ROAD DISTRICT PARK, PLAT BK 15 - PG 38 v "' M O NO. 468 - PAGE NO. 584 z 0 0 BOOK SIDE OF THE LOT ABUTTING THE RESIDENTIAL DISTRICT. i I co --------------------- - WARSON ST. - (50' R/W) -------- ——CL————LO I I ----R/W ------------ - I I i I r1 I SURVEY LEGEND: CENTERLINE ------ -I ------ ! RIGHT OF WAY LINE -------- R/W-------- ! I SUBDIVISION BOUNDARY LINE ! I i ADJOINER'S PROPERTY LINE — — — — — — — ! ^I EXIST. UTILITY EASEMENT i I PROPOSED UTILITY EASEMENT I I FORMER LOT LINE I o ami BUILDING SETBACK LINE j LO Z M I �I SURVEY MONUMENT NOTES: Z j o -ANGLE POINT, NO CORNER SET O- FOUND 1/2" IRON PIN (n I z z (D- FOUND 1" IRON PIPE I L1J I g O - SET 1/2" IRON PIN I I Q ! I W I I � I I � o ZONING INFORMATION: i i I ZONING: M-1, LIGHT MANUFACTURING/INDUSTRIAL DISTRICT I I NUMBER OF LOTS = 1 50' W O a W a FLOOD ZONE INFORMATION: GRAPHIC SCALE THE PROPERTY IS IN ZONE X, AN AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. THE of 40' ao' 120' 160' EFFECTIVE FLOOD INSURANCE RATE MAP FOR THE PROPERTY IS MAP NO. 29031 CO252E, DATED SEPTEMBER 29, 2011. 1 P.O.B. i (S 89'30'E 175.0) I N 88° 19' 03" E 175.00'—�J� I 1 TOTAL AREA OF SUBDIVISION = 1.61 ACRES (69,923 SQ. FT.)� -------------------------------------------------------------------------------- TRACY POSTON, EXECUTIVE DIRECTOR MAX. HEIGHT. FORTY (40) FEET EXCLUDING SILOS, SMOKE STACKS, ! I J I I I AND DUST COLLECTION SYSTEMS. ! I N MIN. LOTAREA: NONE ! I MISSOURI NONPROFIT CORPORATION MIN. LOT WIDTH: NONE ! I 1 m FRONT YARD: TWENTY-FIVE (25) FEET. ! I LU U)z � REAR YARD: TWENTY-FIVE (25) FEET. I I o w SIDE YARD: NONE, EXCEPT ON A LOT ABUTTING A RESIDENTIAL DISTRICT' z 0 THERE SHALL BE A SIDE YARD OF NOT LESS THAN TEN (10) FEET ON THE I I = w SIDE OF THE LOT ABUTTING THE RESIDENTIAL DISTRICT. i I 0 MIN. OPEN SPACE: A MINIMUM OF FIFTEEN (15) PERCENT OF THE TOTAL LOT Z PRIVATE UTILITY PROVIDER FOR PURPOSES RELATED TO THE o d AREA SHALL BE DEVOTED TO OPEN SPACE, INCLUDING REQUIRED YARD AND a C9 m BUFFERYARDS. F: i w Y SUCH UTILITY SYSTEMS. FLOOD ZONE INFORMATION: GRAPHIC SCALE THE PROPERTY IS IN ZONE X, AN AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. THE of 40' ao' 120' 160' EFFECTIVE FLOOD INSURANCE RATE MAP FOR THE PROPERTY IS MAP NO. 29031 CO252E, DATED SEPTEMBER 29, 2011. 1 P.O.B. i (S 89'30'E 175.0) I N 88° 19' 03" E 175.00'—�J� I 1 HEREBY DECLARE THAT WE HAVE CAUSED SAID LAND TO BE SUBDIVIDED -------------------------------------------------------------------------------- TRACY POSTON, EXECUTIVE DIRECTOR o J I I I HEREBY NAME SAID SUBDIVISION, "HUMANE SOCIETY SUBDIVISION". I- > 0 coA MISSOURI NONPROFIT CORPORATION I 1 m THE UTILITY EASEMENTS SHOWN HEREON ARE HEREBY GRANTED TO THE LU U)z � CITY OF CAPE GIRARDEAU, MISSOURI, IN PERPETUITY FOR PUBLIC m PURPOSES, INCLUDING THE INSTALLATION, MAINTENANCE, REPAIR, O 0 REPLACEMENT, AND EXPANSION OF CITY WATER AND SEWER SYSTEMS, AND CU O AS MAY BE AUTHORIZED BY THE CITY TO BE USED BY A PUBLIC OR N U o a PRIVATE UTILITY PROVIDER FOR PURPOSES RELATED TO THE I N I INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF LOT 13 F: i w Y SUCH UTILITY SYSTEMS. tY Q COUNTY OF ss W I WITNESS WHEREOF, SIGNED THIS _________ DAY OF ____________________________________ °oo 20A.D. ON THIS DAY OF 20BEFORE ME, A NOTARY PUBLIC FOR 00 oq o SAID COUNTY AND STATE, APPEARED TRACY POSTON, EXECUTIVE DIRECTOR OF THE C7 o °' �o cc KNOWN TO ME TO BE THE PERSON DESCRIBED HEREIN, WHO DID EXECUTE THE Q FOREGOING INSTRUMENTAND WHO ACKNOWLEDGED THAT THEY EXECUTED THE SAME AS THE FREE ACT AND DEED OF SAID CORPORATION. NOTARY PUBLIC MY TERM EXPIRES CL I � 1 I : Z) I I O I I ' LOT NO. 1 >, I e 1.61 ACRES Q : I (69,923 SQ. FT.) I I I (N 89 ° 30' W 175.0') I I S 88° 19'03" W 175.00' ...... .:.......................... ............... N. LINE, LOT 12, AMENDED J� i. I I LaCROIX INDUSTRIAL PARK 1 PLAT BOOK 15 - PAGE 38 - z NOW OR FORMERLY I : I O THE HUMANE SOCIETY I OF SOUTHEAST MO W DOCUMENT NO. 2017-00570 U I 1 Z I m I I ORo LOT 12 OR rn 1 � I I I 1 I o m I I 1 J W J I I � m � m I N in I N I I : Z I I W I 1 Q I S 88° 19'03" W 175.00' Q (N 89° 30' W 175.0) W i I LOT 11 I NOW OR FORMERLY I ! WILLIAM D. & SHARON L. VIED I BOOK NO. 446 - PAGE NO. 424 FILED FOR RECORD STATE OF MISSOURI ) SS COUNTY OF CAPE GIRARDEAU ) SUBDIVISION DEDICATION WE, THE UNDERSIGNED, THE HUMANE SOCIETY OF SOUTHEAST MISSOURI, A MISSOURI NON-PROFIT CORPORATION, OWNERS OF ALL OF LOTS 12 AND 13, AMENDED LaCROIX INDUSTRIAL PARKAS RECORDED IN PLAT BOOK NO. 15 AT PAGE NO. 38, LYING IN A PART OF THE NORTHEAST QUARTER, SECTION 23, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 13, SAID POINT BEING THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF WARSON STREET WITH THE EAST RIGHT OF WAY LINE OF WESTON STREET; THENCE N 88° 19'03" E, 175.00 FEET ALONG THE NORTH LINE OF LOT 13 TO A POINT ON THE EAST LINE OF THE AMENDED LaCROIX INDUSTRIAL PARK SUBDIVISION; THENCE S 00'43'57" E, 399.62 FEET ALONG THE EAST LINE OF SAID SUBDIVISION TO THE SOUTHEAST CORNER OF LOT 12; THENCE S 88° 19'03" W, 175.00 FEET ALONG THE SOUTH LINE OF SAID LOT TO THE EAST RIGHT OF WAY LINE OF WESTON STREET, THENCE N 00° 43'57" W, 399.62 FEET ALONG SAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING, CONTAINING 1.61 ACRES (69,923 SQ. FT.), MORE OR LESS. �` �o HEREBY DECLARE THAT WE HAVE CAUSED SAID LAND TO BE SUBDIVIDED -------------------------------------------------------------------------------- TRACY POSTON, EXECUTIVE DIRECTOR INTO A LOT AS NUMBERED AND DESIGNATED ON THIS PLAT, AND DO Q m ZW HEREBY NAME SAID SUBDIVISION, "HUMANE SOCIETY SUBDIVISION". I- > 0 coA MISSOURI NONPROFIT CORPORATION JAR 2 = a THE UTILITY EASEMENTS SHOWN HEREON ARE HEREBY GRANTED TO THE LU U)z � CITY OF CAPE GIRARDEAU, MISSOURI, IN PERPETUITY FOR PUBLIC UJ X PURPOSES, INCLUDING THE INSTALLATION, MAINTENANCE, REPAIR, O 0 REPLACEMENT, AND EXPANSION OF CITY WATER AND SEWER SYSTEMS, AND CU O AS MAY BE AUTHORIZED BY THE CITY TO BE USED BY A PUBLIC OR P:ccm U o a PRIVATE UTILITY PROVIDER FOR PURPOSES RELATED TO THE 0 INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF W F: i w Y SUCH UTILITY SYSTEMS. tY 3 2 � Y o W � °o COUNTY OF ss v. L CL QIN WITNESS WHEREOF, SIGNED THIS _________ DAY OF ____________________________________ °oo 20A.D. �` �o CHRISTOPHER' -------------------------------------------------------------------------------- TRACY POSTON, EXECUTIVE DIRECTOR BOWEN NUMBER �o FILE THE HUMANE SOCIETY OF SOUTHEAST MISSOURI, m z. > 0 coA MISSOURI NONPROFIT CORPORATION JAR afw2,n CCK U W 0 1.- w OU ~LLQ 0 U) 0 W 12 w a- Q U 0 W J U) LU 2 I_z= W 0 o M STATE OF MISSOURI �� MN 3 2 � Y o W � °o COUNTY OF ss v. z=Om °oo ~ ON THIS DAY OF 20BEFORE ME, A NOTARY PUBLIC FOR U) SAID COUNTY AND STATE, APPEARED TRACY POSTON, EXECUTIVE DIRECTOR OF THE HUMANE SOCIETY OF SOUTHEAST MISSOURI, A MISSOURI NONPROFIT CORPORATION, KNOWN TO ME TO BE THE PERSON DESCRIBED HEREIN, WHO DID EXECUTE THE FOREGOING INSTRUMENTAND WHO ACKNOWLEDGED THAT THEY EXECUTED THE SAME AS THE FREE ACT AND DEED OF SAID CORPORATION. NOTARY PUBLIC MY TERM EXPIRES FILED FOR RECORD THIS DAY OF20 A.D. 20A.D. AND DULY RECORDED IN DOCUMENT NO_ _____________________________________________ ------------------------------------------------------------------------------------------------------------------------------------------ ANDREW DAVID BLATTNER, CAPE GIRARDEAU COUNTY RECORDER OF DEEDS I______________________________________________________________ CITY CLERK OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI BY ORDINANCE NO. ____________________ PASSED AND APPROVED THIS _________ DAY OF -------------------------- 20 , A.D. -------------------------------------------------------------------------------------- CITY CLERK OF CAPE GIRARDEAU, MISSOURI ZATI���W11r-Y49=1; �1f1�1.tL611 THIS IS TO CERTIFY THATAT THE REQUEST OF PHILLIP SMITH THE TRACTS SHOWN HEREON WERE SURVEYED UNDER MY DIRECT SUPERVISION, AND THE RESULTS OF SAID SURVEY ARE REPRESENTED CORRECTLY ON THIS PLAT. SAID SURVEY WAS EXECUTED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS OF THE MISSOURI DEPARTMENT OF AGRICULTURE, DIVISION OF WEIGHTS AND MEASURES. THERE MAY EXIST OTHER DOCUMENTS THAT COULD AFFECT THIS PARCEL, OF WHICH AN AC RRENT TITLE SEARCH MAY DISCLOSE. IN WITNESS WHE T MY SEAL AND SIGNATURE ONO Ugbpi / THIS zzna DAY �ptemr 2021 A.D. - > ---------- --------- R. CHRISTOPHER' 0 BOWEN NUMBER �o FILE LS 2232 ..411° -.'ll> ___--- _-------- ____----- -- _ rirnmmumnnm� R. CHRISTOPHER BOW EN F,pFD LANA SVMO. P.L.S. #2232 >oorn o MM NNS 6M fn C N �dLLd ii a V N Coe$ 1 (V W 1'� L Z ;> of n Ln LU LU J O CZ • V L a� Z c W (M LU CD c W c U kD M � M O O O O i O 2 j =3 Q 0- 02 Z y U � U N L0 N c $ � c LU c p 0- 0 O m n CL 8atrn �at ch c = c c w� Copyright© 2021 by Bowen Engineering & Surveying, P.C. JOB NO. M 0 U W � FILE UjM U) CD �u =CDO DWN BY JAR � W CCK U = W OU ~LLQ w W ( J Q U J U) LU 2 = M Q cy') U DESCRIPTION I DATE Copyright© 2021 by Bowen Engineering & Surveying, P.C. JOB NO. S18-087 DATE JULY 17, 2018 FILE S18087.DGN CAICE E17057.ZIP DWN BY JAR CKD BY CCK SCALE 1" = 40' RECORD PLAT SHEET NO. 1 of 1 Staff: Anna Kangas, Development Services Director Agenda: 10/18/2021 SUBJECT An Ordinance authorizing the Mayor to execute Temporary Construction Easements, a Permanent Drainage Easement, and a Special Warranty Deed to the Missouri Department of Transportation for a project on Missouri Highway 177, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached Ordinance grants Temporary Construction Easements and a Permanent Drainage Easement to Missouri Department of Transportation (MODOT) for a project on Missouri Highway 177, in the City of Cape Girardeau, Missouri. BACKGROUND/DISCUSSION The Temporary Construction Easements are necessary for MODOT to construct driveways to city -owned flood buyout properties located at 2822 and 2396 Missouri Highway 177. These driveways will allow the city continued access to mow these flood buyout properties. A Permanent Drainage Easement is necessary at 2396 Missouri Highway 177. Exhibits showing the extent of these easements are attached. The project received approval from FEMA on September 23, 2021, and SEMA on September 24, 2021. This letter is attached. FINANCIAL IMPACT The temporary construction easement at 2822 Highway 177 is valued at $500. The temporary construction easement and permanent drainage easement at 2396 Highway 177 are valued at $700. Staff proposes donating these easements as the driveways being constructed within the temporary construction easements will allow continued access to mow the properties. STAFF RECOMMENDATION Staff recommends Council approve the attached Ordinance granting the Temporary Construction Easements and Permanent Drainage Easement to MODOT. ATTACHMENTS: Name: Description: D Easements MODOT�Hwy 177 Proiect.doc Ordinance D Cape Girardeau Open_Space Rost Approval 9-2421.pdf FEMA Open Space Request Appro�ul D 16 7 CitymCape Certificatepdf Certification D 16 The City of Cape Girardeau SWD.pdf Special Warranty Deed D 07 City of Cape Girardeau=Teap Esn$.pdf Temporary Construction Easement D Tr 16 Fibit_A.pdf Exhibit A BILL NO. 21-151 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE TEMPORARY CONSTRUCTION EASEMENTS, A PERMANENT DRAINAGE EASEMENT, AND A SPECIAL WARRANTY DEED TO THE MISSOURI DEPARTMENT OF TRANSPORTATION, FOR A PROJECT ON MISSOURI HIGHWAY 177, 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 authorizes the Mayor to execute temporary construction easements, a permanent drainage easement, and a special warranty deed to the Missouri Department of Transportation, for property located at Highway 177, described as follows: Tract 7 - Temoorary Construction Easement That portion of Grantors land within the limits of a temporary construction easement for the construction of a driveway lying in the Southwest Quarter of the Southeast Quarter, Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, described as follows: Beginning at a point 152.90 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 623+70.00, said point lying on the existing Rte. 177 Southerly boundary; thence Westerly to a point 150.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 624+25.00; thence Northerly to a point 103.91 feet Southerly of and at a right angle to Rte. 177 surveyed centerline station 624+25.00, said point lying on the existing Rte. 177 Southerly boundary; thence Easterly along said Rte. 177 Southerly boundary to the Point of Beginning. The above described temporary easement contains 0.02 acre, more or less. Upon completion and final acceptance of the project, the temporary easement rights in the last described tract shall cease and be no longer in effect, but no later than January 31, 2023. The Route 177 surveyed centerline from Station 614+10.00 to Station 652+65.00 is described as follows: Commencing from a found 3" Brass Cap in concrete at the Common Corner of Sections 15, 16, 21 and 22, Township 31 North, Range 14 East of the Fifth Principal Meridian, said corner described by JK Russell, MO PLS 1927 in MLS Document #600-47933; thence S19°35'44"W a distance of 3,983.77 feet to the Rte. 177 surveyed centerline Station 614+10.00 also being the Point of Beginning; thence S57000'18"W a distance of 576.54 feet to TS Station 619+86.54; thence along a spiral curve to the right for a distance of 199.00 feet to SC Station 621+85.54, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence along the arc of a 4°59158.7" curve to the right a distance of 630.11 feet to CS Station 628+15.65, said curve having a radius of 1,146.00 feet and a deflection angle of 41°27108.8"; thence along a spiral curve to the right for a distance of 199.00 feet to ST Station 630+14.65, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence N81°32'33"W a distance of 908.07 feet to PC Station 639+22.72; thence along the arc of a 0°15'00.0" curve to the right a distance of 456.64 feet to PT Station 643+79.37, said curve having a radius of 22,918.00 feet and a deflection angle of 1°08'29.9"; thence N80°24'03"W a distance of 266.78 feet to PC Station 646+46.15; thence along the arc of a 1°5959.5" curve to the left a distance of 1,467.04 feet to PT Station 661+13.19, said curve having a radius of 2,865.00 feet and a deflection angle of 29°20'19.4" and there terminating. This conveyance includes all the realty and realty rights described in the preceding paragraphs that lie within the limits of land described and recorded with the Cape Girardeau County Recorder of Deeds in Book 831, Page 628 and in Book 999, Page 882. Tract 16 - Special Warranty Deed, Permanent Draina Easement, & Temporary Construction Easement Also as shown on Exhibit A A tract of land lying in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the Southerly or left side of hereinafter -described Rte. 177 surveyed centerline, to wit: All the land of said grantor lying within the following described tract: Beginning at Station 641+25.00 on the surveyed centerline; thence Southerly to a point 90.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 641+25.00; thence Westerly to a point 85.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 642+25.00; thence Northwesterly to a point 65.19 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 642+85.00; thence Northerly to a point on the hereinafter -described Rte. 177 surveyed centerline Station 642+85.00; thence Easterly along the Rte. 177 surveyed centerline set forth herein, to the Point of Beginning. The above described land contains 0.02 acre of grantors land, more or less. Also, a permanent easement for the construction and maintenance of a drainage structure in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the Southerly or left side of hereinafter - described Rte. 177 surveyed centerline, to wit: All the land of said grantor lying within the following described tract: Beginning at a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+35.00; thence Southerly to a point 160.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+35.00; thence Northwesterly to a point 130.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+85.00; thence Northerly to a point 65.41 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+85.00; thence Easterly to the point of beginning. The above described permanent easement contains 0.03 acre, more or less. The permanent drainage structure will be constructed on only part of said land, the extra land being included for men and machinery to work and turn on. After completion of construction and acceptance of the project, the owners of said land may fence, and shall have the free and uninterrupted possession and use of said tract; subject only to the Missouri Highways and Transportation Commission's right, if it should so elect, to enter thereon from time to time for the purpose of maintaining said drainage structure. Also, a temporary construction easement to construct a driveway in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the South or left side of hereinafter -described Rte. 177 surveyed centerline, to wit: Beginning at a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 645+65.00; thence Southerly to a point 100.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 645+65.00; thence Westerly to a point 100.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+25.00; thence Northerly to a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+25.00; thence Easterly to the point of beginning. The above described temporary easement contains 0.05 acre, more or less. The grantee's interest in this temporary easement will be extinguished immediately at the completion of Highway Project No. J9S3452 or no later than January 31, 2023. The Route 177 surveyed centerline from Station 614+10.00 to Station 652+65.00 is described as follows: Commencing from a found 3" Brass Cap in concrete at the Common Corner of Sections 15, 16, 21 and 22, Township 31 North, Range 14 East of the Fifth Principal Meridian, said corner described by JK Russell, MO PLS 1927 in MLS Document #600-47933; thence S19035144"W a distance of 3,983.77 feet to the Rte. 177 surveyed centerline Station 614+10.00 also being the Point of Beginning; thence S57000118"W a distance of 576.54 feet to TS Station 619+86.54; thence along a spiral curve to the right for a distance of 199.00 feet to SC Station 621+85.54, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence along the arc of a 4°59'58.7" curve to the right a distance of 630.11 feet to CS Station 628+15.65, said curve having a radius of 1,146.00 feet and a deflection angle of 41°27'08.8"; thence along a spiral curve to the right for a distance of 199.00 feet to ST Station 630+14.65, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence N81032'33"W a distance of 908.07 feet to PC Station 639+22.72; thence along the arc of a 0°15100.0" curve to the right a distance of 456.64 feet to PT Station 643+79.37, said curve having a radius of 22,918.00 feet and a deflection angle of 1°08'29.9"; thence N80°24'03"W a distance of 266.78 feet to PC Station 646+46.15; thence along the arc of a 1°59159.5" curve to the left a distance of 1,467.04 feet to PT Station 661+13.19, said curve having a radius of 2,865.00 feet and a deflection angle of 29°20'19.4" and there terminating. This conveyance includes all the realty and realty rights described in the preceding paragraphs that lie within the limits of land described and recorded with the Cape Girardeau County Recorder of Deeds in Book 872, Page 487. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2021. Robert G. Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk Michael L. Parson Governor STATE OF MISSOURI James Remillard Director Sandra K. Karsten Director ofPubGcSafety STATE EMERGENCY MANAGEMENT AGENCY DEPARTMENT OF PUBLIC SAFETY PO Box 116, Jefferson City, Missouri 65102Q Phone: (573) 526-9100 Fax: (573) 634-7966 E-mail: mosema@scma.dps,mo.gov sema.dps.mo.gov September 24, 2021 Anna Kangas/Architect, MPA Development Services Director City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63 703 RE: Open Space Request on Deed -Restricted Land (DR -1054-0001) City of Cape Girardeau, Missouri Dear Ms. Kangas: Please find enclosed the approval letter from the Federal Emergency Management Agency (FEMA) regarding the request to allow the Missouri Department of Transpiration (MoDOT) to acquire a pen-nanentlteinporary easement on three properties. Regarding special conditions: (EO 11988 Floodplains) Please forward, to SEMA, the letter from the local floodplain administrator when it is complete. (See attached letter for conditions,) The enclosed FEMA letter identifies the approved project and further details. If you have any questions, please contact me at (573) 526-9116. Enclosures Sincerely, Heidi Carver State Hazard Mitigation Officer 4y„yGeMCY MAN$Q$44„T A Nationally EM�I�1 � /y1'P Accredited creel ed Agency September 23, 2021 Mr. James Remillard Director State Emergency Management Agency P.O. Box 116 Jefferson City, Missouri 65102-0116 Subject: FEMA -1054 -DR -MO Hazard Mitigation Grant Program (HMGP), Land Use Change Approval Subgrantee: City of Cape Girardeau, Missouri Project #: 0001 Dear Mr. Remillard, This letter is official notification that the U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) has granted approval of your July 22, 2021 request by the City of Cape Girardeau, Missouri in conjunction with the Missouri Department of Transportation (MoDOT) to acquire a permanent easement on three properties for the following activities: 1. 2822 Hwy 177 (Big Bend Road): Temporary easement to be used by MoDOT for its vehicles during a State-approved/permitted road improvement project on Highway 177. When the road improvement project is completed, MoDOT will relinquish the temporary easement. 2. 2452 Hwy 177: Permanent easement or purchase of .02 acres from the city to be used by MoDOT for maintenance mowing along Highway 177. This will result in bringing in a minimum amount of fill (3 sq.ft.). 3. 2396 Hwy 177: Temporary easement by MoDOT for a tri -shaped piece for drainage and maintenance of an existing ditch. In addition, MoDOT is requesting temporary easement while it builds a new 300 -foot gravel driveway on State-owned property. The temporary easement area will be used as a place for MoDOT vehicle use while building the new driveway. When the driveway improvernent project is completed, MoDOT will relinquish the temporary easement. Program-Disaster/Project U.S. Department of rlomelaud Security Parcel Number FEMA Region VII Number 11224 Holmes Road scnwaeI Kansas City, MO 64131-3626 1, 1 JR FEMA 1 MGP -DR -1054 -MO -0001 2822 Hwy 177 (Big September 23, 2021 Mr. James Remillard Director State Emergency Management Agency P.O. Box 116 Jefferson City, Missouri 65102-0116 Subject: FEMA -1054 -DR -MO Hazard Mitigation Grant Program (HMGP), Land Use Change Approval Subgrantee: City of Cape Girardeau, Missouri Project #: 0001 Dear Mr. Remillard, This letter is official notification that the U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) has granted approval of your July 22, 2021 request by the City of Cape Girardeau, Missouri in conjunction with the Missouri Department of Transportation (MoDOT) to acquire a permanent easement on three properties for the following activities: 1. 2822 Hwy 177 (Big Bend Road): Temporary easement to be used by MoDOT for its vehicles during a State-approved/permitted road improvement project on Highway 177. When the road improvement project is completed, MoDOT will relinquish the temporary easement. 2. 2452 Hwy 177: Permanent easement or purchase of .02 acres from the city to be used by MoDOT for maintenance mowing along Highway 177. This will result in bringing in a minimum amount of fill (3 sq.ft.). 3. 2396 Hwy 177: Temporary easement by MoDOT for a tri -shaped piece for drainage and maintenance of an existing ditch. In addition, MoDOT is requesting temporary easement while it builds a new 300 -foot gravel driveway on State-owned property. The temporary easement area will be used as a place for MoDOT vehicle use while building the new driveway. When the driveway improvernent project is completed, MoDOT will relinquish the temporary easement. Program-Disaster/Project Address Parcel Number Legal Description Number Part of the Southwest Quarter of the 1 MGP -DR -1054 -MO -0001 2822 Hwy 177 (Big #16-518-00-01- Southeast Quarter of Section 21, Bend Road) 006.01 Township 31 North, Range 14, East. All of Lot Numbered Two (2) of HMGP-DR-1054-MO-0001 2396 Hwy 177 #16-517-00-02- Trickey Amended Subdivision in 002.00 Cape Girardeau, Missouri. Part of the Southwest Quarter of the #16-517-00-01- Southwest Quarter of Section 21, HMGP-DR-1054-MO-0001 2452 Hwy 177 004.00 Township 31 North, Range 14 East, lying along the East side of the wvw.fema.gov rvrr, Kemidard Open ,Space Request Pase 2 r ne proposes easements on tieeti resLricLOY property supports and does noL violaLe Lhe open space use in .eoordu.—.00 w:tn tno acoa zF4 CrK z05.zF34 (e) ,...0 7Tzr uric, 0.iv. Any improvements made to these deed restricted properties must also comply with the floodplain ...ueugc...nA pori_.vJ --21 1.:Imt7ev— .,nvironmenta, historic rreservation (vnr) requirements/Conditions: A change to Lhe open space use in ucco;'a..-.oe .:in me aeaU 4zF r,rK L0VU7F (e) anu 44 urxc aM, iv requires prior approval from FEMA. The National Environmental Policy Act (NLeA) Jt:pulL.€vJ TrM 0U4xVA,J yr u.:v .a .e�AT To u i -ir suorecipient shall be reviewed by all state and federal abencies participatinr, in the NEPA process. NEVA 3ir'e oII Ivi all additions or amendments is essential before Lhe change in land use can be approved by FEMA or implemented by Tne nLvlisr suorecipient. anis review does not address all federal, state, and local requirements. AccepLance of federal ru:.d:�.� .o.�uT�oJ �ov.piG.it tv VViT, +I, -in un reae...t, �TuTe, ..:.7 local laws. railure Lo ootain ail appropriate federal, state, and local environmental permits and oic.ra;.ocs I , s...p-1 xvavruL in arTridon, Lne rodowing special conditions have been identified: • E011988 Floodplain: The applicant must obtain letter from the local floodplain admin'.stratoi nctoic work begins. v erification of Lhis will be required prior to Lhe temporary easements expirinr,. E011990 Wetlands: Construction activities and equipment storare are not to be Iov..tva III oR xTaq •er u .y adjacent wetlands. All materials and equipment should be sLared outside of the wetland on paved or previously uisLurueu areas. As a reminder, per 44 CFR �206.434(e)(1)(iii), no federal e. -.tit, or JoL.LcG AAA u, r.e; iUe mi. arav: u.,r;ir;Tance ror any purpose with respecL Lo this property, nor may any application for such assistanee be made to any tederul n.Tity Vr source. Tfyou have any Iuestio�.s corrcon.irrr, tni� L.vtivA., l le.�v eeli€uet t u u wniTvner, riaZai'Zi 1V11L1gaLIOn ASS15Lance SpecialisL, at (816) 506-4357 or Stacy Robarre-Silkiner, Hazard Mitigation ASJisTurrce B_1.vn �'nivx, UT (a16) 283-7679. srnevrer„ KATHY D quaver seetion and south of the IECE)S Hir,rlw..y Knvvr;-, ..0 z!a_ty Keua Ko --to Z5 V, r ne proposes easements on tieeti resLricLOY property supports and does noL violaLe Lhe open space use in .eoordu.—.00 w:tn tno acoa zF4 CrK z05.zF34 (e) ,...0 7Tzr uric, 0.iv. Any improvements made to these deed restricted properties must also comply with the floodplain ...ueugc...nA pori_.vJ --21 1.:Imt7ev— .,nvironmenta, historic rreservation (vnr) requirements/Conditions: A change to Lhe open space use in ucco;'a..-.oe .:in me aeaU 4zF r,rK L0VU7F (e) anu 44 urxc aM, iv requires prior approval from FEMA. The National Environmental Policy Act (NLeA) Jt:pulL.€vJ TrM 0U4xVA,J yr u.:v .a .e�AT To u i -ir suorecipient shall be reviewed by all state and federal abencies participatinr, in the NEPA process. NEVA 3ir'e oII Ivi all additions or amendments is essential before Lhe change in land use can be approved by FEMA or implemented by Tne nLvlisr suorecipient. anis review does not address all federal, state, and local requirements. AccepLance of federal ru:.d:�.� .o.�uT�oJ �ov.piG.it tv VViT, +I, -in un reae...t, �TuTe, ..:.7 local laws. railure Lo ootain ail appropriate federal, state, and local environmental permits and oic.ra;.ocs I , s...p-1 xvavruL in arTridon, Lne rodowing special conditions have been identified: • E011988 Floodplain: The applicant must obtain letter from the local floodplain admin'.stratoi nctoic work begins. v erification of Lhis will be required prior to Lhe temporary easements expirinr,. E011990 Wetlands: Construction activities and equipment storare are not to be Iov..tva III oR xTaq •er u .y adjacent wetlands. All materials and equipment should be sLared outside of the wetland on paved or previously uisLurueu areas. As a reminder, per 44 CFR �206.434(e)(1)(iii), no federal e. -.tit, or JoL.LcG AAA u, r.e; iUe mi. arav: u.,r;ir;Tance ror any purpose with respecL Lo this property, nor may any application for such assistanee be made to any tederul n.Tity Vr source. Tfyou have any Iuestio�.s corrcon.irrr, tni� L.vtivA., l le.�v eeli€uet t u u wniTvner, riaZai'Zi 1V11L1gaLIOn ASS15Lance SpecialisL, at (816) 506-4357 or Stacy Robarre-Silkiner, Hazard Mitigation ASJisTurrce B_1.vn �'nivx, UT (a16) 283-7679. srnevrer„ KATHY D vigiLaliysiyne'uGyRRin, D FIELDS IECE)S 0500021.09.2315:1/:O5 nuTn, U. r�v�a� Rer,ional Administrator, Region Vii (Actl!_%) Federal Emergency Management Agency xvw. Tema. gov ROUTE COUNTY PROJECT PARCEL C E R T I F I C A T E 177 Cape Girardeau J9S3452 07 and 16 I hereby certify that the following is a true and correct copy of an excerpt from the minutes of the meeting of the City Council of The City of Cape Girardeau, Missouri, a municipal corporation, held on the day of 2021: "WHEREAS, the Missouri Highways and Transportation Commission of Jefferson City, Missouri, desires to purchase from The City of Cape Girardeau, Missouri, a municipal corporation, property rights owned by the said city, for the improvement of State Route 177, Project J9S3452, in Cape Girardeau County, Missouri for the sum of One and No/100 DOLLARS ($1.00) and other good and valuable consideration, said property and property rights more particularly described as follows, to -wit: Tract 7 Description That portion of Grantors land within the limits of a temporary construction easement for the construction of a driveway lying in the Southwest Quarter of the Southeast Quarter, Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, described as follows: Beginning at a point 152.90 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 623+70.00, said point lying on the existing Rte. 177 Southerly boundary; thence Westerly to a point 150.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 624+25.00; thence Northerly to a point 103.91 feet Southerly of and at a right angle to Rte. 177 surveyed centerline station 624+25.00, saidpoint lying on the existing Rte. 177 Southerly boundary; thence Easterly along said Rte. 177 Southerly boundary to the Point of Beginning. The above described temporary easement contains 0.02 acre, more or less. The grantee's interest in this temporary easement will be extinguished immediately at the completion of Highway Project No. J9S3452 or no later than January 31, 2023. The Route 177 surveyed centerline from Station 614+10.00 to Station 652+65.00 is described as follows: Commencing from a found 3" Brass Cap in concrete at the Common Corner of Sections 15, 16, 21 and 22, Township 31 North, Range 14 East of the Fifth Principal Meridian, said corner described by JK Russell, MO PLS 1927 in MLS Document #600- 47933; thence S19035'44"W a distance of 3,983.77 feet to the Rte. 177 surveyed centerline Station 614+10.00 also being the Point of Beginning; thence S57'00'1 8"W a distance of 576.54 feet to TS Station 619+86.54; thence along a spiral curve to the right for a distance of 199.00 feet to SC Station 621+85.54, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence along the arc of a 4°59'58.7" curve to the right a distance of 630.11 feet to CS Station 628+15.65, said curve having a radius of 1,146.00 feet and a deflection angle of 41'27'08.8"; thence along a spiral curve to the right for a distance of 199.00 feet to ST Station 630+14.65, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence N81 °32'33"W a distance of 908.07 feet to PC Station 639+22.72; thence along the arc of a 0°15'00.0" curve to the right a distance of 456.64 feet to PT Station 643+79.37, said curve having a radius of 22,918.00 feet and a deflection angle of 1'08'29.9"; thence N80°24'03"W a distance of 266.78 feet to PC Station 646+46.15; thence along the arc of a 1'59'59.5" curve to the left a distance of 1,467.04 feet to PT Station 661+13.19, said curve having a radius of 2,865.00 feet and a deflection angle of 29°20'19.4" and there terminating. This conveyance includes all the realty and realty rights described in the preceding paragraphs that lie within the limits of land described and recorded with theCape Girardeau County Recorder of Deeds in Book 831, Page 628 and in Book 999, Page 882. Tract 16 description: A tract of land lying in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the Southerly or left side of hereinafter -described Rte. 177 surveyed centerline, to wit: All the land of said granter lying within the following described tract: Beginning at Station 641+25.00 on the surveyed centerline; thence Southerly to a point 90.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 641+25.00; thence Westerly to a point 85.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 642+25.00; thence Northwesterly to a point 65.19 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 642+85.00; thence Northerly to a point on the hereinafter -described Rte. 177 surveyed centerline Station 642+85.00; thence Easterly along the Rte. 177 surveyed centerline set forth herein, to the Point of Beginning. The above described land contains 0.02 acre of grantors land, more or less. Also, a permanent easement for the construction and maintenance of a drainage structure in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the Southerly or left side of hereinafter -described Rte. 177 surveyed centerline, to wit: All the land of said grantor lying within the following described tract: Beginning at a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+35.00; thence Southerly to a point 160.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+35.00; thence Northwesterly to a point 130.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+85.00; thence Northerly to a point 65.41 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+85.00; thence Easterly to the point of beginning. The above described permanent easement contains 0.03 acre, more or less. The permanent drainage structure will be constructed on only part of said land, the extra land being included for men and machinery to work and turn on. After completion of construction and acceptance of the project, the owners of said land may fence, and shall have the free and uninterrupted possession and use of said tract; subject only to the Missouri Highways and Transportation Commission's right, if it should so elect, to enter thereon from time to time for the purpose of maintaining said drainage structure. Also, a temporary construction easement to construct a driveway in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the South or left side of hereinafter -described Rte. 177 surveyed centerline, to wit: Beginning at a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 645+65.00; thence Southerly to a point 100.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 645+65.00; thence Westerly to a point 100.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+25.00; thence Northerly to a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+25.00; thence Easterly to the point of beginning. The above described temporary easement contains 0.05 acre, more or less. The grantee's interest in this temporary easement will be extinguished immediately at the completion of Highway Project No. J9S3452 or no later than January 31, 2023. The Route 177 surveyed centerline from Station 614+10.00 to Station 652+65.00 is described as follows: Commencing from a found 3" Brass Cap in concrete at the Common Corner of Sections 15, 16, 21 and 22, Township 31 North, Range 14 East of the Fifth Principal Meridian, said corner described by JK Russell, MO PLS 1927 in MLS Document #600-47933; thence S19035'44"W a distance of 3,983.77 feet to the Rte. 177 surveyed centerline Station 614+10.00 also being the Point of Beginning; thence S57000'18"W a distance of 576.54 feet to TS Station 619+86.54; thence along a spiral curve to the right for a distance of 199.00 feet to SC Station 621+85.54, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence along the arc of a 4°59'58.7" curve to the right a distance of 630.11 feet to CS Station 628+15.65, said curve having a radius of 1,146.00 feet and a deflection angle of 41'27'08.8"; thence along a spiral curve to the right for a distance of 199.00 feet to ST Station 630+14.65, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence N81 °32'33"W a distance of 908.07 feet to PC Station 639+22.72; thence along the arc of a 0°15'00.0" curve to the right a distance of 456.64 feet to PT Station 643+79.37, said curve having a radius of 22,918.00 feet and a deflection angle of 1'08'29.9"; thence N80°24'03"W a distance of 266.78 feet to PC Station 646+46.15; thence along the arc of a 1'59'59.5" curve to the left a distance of 1,467.04 feet to PT Station 661+13.19, said curve having a radius of 2,865.00 feet and a deflection angle of 29°20'19.4" and there terminating. This conveyance includes all the realty and realty rights described in the preceding paragraphs that lie within the limits of land described and recorded with the Cape Girardeau County Recorder of Deeds in Book 872, Page 487. WHEREAS, it is the desire of The City of Cape Girardeau, Missouri, a municipal corporation, to sell the above described property and property rights to the Missouri Highways and Transportation Commission; THEREFORE, BE IT HEREBY RESOLVED, The City of Cape Girardeau, Missouri, a municipal corporation, of the County of Cape Girardeau, State of Missouri sell to the Missouri Highways and Transportation Commission the above described property rights, and the Mayor of The City of Cape Girardeau, Missouri, a municipal corporation, Robert G. Fox, aka Bob Fox is hereby authorized and directed to execute a Special Warranty Deed and a Temporary Easement for Highway Purposes for and on behalf of the said City. APPROVED: The City of Cape Girardeau, Missouri, a municipal corporation am Gayle L. Conrad, City Clerk CCO FORM: RW52 COUNTY: Cape Girardeau Approved: 04/10 (AR) ROUTE: 177 Revised: 06/21 (BDG) PROJECT: J9S3452 Modified: FED. PROJECT: N/A PARCEL: 16 SPECIAL WARRANTY DEED (1) PARTIES: THIS AGREEMENT, made this day of , 2021, by and between The City of Cape Girardeau, Missouri, a municipal corporation, (hereinafter, "Grantor"), of the County of Cape Girardeau, and State of Missouri, and the STATE OF MISSOURI, acting by and through the MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, (hereinafter, "Grantee"). GRANTOR'S ADDRESS: 401 Independence, Cape Girardeau, MO 63701 GRANTEE'S ADDRESS: 2675 N. Main St., Sikeston, MO 63801 (2) CONSIDERATION: Grantor, in consideration of the sum of One and NO/100 DOLLARS ($1.00) and other good and valuable consideration, to be paid by the Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain and sell, convey and confirm to the Grantee fee simple title in the property described in this deed. (3) PROPERTY DESCRIPTION: Grantor conveys to the Grantee the real estate and interests in real estate in the County of Cape Girardeau, State of Missouri, and described as follows: A tract of land lying in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri ,being more particularly described in the attached Exhibit A. (4) RIGHTS OF GRANTEE: Grantee shall obtain all rights, privileges, appurtenances and immunities belonging to the Grantor, its successors and assigns forever. (5) SPECIAL WARRANTY: The Grantor hereby covenants that it is lawfully seized of an indefeasible estate in fee in the premises hereby conveyed. Grantor covenants that the said premises are free and clear of any encumbrances done or suffered by it, and will warrant and defend the title to said premises unto the Grantee, and unto its successors and assigns, forever, against the lawful claims and demands of all persons claiming by, through or under the Grantor, but none other. (6) DATE: IN WITNESS WHEREOF, the said Grantor executed the above the day and year first above written. The City of Cape Girardeau, Missouri, a municipal corporation By: Robert G. Fox a/k/a Bob Fox, Mayor ACKNOWLEDGMENT BY CITY STATE OF ) ss COUNTY OF ) On this day of , 2021, before me appeared Robert G. Fox a/k/a Bob Fox personally known to me, who being by me duly sworn, did say that he is the Mayor of the City of Cape Girardeau and that the foregoing instrument was signed on behalf of the City of Cape Girardeau and that he acknowledged said instrument to be the free act and deed of the City of Cape Girardeau and that it was executed for the consideration stated therein and no other. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforesaid the day and year written above. Notary Public 2 X616l70liAT0ZATITPZ1 Approved: 06/96 (RMH) Revised: 01/19 (TP) Modified: COUNTY: Cape Girardeau ROUTE: 177 PROJECT: J9S3452 FED. PROJECT: PARCEL: 07 MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION TEMPORARY EASEMENT FOR HIGHWAY PURPOSES THIS INDENTURE, made this day of , 2021, by and between The City of Cape Girardeau, Missouri, a municipal corporation, of the County of Cape Girardeau, and State of, Missouri, 401 Independence Street, Cape Girardeau, MO 63701, (grantor) and the State of Missouri, acting by and through the Missouri Highways and Transportation Commission, 105 W. Capitol Avenue, Jefferson City, MO 65102, (grantee) WITNESSETH, that the said grantor, in consideration of the sum of One dollar and No/100 ($1.00) and other good and valuable consideration, to be paid by the said grantee, the receipt of which is hereby acknowledged, does by these presents remise, release and quitclaim unto said grantee, the following described temporary easement in real estate in the County of Cape Girardeau, State of Missouri, to wit: That portion of Grantors land within the limits of a temporary construction easement for the construction of a driveway lying in the Southwest Quarter of the Southeast Quarter, Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, described as follows: Beginning at a point 152.90 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 623+70.00, said point lying on the existing Rte. 177 Southerly boundary; thence Westerly to a point 150.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 624+25.00; thence Northerly to a point 103.91 feet Southerly of and at a right angle to Rte. 177 surveyed centerline station 624+25.00, said point lying on the existing Rte. 177 Southerly boundary; thence Easterly along said Rte. 177 Southerly boundary to the Point of Beginning. The above described temporary easement contains 0.02 acre, more or less. The grantee's interest in this temporary easement will be extinguished immediately at the completion of Highway Project No. J9S3452 or no later than January 31, 2023. The Route 177 surveyed centerline from Station 614+10.00 to Station 652+65.00 is described as follows: Commencing from a found 3" Brass Cap in concrete at the Common Corner of Sections 15, 16, 21 and 22, Township 31 North, Range 14 East of the Fifth Principal Meridian, said corner described by JK Russell, MO PLS 1927 in MLS Document #600- 47933; thence S1 9'35'44"W a distance of 3,983.77 feet to the Rte. 177 surveyed centerline Station 614+10.00 also being the Point of Beginning; thence S57000'18"W a distance of 576.54 feet to TS Station 619+86.54; thence along a spiral curve to the right for a distance of 199.00 feet to SC Station 621+85.54, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence along the arc of a 4059'58.7" curve to the right a distance of 630.11 feet to CS Station 628+15.65, said curve having a radius of 1,146.00 feet and a deflection angle of 41027'08.8"; thence along a spiral curve to the right for a distance of 199.00 feet to ST Station 630+14.65, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence N81 °32'33"W a distance of 908.07 feet to PC Station 639+22.72; thence along the arc of a 0°15'00.0" curve to the right a distance of 456.64 feet to PT Station 643+79.37, said curve having a radius of 22,918.00 feet and a deflection angle of 1'08'29.9"; thence N80024'03"W a distance of 266.78 feet to PC Station 646+46.15; thence along the arc of a 1°59'59.5" curve to the left a distance of 1,467.04 feet to PT Station 661+13.19, said curve having a radius of 2,865.00 feet and a deflection angle of 29°20'19.4" and there terminating. This conveyance includes all the realty and realty rights described in the preceding paragraphs that lie within the limits of land described and recorded with the Cape Girardeau County Recorder of Deeds in Book 831, Page 628 and in Book 999, Page 882. TO HAVE AND TO HOLD the same, with all rights, privileges, appurtenances, and immunities thereto belonging or in anywise appertaining, unto said grantee, its successors and assigns; the said grantor hereby covenanting that it is lawfully seized of an indefeasible estate in fee in the premises from which temporary easement is herein conveyed; that it has good right to convey the same. IN WITNESS WHEREOF, the said grantor has executed the above the day and year first above written. The City of Cape Girardeau, Missouri, a municipal corporation By: Robert G. Fox a/k/a Bob Fox, Mayor 2 ACKNOWLEDGMENT BY CITY STATE OF ss COUNTY OF ) On this day of , 2021, before me appeared Robert G. Fox a/k/a Bob Fox personally known to me, who being by me duly sworn, did say that he is the Mayor of the City of Cape Girardeau and that the foregoing instrument was signed on behalf of the City of Cape Girardeau and that he acknowledged said instrument to be the free act and deed of the City of Cape Girardeau and that it was executed for the consideration stated therein and no other. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforesaid the day and year written above. Notary Public My Commission Expires: 3 MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION EXHIBIT A -LEGAL DESCRIPTION A tract of land lying in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the Southerly or left side of hereinafter -described Rte. 177 surveyed centerline, to wit: All the land of said grantor lying within the following described tract: Beginning at Station 641+25.00 on the surveyed centerline; thence Southerly to a point 90.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 641+25.00; thence Westerly to a point 85.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 642+25.00; thence Northwesterly to a point 65.19 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 642+85.00; thence Northerly to a point on the hereinafter -described Rte. 177 surveyed centerline Station 642+85.00; thence Easterly along the Rte. 177 surveyed centerline set forth herein, to the Point of Beginning. The above described land contains 0.02 acre of grantors land, more or less. Also, a permanent easement for the construction and maintenance of a drainage structure in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the Southerly or left side of hereinafter -described Rte. 177 surveyed centerline, to wit: All the land of said grantor lying within the following described tract: Beginning at a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+35.00; thence Southerly to a point 160.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+35.00; thence Northwesterly to a point 130.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+85.00; thence Northerly to a point 65.41 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+85.00; thence Easterly to the point of beginning. The above described permanent easement contains 0.03 acre, more or less. The permanent drainage structure will be constructed on only part of said land, the extra land being included for men and machinery to work and turn on. After completion of construction and acceptance of the project, the owners of said land may fence, and shall have the free and uninterrupted possession and use of said tract; subject only to the Missouri Highways and Transportation Commission's right, if it should so elect, to enter thereon from time to time for the purpose of maintaining said drainage structure. Title name oridentification of ro•ect Count ©`�` �/ �{ �:JESSIE BENJAMIN 6 * : ('HILPDT ' -0 _ q %° NUMBER : q PLS-20D7000083•;wro . , R - _ !' s',"AL LA0 ��' ` _1953452, Rte. 177, Tr. 16 Cape Girardeau City if applicable) State Cape Girardeau MO Date Prepared Sheet Licensee Name (sole proprietor, partnership, corporation, LLC, or government) of Missouri Department of Transportation r, ooT 105 West Capital Jefferson City, Missouri 65102 888 ASK MODOT (888) 275-6636 Professional Surveyor Namo rint Jessie Benjamin Philpoto• Disci linemss Professional Land Surveyor License ar Certificate of AuthorityNo."� MO # 2007000083 Professional Surveyor (Signature) Date f - ID ?p 2 only the following legal description contained in this "EXHIBIT" is authenticated by this seal. MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION EXHIBIT A -LEGAL DESCRIPTION Also, a temporary construction easement to construct a driveway in the Southwest Quarter of the Southwest Quarter of Section 21, Township 31 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County, Missouri, lying on the South or left side of hereinafter -described Rte. 177 surveyed centerline, to wit: Beginning at a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 645+65,00; thence Southerly to a point 100.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 645+65.00; thence Westerly to a point 100.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+25.00; thence Northerly to a point 65.00 feet Southerly of and at a right angle to the Rte. 177 surveyed centerline Station 646+25.00; thence Easterly to the point of beginning. The above described temporary easement contains 0.05 acre, more or less. The grantee's interest in this temporary easement will be extinguished immediately at the completion of Highway Project No. J9S3452 or no later than January 31, 2023. The Route 177 surveyed centerline from Station 614+10.00 to Station 652+65.00 is described as follows: Commencing from a found 3" Brass Cap in concrete at the Common Corner of Sections 15, 16, 21 and 22, Township 31 North, Range 14 East of the Fifth Principal Meridian, said corner described by JK Russell, MO PLS 1927 in MLS Document #600-47933; thence 519'35'44"W a distance of 3,983.77 feet to the Rte. 177 surveyed centerline Station 614+10.00 also being the Point of Beginning; thence S57°00'18"W a distance of 576.54 feet to TS Station 619+86.54; thence along a spiral curve to the right for a distance of 199.00 feet to SC Station 621+85.54, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence along the arc of a 4°59'58.7" curve to the right a distance of 630.11 feet to CS Station 628+15.65, said curve having a radius of 1,146.00 feet and a deflection angle of 41°27'08.8"; thence along a spiral curve to the right for a distance of 199.00 feet to ST Station 630+14.65, said curve having an X distance of 198.85 feet along the main tangent and a Y distance of 5.76 feet offset from the main tangent; thence N81°32'33"W a distance of 908.07 feet to PC Station 639+22.72; thence along the arc of a 0*15'00.0" curve to the right a distance of 456.64 feet to PT Station 643+79.37, said curve having a radius of 22,918.00 feet and a deflection angle of 1'08'29.9"; thence N80'24'03"W a distance of 266.78 feet to PC Station 646+46.15; thence along the arc of a 159'59.5" curve to the left a distance of 1,467.04 feet to PT Title name or identification of fo'ect Count ri�n ,+01 0 I Ni/ << � �,' � . � � � � � � . S S,� Fi / •, kP•'� ���' ��', •� _ * : JESSIE BENJAMIN=" _ PHI! i'OT - NUMBS - c> _ (� c , �-,PL5-20010000'33 ' 4t' .©N " •'qL iAN� ``4 J9S3452, Rte. 177, Tr. 16 Cape Girardeau Cit ifapplicable)State Cape Girardeau p MO Date Prepared Sheet Licensee Name (sale proprietor, partnership, corporation, LLC, or government) of Missouri Department of Transportation M opT 105 West Capital LrW Jefferson City, Missouri 65102 888 ASK MOQOT (888) 275-6636 Professional Surveyor Nametint Jessie Benjamin Philpot Discipline Professional Land Surveyor License or Certificate of Authority No. MO # 2007000083 Professional SVyeyor Si nature Date e r Only the following legal description contained in this "EXHIBIT' is authenticated by this seal. i MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION EXHIBIT A -LEGAL DESCRIPTION Station 661+13.19, said curse having a radius of 2,865.00 feet and a deflection angle of 29°20'19.4" and there terminating. This conveyance includes all the realty and realty rights described in the preceding paragraphs that lie within the limits of land described and recorded with the Cape Girardeau County Recorder of Deeds in Book 572, Page 487. Title name or identification of project) County - � � OF MISS, t. ��••®� ` Z J9S3452, Rte. 177, Tr. 16 Cape Girardeau Cit ifapplicable) Cape Girardeau VSotate ' JESSIE l3FNJAMIN'• ` PHILPOT = = -0 - -;a : NUMBER ' 0• •- : o PLS -2007000083'< Q qL LAS' �.�� �. Q *` - �'00 Date Prepared Sheet Licensee Name {sole prop(ietor, partnership, corporation, LLC, or government) I of I Missouri Department of Transportation M DOT 105 West Capital F Jefferson City, Missouri 65102 888 ASK MODOT 888 275-6636 Professional Surveyor Name rint Jessie Benjamin Philpot Discipline Professional Land Surveyor License or Certificate of Authority No. MO # 2007000083 Professional ure or (Signature) Date ] r� Only the following legal description 0 contained in this "EXHIBIT" is authenticated by this seal. Staff: Ryan Shrimplin, AICP - City Planner Agenda: 10/18/2021 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 at the northeast corner of Baldwin Drive and County Road 618, in the City and County of Cape Girardeau, Missouri, from C-2 to R-3. EXECUTIVE SUMMARY The attached ordinance rezones property at the northeast corner of Baldwin Drive and County Road 618. The applicant is requesting that the property be rezoned from C-2 (Highway Commercial District) to R-3 (High Density Single -Family Residential District). The City CounciPs public hearing on the rezoning request was held on October 4, 2021. BACKGROUND/DISCUSSION A rezoning application has been submitted for property at the northeast corner of Baldwin Drive and County Road 618. The applicant is requesting that the property be rezoned from C-2 (Highway Commercial District) to R-3 (High Density Single -Family Residential District). The immediately surrounding properties are zoned C-2 (Highway Commercial District) to the north, west, and southwest. The other properties are outside the city limits and are not zoned. This area is characterized by residential and agricultural uses. The Cape Vision 2040 Future Land Use Map shows the subject property as Medium Density Residential. The City Councirs public hearing on the rezoning request was held on October 4, 2021. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IWACTS In considering a rezoning request, both the Planning and Zoning Commission and the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. The subject property is proposed to be developed for a duplex subdivision. It is located just south of an existing duplex subdivision. R-3 is one of the zoning district equivalents of the Medium Density Residential future land use category in the Cape Vision 2040 comprehensive plan. The proposed zoning district is compatible the surrounding uses and consistent with the comprehensive plan, and as such it is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the rezoning request. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing at its meeting on September 8, 2021 and recommended approval of the rezoning request by a vote of 8 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City Councirs public hearing was advertised in the Southeast Missourian on September 19, 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: D Baldwin Dr and Co Rd 618 Rezone.doc Ordinance D Staff Review -Referral -Action FgmVdf NE Comer of Baldwin Drive & County Road 618 - Staff RRA Form D Map - Zoning - Baldwin Creek Subdivision (Revised).pdf NE Comer of Baldwin Drive & County Road 618 - Zoning Map D Map - FLU - Baldwin Creek Subdivision (Revised).pdf NE Comer of Baldwin Drive & County Road 618 - FLU Map D Application - Baldwin Creek Rezonine.pdf NE Comer of Baldwin Drive & County Road 618 - Application D CC-2Tpdf C-2 District Regulations D RR-3Tpdf R-3 District Regulations BILL NO. 21-152 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF BALDWIN DRIVE AND COUNTY ROAD 618, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM C-2 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 C-2, Highway Commercial 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, October 4, 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 C-2, Highway Commercial 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 C-2, Highway Commercial District, to R-3, High Density Single -Family Residential District, for the following described property: THAT PART OF UNITED STATES PRIVATE SURVEY NO. 790, FRACTIONAL SECTIONS 9 AND 10, TOWNSHIP 31 NORTH, RANGE 13 EAST, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF BALDWIN PLACE PHASE Ill, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, IN DOCUMENT NUMBER 2020- 07233; THENCE SOUTH 02°44'42" WEST, 57.02 FEET; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1,475.00 FEET, A LENGTH OF 351.55 FEET (THE CHORD OF SAID ARC BEARS SOUTH 04004'59" EAST, 350.72 FEET); THENCE NORTH 51038'52" EAST, 35.43 FEET; THENCE NORTH 24051'52" EAST, 230.76 FEET; THENCE NORTH 11003'46" EAST, 27.54 FEET; THENCE SOUTH 89012'33" EAST, 162.45 FEET; THENCE NORTH 61005'54" EAST, 71.85 FEET; THENCE SOUTH 33044'10" EAST, 245.48 FEET TO A COMMON CORNER OF TRACTS CONVEYED IN DOCUMENT NUMBER 2021-05756 AND 2011-08980; THENCE CONTINUE WITH THE SOUTH LINE OF SAID TRACT CONVEYED IN DOCUMENT NUMBER 2011-08980, SOUTH 33044'10" EAST, 100.00 FEET; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 560.00 FEET, LENGTH OF 187.30 FEET (THE CHORD OF SAID ARC BEARS SOUTH 43019'05" EAST, 186.43 FEET); THENCE SOUTH 21 048'58" EAST, 370.59 FEET TO A POINT IN COUNTY ROAD #618; THENCE WITH SAID COUNTY ROAD, SOUTH 48020'02" WEST, 198.89 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 300.00 FEET, A LENGTH OF 103.57 FEET (THE CHORD OF SAID ARC BEARS SOUTH 58013'26" WEST, 103.05 FEET) THENCE SOUTH 68°06'49" WEST, 126.41 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 800.00 FEET, LENGTH OF 104.52 FEET (THE CHORD OF SAID ARC BEARS SOUTH 71051'24" WEST, 104.45 FEET); THENCE SOUTH 75035'59" WEST, 132.62 FEET; THENCE LEAVING THE CENTER OF SAID COUNTY ROAD #618, NORTH 14024'01" WEST, 25.00 FEET; THENCE ALONG THE ARC OF A NON- TANGENT CURVE BEING CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 22.00 FEET, LENGTH OF 39.06 FEET (THE CHORD OF SAID ARC BEARS NORTH 24044'30" EAST, 34.13 FEET); THENCE NORTH 26006'59" WEST, 365.20 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,525.00 FEET, LENGTH OF 768.18 FEET (THE CHORD OF SAID ARC BEARS NORTH 11 041109" WEST, 760.08 FEET); THENCE NORTH 02°44'42" EAST, 57.90 FEET TO THE SOUTHEAST CORNER OF LOT 2 OF SAID BALDWIN PLACE PHASE Ill; THENCE WITH THE SOUTH LINE OF BALDWIN DRIVE, SOUTH 86015'02" EAST, 50.01 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THAT PART FALLING WITHIN COUNTY ROAD 618. 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. 1420 LOCATION: Baldwin Drive and Countv Road 618 STAFF RE1%IEW & COMMENTS: Meyr Properties, LP is requesting to rezone the above listed property from C-2 (Highway Commercial) to R-3 (High Density Single-family Residential). SEE STAFF REPORT FOR FURTHER INFORMATION `7 1 City P1 e W a/2 Date City A ey �4k71V7-'1- go Date CITY MANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION. City Date Planning & Zoning Commission Public Hearing Sign Pasting Date: Public Hearing Date: RECOMMENDED ACTION: Fav pr Oppose Abstain Scott Blank f ❑ ❑ Kevin Greaser ❑ ❑ Derek Jackson ❑ ❑ Patrick Koetting �/ ❑ ❑ Nick Martin ❑ ❑ VOTE COUNT: Favor COMMENTS: CITIZENS COMMENTING AT MEETING: Melissa Stickel Ed Thompson Sid Whittington Deborah Young 0 Oppose Favor,.Oppose Abstain ❑ ❑ Id ❑ ❑ Q f ❑ ❑ ❑ Ll Abstain atric oetting Planning & Zoning Commission Secretary City Council Action Posting Dates: Sign Newspaper Public Hearing Date: Ordinance I" Reading Ordinance 2"d & 3rd Reading: VOTE COUNT: Favor Oppose ORDINANCE # Effective Date: Abstain Rezoning Request Northeast Corner of Baldwin Drive & County Road 618 Requested Rezoning from C-2 (Highway Commercial) to R-3 (High Density Single -Family Residential) Future Land Use Recommendation: Medium Density Residential NV �� 13® I®1321 1221 I ®8 4 Wintefield Circle 86 ©80 1 1 °® 61 1t7e� ® 6 1 c .3 0 1461 4 1 0_0 ca -Summerfieid•Way'� 94 ° ® 86 082 0 e1 i® • 6 61 X10® ® 7 1 0 • 1311 2 ® AutuW 0 mn`Leaf Dr 96 ®®9 84 ®80 0 0 0 ® ,?3 0 0 1 85 N W_*/ F CITYOfCAPE G I R A R D E A U Created By: Carol Peters Planning Services Division August 23, 2021 170 340 680 F 0 Road 618 � o 3 0 _0 cII O 0-0 0 co 3605 •3 Stoniest_ ®43 10 0 Legend QArea to be Rezoned Parcels Zoning District C1 C2 R1 R3 R4 RUMD N W+ / E Rezoning Request Northeast Corner of Baldwin Drive & County Road 618 Requested Rezoning from C-2 (Highway Commercial) to R-3 (High Density Single -Family Residential) Future Land Use Recommendation: Medium Density Residential 13® 1.13®I 1221 ® Winterfield Circle) 1 s= 1461 4 1 0 -0 • • • • q ,1 2 M -Summerfield.Way',1 • 61 9 • • ®1 ,10: 1 1311 2 • Autumn'-L-eaf Dr • • • • P3 m • 2596 I • County.Road 618 CITYOf CAPE G I R A R D E A U Created By: Carol Peters Planning Services Division August 23, 2021 170 340 680 Fee •y: 86 ;82 ® 7 • 84 ®•9 ••80 • WI 0 o� • C Stone. Crest 43 1 • • Legend = Parcels FLU Recommendation Local Commercial Medium Density Residential 0 Low Density Residential E7 Agricultural ` REZONING 1 SPECIAL USE PERMIT APPLICATION .; CITY Qf CAPE GIRARDEAU .r DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST. CAPE GIRARDEAU, MO 63703 (573) 339-6327 Property Address/Location Co Rd 618! LaSalle Ave Applicant Property Owner of Record (if other than Applicant) Meyr Properties. LP Mailing Address City, State, Zip Mailing. Address City, State, Zip 966 Co Rd 616 Jackson MG 63755 Telephone Email Telephone Email 573-335-206 Jjansen@k:oehlerengineering.com Contact 'Person (if Applicant is a Business or Organization) (Attach additional owners information, if necessary) ,Josh Jansen Type of Request @ Rezoning 0 Special Use Permit LI Both Existing Zoning District Proposed Zoning District (Rezoning requests only) C2 R3 Legal description of property to be rezoned and/or upon which the special use is to be conducted see attached Describe the proposed use of the property. Duplexes Application continues on next page OFFICE USE ONLY Date Received & By L1 File #tom &1 MUNIS Application # %� MUNIS Permit #_ Application Fee Received $ 5 - IJ Check# r , 1 LJ Credit Card 0 Cash Planning & Zoning Commission Recommendation Date _ City Council Final Action Date Revised 12/06/2014 Special Use Criteria (Special Use Permit requests only) Explain how the special use permit request rneets the criteria below. Attach additional sheets, if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. 2) The proposed special use will not substantially increase fire hazards. 3) The proposed special use will not adversely affect the character of the neighborhood, 4) The proposed special use will not adversely affect the generol welfare of the community. S) The proposed special use will not overtax public utilities. ADDITIONAL ITEMS In addition to this completed application forma, the following items must be submitted: REQUIRED ''' Application fee ($135.0€7 payable to City of Cape Girardeau + additional $80 for Planned Development rezonings) List of adjacent property owners (see Instructions for requirements) See Instructions for more ✓ One (1) set of mailing envelopes, stamped and addressed to adjaeent property owners information. _ One (1) full size copy of a plat or survey of the property, if available r One (1) full size set of plans, drawn to an appropriate scale, depicting existing features to be removed, existing features to remain, and all proposed features such as: buildings and structures, paved areas, curbing, driveways, parking stalls, trash enclosures, fences, retaining walls, light poles, detention basins, landscaping areas, freestanding signs, etc. (Planned Development rezonings and Special Use Permits only) One (1) set of Planned Development documents (Planned Development rezonings only) CERTIFICATIONS The undersigned hereby certifies that: 1) They are the Property Owner(s) of Record for the property described in this application; 2) They acknowledge that the special use permit, if approved, wilt become null and void if the use for which the permit was granted does not commence within twelve (12) months of the approval date, unless an extension has been granted; and 3) They acknowledge that they are responsible for ensuring that all required licenses and permits are obtained prior to commencing any se,or work on the property. Propert Owner of Record Signature and Printed Name Date (Provide additional owners signatures and printed names in the space below, if applicable) The undersigned hereby certifies that they are an agent duly authorized by the Property Owner(s) of Record to file this application on their behalf and that rProperty Owners) of Record hereby agree to the above certifications. -�os� 5�,�sr,,.•, g�rrj��-J AlSplicant Si nature and Printed Name Date Revised 12/06/2019 BALDIWIN CF E E K SUBCIIVISICIN DIESCRIF111ON BEGIN AT -RHE SCIUTHE AIST CORN E R CIR BALDIWIN PLAICE PHASE III SU BDIIV ISICIN, AI SU BUIVISION CIN RILE IN THE LANCI RECORDS OR CAPE GIRARDIEAU COUNTY, MISSOURI, IN DIOCUMENII NUMBER 3020-07333; THENCE SCIUTH 03"44'431" W EST, 57.02 REET; THENCE ALONE A CURVE TO THE UE HT, HAV ING ARAIDIIUSOF11,47E.00FEET,,ALENCTHOR3E11.EE REETIJTHECHOFCIOR SAIICI ARC BEARS SCIUTH 04°(14'59" EAST, 35(1.73 FE ET;; THENCE NCIRTH 911'38'92" EAST, 35.43 REET; THENCE NORTH 34'511'92'" EAST, 330.76 REET; THENCE NCIRTH 1111°03'46" EASIT, 317.54 RE ET; THENCE SOUTH 89°112'33" EAST,, 163.4E FEET,; THENCE NORTH 61°05'54" EAST, 71.85 REET; THENCE SOUTH 33°44'110" EAIST,, 24E.48 FEET TCI AI COMMON CORNER CIR TRACTS CONVE YED IN DIOCU M ENT N U M BEF 20311-0575EI AN CI 20111.0(1980,; THENCE CCINTINUE WITH THE SOUTH LIN E CIR SAID TRACH CONVEYED IN DIOCU M ENT N U M BER 201111-08980, SOUTH 33044'10" EAST, 100.00 RE ET; THE NCE ALONG A CU RV E TO THE LE HT, HAVING AI RACIIUS CIR 960.00 F E ET, LENGTH CIR 181.30 HE ET (THE CH ORD CIF SAID ARC BEARS SCIUTH 43°119'09" EmIT, 1186.43 F E E T;; THE NCE SOUTH 31°48'58" EAST, 370.59 RE E T TO AI F OINT IN CCIU NTY RCIAID #1618; TF E NCE W ITH SAID CCU NTY ROAD, SOUTH 48°2(1'02' WEST, 198.89 RE ET; TF E N CE ALCING A CURVE TO THE RIGHT, HAVING A RAIDIIUS OR 300.00 REET, A LENGTH OR 103.57 BEET (TF E CF ORD CIH SAID ARC BEAR19 SOUTH 58°13'36 WEST, 11(13.(19 REET) THENCE SOUTH 68006'49" W EST,, 136.411 FEET,; THENCE ALONG AI CURVE TO THE RIG HT, HAVING A RADIUS OR 800.00 REET, LENGTH OH 11041.53 FEET (THE CHORD OH SAID ARC BE AIRS SOUTH 7111114" VUESIT, 1104.45 REET;; TF EN CE 9CIUTH 75'3E'59" WEST, 133.62 HEIST; THENCE UEAVING THE CENTER OR SAID COU NTY ROAD #6118, NORTH 114°24'01" W E ST, 25.00 REET; THE NCE AUCING THE ARC OR AI N ON- TAINGENII CUFVE BEING CONCAVE 110 THE NCIRTH\AKill, HAIVING A RADIUS CIR 22.00 RE BT, LBNGTH OF 39.06 HE ET (THE CHCIRD CIR SAID ARC BEARS NOR11H 34'44'30'' BAST, 34.13 RE ET;; THENCE NCIRTH 36006'99" \AESIT, 301 .30 RE BT; THENCE ALCING ACURV9TOTHE RIGHT, HAV ING AI RADIUS CIR 1,E 25.00 RE E11, LENGTH CIH 768.18 F EET (THE CHORD CIH SAID ARC BE AIRS NCIRTH 111°411'09" WE!rF, 160.08 REET); THENCE NORTH 03'44'413"' HAST, 511.9(1 FEET TO THE SOUTHEAST CORN ER OR LICIT 2 CIH SAID BAILMAIN RUACE PHAISE III SUBDIVISION; THENCE WITH THE SOUTH LIN E OR BAIL DW IN CIRIVE, SOUTH (16'15'02" EAST, 90.CI0 REET TO THB POINT OR BEC IN N ING. 7/13/2021 Cape Girardeau, MO Code of Ordinances Sec. 30-334. - C-2, highway commercial district. (a) Purpose. The C-2 district provides for commercial uses typically found along major thoroughfares, which are generally more intensive than uses permitted in the other commercial districts. As such, this district is primarily intended for areas of the city located in high-volume traffic corridors. In addition to uses permitted in the C-1 district, the C-2 district permits commercial developments requiring long term outdoor display of merchandise. Other uses having the potential to significantly affect adjacent residential and commercial districts may be allowed with approval of a special use permit. (b) Permitted principal uses. (1) Arenas or stadiums. (2) Art galleries or museums. (3) Auditoriums or theaters. (4) Banks or other financial institutions. (5) Banquet facilities. (6) Bed and breakfasts. (7) Commercial day cares. (8) Commercial recreation facilities. (9) Driving ranges. (10) Funeral homes or mortuaries. (11) Governmental facilities. (12) Health or fitness centers. (13) Helicopter landing pads, heliports or other landing areas in relationship with a hospital. (14) Hospitals. (15) Hotels or motels. (16) Institutions of higher education, including business, career or technology schools. (17) Instructional schools for art, dance, music, martial arts or other disciplines. (18) Kennels. (19) Libraries. (20) Medical marijuana dispensary facilities, as permitted in section 30-415, supplemental regulations. (21) Meeting halls. (22) Microbreweries. (23) Mini warehouses or self -storage units. (24) Nurseries or greenhouses. 1/4 7/13/2021 Cape Girardeau, MO Code of Ordinances (25) Nursing homes. (26) Offices. (27) Outdoor storage facilities for recreation vehicles or watercraft. (28) Parks or playgrounds. (29) Personal service establishments. (30) Pet grooming facilities. (31) Police or fire stations. (32) Residential treatment facilities. (33) Restaurants or bars. (34) Retail or rental establishments. (35) Television or radio studios, including any transmitting facilities. (36) Transit terminals. (37) Transitional housing. (38) Vehicle fueling, service or repair facilities, excluding body or paint shops. (39) Veterinary clinics or animal hospitals. (40) Warehouses or distribution centers. (41) Wineries. (c) Permitted accessory uses. (1) Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-403, supplemental regulations. (2) Short term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (3) Solar energy systems, as permitted in section 30-4101 supplemental regulations. (d) Special uses. (1) Amusement parks. (2) Billboards, as permitted elsewhere in the City Code. (3) Campgrounds, travel trailer or recreation vehicle parks. (4) Long term use of shipping containers for accessory uses, as permitted in section 30-402, supplemental regulations. (5) Manufactured business units, for office use only. (6) Public utilities, except for buildings or accessory structures that are normal and customary in a zoning district which would allow other buildings or structures of the same nature as a use - by -right. (7) Short term or long term use of shipping containers for principal uses, as permitted in section 2/4 7/13/2021 Cape Girardeau, MO Code of Ordinances 30-402, supplemental regulations. (8) Telecommunication towers, as permitted in section 30-404, supplemental regulations. (9) The allowance of additional height up to a total of one hundred (100) feet, not to exceed a total of eight (8) stories. (10) Vehicle body or paint shops. (11) Vehicle washing facilities, automatic or hand wash. (12) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. (e) Standards. (1) Outdoor display of merchandise is permitted in accordance with the following provisions: a. Displays shall not be located in a right-of-way. b. Displays shall not be located in parking spaces used to meet the minimum number of parking spaces as required elsewhere in the City Code. Vehicles for sale or rental and displays that are part of a bazaar, craft sale, garage or yard sale, or similar temporary event are exempt from this requirement, as determined by the city manager. c. Displays shall not impede vehicular or pedestrian access. d. Displays shall not alter the structure of any building. e. Displays shall not create a health or safety hazard. f. Displays shall be well kept and orderly. g. Signs may be displayed as permitted elsewhere in the City Code. h. The display of seasonal items shall be limited to a time period that is customary for the season associated with the display, which shall be at the discretion of the city manager. (2) Outdoor service areas and equipment such as loading docks, mechanical equipment, storage areas, or waste containers shall be located in the rear or side yard and screened as required elsewhere in the City Code. (f) Height, area, width, setback and open space requirements. (1) Maximum height: Sixty (60) feet, not to exceed five (5) stories. (2) Minimum lot area: None. (3) Minimum lot width: None. (4) Minimum setbacks: a. Front yard: Twenty-five (25) feet. b. Rear yard: None, except twenty (20) feet when adjacent to a residential use or district, or ten (10) feet when adjacent to an agricultural use or district. c. Side yard: None, except twenty (20) feet when adjacent to a residential use or district, or ten (10) feet when adjacent to an agricultural use or district. (5) Minimum open space. Fifteen (15) percent of the lot area. 3/4 7/13/2021 (Ord. No. 5211 , art. 5, 7-15-19) Cape Girardeau, MO Code of Ordinances Editor's note— Ord. No. 5211 , art. 51 adopted July 15, 2019, repealed the former § 30-334 and enacted a new section as set out herein. The former § 30-334 pertained to similar subject matter and derived from Ord. No. 5012, art. 5, adopted Oct. 2, 2017. 4/4 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 (2Y2) 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. Frontyard: 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: Gina Snyder, Director of Human Resources & Risk Management Agenda: 10/18/2021 SUBJECT 2022 Health Insurance Renewal EXECUTIVE SUMMARY This item provides for the approval of health insurance renewal for employees for 2022. BACKGROUND/DISCUSSION Attached is a summary from CBIZ Benefits & Insurance Services highlighting the medical insurance plan renewal. Anthem continues to offer the most competitive plan structure and strongest network of providers. The City's claims for the rating period July 1, 2020 to June 30, 2021 were approximately $3.4 million, a decrease of 12.5%. Paid claims, after stop loss, for the period of January 1, 2021 to August 31, 2021 were approximately $2.1 million or 84% of expected claims, and 67% of maximum. Overall maximum obligation of the 2022 plan will decrease by approximately 4%. It is recommended to continue the Blue Preferred Select Plans. These are PPO and HSA plan options with the same benefits as the regular plans but utilizing a narrow network of providers. I a I► : ► I►I M. 1 This renewal maintains the existing plan design with a proposed decrease of 4%. While variable expenses are expected to increase, these are completely depending upon the actual claim expense incurred by the plan for the year. Although a review indicates that Anthem has performed well over the past several years, there are new options to explore for the City's plan and staff recommends conducting a market RFP to re-evaluate these options next year for the 2023 plan year. STAFF RECOMMENDATION Staff recommends Council adopt the Anthem Plans as described in the communication from CBIZ dated October 8, 2021. Name: Description: 0 Resolution -Insurance. Anthem 2022.doc Resolution 0 City of Caere Medical Renewal 1-1-22.docx CBIZ letter ❑ 2022 Proposed Rates.pdf I Proposed 2022 Rate Sheets BILL NO. 21-153 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ANTHEM FOR EMPLOYEE HEALTH INSURANCE SERVICES, 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 Contract with Anthem for 2022 employee health insurance services, in the City of Cape Girardeau. Said Contract shall contain the terms set out in the proposal from Anthem Blue Cross. A copy of the proposal information is attached hereto and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 2021. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk CBIZ Benefits & Insurance Services Kansas City October 8, 2021 Ms. Gina Snyder Director of Human Resources and Risk Management City of Cape Girardeau, Missouri 401 Independence Street P.O. Box 617 Cape Girardeau, MO 63702 Re: Medical Plan Renewal Effective January 1, 2022 Dear Gina: The health insurance plan for the employees of the City of Cape Girardeau is due to renew effective January 1, 2022. The following information is related to that renewal. Plan History The City's health plan has been administered by Anthem for several years. The following is a history of the last several renewals: Effective with the January 1, 2018 renewal, combined plan maximum expenses increased by less than 1/2 of 1%. Effective with the January 1, 2019 renewal, combined plan maximum expenses decreased by 1.5%. Effective with the January 1, 2020 renewal, claims for the year increased by 27%. As a result of the renewal, total costs increased by 10.5%. While the City increased funding, there were no plan design changes. Effective with the January 1, 2021 plan renewal, CBIZ conducted a Request for Proposal (RFP). While there was interest shown by several vendors, none of the proposals provided significant savings over the renewal from Anthem, and ALL included significant plan changes, and provider exclusions. The final renewal increase negotiated with Anthem was 5.4%. Current Financial Position The good news this year is that claims have decreased from prior years. For the rating period of 7/1/20 to 6/30/21, paid claims were $3,339,555, a decrease of 12.5% vs. the same timeframe from last year. For the past 12 months, there were $365,545 over your stop loss point of $150,000, while last year's number was $504,342. For the rating period, you had 30 claims over $25,000, with 17 of those over $50,000 and 5 over $100,000 (your largest claim was $338,690). Paid claims (after removing $130,274 over your stop loss point of $150,000) for 1/1/21-8/31/21 were $2,049,814, or 84% of expected amounts, and 67% of maximum. Your total plan membership has remained the same from last year, at 670 members. Negotiated Renewal Offer After renewal negotiations, we were able to secure the following actions: 1) Based on the renewal calculation, Anthem has proposed a decrease to the renewal aggregate factors of 5.8%, a savings in the City's maximum of $265,000. 2) Anthem had originally requested an increase of 14.7% for Specific Stop Loss premium. CBIZ was able to negotiate this increase to 9%, a fixed cost savings of over $32,000. 3) There will be no change to the Administrative cost, or Aggregate Stop Loss premium. 4) After the slight increase to the stop loss premium and the decrease in the maximum aggregate levels, the City's plan will have an overall reduction in obligation of 4%. Overall Cost Impact While the maximum overall obligation on the plan will reduce from last year, our recommendation would be to leave all funding/rates at current levels. Should there be any true savings develop due to these reductions, the City will retain these savings due to the nature of the self-funded plan. Conclusion Should you need any further information, please let us know. Thank you for your continued confidence and support. Sincerely, David J. Johnson, CEBS Senior Benefits Consultant City of Cape Girardeau 2022 Health Insurance Rates — ACTIVE EMPLOYEES Effective January 1, 2022 Monthly Premium Rate Costs PPO Rates Employee Only Employee & Spouse Employee & Children Employee & Family Paid by City $462.44 $346.76 $745.34 ($695.60) PPO Rates — Narrow Network (New Option in 2015) Employee Only Employee & Spouse Employee & Children Employee & Family Paid by City* $397.48 $289.88 $670.48 ($660.90) HSA Rates+ Employee Only Employee & Spouse Employee & Children Employee & Family Paid by City $419.70 $314.80 $677.12 ($633.18) HSA Rates — Narrow Network+ (New Option in 2015) Employee Only Employee & Spouse Employee & Children Employee & Family Paid by City** $361.94 $264.12 $610.46 ($602.34) Dental Rates Employee Only Employee & Spouse Employee & Child(ren) Employee & Family Paid by City $19.50 $16.72 $35.68 ($31.40) *PPO Narrow Network "Employee Only" will receive an additional $35 per month gross pay on their paycheck. **HAS Narrow Network "Employee Only" will receive an additional $31 per month gross pay on their paycheck. +An additional $50 per month is contributed to employee's Health Savings Account. City of Cape Girardeau 2022 Health Insurance Rates — COBRA Effective January 1, 2022 Monthly Premium Rate Costs PPO COBRA Rates Employee Only Employee & Spouse Employee & Children Employee & Family $709.82 $1,181.20 $1,063.21 $1,469.76 PPO COBRA Rates — Narrow Network (New Option in 2015) Employee Only Employee & Spouse Employee & Children Employee & Family $674.12 $1,079.55 $969.80 $1,358.06 HSA COBRA Rates Employee Only Employee & Spouse Employee & Children Employee & Family $645.84 $1,073.94 $967.94 $1,336.51 HSA COBRA Rates — Narrow Network (New Option in 2015) Employee Only Employee & Spouse Employee & Children Emplovee & Family $614.39 $983.57 $883.79 $1,237.06 Dental COBRA Rates Employee Only Emplovee & Spouse Employee & Child(ren) Employee & Family $32.03 $51.92 $49.08 $68.42 *The responsible party pays all premium costs. All monthly costs are based on applicable premium rate plus 2% administrative fees. Staff: Gina Snyder, Director of Human Resources & Risk Management Agenda: 10/18/2021 SUBJECT 2022 Dental Insurance Renewal EXECUTIVE SUMMARY This item provides for the approval of dental insurance renewal for employees for 2022. BACKGROUND/DISCUSSION Attached is a summary from CBIZ Benefits & Insurance Services highlighting the dental insurance plan renewal with Delta Dental of Missouri. CBIZ recommends renewing the plan with no change to the plan or rates. FINANCIAL IMPACT There is no increase in administrative fees. STAFF RECOMMENDATION It is staffs recommendation Council approve the Delta Dental Plan as described in the communication from CBIZ dated September 15, 2021. ATTACHMENTS: Name: Description: ® Resolution -Insurance. Delta Dental 2022.doc Resolution ❑ City of Cane Girardeau Dental Renewal 1-1-22. CB1Z Letter.docx CBIZ letter ❑ 2022 Proposed Rates.pdf Proposed 2022 Rate Sheets BILL NO. 21-154 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DELTA DENTAL FOR EMPLOYEE DENTAL INSURANCE SERVICES, 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 Contract with Delta Dental for 2022 employee dental insurance services, in the City of Cape Girardeau. Said Contract shall contain the terms set out in the proposal from Delta Dental. A copy of the proposal information is attached hereto and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 2021. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk CBIZ Benefits & Insurance Services Kansas City September 15, 2021 Ms. Gina Snyder Director of Human Resources City of Cape Girardeau, Missouri 401 Independence Street P.O. Box 617 Cape Girardeau, MO 63702 Re: Delta Dental Plan Renewal Effective January 1, 2022 Dear Gina: Your dental plan with Delta Dental of Missouri is set to renew on January 1, 2022. The following information is related to that renewal action. History As you know, the City sets their own conventional equivalent rates to fund the cost of your self-funded plan. Your rates have remained stable for the past several years. Effective with your January 1, 2019 renewal date, Delta Dental increased the administrative cost from $6.13 per employee, per month (PEPM) to $6.28. The plan was amended to add enhanced coverage for implants. The City also amended the plan to include a passive PPO option that allows the plan to leverage additional savings from PPO contracted dentists for the plan and employees. These savings come without penalizing employees if they do not utilize these particular dentists. Effective with the January 1, 2020 renewal, the City left all rates at current levels. Effective with the January 1, 2021 renewal, Delta offered to renew the current administrative fee for an additional 24 months, and the City left all rates at current levels. Claims Experience Based on reporting from Delta Dental, your paid claims from 8/1/20 to 7/31/21 were $173,120. This is only slightly higher than the total claims incurred for 8/1/19 to 7/31/20($171,115), and closer to your normal average. This is slightly on a Per Employee, Per Month (PEPM) basis, from $28.68 to $29.38. Your average number of covered subscribers are almost the same this year at 491 vs. 497 last year. The passive PPO continues to drive savings, with PPO network savings increasing from $33,227 last year, to $38,826 in the last 12 months, an increase of nearly 17%. Current Funding Analysis Based on actual paid claims year-to-date in 2021, and estimated collected premium (based on July, 2021), your year-to-date plan performance in 2021 is estimated as follows: Actual Paid Claims (01/01/21- 07/31/21) $108,286 Estimated Administrative Cost (3,421 x $6.28) $21,484 Estimated Expenses $129,770 Estimated Collected (01/01/21- 07/31/21) ($20,333 x 7) $142,331 Surplus $12,561 Renewal Recommendation We have projected that the City will collect approximately $244,000 in premium in 2021, based on current participation in your plan as well as the current billed rates. Based on these projections, as well as projected expenses, we would recommend that the City leave your current rates in place for 2022. If we can provide any further information, please let us know. Thank you for your continued confidence and support. Sincerely, David J. Johnson, CEBS Senior Benefits Consultant City of Cape Girardeau 2022 Health Insurance Rates — ACTIVE EMPLOYEES Effective January 1, 2022 Monthly Premium Rate Costs PPO Rates Employee Only Employee & Spouse Employee & Children Employee & Family Paid by City $462.44 $346.76 $745.34 ($695.60) PPO Rates — Narrow Network (New Option in 2015) Employee Only Employee & Spouse Employee & Children Employee & Family Paid by City* $397.48 $289.88 $670.48 ($660.90) HSA Rates+ Employee Only Employee & Spouse Employee & Children Employee & Family Paid by City $419.70 $314.80 $677.12 ($633.18) HSA Rates — Narrow Network+ (New Option in 2015) Employee Only Employee & Spouse Employee & Children Employee & Family Paid by City** $361.94 $264.12 $610.46 ($602.34) Dental Rates Employee Only Employee & Spouse Employee & Child(ren) Employee & Family Paid by City $19.50 $16.72 $35.68 ($31.40) *PPO Narrow Network "Employee Only" will receive an additional $35 per month gross pay on their paycheck. **HAS Narrow Network "Employee Only" will receive an additional $31 per month gross pay on their paycheck. +An additional $50 per month is contributed to employee's Health Savings Account. City of Cape Girardeau 2022 Health Insurance Rates — COBRA Effective January 1, 2022 Monthly Premium Rate Costs PPO COBRA Rates Employee Only Employee & Spouse Employee & Children Employee & Family $709.82 $1,181.20 $1,063.21 $1,469.76 PPO COBRA Rates — Narrow Network (New Option in 2015) Employee Only Employee & Spouse Employee & Children Employee & Family $674.12 $1,079.55 $969.80 $1,358.06 HSA COBRA Rates Employee Only Employee & Spouse Employee & Children Employee & Family $645.84 $1,073.94 $967.94 $1,336.51 HSA COBRA Rates — Narrow Network (New Option in 2015) Employee Only Employee & Spouse Employee & Children Emplovee & Family $614.39 $983.57 $883.79 $1,237.06 Dental COBRA Rates Employee Only Emplovee & Spouse Employee & Child(ren) Employee & Family $32.03 $51.92 $49.08 $68.42 *The responsible party pays all premium costs. All monthly costs are based on applicable premium rate plus 2% administrative fees. Staff: Katrina D. Amos, Airport Manager Agenda: 10/18/2021 SUBJECT A Resolution authorizing the City Manager to execute a Premise and Equipment Agreement with Pilot House, Inc. at the Cape Girardeau Regional Airport. EXECUTIVE SUMMARY The attached lease agreement is a new, five-year lease with Pilot House, Inc. to operate the airport restaurant at the Cape Girardeau Regional Airport This will serve as a second location for Pilot House, Inc., who also operates a successful restaurant in the City of Cape Girardeau. BACKGROUND/DISCUSSION In February 2021, Sandy's Place LLC relocated to their new location on Nash Road after nearly twelve (12) years of successfully operating the restaurant at the Cape Girardeau Regional Airport. Upon official notice of their departure, airport staff advertised a Request for Proposals to select a new operator for the facility. Pilot House, Inc. submitted a viable proposal that meets the needs of the airport and its customers. This will be the second location for Pilot House, Inc., who has been located at 3532 Perryville Road in Cape Girardeau, Missouri for over six (6) decades. While very successful, this location is limited in terms of building size and parking, with the neighboring Cape Lacroix Creek making it almost impossible to expand. The airport offers the perfect opportunity for Pilot House, Inc. to expand their customer base to those flying in to Cape Girardeau, both general aviation and commercial passengers, while affording them the space needed to fill their catering orders. Additionally, as a part of the Terminal Area Master Plan study, a survey was conducted asking airline passengers what amenities were most important to enhance their experience at the airport. 87% of those surveyed stated the restaurant was an important component to their overall experience. The lease provides the facility to Pilot House, Inc. for a 3% commission of gross sales for the first $150,000 per annum and 2% commission on gross sales for all sales above the $150,000 annually. The lease allows Pilot House, Inc. to pay a $600 average monthly for the first year, making up the difference in monies earned the City on the twelfth month. This average monthly rent will increase in the second year to $825.00. FINANCIAL IMPACT The airport should see annual revenues of approximately $10,000+, or $50,000+ total as a direct result of this lease. It is very difficult to measure the indirect revenues, which are generated by pilots, civilian and military, who fly in to the airport to eat at the restaurant and purchase aircraft fuel. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The restaurant has proven to be a huge draw for the general public coming to the airport and essential to the overall passenger experience. While that in itself mostly helps the restaurant, we believe the number of people introduced to the airport, the airline, and general aviation activities in general, is very beneficial to the airport as well. STAFF RECOMMENDATION Staff recommends the City Council approve a resolution authorizing the City Manager to execute the attached five-year premises and equipment lease agreement with Pilot House, Inc, for the restaurant located at the Cape Girardeau Regional Airport. ATTACHMENTS: Name: Description: D Aereement Pilot House Airport.doc Resolution ® Pilot House Inc Restaurant Lease.pdf Premise and Equipment Lease BILL NO. 21-155 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH PILOT HOUSE, INC., FOR RESTAURANT SPACE AND EQUIPMENT, 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 Premise and Equipment Lease with Pilot House, Inc., for restaurant space and equipment, at the Cape Girardeau Regional Airport, 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 PREMISES AND EQUIPMENT LEASE Cape Girardeau Regional Airport Restaurant This lease is made and entered into this day of 20_, by and between the CITY OF CAPE GIRARDEAU, MISSOURI, a municipal corporate (hereafter "Lessor") and Pilot House, Inc. (hereafter "Lease"). In consideration of the mutual promises and covenants hereinafter set forth and other goods and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties hereto as follows: 1. LEASED PREMISES. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor, the property shown on diagram in Exhibit A and the equipment described in the inventory list, to be included, and mutually agreed by both parties, as Exhibit B and by this reference made a part hereof, which said property is located with the terminal building at the Cape Girardeau Regional Airport in Cape Girardeau, Missouri. INVENTORY. Lessor agrees to lease to Lessee and current inventory of restaurant supplies and equipment listed in an inventory list, to be included as Exhibit B, which shall be in stock at the time this lease commences. Such equipment and supplies shall be verified through combined inspection of both parties and verified with a mutually signed inventory list (Exhibit B) consisting of the individual items and quantities of items. Said inspection shall begin at such time as this lease shall commence and payment for any such items missing from the list at time of lease termination shall be made within thirty (30) days of completion of a final inventory inspection. USE OF PREMISES. Lessee shall occupy and use the leased premises to operate a restaurant, lounge, meeting facility, and banquet center, as well as operate a catering business on and off premises. Should such use be at any time prohibited by law, then Lessee, at its option, may terminate this lease and all of its liability hereunder. Lessee shall at all times maintain a respectable, clean, and professional operation and appearance. Lessee shall have the option to remain open during Airport special events and agrees to coordinate their plans for such and receive approval from Airport Management. Lessee agrees to be open and operate, at a minimum, for continental breakfast and lunch weekly, six days per week unless approved otherwise by Airport Management. 4. TERM. The term of this lease shall be for months, commencing on , 2021 and shall expire on , 202_. This lease shall automatically renew, on the same terms and conditions, on a month-to-month basis unless Lessee notifies Lessor in writing of intent to terminate the lease at least sixty (60) days prior to the end of the current leased term. At the conclusion these lease terms, all rental amounts and other conditions of this lease shall be subject to renegotiation at the option of the Lessor. RENT. Lessee promises and agrees to pay rent to Lessor for the leased premises at a rate of three percent (3%) of monthly gross receipts for the first $150,000.00 of annual gross receipts and two percent (2%) of monthly gross receipts in excess of such $150,000.00 of annual gross receipts. "Annual Gross Receipts" for purposes of this lease shall include all receipts for the sale of any item prepared and/or sold upon the leased premises including food, beverage, catering/banquet and vending sales but DOES NOT include any sales taxes or other like taxes Lessee is obligated to charge for its products or services. Lessee agrees to pay Lessor a monthly rental of $600 for the first eleven (11) months of the lease term. Rent for the twelfth month will be calculated by determining the total twelve month "Annual Gross Receipts", as described above, in this section #5 RENT, and subtracting the sum of $6,600. Monthly rent will increase to $825.00 in year two (2) of the five-year agreement. Under no circumstance shall the Lessee have a rent amount that is less than zero. At the end of the first twelve month term, this rental payment method will continue for each successive twelve month period. In no event during the term of this lease shall monthly rent be less than $250.00. Said payments and documentation shall be delivered to the Office of Accounting and Purchasing, City of Cape Girardeau, City Hall, P.O. Box 617, Cape Girardeau, MO 63702-0617. For the purpose of certification of Annual Gross Sales amounts, Lessee agrees to provide access to all business records and ledgers applicable to the operation of the premises. Such request for financial audit will be permitted by the Lessee no later than 5 business days following such request from the Lessor. Should the terminal building 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 Lessee are reduced during the months of damage, compared to the corresponding calendar months of the immediately preceding year, provided that such damage is in no way proximately caused by the Lessee, its agents or employees. 6. DEPOSIT. Lessor recognizes that Lessee has a deposit on account with Lessor in the amount of $3,000.00 as a guarantee of Lessee's performance of this lease and the timely payment of the rental provided for herein: and in the event Lessee shall fail to pay the rental as provided herein, or otherwise breach this lease, then the Airport Manager may apply such deposit, or any part thereof as may be necessary, to the payment or rental or to the payment of damages for such breach. 7. 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. TERMINATION OF LEASE. Lessee shall be required to give at least thirty (30) days notice of intent to terminate any or all conditions of this lease. Failure of the Lessee to conduct business in excess of three (3) business days, Monday through Friday, without written notice giving reasonable cause of such to Lessor may be considered to be abandonment of the lease premises. Failure by Lessee to give notice shall be considered as abandonment of the lease premises and shall result in termination of the terms of this lease —AND- Lessee shall pay Lessor one (1) month's rent at the highest rate applicable in paragraph 5 of this lease, subject to a minimum of $250.00. 9. REPAIRS AND MAINTENANCE. Lessee shall be responsible for damage to the demised premises resulting from Lessee's use of the premises, ordinary wear and tear excepted, and Lessee shall keep the demised premises in good and safe repair and condition at all times during the term thereof. Lessor shall be responsible for major items such as physical plant equipment and major malfunctions of said equipment and scheduled periodic cleaning of the grease trap. Lessee shall be responsible for all preventative type maintenance expenses, including carpet and upholstery cleaning, and normal maintenance activity which under normal circumstances could be performed by a competent workman employed by the Lessee. Lessor will be responsible for major repairs to equipment for the first ninety (90) days of the lease. After ninety (90) days, Lessee agrees to accept equipment "as is" and will be responsible for all repairs to equipment. Lessee shall be responsible for cleaning restroom facilities during and after banquet/catering events at the airport facility and agrees to clean terminal building lobby area events in preparation for early morning air carrier service. Lessee shall also be responsible for damages to terminal area facilities resulting from improper conduct of its patrons purchasing alcoholic beverages at the restaurant. Lessee shall be responsible, at their sole expense, for proper disposal of all trash and other refuse, including waste oil, caused by its operations under this lease. 10. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions, repairs, or replacements upon the leased premises without the prior written consent of Lessor. Such consent shall not be withheld without reasonable cause. All alterations, additions, repairs, replacements and improvements shall remain the property of Lessor and be surrendered with the leased premises as part thereof upon termination of this lease. 11. 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 the 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. 12. 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, including full payment of the City Restaurant Tax, and that it will not create or permit any nuisance in or upon the leased premises to 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. 13. UTILITIES. Lessee shall pay for all water, gas, electricity, and sewer, telephone or other utility charges associated with the leased premises during the term of this lease. 14. PUBLIC LIABILITY INSURANCE. Lessee agrees to indemnify, defend and hold harmless the Lessor from all claims, actions, suits, and demands because of any bodily injury, including death, and because of damages to property or losses which may arise out of or result from Lessee's operations or use of the demised premises whether such operations or use are by Lessee, its agents, employees or anyone directly or indirectly employed by Lessee. Lessee shall procure and maintain in effect for the term of this Agreement, liability insurance in an amount not less than $300,000.00 for one person and $2,000,000.00 for any one occurrence involving personal injury, death, or property damage. If, however, the State of Missouri raises the liability limits for municipalities contained in Section 537.600 et seq., Revised Statutes of Missouri, or elsewhere, Lessee shall increase its liability insurance to an amount equal to those new limits. On all policies of insurance referred to herein, Lessee shall have Lessor named as an additional insured. 15. INDEMNITY OF LESSOR. Lessee covenants to indemnify and hold lessor harmless against any and all claims arising from the conduct or management of or from any work or thing whatsoever done in or about proper authority during the term of this lease, or arising during said term from any act or negligence of the Lessee or any of its agents, contractors, employees, guests, voluntary help, or invitees, or arising out to any accident, injury, or damage whatsoever, however caused, to any person or persons, or to the property of any person, persons, corporation, or entity, occurring during the term of this lease, on in, or about the leased premises and from and against all costs, counsel fees, expenses, and liabilities incurred in any way as a result of any such claim or any action or proceeding brought against Lessor by reason of any such claim. Lessee, on notice from Lessor, shall resist or defend such action or proceeding by counsel satisfactory to Lessor. The foregoing indemnification shall survive termination of this lease. 16. LESSOR'S LIABILITY. Lessor shall not be liable to Lessee, its agents, contractors, employees, guests, voluntary help, or invitees for any injury or damage caused to any of said persons or their property by reason of water, rain, snow, ice, sleet, fire, storm, Act of God, accidents, or by breakage, stopping or leakage of water, gas heating, air-conditioning, sewer pipes, or plumbing on, about or adjacent to the leased premises, all of which said risks are assumed by Lessee. 17. 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. 18. DAMAGE OR DESTRUCTION OF PREMISES. 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 may, upon 45 days written notice, forthwith terminate this lease, in which event Lessee shall have no further liability or obligation of its activity. 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 shall 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. 19. DEFAULT. If any default shall be made in Lessee's compliance with any term or provision of this lease agreement, then Lessor may at is sole option, upon 30 days written notice, forthwith terminate this lease. Upon such termination of this lease, Lessee shall peacefully surrender possession of the leased premises to Lessor, and all rights of Lessee to the leased premises shall cease and desist. 20. SURRENDER AT END OF TERM. On the last day of the lease term, whether or not accelerated, Lessee shall peaceably 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. 21. 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, addresses to Lessor at: Office of the Airport Manager, Cape Girardeau Regional Airport, P.O. Box 617, Cape Girardeau, MO 63702-0617 and the Lessee at: Pilot House, Inc., 3532 Perryville Road, Cape Girardeau, MO. Either party may designate in writing, a new address to which any such notice, demand, or communication shall thereafter be given. 22. 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 covenants, terms or conditions of this lease relating to assignment or subletting. 23. CONDITION 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 the Lessee accepts the leased premises in their condition at the beginning of the lease term. Lessor reserves the right for Airport Manager and/or Airport Operations Supervisor to inspect premises at any time and without notification. Such inspections will not be performed in a manner that will hinder or impede high impact times of daily operations. 24. DEFINITIONS. Whenever the words "Lessor" or "Lessee" are used herein, they shall be construed to include the successors and assigns in the parties, who shall also be bound by the terms of this lease agreement. 25. GOVERNING LAW. This agreement shall be governed by the law of the State of Missouri. 26. INCLUDED SERVICES. Lessor shall provide parking facilities for use by Lessee's employees and visitors/customers as in integral part of this lease. 27. 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 of 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 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 facilities are construed, maintained, or otherwise operated on the property described in this lease, for the 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 compliance 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, himself, his personal representative, 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) that 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 be subjected to discrimination; (3) that 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 Department of Transportation, and as said Regulations now exist or as they may from time to time be amended. Lessee agrees to furnish service at 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, the Lessee may take reasonable and nondiscriminatory discounts, rebated, or other similar types of price reductions to volume purchases or as is from time to time allowed through various marketing devises. INWITNESS WHEREOF, the parties hereto have duly executed the foregoing agreement and the year first written. ATTEST: Lo Gayle Conrad City Clerk LESSOR: CITY OF CAPE GIRARDEAU, MISSOURI Lo Dr. Kenneth Haskin City Manager LESSEE: By: Pilot House, Inc. Staff: Katrina D. Amos, Airport Manager Agenda: 10/18/2021 SUBJECT An agricultural lease agreement with Larry Eftink Farms at the Cape Girardeau Regional Airport. EXECUTIVE SUMMARY The Cape Girardeau Regional Airport's agricultural leases are written for a five-year term and are advertised publicly near the end of each five year term. The City received two (2) bids with the high bidder, Larry Eftink Farms, owned by Larry Eftink, bidding a rate of $202.22 per acre (for 340 acres), or $68,552.58 annually. The attached, recommended lease agreement with Larry Eftink Farms begins January 1, 2022, and ends December 31, 2026. BACKGROUND/DISCUSSION The City owns approximately 700 acres of land at the Cape Girardeau Regional Airport, of which approximately 340 acres, more or less, are available for land lease as agricultural property. This includes the 61 acres recently purchased in the Northwest Quadrant of the airport. Previously, the City advertised for public bids to anyone interested in fanning the airport property from July 1, 2017 to 2021. This lease was for a slightly shorter term due to early tennination of the lease by the previous Lessee, Spring Hill Fanns, LLC. Bids were opened on July 30, 2021, for a five (5) year lease agreement, January 1, 2022 through December 31, 2026. Two (2) bids were received, with the winning bid provided by Larry Eftink Farms at $202.22 per acre, or $68,552.58 per year, which totals $342,762.90 over the term of the lease period. I a -ILMYLYW r., _ R YM.1 The attached agricultural lease agreement provides revenues of $342,762.90 over the course of the term of the agreement and also alleviates the Airport from the expense of maintaining and mowing this acreage. STAFF RECOMMENDATION It is recommended the City Council approve a resolution authorizing the City Manager to enter into an agreement with Larry Eftink Farms for an agricultural lease terminating December 31, 2026, in the amount of $202.22 per acre, or $68,552.58 annually, in accordance with the attached lease, at the Cape Girardeau Regional Airport. ATTACHMENTS: Name: Description: ❑ Lease Agreement Larry Effink Fams,Abort.doc Resolution ❑ AIRPORT AG LEASE 2022 Revised.pdf 2022 Agricultural Lease ❑ 2021 Dia2mm of Famvng_Tracts DRAFT 3 w narcels.pdf Ag Lease Diagram ❑ 2021 Ag Lease Bid Tabulation 10122021.12d Bid Tabulation BILL NO. 21-156 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH LARRY EFTINK FARMS, AT THE CAPE GIRARDEAU REGIONAL AIRPORT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a five-year agricultural Lease Agreement with Larry Eftink Farms, 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 AGRICULTURAL LEASE This Lease Agreement, made and entered into this day of , 2021, by and between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter referred to as "Lessor", and Larry Eftink Farms, hereinafter referred to as "Lessee", WITNESSETH: In consideration of the rent to be paid by Lessee to Lessor and in further consideration of the mutual promises and conditions herein contained, Lessor and Lessee do hereby make and enter into the following agreements: 1. For period beginning January 1, 2022, and ending December 31, 2026, Lessor shall rent to Lessee all the land shown on Exhibit "A" which is approximately three -hundred forty (340) acres, more or less, except as provided in Paragraph 2A and 2B. 2A. Specifically excluded from the Lease is all land which is used for aeronautical and aeronautical -related purposes including but not limited to, Object Free Areas, all clear zones, instrument landing systems, roadways, runways, aprons, taxiways, parking lots, electrical substations, drainage ditches, sewage disposal facilities and building sites. Also, Lessor does make available to Lessee 10.98 acres of property labeled as "Pyro Area" at no cost to Lessee with the understanding that the crops may be destroyed through activities resulting from the annual air festival. This acreage amount is not included in the total acreage noted in Paragraph 1. Lessor does not represent to Lessee the exact acreage of land which is available for agricultural purposes, and Lessee agrees that he has made, and relied upon his own estimate to the tillable acreage. 2B. It is understood and agreed by and between the parties hereto that some of the leased land noted in Exhibit "A", including, but not limited to Tracts 1, 14, and 8, is prone to flooding. It is also agreed to that it is the responsibility of the Lessee to research and understand which of the leased acreage at the Airport may flood and Lessee acknowledges this consideration was given when preparing his/her bid. The Lessor reserves the right to determine crop row direction and any other necessary adjustments to improve airport storm water drainage. Lessor shall not be responsible for loss of crops resulting from any airport flooding conditions. 3. Lessee may farm the real estate herein leased, and produce crops or agricultural products of any and all kind, with the exception of flooded rice crops, so long as the crops remain less than five (5) feet in height and the growing of the same does not interfere with the safe operation of any and all types of aviation conducted at the Regional Airport, and does not otherwise interfere with the aeronautical facilities for aviation purposes, including crops or field preparation that may be considered as a wildlife attractant. Lessee is required at all times to maintain constant communication via VHF radio with the Air Traffic Control Tower to ensure safe operation of movements for the farm operation with regard to aircraft movements. Lessee shall be responsible for obtaining a two-way VHF transceiver to facilitate this requirement. Any incident found in which the Lessee is not utilizing radio communication with the Control Tower shall be grounds for termination of this lease agreement. 4. It is understood and agreed by and between the parties hereto that no crops may be grown within the runway or taxiway safety areas, or obstacle free areas, nor it such a way as to restrict the line of sight between runways, or cause interference with navigational or visual approach aids, nor may crops be grown on land inside the ditches which are adjacent to the runways and taxiways, or nearer than ten (10) feet from any such ditch, runway, taxiway, road, building, fence or other nonagricultural facility. 5. Lessee agrees to pay to Lessor, during the term of this lease, rental payments in the amount of $202.22 per acre for each calendar year of this agreement for the real estate herein leased equaling a total of $342,762.90 over the five year period. The annual rental payments of $68,552.58 will be payable on the fifth (5t") day of January immediately following the close of each crop year as follows: Crop Year Due Date for Rental Payment 2022 January 5, 2023 2023 January 5, 2024 2024 January 5, 2025 2025 January 5, 2026 2026 January 5, 2027 Lessor may reduce the area to be farmed as shown on Exhibit "A", if it is necessary to do so for the proper operation, marketing, and development of the airport. In the event of a reduction by Lessor of the area to be farmed by Lessee, the rent to be paid by Lessee to Lessor shall be reduced proportionately for the number of acres by which the area is reduced by Lessor. 6. Lessee shall keep and hold harmless Lessor, its employees, agents, servants and assigns from and against any and all claims, demands, suits, judgments, costs and expenses asserted by any person or persons, including agents or employees of Lessee, by reason of death or injury to persons, or loss or damage to property, resulting from Lessee's operations hereunder, or as a result of anything claimed to be done or omitted to be done by Lessee, his agents or employees hereunder. Lessee shall procure and maintain in effect for the term of this lease agreement, liability insurance in an amount not less than $441,130.00 per person and $2,940,868.00 for any one accident involving injury, including death or property damage, to more than one person, plus any increases in those limits as set out in Sec. 537.610 RSMo. Lessee agrees that he will abide by all laws, provisions and requirements of Lessor, the State of Missouri, or the United States Government or any agency thereof, pertaining to the use and operation of said airport. In the event a dispute should arise between the parties hereto as to whether a particular crop or agricultural use made by Lessee is unsafe for aeronautical purposes, the rules and regulations of the Federal Aviation Administration shall be controlling in settling such dispute. Lessee agrees to lease the property subject to FAA regulations which are incorporated herein and made a part hereof. Lessee further agrees not to make any use of the premises which would be harmful to the fertility of the soil. Lessee further agrees not to construct any buildings or improvements upon the leased land. Lessee agrees that he will not maintain any nuisance or unsafe condition which would interfere with the aeronautical use of said premises, and that should any such nuisance or unsafe condition occur, that Lessor has the right to take immediate action without notice to abate the nuisance or unsafe condition. 7. In the event of a breach of any of the covenants or agreements of this Lease, the Lessee shall upon written notice of said breach, remedy the breach, and if said breach shall not be corrected within five (5) days, this Lease may be immediately terminated at the option of Lessor, and Lessor may require Lessee to immediately vacate and relinquish possession of said premises. It shall be sufficient to satisfy the written notice requirement, a. for Lessor to mail a copy of said Notice to Lessee at the following address: PO Box 244 Kelso, MO 63758 by ordinary mail, in which case the said Notice shall be deemed received by Lessee when deposited in the United States mail with postage pre -paid, or b. for Lessor to hand deliver a copy of said Notice to Lessee. 8. Any failure on the part of the Lessor to enforce any term of this lease shall not be construed as a waiver of any future breeches by the Lessee. 9. On the termination of this Lease, for any reason, Lessee shall immediately relinquish peaceable possession of said premises without notice from Lessor, and shall return said premises to Lessor in as good condition as when received. 10. Lessee further covenants and agrees: a. To use the premises for agricultural purposes only. b. To harvest and remove all crops in due season. c. Lessee shall be responsible for mowing and maintaining an area of 10' on all sides of existing drainage ditches, field edges, roads, buildings, fences, and/or other nonagricultural buildings to keep them cleared of weeds and debris, and to restore and maintain adequate field drainage. Lessee shall be responsible for new ditching as required to ensure proper field drainage. This statement does not pertain to Airport storm water drainage. Lessee is only responsible for ditching necessary for in -field agricultural purposes. Lessee shall receive written authorization from Lessor prior to any new ditching of leased property. d. To destroy all noxious weeds and nuisances in compliance with Federal, State and Local law. e. To commit no waste or damage on said premises and to permit none to be done. Lessee has been provided the results of March 28, 2017, soil samples tested by the County Extension Service. Lessee shall also take soil samples to be tested by the County Extension Service prior to the 2020 Crop Year. In both cases, Lessee shall apply lime and fertilizer, as recommended by the County Extension Service based on each test, at Lessee's expense. Lessee will supply the Lessor with a copy of the County Extension Service Soil Testing Report, where necessary, and all receipts of tonnage and form of payment on lime purchases. Such report and receipts shall be submitted to the airport manager's office not later than July 1, 2022, for the 2022 Crop Year, and not later than December 30, 2024, for the 2025 Crop Year. g. The Lessee will be responsible for property taxes assessed by the County on the leasehold interest value of the lease. h. Lessee further agrees that no burning of crop stubble will be conducted on the premises without prior written approval of the Lessor. Lessee will be responsible for spraying fence -rows at least annually, or at any other time when requested by the airport manager, to maintain said fence rows free from noxious weeds and brush. Lessee will provide the labor, chemicals and equipment necessary to spray the fence -rows. During planting and harvesting season, Lessee will be responsible for removing any equipment brought onto the leased property for agricultural use in a timely manner, not to exceed ten (10) days. Any and all equipment shall be removed from airport property at least three days prior to any airport event. When out of the planting & harvesting season, no agricultural equipment shall be stored on airport property. 11. Lessee takes possession of the leased premises and performs the services to be rendered as an independent contractor, subject to the usual hazards of operating a farm, and assumes all risks of injury or damage in pursuance of his farming the land herein leased. 12. Lessor covenants that the Lessee shall peaceably hold and enjoy said premises during said term without interruption by Lessor, or any person rightfully claiming under him, except as herein provided. 13. This lease shall not be assignable nor any part of the premises sublet by Lessee without the prior written consent of Lessor. Lessee, under the terms of this agreement, agrees to cooperate with Lessor in making available to Lessor and future Lessees during the fall of the last year of this lease, those portions of the leased premises where crops have been harvested so that future Lessees can prepare for planting that land not used by this Lessee for crops. 14. The Lessor may also negotiate with the Lessee for any special services, such as land preparation for special events, not otherwise covered by other terms of this Lease. 15. Lessor shall have the landlord's lien provided by law as security for the rental herein specified, and if the Lessee shall fail to cultivate said premises as herein agreed, or shall fail, in the sole determination of Lessor, to keep any of the other covenants in this Lease contained, Lessor, at the Lessor's election, may terminate this lease. This lien shall cover crops on the land herein leased being located in Section 34, 35, 36 Township 30 North, Range 13 East, Fifth Principal Meridian in Scott County, Missouri. In the event of a bankruptcy filing for or against Lessee, Lessee shall consider this lien a priority claim. This Lease shall be binding upon the parties hereto, their executors, administrators, heirs, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto caused this instrument to be executed on the day and year first above written. CITY OF CAPE GIRARDEAU, MISSOURI ATTEST: City Clerk ATTEST: CITYO CAPS - o =, < -i anancau P,o T Cape Girardeau Regional Airport Ag Lease Tracts �o Farming Tracts Non -Farming Tracts o 1,000 2,000 Feet 1:14,511 Created by: Development Services CITY Of CAPE GIRARDEAU N Teresa Heffner, Alliance Water Resources L,ye,,pra-idedbyiyecdyrc,pe Gir""" are "be used Cor visual aid only Date: 312412021 end — roe gee�a —d be bee«ee. W*2 Data Soume(s): Thee¢ h,— ar -11obee sed Tor Any City of Cape Girardeau Govemment, MO ensu—m,g.,design p�,—. S Coordinate System: NAD 1983 StatePlane Missouri East FIPS 2401 Feet 2021 Agricultural Lease Bid Tabulation BID DEADLINE JULY 30TH AT 3PM VIA NEGOMETRIX Attended Mandatory Insurance info Bidder Pre -Bid Verifed Price Per Acre 5 -year total MJB FARMS YES Notes $ I92.50 $ 326,287.50 LARRY £FTINK YES YES $ 202.22 $ 342,762.90 HIGH BIDDER BIDS OPENED AND VERIFIED BY: Katrina D. Amos, Ai or Manager VAULT UNLOCKED: 3:47PM , SIGN TURF BATE Staff: Doug Gannon, Parks and Recreation Director Agenda: 10/18/2021 SUBJECT Approval of the amendment to the Bylaws of the Cape Girardeau Parks & Recreation Foundation, Article III. 3 titled, Number of Directors; Qualifications. EXECUTIVE SUMMARY On July 15, 2021, the Cape Girardeau Parks & Recreation Foundation Board of Directors voted and approved to amend Article III, Section 3 of the Cape Girardeau Parks & Recreation Foundation Bylaws to expand the number of Board of Directors Members from 12 to 15. In compliance with the Bylaws under Article III, the City Council must approve the foundation board approved amendment for it to become effective. The Parks and Recreation Foundation Board of Directors is seeking that approval at the October 18, City Council meeting so they can move forward with the process to elect three new board members by majority vote at their Annual January Board Meeting. BACKGROUND/DISCUSSION Expansion of the Cape Girardeau Parks & Recreation Foundation Bylaws is needed to provide more board members support for an increased number of fundraising events, sub -committees, and to pursue other fundraising opportunities. STAFF RECOMMENDATION Parks and Recreation Department staff recommends City Council to approve, by Motion, the amendment to the Bylaws of the Cape Girardeau Parks & Recreation Foundation, Article III. 3. titledXumber of Directors; Qualifications. BOARD OR COMMISSION RECOMMENDATION Attached is a letter from Bari Neff, Foundation President in request of this approval with reasons for expansion of the Board. ATTACHMENTS: Name: Description: D Parks Foundation Letter to City Council 10-12-21.pdf Parks Foundation request letter Ego GAPS E G IRAIRDEAU 1RkRKS1,13a & RECREA1101N MUN DATIICIN To: City 0a un ail Data: 10J1 a /202:1 From: Bari Neff, F resident Parki and Reineal ion Na uncia ion Cit y Counail Me rn k e ns, N ),IIra me is Bari ' ef].1I ave proudly and aclivelyiamied on ou Farl,san(I Recreation Foundation Board ilor many )lea s. I arr cunre ntl}I servin fl as F resident. During ouu July :I.`I, a 021 Board Meei irg we clisaussed - I e need ilon expandin €I our noundal ion Boaiid-Ira rntwo Ive(12)10-lifeen(15)memters.V6aasabeand unanint auslya Ire ed ii was -irne1a exilan(I. CVerthe Iasi Jen (10)years, wekave gatie from one (1)sutcammi Eeto'l0ur(4) itil aommiitaes. Vie ha�ie alga added an at tin dance olPR Uenls incl AOUrdal ior Fundraisers 100l111 Calerda i.The boi ani line is I ataunaurnent board members are spread chin. VIe need rnone "I(Iats on 11'egraund"tokae01:1e rnaFit enttin 8oing. Waaonding 1 o our curre tit I )Ilaws, we need youn approval to (i)ina nd -Irarn a Lir aurneni iwehie (1: ) boas d members 1011iflae r (15) boaiid members. la I e cle ar, we would Be 10 acid _ n (I ne I aand members. I am )AUL Ian nraval. Playflull}I, 5 I Eari He 1111 F anH:iii and F ecreai ion Foundation Staff: Ryan Shrimplin, AICP - City Planner Agenda: 10/18/2021 SUBJECT An Ordinance authorizing the Mayor to execute a Quit Claim Deed to Off The Reservation, LLC, for property located on Camp Davis Lane, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance authorizes the Mayor to execute a Quit Claim Deed to release the City's interest in a Permanent Sanitary Sewer Easement on property located on Camp Davis Lane. BACKGROUND/DISCUSSION In 2016, the City accepted a Permanent Sanitary Sewer Easement from Off The Reservation, LLC, for property located on Camp Davis Lane. The easement was intended to cover a new sanitary sewer main also being accepted by the City. It has come to staff s attention the easement contains an error in the legal description resulting in the easement being in a different location than the main. The attached ordinance authorizes the Mayor to execute a Quit Claim Deed to release the City's interest in the easement. A new easement containing the correct legal description was prepared by staff and executed by Off The Reservation, LLC. An ordinance accepting the new easement is on this agenda as a separate item. STAFF RECOMMENDATION Staff recommends approval of the ordinance authorizing the Mayor to execute the Quit Claim Deed. Name: 0 Ord authorizine Ouit Claim Deed CarM Davis_Lane.doc © OCD - City to Off The Reservation LLC - _Cam Davis _Lane _(Release _of Old_Easenent).pdf Description: Ordinance Quit Claim Deed - City to Off The Reservation, LLC (Permanent Sanitary Sewer Easement) BILL NO. 21-157 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO OFF THE RESERVATION, LLC, FOR PROPERTY LOCATED ON CAMP DAVIS LANE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The Mayor, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Quit Claim Deed to Off The Reservation, LLC, for property located on Camp Davis Lane, in the City of Cape Girardeau, Missouri, more particularly described as follows: A Permanent Sanitary Sewer Easement recorded in Document Number 2016-06082 in the land records of Cape Girardeau County, Missouri, as described as follows: THAT PART OF SECTION 23, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at the Northwest corner of Lot 45 of Walden Park Phase 3, a subdivision on file in the Land Records of Cape Girardeau County in Document Number 2013-09267; thence South 88°36135 West, 51.08 feet; thence North 75049114" West, 198.45 feet; thence North 50014'55" West, 381.19 feet; thence North 39°45'05" East, 20.00 feet; thence South 50014155" East, 376.65 feet; thence South 75049114" East, 265.69 feet; thence South 88°36'35" West, 23.43 feet to the point of beginning and containing 12,220 square feet, more or less. SUBJECT TO ALL EASEMENTS, RIGHTS OF WAY, RESTRICTIONS AND LICENSES AFFECTING THE SAME, EITHER WRITTEN OR IMPLIED. ARTICLE 2. 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 QUIT CLAIM DEED THIS QUIT CLAIM DEED is made this day of 12021, between the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation of the State of Missouri (the "Grantor"), and OFF THE RESERVATION, LLC, a Missouri Limited Liability Company, 429 North Broadview Street, Cape Girardeau, Missouri 63701, with its principal office in the City and County of Cape Girardeau, State of Missouri (the "Grantee"). WITNESSETH, that the Grantor, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, to it paid by the Grantee, the receipt whereof is hereby acknowledged, does by these presents, Remise, Release and forever Quit Claim, unto the Grantee, the following described Lots, Tracts or Parcels of land, lying and being situate in the City and County of Cape Girardeau and State of Missouri, to -wit: A Permanent Sanitary Sewer Easement recorded in Document Number 2016- 06082 in the land records of Cape Girardeau County, Missouri, as described as follows: THAT PART OF SECTION 23, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at the Northwest corner of Lot 45 of Walden Park Phase 3, a subdivision on file in the Land Records of Cape Girardeau County in Document Number 2013- 09267; thence South 88°36'35 West, 51.08 feet; thence North 75°49'14" West, 198.45 feet; thence North 50°14'55" West, 381.19 feet; thence North 39°45'05" East, 20.00 feet; thence South 50°14'55" East, 376.65 feet; thence South 75°49'14" East, 265.69 feet; thence South 88°36'35" West, 23.43 feet to the point of beginning and containing 12,220 square feet, more or less. TO HAVE AND TO HOLD the same, with all the rights, immunities, privileges and appurtenances thereto belonging, unto the Grantee, and its successors and assigns, FOREVER, so that neither the Grantor, nor its successors and assigns, nor any other person or persons for it or in its name or behalf, shall or will hereafter claim or demand any right or title to the aforesaid premises or any part thereof, but they and every one of them shall, by these presents, be excluded and forever barred. date. IN WITNESS WHEREOF, the Grantor has executed this Quit Claim Deed on the above (Signatures on following page) CITY OF CAPE GIRARDEAU, MISSOURI Robert G. Fox, a.k.a. Bob Fox, Mayor ATTEST: City Clerk STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, that on this day of , 2021, before me, the undersigned notary public, personally appeared Robert G. Fox, a.k.a. Bob Fox, Mayor 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 WITNESS 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 My Commission Expires: Staff: Ryan Shrimplin, AICP - City Planner Agenda: 10/18/2021 SUBJECT An Ordinance accepting a Permanent Sanitary Sewer Easement from Off The Reservation, LLC, for property located on Camp Davis Lane, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance accepts a Permanent Sanitary Sewer Easement for an existing sanitary sewer main on Camp Davis Lane. BACKGROUND/DISCUSSION In 2016, the City accepted a Permanent Sanitary Sewer Easement from Off The Reservation, LLC, for property located on Camp Davis Lane. The easement was intended to cover a new sanitary sewer main also being accepted by the City. It has come to staff s attention the easement contains an error in the legal description resulting in the easement being in a different location than the main. A new easement containing the correct legal description was prepared by staff and executed by Off The Reservation, LLC. The new easement is attached. An ordinance authorizing the Mayor to execute a Quit Claim Deed to release the existing easement is on this agenda as a separate item. STAFF RECOMMENDATION Staff recommends approval of the ordinance accepting the easement. ATTACHMENTS: Name: Description: 0 PSSE Can Davis lane.doc Ordinance © PSSE-_Off _The _Reservation �LLC to City - CM Davis Lane - Permanent Sanitary Sewer Easement - Off The Reservation, LLC Executed.pdf (Camp Dads Lane) BILL NO. 21-158 ORDINANCE NO. AN ORDINANCE ACCEPTING A PERMANENT SANITARY SEWER EASEMENT FROM OFF THE RESERVATION, LLC, FOR PROPERTY LOCATED ON CAMP DAVIS LANE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby accepts, and agrees to accept, a Permanent Sanitary Sewer Easement from Off The Reservation, LLC, for property located on Camp Davis Lane, in the City of Cape Girardeau, Missouri, described as follows: A STRIP OF LAND 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: A PART OF UNITED STATES PRIVATE SURVEY NO. 3314, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER TO SECTION 22, SAID POINT BEING ON THE WEST LINE OF USPS 3314; THENCE N 880 46' 35" E, 661.70 FEET ALONG THE NORTH LINE OF DOCUMENT NO. 2015-09209 TO A 1/2" IRON PIN (FOUND); THENCE S 010 33' 12" E, 103.33 FEET TO THE POINT OF BEGINNING: THENCE S 740 43' 31" E, 31.65 FEET; THENCE S 500 48' 15" E, 367.79 FEET; THENCE S 750 11' 42" E, 217.76 FEET TO THE NORTH LINE OF WALDEN PARK PHASE 3 AS RECORDED IN PLAT BOOK NO. 2013-02032 AND THERE TERMINATING. ARTICLE 2. 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 PERMANENT SA NITARY SEWER F ASEMENT KINOW ALII PERSONS EY 'IIHBSE PRESEINTIS: OFF THB RESERIVATIION, LAIC, a Missouri Limit& Liability CcimparN, for and in cionsiderzitiar of thea sum of Ones I]callar (1$0.00) and crther gaac and valuablca consideration, the vacaipt wt.areaf is heiiaby acicnowlacgod, does by these presents, Grant, E aaigain, Scalll and ConveN to the City of Capa Girardeau, Missciuri, a Meir icipal C orf aaiatiar.i, I careiir.iaftcar rcafarred to as the "City", thea righl, privillage, f cirmission, and autl arity to anter on and upcan thea fallowing described prafarty, whaiah is scalely cawncic t.y the undersignac anc laaatad it 11 a C ity and Cciurly of Cafa Girardeau, Slates of Missouri, to wil: A S'IIRIP OF LAND X1.00 FENT WIDE, LYING 1(1.00 FENT ON EACH SIim OF THE FOIJILIOWIING DBSC RIBD1:1 CENTDRLINE: A PARE➢ OF UNITIEU STATES PRIVATE SURIVEY NO. 33'14, TOWNSHIP 31 NCIRIlH, RANGE 13 HAST OF THE F ]IF`IH PRINCIPAL MERIIDIAN, CIAY AND CCIUNTY OF CAPE GIRARDEAU, STATH OF MISSOURI EBING MCIRE PARIIICULARILY DIE SCRIBE DI AS FOIJIIICIWIS: COMMENCING AT TUB EA ST QUA RITBR CORI ERI ACI SHCT]ION Ohl, SA ID PCIINT BEINC ON 'IHB WEST! IIINE CIF USPS =1312 ; TRENCH N 88'4('35" E, 66111(l FRET AEICING THE NORITH LINE OF DOCUMENT NO. 201-4 - 09209 710 A Ul" IRC IN PIN 11FOUNI3); THENCE S CI 1 ° 33' 1.T' E, 10-1`1 FENT TO THE POINT OF BE GINNING: TRENCH S 740 z _T31" H, -"I 11.(fl FBETI; THEINC H S `I(10 4 F!' 115" E, 3E � .79 FEBTI; lHENCH S 75` 11' 42" B, 21 i .7 ( FBBT ACI THE NORTH LINE OF 'WIAHDIHN PARK PHASE 3 AS REC ORUED IN PLIATI BOOK NCI. 201-I-02032 AND THBRB IIERMINAIIING. Said right, priNiilaga, pertriissicar, aric authority to enler an and upon the abcava dcascaribed proparty is gaiantac for lha puipca9iea of enabling tt.ea City asi wall as its agents, scarvants, and assigns to use said fraparty to exaavala, build, caonstrucl, opcmatca, triainlain, and rcapair sanitary sewer improvetricants it , on, Lipari, or acaross said f rcaf arty, togcalher Witt. alll cif the a scaft 1, naaessary, and propar adjuncrts, appuriananaas, and appliancasi in aonnocrticar thcmewith. This ciascment enc tt.ca riglht, privilciga, permis:iicar, and authorily harairi grayilad are parpelual and shawl rur with thea lark. 71fa undersigned covanaWs lt.at lhay arca thea cawrcar in fae sirriplca of the abcava dcasanibed f roparty and hava the lagal right to convoy 1I a satvca. IN WIITNESS WHEREOF, the undersigncac has excacautud tf is caascamcant ori this day of S t p�e r kr , 20211. OFF THE RESERVATION, IILC ShaSha� Davis, Manaaar SI -BA T E OF f V 1 1 55 tJ V i( I SS. CC UNTY OF C(A Cr this ?q44—day of c jj ea4-It m bel , 2(121, personally appoared befaru me, Slannon Davis, Manager cif OFF THE RESERVATION, LILC, a Missouri Lilmited Lliab;lily ComparN, to me known Vca be the person cescrillad in and who axeaLitec thea foregaiing instrumcant, arc aaknowledgcac that ha exacutad 1he same as thea frau aat and ccaed cif said Lim itad Liability Clcampary for thea purposas thureir stailad. IN TE STIMUN Y WHEREOF, I hava haraunto sed mal I and ar c affixcac my offaial seal in said Stata ar c CountN, the data frasil all ava wr. iltcar . CAVA Al. hOFFMANN ✓ Nail ary f ublic • Notar) seal Cape Cirardeau county • Siaae of Nissouri Comminian Number 1.il9000C1 �itt1 �.�-p Nalary Public Hyl commisdon Expire$Alpr 2, 1029 My Commission Expircas: q 14 Staff: Ryan Shrimplin, AICP - City Planner Agenda: 10/18/2021 SUBJECT An Ordinance approving the record plat of LifeHouse Subdivision. EXECUTIVE SUMMARY The attached ordinance approves a record plat for a one -lot subdivision, located at 475, 535, and 537 North Main Street and 104 Park Drive. BACKGROUND/DISCUSSION A record plat has been submitted for LifeHouse Subdivision, located at 475, 535, and 537 North Main Street and 104 Park Drive. The area within the proposed subdivision is zoned CBD (Central Business District) and R- 4 (Medium Density Multifamily Residential District). The plat combines several lots and tracts to form one new lot. The plat shows an exception for the omission of the required 10 foot utility easement along the rear lot line of Lot 1. Staff supports the exception because there are no existing or proposed utilities in the area where the easement is required. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the record plat. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its May 12, 2021 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-LifeHouse Subdivision.doc Ordinance D Staff Review Referral Action Formndf LifeHouse SubdiHsion - Staff RRA Form D Map-_Lifehouse Subdivision.ndf LifeHouse Subdi\ision - Map D Application - Lifehouse Subdivision.pdf LifeHouse SubdiHsion - Application D 37953 - Lifehouse - Plat - Revision IVndf LifeHouse Subdi\ision - Record Plat BILL NO. 21-159 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF LIFEHOUSE SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of LifeHouse Subdivision, being part of Lot 4 and all of Lots 5 and 6 in Block 1, all of Block 2, and all of Lots 1, 4, 5, and 6 in Block 3 of Ranney Place, a subdivision on file in the land records of Cape Girardeau County, Missouri in Plat Book 3 at Page 22, and the adjacent vacated alleys and rights-of-way on file in the land records of Cape Girardeau Country, Missouri in Deed Book 453 at Page 861, Deed Book 453 at Page 864, and Document Number 2021-12720, all in the City and County of Cape Girardeau, State of Missouri, submitted by Catholic Charities of Southern Missouri, Inc., a Missouri Nonprofit Corporation, bearing the certification of Christopher L. Koehler, a Registered Land Surveyor, dated the 22nd day of September, 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 GIRARDEA U, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Lifebouse Subdivision LOCATION: Northeast Corner of North Spanish Street and Park Drive STAFF REVTi EW & COMMENTS: A record plat has been submitted to combine several lots into one (1) new lot at the northeast comer ofNorth Spanish Street and Park Drive. SEE STAFF REPORT FOR MORE DETAILS. City Pl one -5-1312- j Date , City At6cuey Date City Manager AND ZONING COMMISSION: Planning & Zoning Commission RECOMMENDED ACTION: ❑ ❑ ❑ Ed Thompson I~av r Oppose Abstain Scott Blank A ❑ ❑ ❑ Ll Devin Greaser L ❑ ❑ Derek Jackson Cly ❑ ❑ Patrick Koetting L ❑ ❑ Nick Martin L ❑ ❑ VOTE COUNT: Favor f•n VAIfFAJTr CITIZENS COMMENTING AT MEETING: � f c: Date Favor Oppose Abstain Melissa Stickel ❑ ❑ ❑ Ed Thompson D ❑ ❑ Sid Whittington a( ❑ ❑ Deborah Young A ❑ ❑ Oppose Abstain atrick Koetting Planning & Zoning Comrnission Secretary City Council Action Ordinance I' Reading Ordinance 2"d & 3rd Reading: ORDINANCE # Effective Tate: f, E r P LIFEHOUSE SUBDIVISION 428 540 • 45 43 • 541 • a 539 g 5-1 407 a4 '�r 475 40 447 4479447 t al _ 204 104 435 •102 435 • N �— _ — f PARK 103 - - • -- - _ CITYOf CAPE A G I R A R D E A U 3 4 Created by: Development Services • Legend Carol Peters - Q Lifehouse Subdivision 0 April 22, 2021 -� r _; ` Parcels 0 30 60 120Feet Street Centerlines I I I 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 Lifehauseit ❑ Boundary Adjustment ❑ Preliminary 0 Record Applicant Property Owner of Record (if other than Applicant) Catholic Chanties of Southern Missouri Mailing Address City, State, Zip Mailing Address City, State, Zip 424 Cast Monastery Street. Springfield, Mo 65807 Telephone Email Telephone Email 417-720-4213 mtaylor@ccsorno.org Contact Person (If Applicant is a Business or Organization) (Attach additional owners information, if necessary) Maura Taylor Professional Engineer/Surveyor (if other than Applicant) Developer (if other than Applicant) Chris Koehler Mailing Address City, State, Zip Mailing Address City, State, Zip 194 Coker Lane Cape Girardeau, MO 63701 Telephone Email Telephone Email (573) 335-3026 ckoehler@koehlerengineering.com ADDITIONAL ITEMS In addition to this completed application form, the following items roust be submitted: REQUIRED .K' 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 : $20.00 ,per acre ($].00.00 minimum) information, Recording Fee Deposit (payable to City of Cape Girardeau) Sheet Size Record Plat BoundaT-y 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 additionaf 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 i--.itypianningL@ci ofca e.or 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, Thereby certify that I have, ti ' the Pr petty Ownerls) of Record crib the developer of these requirements, pii sdgnature and �rinted i! Date OFFICE USE ONLY Date Received & By -4 4 File #i_- ^ MUNIS Application #1 Lp 1 _ MUNiS Permit # Review Fee Received $ Recording Fee Received $ 0 Check # 16 Credit Card ❑ Cash Preliminary and Record Plats: Planning '& Zoning Commission Recommendation Date City Council Final Action Date Revised 12/06/2019 CITY OF CAPE GIRARDEAU SUBDIVISION PIAT APPLiCATION INSTRUCTIONS preliminary plats (required for phased subdivisions) and record plats are subject to the subdivision plat process, which consists of reviews by the My staff, the Planning and Zoning Commission, and the City Council. Boundary adjustment plats do not go through the subdivision plat process. instead, they are reviewed by staff only and if approved, staff submits the plat prints to the Cape Girardeau County Recorder of Deeds Office for recording. A boundary adjustment plat cannot create additional lots, reduce existing lots below the required minimum size, or change easement or utility fines. Applicants who are unsure of which type of plat they need to submit or who have other questions should contact; City of Cape Girardeau Planning Services DIvision 401 Independence Street Cape Girardeau, MO 63703 (573) 339-6327 Cri.Y�.li�rl�9llle�la'.y�V'+:ili7[J�.Wf;S For preliminary plats and record plats, the application deadline is four (4) weeks prior to the Planning and Zoning Commission meeting date, The Commission meets monthly on the second Wednesday. Applications must be delivered to the planning Services Division using the above contact information. City staff will review each application for completeness. If required information and/or Items are missing, the applicant will be contacted. Incomplete applications will not be reviewed until' the requested Information and/or items are provided. Once an application has been deemed complete, It will be placed on the next Planning and Zoning Commission agenda. Staff will review the plat for compliance with the subdivision plat requirements (see attached) as well as the City's zoning and subdivision regulations. If a resubmission is necessary, a staff review letter will be prepared and sent to the applicant. The resubmission and review process continues until all staff comments have been successfully addressed and the plat is in its final farm. A staff report will be prepared and delivered to the Planning and Zoning Commission one (1) week prior to the meeting, The staff report, along with the meeting agenda, will also be delivered to the applicant. The staff report will contain one of the following recommendations: a) approval of the plat; b) approval of the plat, subject to staff's comments being successfully addressed; c) denial of the plat; or d) action on the plat be tabled (postponed). If the plat 'is not in its final form by this time, the staff report will recommend b, c, or d. At the meeting, the Planning and Zoning Commission will review the plat and make a recommendation to the City Council, The applicant ortheir representative must attend the meeting to answer any questions regarding the plat. A plat must be in its final form in carder to be reviewed by the City Council. It is the applicant's responsibility to be informed as to the status of the plat and to address any issues affecting the review schedule. Once staff has determined that a plat is in its final form, the applicant will be notified to submit a digital file of the plat in .dxf format and the requisite number of prints. Each print must be signed and sealed by the professional surveyor and, in the case of a record plat, contain the notarized signature of each Property Owner of Record. The deadline for submitting prints is one (1) week prior to the Council meeting. If the subdivision created by the plat involves new public improvements (such as water or sanitary sewer mains, streets, street lights, or sidewatks), then those improvements must be completely installed and ready for acceptance by the City and/or covered under a performance guarantee agreement in accordance with the City's Code of Ordinances before the City Council reviews the plat. The City Council will vote on a motion to approve the plat. Preliminary plats are approved by motion and do not go on to the next Council meeting. Record plats are approved by ordinance and must receive approval of the first reading at one meeting and approval of the second and third readings at the next meeting. If approved, the plat prints will be slgned by the City Clerk, who will also affix the City seal to them. For a preliminary plat, the developer may then proceed with the submission of the record plat for the first phase of the subdivision. For a record plat, the City Clerk will wait until the mandatory ten (10) day waiting period for ordinances has passed before signing and sealing the prints. Staff will then submit the plat prints to the Cape Girardeau County Recorder of Deeds Office for recording. Staff will notify the applicant when their copy of the recorded plat is ready for pick-up. Revised 12/06/2019 Clily of Cape Girardeau Sill, Hdivisialn MetRequiremeii N INIMIIM REI UI RIEMENTS FOR RECO RD PLATS — CIOMFILETI9 CHE CIKLIS'I A ND STUB N Ill WIT_ H AFIIFILIC"T'ON (First c oilua r of cHE ck tl axes ,is j Citi prcfe ssdor all a nc liti a er/sury E yci r; secic lnd ciciilu mr is for ( it) stcft) NAME OF SUEIC IVISIIOIN: LifeiHc use 9 ❑ !1111!izE-118")214",24"x24",or214"x216' RI ❑ Whitc iktlrciLrid wiihblaakte)tant glraphic!; greiyscalE eillcmcic; rio c I he i cclors 0 ❑ Bc tic elr nectar g ulan, Salic lir els) 0C 1iileblack •indLdElnamei,accrit!!,aricpEcincnumtarcifcon! LltEntpnEiparin€1iii plat; inCIL CEta>ifar orlina]issue c i anc at IElasi 3 rE vision iSSL el C atEls 0 ❑ Sihco nurrbeu,ifpllatcorishtsofrrcrErtflar cmeieat 0 ❑ Flat IHle• Icicaiec alttlatcip af I hei sh Elet, piieileial: ly car leliiec; be€ir with "RECICIFC PILAi",; ramE carinoi bea cupllicail eoi an a> i! ting) sub civ ision in 01 ei cciurity or b e€Tin with "A RESIUBDIVISIC N OF" C] CI DElscripi ficin b air elath plali 1 itlel •• ill existiri€I pllaticic lots atic it voivEid, tElgir w if h "ALL CIF" or "PAF 1IC F" as ap pllicab lel; irlclt dE E lack NL rr ben if air Flicablei; it cit da Eloak ant Fa0EI cm Cloci, ment NL mbeu of eixi! ling) plat; iniclLc i vacalat rig ht•oi-way/alls� if app licabler, Einc wiil h "IN iIF E CITY AND COUNTY OF CAF 8 GiFARDE AIL, MiSSIC L F I" 0 C REferer cels list all c Eiecs, p IatS, SElpaiiatel eiasemEint inslnu meant!, Etc. Lsec it plrEiparirig the p last; inCIL C El 9ocik a nc F aglEi ar Dciau mEint Nu rrl t ar fc r ( ach, if recorc ec C+] ❑ NontH arlicwwithbasisofbeanings 0 ❑ Gnap hic scalEr-1:1CIC1 or leis!; must bet a rriL 11iPIC C SIC D ❑ ti iciriity rriap - lir es or ly 11rlo imE gesj; a 11 nea rill sd aeEits ar d n ijcui streiais lab eilec; ! 11 a iabE led; inclut ei Nartl' aniow ant "NTS" c "NC T10 SCALE" 0 ❑ Leger d - list iloL r d mor L crier is firat, is Iloweic by set rr c nu rr eir 1 fcllew Etc b y: "SL E C IL ISION BOLIN C AR) LINE", "NEW LOT I INE" ar d/or "LCT LIN E TO BE ELIMINAIIECI" as app Iica cls, "E} ISiIING EASE IV ENT LINE" anc/or "NEW EASEMENT LIN E" as a p pllicat Is, "13UILDINCI SIE I BACK LIP E", "ADJACIENT F RC PEFTY I IP E", "RIGHT -OF. WAY LINE", "CEN TE F I IP E", c thein sy mbols as air p licatt Is 12I ❑ Cunl e tablEl grid/or fir EI tart le, if r Eces! ary - it OILdei L nit sy mbol! for c 1! lar ces/leingtli a G ❑ SLbcivisicn bcLncairy aric inteirr al HnEv aceunalelti crawrlant labellec with beating ardcistarlcEiorrelfereinlcec to curvEi taili irie tab le 0 ❑ Secticn/tcwrship/rangelinusaccurlalelydram rardlab eilec C ❑ AdjacertparcEillinc! acciluraliCiiawn E ❑ 9Lbciv1jicnl bauncairy air d inteirr a I lol! chEickeid fan cicsure D ❑ EacH prop osE d lot IabelEld with lat r Lmbeir anlc alrEia Eixp rEi!! sic In sq Liam feet arc act( s D ❑ All parcels v,iiihiri alms ,adjaceni 1 e ti -e subs ivisior i rdar� Iailet with Iiecorc ow nein name a nt Baok E r d Pagel or Dc current Nu mt er llor c eEid 0 ❑ All existing p latiec lois witH it ar c ac,jacEint is tH a sub c h isic n boL nc ary h li w li h SL bt iv!sic n r ame ant Elcok anic Paile c r DC>CLmerit NumbEir fcm pial ❑ All existir g Eta seiner tsc wltH iri tH E suit dig isic n b cu rid any IabellEid as er istingl; irlclLde type of ea< Sri iJwai er, semen, L iility, access, ei c.); iriclL c e E ciok and Flags or Dc cumeint Nu int air, if reicorc ac 0 ❑ All nElw fuse rrei its with it the sub Cis isic n tl our cavy labs IE d w °N EW _' UTILITY BASEMENT" L riless eiaseimer t i! for a nein L i ilii y p u rp osei (SL cH as a CCEISS) �� ❑ All build iniasel back lines wit hin til- a SL be ivisior li nc airy lab elec; ir.cluce ci th 0 ❑ All ni€1ht •.ol-w ay with in and a c,jacEint tc th a su li I! is n bciur c ary lat eleld with stuset r amEi lar labaled as alley if appllica b le) anc night-af-way wictli 0 ❑ All pn ivata s treiel s w ii hint ant ac jacerlt tc 1 he su b c ivision b oL ridary lab elec witf ! trelei riarra fcillc wEle by " QPRIh ATE Si REI i )" an( i how n wii:hin ar acc(i! ! eaSflri 115C fC at Eta! E rr air t width it nEtw; D ❑ Notes: • Zanir g - iriciL c e zorlini€l district narrie, rr inimum Iet ar( a, rr iriirr um lot w ici rr aximum c Elnsity if arpplicat le, ar d sE 1 backs; if zor inig c i; trict H as c ifferenit si ar d and s basec c n Nirid u i e ty pei, Inc IL clEl all stant arc s and state thea p rc p osE d usel tN pEli • I of • iriclUC EI tot al nu rr bElli cf kits, largeist lot arum, ! rriallesi It t ariea, alne I of al sute ivisior) arEla; include p roposE d ( einsity For Ileisic Elntial !iubcivisic rs) Revist (1 12, IC (/2019 MIN IML M REQUUIREMENIIS FC FI F ECIOFID A LAILI 1CCNTINL ED • Vaniar i, if apFllicablEi - bEigiri with "A% AS IANaE IS SF OWN FOR" fallawud by "A REIDL CISD LOT AREA FOR LOT_", "A RHC UCSD LOII WIDTH FOR I (111 _", oa "Al REDUCED Y ARD !18TBACK ALONG lh 8 LOT LINES OF LOT _", as iiplpllicab lei • 11i ptiori, if aippllicable - begin with "AN EXCERTION IS SHOW N FOS" lollawcic by "THEI OMISSICIN C F lIF E REQUIRED 10 FOOT UTILITY 11i ENT ALON G 11HE l Clll l INE OF 1012 cni "A REIEIL CISD UTILITY ElASON ENT W IDTF ALONG THE LCT LIN E CIF LOT_', as i plplicable • Flc oc plain - beglin w iih "A POF111ION OA IIF E RRORERTY RAILLS WAIF IN" an "N 0 PORTION OF 71- E RRIORERT) FALLS W IIIF IN", as applicable; if referencin€I a zanic c esiglnation, si atEi what 1112t designal lan means El ❑ Lim each nE cand owner name zinc Elaak anic PaBE1 an Docu rmir 1 N c rrift fcm dEiec, riame aric adc nE <s of plariy farm horri 1 he plat wasprEiplaiec, name anc acdressOil canSdiantthai plEirfanmec the 9urvEiyanc plrEipanec ihEli i 0 ❑ SLbOvision DEidicaiian: 41 Ele€lin with "11F 8 UN E BRSIICIN 8D," flolki ie by thlEi ow ries riarrels) E s siaiec iri the currEini c eEid(s); includes "F USIBAND AND WIFE," i1 applicakie; include "A Qimeri stiite r zi UNITED LIA811I11Y CIOMFANN," an "A [iriseni stzte rian i) COIRROFATION," if aplFllicabla; fcllawec k y "OWNER OF" c r "OINN N BRS OF" arc a descnipiicini matchimRtH a deiscripiicini b eneai h th eplat titlE, lolioA ec b) "CION 11AINING , SQUARE FEE 11( ACIR91 MORE OR LP.'IS, BEING M OF 0 RARTICULARLN DESCRIBED AS FO 1-11 :'; fallawEd by aiEElal dEisciiptian oil tHEl taial sub div isiari ariE8;110110wec tN "HEIRIEEIN' S L SIDIVIDE" air "HEROBY SIL BDiVII10"; 'lallawec by "STAID TRACT INTO AS SIF OWN F E RIEON, WHICH IS A IIRU9 AND OORRECT REPRESENTATION CIF SAID SUBDIVISION, WHICH IS HOF BEY NAMED_ " • NEnw nipll-t-af•way zinc/orememerits • LSEi scar id lairguagEi 0 ❑ 1eSEIcescripltiancHeckec agairi c rawirig for congruer ce E ❑ Owr e,r siElnzii ure lir e(s) wish natant block(s) - incluc a title afiEm sigriatar l nE me if owner is nal a ri it divide ail; inich ce "F L SEAN D AND WIFE," if applicable; incluc a "A [Insert state rami LIN ITED LIABILITY CIOMRAIN Y," ar "A [iriseri slate name] CCIRFOFATION," if zp1plicabc I] ❑ City (llerk's eertiilieation -use stane a+ d b lock fan nE cane pliats I] ❑ Caur t� ReccnidEm of Deeds' centificatian • usee stanc arc black 10 ❑ SurvE)ar'sceriillical!on blank Revised 12,104/2019 ℄ ℄ ℄ ℄ ℄ ℄ LOT 178,310 SQ. FT. 1.80 AC. 25' FRONT SETBACK 5' SIDE SETBACK 25' REAR SETBACK 25' FRONT SETBACK RECORD PLAT OF PART OF LOT 4 AND ALL OF LOTS 5 AND 6 IN BLOCK 1, ALL OF BLOCK 2, AND ALL OF LOTS 1, 4, 5, AND 6 IN BLOCK 3 OF RANNEY PLACE, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI IN PLAT BOOK 3 AT PAGE 22, AND THE ADJACENT VACATED ALLEYS AND RIGHTS-OF-WAY ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI IN DEED BOOK 453 AT PAGE 861, DEED BOOK 453 AT PAGE 864, AND DOCUMENT NUMBER 2021-12720, ALL IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI LIFEHOUSE SUBDIVISION THIS IS TO CERTIFY THAT I HAVE EXAMINED THE F.I.R.M. MAPS ON FILE IN THE OFFICE OF THE CAPE GIRARDEAU COUNTY HIGHWAY DEPARTMENT IN JACKSON, MISSOURI, AND HAVE DETERMINED THAT THE WESTERNMOST PORTION OF THE TRACT SHOWN HEREON IS WITHIN ZONE 'X', WHICH DENOTES AN AREA OF MINIMAL FLOOD HAZARD. THE EASTERNMOST PORTION OF THE TRACT SHOWN HEREON IS WITHIN ZONE 'X', WHICH DENOTES AN AREA OF REDUCED FLOOD HAZARD DUE TO LEVEE (FLOOD WALL) AS DETERMINED ON COMMUNITY PANEL NO. 29031C0267F EFFECTIVE DATE OF JANUARY 20, 2016. = SUBDIVISION BOUNDARY LINE = LOT LINE TO BE ELIMINATED **NOTE** 1/2" IRON RODS SET AT ALL CORNERS UNLESS OTHERWISE NOTED = NEW EASEMENT LINE RANNEY PLACE PLAT BK 3, PG 22 = SET 1/2" IRON ROD 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. TOTAL NUMBER OF LOTS: 1 (573) 335-3026 194 COKER LANE, CAPE GIRARDEAU, MO 63701KOEHLER ENGINEERING AND LAND SURVEYING, INC. SURVEYING SERVICES PROVIDED BYPLAT PREPARED BY AND LAND AND PLAT PREPARED FORDEVELOPER OF SUBDIVISION LOT SIZES RECORD OWNER CATHOLIC CHARITIES OF SOUTHERN MISSOURI, INC. DOC. NO. 2017-07140 CATHOLIC CHARITIES OF SOUTHERN MISSOURI 424 E. MONASTERY ST. SPRINGFIELD, MISSOURI 65807 TOTAL SUBDIVISION AREA: 78,310 SQ. FT. (1.80 ACRES) EXCEPTION NOTE AN EXCEPTION IS SHOWN FOR THE OMISSION OF THE REQUIRED 10 FOOT UTILITY EASEMENT ALONG THE REAR LOT LINE OF LOT 1. ZONING REGULATIONS CBD CENTRAL BUSINESS DISTRICTMAXIMUM HEIGHT: 3 STORIES NOT TO EXCEED 40 FEET MINIMUM LOT AREA: NONEMINIMUM LOT WIDTH: NONE MAXIMUM DENSITY: NONEMINIMUM OPEN SPACE: NONE R-4 MEDIUM DENSITY MULTIFAMILY RESIDENTIAL DISTRICT MAXIMUM HEIGHT: 5 STORIES NOT TO EXCEED 60 FEETMINIMUM LOT AREA: EACH TOWNHOUSE MUST BE ON A SEPARATE LOT OF AT LEAST 1,400 SQ. FT.ALL OTHER USES: 3,750 SQ. FT.MAXIMUM DENSITY: 18 UNITS PER 1 ACRE MINIMUM LOT WIDTH: EACH TOWNHOUSE - 20 FEETALL OTHER USES - NONE = EASEMENT TO BE RELEASED = VACATED ALLEY / R.O.W. A = FOUND CUT CROSS ALL COMPONENTS OF THE STORMWATER MANAGEMENT SYSTEM NOT LOCATED IN A PUBLIC RIGHT OF WAY OR PUBLIC STORMWATER EASEMENT INCLUDING, BUT NOT LIMITED TO: DRAINAGE WAYS, PIPES, INLETS, OUTLETS, CATCH BASINS, AND DETENTION BASINS, SHALL BE PRIVATELY OWNED AND MAINTAINED. STORMWATER MANAGEMENT NOTE MINIMUM SETBACKS CBD CENTRAL BUSINESS DISTRICT FRONT YARD: NONEREAR YARD: NONE SIDE YARD: NONE R-4 MEDIUM DENSITY MULTIFAMILY RESIDENTIAL DISTRICTFRONT YARD: EACH TOWNHOUSE - 10 FEET ALL OTHER USES - 25 FEETREAR YARD: EACH TOWNHOUSE - 20 FEET ALL OTHER USES - 25 FEETSIDE YARD: EACH TOWNHOUSE - NONE ALL OTHER USES - 5 FEET PARK DR N M A I N S T CENTURY CASINO N S P A N I S H S T MIS S I S S I P P I R I V E R N F O U N T A I N S T BROADWAY N M I D D L E S T BELLEVUE ST MILL ST BI G B E N D R D PROPOSEDSUBDIVISION N L O R I M E R S T NORTH ST PEARL ST NORMAL AVE = ZONING DISTRICT LINE = BUILDING SETBACK LINE LEGEND = EXISTING EASEMENT LINE = FOUND 1/2" IRON ROD = FOUND IRON PIPE VICINITY MAP SUBDIVISION NOTES PLAT REFERENCES KEYED NOTES FLOODPLAIN INFORMATION B = NEW PUBLIC STORMWATER EASEMENT AND PUBLIC UTILITY & SEWER EASEMENT B AA A = EXTERNAL PROPERTY LINE = CENTERLINE OF ROAD = RIGHT OF WAY LINE = FLOOD ZONE BOUNDARY LINE Staff: Bruce Taylor, Deputy City Clerk Agenda: 10/18/2021 SUBJECT Appointment of four members to the Parks and Recreation Advisory Board for a term expiring October 29, 2024. EXECUTIVE SUMMARY Roger Hudson, Meghan Harville, Bradley LaBruyere and Anne Dohogne are currently serving terms on the Parks and Recreation Advisory Board set to expire October 29, 2021. Roger Hudson has served two full terms and is ineligible to serve another term. A copy of the roster is attached for your review. BACKGROUND/DISCUSSION The Parks and Recreation Advisory Board acts in an advisory capacity to the City Council to review, promote and expedite development of existing and new public park and recreational facilities and activities. The following individuals have expressed an interest in serving on the board, and their board applications are attached. Applicant Ward Citizen Academy Graduate Anne Dohogne 4 no Christopher Haug 1 no Adrienne Henry 3 yes Lewis Jackson Hill 5 no Meghan Harville 3 no Percy Huston 6 no Brad LaBruyere 4 no Kevin Timlin 3 no Jennifer Willett 4 no BOARD OR COMMISSION RECOMMENDATION The Parks and Recreation Board recommends appointing Percy Huston and reappointing Anne Dohogne, Brad Labruyere and Meghan Harville. ATTACHMENTS: Name: Description: D roster attendance.park.pdf Parks and Recreation Board Attendance Roster D Parks and Rec Roster.ndf Parks and Recreation Board Roster Attendance Record Ordinance effective 4/13/00 P = present, A = absent 2021 2nd Monday Jan 11 Feb 8 Mar 8 Apr 12 May 10 Jun 14 Jul 12 Aug 9 Sep 13 Oct Nov Dec 1st 2nd 11 8 13 letter letter 3rd letter appt'ed termi- nated Cantrell, David P P P P A P M M A 9/15/2020 A 05/15/17 P Dohogne, Ann P P P P A P a a P 02/22/19 Evans, Beverly P P P P A P P A A P P P A P P 05/21/18 P P Frazier, Pete P P P P P P P P 1/6/2021 P 03/21/16 P Glenn, Tracey P P P P P P ^ ^ P 9/15/2020 P I 10/17/16 P Harville, Meghan P A P A A P Harville, Meghan P 5/13/2021 11/16/20 Hudson, Rodger P P P P P P c c P ermed out 10/4/2 P P 10/04/21 LaBruyere, Bradley P P A P P P Knudtson, Gunnar P 10/22/2020 A 10/15/18 A Noel, Kevin P P P I P P P 10/15/18 10/14/20 A 12/28/2017 P A L Robinson, Chatez pointed 2/1 P P P A a a P 10/15/18 02/15/21 P IIStilson, Ken I P I P I P I P I P I A I I I Resigned 8/24/21 1 105/15/1 08/24/21 Stone, Mark I Appointed 9/20/21 d d 2020 2nd Monday Jan 13 Feb 10 Mar 9 Apr 13 May 11 Jun 8 Jul 13 Aug 10 Sep 14 Oct 12 Nov 9 Dec 14 1st 2nd letter letter 3rd letter appt'ed termi- nated Cantrell, David P P A C P A P P A P P P 9/15/2020 05/15/17 Dohogne, Ann Evans, Beverly P P P P P P P A A P P P P A P P A P P P P P 05/21/18 02/22/19 Frazier, Pete P P P P P P A P P P A 03/21/16 Glenn, Tracey A P P C P I P I P I A A P P P 9/15/2020 10/17/16 Harville, Meghan Apj=inted November 16, 2020 P 11/16/20 Hudson, Rodger P P P P P P P P P P I P Knudtson, Gunnar P P A A P P P A A nated-atten 9/15/2020 10/15/18 10/14/20 LaBruyere, Bradley P P A L P P P P A A P P 10/22/2020 10/15/18 Noel, Kevin P P P P P P P A P P P 12/28/2017 Snider, Nick P P A P P A A P P P P 8/11/2020 01/08/21 Stilson, Ken P P P P P P P P A P P 1 105/15/17, CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees September 20, 2021 Parks and Recreation Advisory Board Date Reannointed 11/16/15; 10/15/18 10/15/18; 4/16/19 10/16/19 10/16/19 10/19/20 10/16/17;10/19/20 10/16/17; 10/19/20 Term Expires October 29, 2021 October 29, 2021 October 29, 2021 October 29, 2021 October 29, 2022 October 29, 2022 October 29, 2022 October 29, 2022 October 29, 2023 October 29, 2023 October 29, 2023 Serve three year terms, appointed by Council. Regular meetings held second Monday at 5:30 p.m. in Osage Centre. A Council member may serve as liaison. Staff contact —Parks & Recreation Director 339-6340. Date Appointed Council, ex -officio Roger Hudson October 15, 2012 Meghan Harville November 16, 2020 Bradley LaBruyere October 15, 2018 Anne Dohogne September 4, 2018 Chatez Robinson February 15, 2021 Tracey Glenn October 17, 2016 Mark Stone September 20, 2021 David Cantrell March 15, 2017 Beverly Evans (Tree Board Liaison) May 21, 2018 Kevin Noel September 14, 2015 Pete Frazier March 21, 2016 Date Reannointed 11/16/15; 10/15/18 10/15/18; 4/16/19 10/16/19 10/16/19 10/19/20 10/16/17;10/19/20 10/16/17; 10/19/20 Term Expires October 29, 2021 October 29, 2021 October 29, 2021 October 29, 2021 October 29, 2022 October 29, 2022 October 29, 2022 October 29, 2022 October 29, 2023 October 29, 2023 October 29, 2023 Serve three year terms, appointed by Council. Regular meetings held second Monday at 5:30 p.m. in Osage Centre. A Council member may serve as liaison. Staff contact —Parks & Recreation Director 339-6340. Gayle L. Conrad, CMC/MRCC, Staff: Director of Citizen Services/City Agenda: Clerk 10/18/2021 SUBJECT Appointment of two members to the Planning and Zoning Commission for terms expiring November 1, 2025. EXECUTIVE SUMMARY Melissa Stickel and Kevin Greaser have terms on the Planning and Zoning Commission set to expire November 1, 2021.Both are eligible to be appointed. The following have expressed interest in serving on the board, and their applications are attached for your review. Applicant Ward Citizen Academy Graduate Deja Bailey 3 No Mary Darby 6 No David Evans 2 No Adrienne Henry 3 Yes Christopher Haug 1 No Jennifer Willett 4 No BACKGROUND/DISCUSSION The commission may make reports and recommendations relating to the plan and development of the city to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens. It may recommend to the executive or legislative officials of the municipality programs for public improvements and the financing thereof All public officials shall, upon request, furnish to the commission within a reasonable time, all available information it requires for its work. The commission, its members and employees, in the performance of its functions, may enter upon any land to make examinations and surveys. In general, the commission shall have the power necessary to enable it to perform its functions and promote municipal planning. The commission shall consist of nine (9) citizen members appointed and approved by the city council. Members of the planning and zoning commission shall serve for terms of four years, beginning on the second day of November. A copy of the board roster and attendance roster are attached for your reference. BOARD OR COMMISSION RECOMMENDATION The Commission recommended reappointing Kevin Greaser and Melissa Stickel to the Planning & Zoning Commission when their terms expire on November 1. ATTACHMENTS: Name: Description: ❑ Plannin,g_Roster.pdf Planning and Zoning Roster ❑ roster attendance.p_z.pdf Planning and Zoning Attendance Roster CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees September 20, 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 effective with terms commencing May 8, 1996. Plannin,- and Zonin,- Commission Date Reappointed 10/17/16;11/02/20 07/05/16; 11/19/18 Term Expires November 1, 2021 November 1, 2021 November 1, 2022 November 1, 2022 November 1, 2022 November 1, 2023 November 1, 2023 November 1, 2024 November 1, 2024 Date Appointed Melissa Stickel November 2, 2020 Kevin Greaser September 19, 2016 Derek Jackson November 19, 2018 Ed Thompson November 19, 2018 Patrick Koetting October 20, 2014 Nick Martin March 15, 2021 Deborah Young September 21, 2020 Scott Blank November 2, 2020 Sid Whittington January 4, 2021 Date Reappointed 10/17/16;11/02/20 07/05/16; 11/19/18 Term Expires November 1, 2021 November 1, 2021 November 1, 2022 November 1, 2022 November 1, 2022 November 1, 2023 November 1, 2023 November 1, 2024 November 1, 2024 Ordinance effective 4/13/00 P = present, A = absent 2021 Jan Feb 2nd Wednesday 13 10 Mar Apr 10 14 May Jun 12 9 Jul Aug Sep Oct 14 11 8 13 Nov Dec 10 8 warning Notice Jun Jul 8 Aug 1 12 1st 2nd letter letter 3rd letter termi- nated Blank, Scott A P P P P P P P P Blank, Scott Appointed November 2, 2020 Greaser, Kevin P P A P P P P P P Dowdy, Larry P P P P P P P A P P PE Jackson, Derek P P P P P P P A P Glenn, Jeff P P A P P A P P A P Koetting, Patrick P P A A P P P P P Greaser, Kevin 4/22/2021 P P P P P P P 05/10/18 12/31/18 Martin, Nick Appointed 3/15/'21 P P P P A P Jackson, Derek P P P P P P P A P I P Stickel, Melissa P P P P A P P P P Koetting, Patrick Thompson, Ed P P P P A A P P P P A 06/15/21 Whittington, Sid P P P P P P P P A 05/10/18 12/31/18 Skinner, Bruce Young, Deborah P P P P P P P P P P P A 2020 2nd Wednesday Jan 8 Feb 12 Mar 11 Apr (Zoon May (Zoo,]10 Jun Jul 8 Aug 1 12 Sep 9 Oct 14 Nov 11 Dec 9 warning Notice 1st 2nd letter letter 3rd termi- letter nated Blank, Scott Appointed November 2, 2020 P Dowdy, Larry P P P P P P P A P P PE 07/12/18 11/02/20 Glenn, Jeff P P A P P A P P A P A 9/11/2020 12/10/20 Greaser, Kevin A P P P P P P P P P Jackson, Derek P P P P P P P A P I P P Koetting, Patrick P P P P P P P P A P P P 05/10/18 12/31/18 Skinner, Bruce P P P P P A A P P A P P 11/3/2020 07/10/20 02/05/21 Spooler, Douglas Stickel, Melissa Thompson, Ed Welch, Thomas P P P P P A P T P I P P P Appointed November 2, 2020 P I P I P I P I P A P P P P P P Resigned 8/1 1P P I P I P Resi —V P 0/8/20 I I I 1 01/11/18 08/19/20 10/08/20 Young, Deborah Appointed September 21, 2020 1 1 —F— I P Staff: Bruce Taylor, Deputy City Clerk Agenda: 10/18/2021 SUBJECT Discuss and set a special City Council meeting to declare the results of the November 2, 2021, election. EXECUTIVE SUMMARY A general City election will be held on November 2, 2021. The ballot includes a question regarding use tax. Per City Charter, the City Council must declare the results of all elections within seven days of the election. BACKGROUND/DISCUSSION Per City Charter, the City Council must declare the results of all elections within seven days of the election. The County Elections official expects to have certified results after November 5, 2021. STAFF RECOMMENDATION It is recommended that the City Council set a special city council meeting no later than November 9, 2021, to declare the results of the November 2, 2021, election. ATTACHMENTS: Name: Description: No Attachments Available Staff: Bruce Taylor, Deputy City Clerk Agenda: 10/18/2021 SUBJECT Appointment to the Golf Course Advisory Board for terms expiring November 12, 2024. EXECUTIVE SUMMARY Josh Parham and Janet Esicar are currently serving terms on the Golf Course Advisory Board that are set to expire November 12, 2021. Each are eligible to serve an additional term on the Golf Course Advisory Board. 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 I Citizen Academy Graduate Tom Benton 6 No Larry Caldwell 4 No Lewis Jackson Hill 5 No GENERAL DIRECTION Unless directed otherwise, two appointments to the Golf Course Advisory Board will be placed on a future agenda for consideration. Name: Description: ❑ Benton.Tom0423-21.pdf Benton, Tom ❑ CaldweElarry.02-22-2021.12df Caldwell, Larry ❑ Hill Lewis Jackson.0426-21odf Jackson -Hill, Lewis ❑ Golf Board Roster.pdf Golf Ad\isory Board Roster ❑ roster attendance. volflpdf Golf Ad\isory Board Attendance Roster CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees September 20, 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. Golf Course Advisory Board 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- Doug Gannon,Parks & Recreation Director 339-6340. Date Appointed Date Reappointed Term Expires Council member, ex -officio Josh Parham March 1, 2021 ---- November 12, 2021 Janet Esicar March 1, 2021 ---- November 12, 2021 Nate Saverino September 18, 2017 11/4/19 November 12, 2022 Keith Sander November 17, 2014 11/7/16, 11/4/19 November 12, 2022 Cindy Gannon September 3, 2019 1/21/20 January 18, 2023 Brad Wittenborn December 3, 2018 11/4/19;4/5/21 January 18, 2023 Gary Wren September 18, 2017 08/17/20 September 4, 2023 Jared Snell (Jaycees) March 1, 2021 ---- September 4, 2023 Claire Kneer November 2, 2020 ---- 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- Doug Gannon,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 22 May Jun 24 Jul Aug 24 Sep Oct Nov Dec 1st 26 28 2nd 3rd termi- letter letter appt'ed nated Esicar, Janet Wointed 3 1 P P N A 3rd termi- letter appt'ed nated N 03/01/21 Gannon, Cindy C;b P P o P c P P o f 09/03/19 Kneer, Claiir P P P 09/03/19 10/15/12 A P Parham, Josh ointed 37Lj.21 P A P A P A 9/16/2021 03/01/21 Sander, Keith A P P O P A 11/17/14 Saverino, Nate T P P P —jr A 10/09/18 4/30/2019 09/18/17 Snell, Jared (Jaycees) pdinted 3/1 P P 1 P 1 E W ittenborn, Brad N P N P P N P N A ####### Wren, Gary G P G A G P Sander, Keith P P E 09/18/17 2020 4th Thursday Jan Feb 28 Mar Apr 25 May Jun 27 Jul Aug 27 Sep 44 Oct 22 Nov Dec 3 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 Fesigned 1 /43b2q 09/18/17 10/14/20 Kneer, Claiir INA Appointed 11/2/20 FVIM 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 N 10/09/18 5/20/2019 10/30/20 08/03/15 ####### Wren, Gary A P P I G P IGI 1 109/18/171 Staff: Agenda: 10/18/2021 SUBJECT Advisory Board Minutes ■ Public Library Board of Trustees (Retreat) Minutes, August 9, 2021 ■ Tree Advisory Board, August 9, 2021 ATTACHMENTS: Name: Description: ® 090921 Retreat minutes.ndf Public Library Board of Trustees Minutes © Tree Advisory Board Minutes 8-09-21 - DRAFT.pdf Tree Board Minutes CAPE GIRARDEAU PUBLIC LIBRARY BOARD OF TRUSTEES ANNUAL RETREAT Thursday, Sept 9th, 2021 @ 4-8pm Cape Girardeau Public Library Attendance Present: Amy Trueblood, John McGowan, Red Redinger, Emily Vines, Stacy Lane, John Voss, Dave Diveley, Rekha Patterson, Cindy Heischmidt Also present: Director Katie Earnhart, Linda Bailiff, Nicolette Brennan The retreat began at 4pm. Something Fun Red and the board participated in a "getting to know you" activity, as well w/Red as a team building exercise with emphasis on kind communication. State of the Board The board discussed members whose terms will expire and when. They Succession also discussed the qualities/expertise of new board members for ideal future Planning candidates. Staff Sharon Anderson, Youth Services Coordinator; Whitney Burton, Presentations Marketing; Barrett Kinsey, Technology and Kayla Thompson, Adult & Dinner Services Coordinator all gave 5 minute presentations re -capping last years' activities/accomplishments. Problem -Solving/ Nicolette Brennan with the City of Cape conducted a problem -solving Brainstorming brainstorming session with the board members. Main topics included policies, operations and funding. There was a break-out session and those notes have been sent to Stacy. Strategic Plan Amy took us through the history of the current Strategic Plan/recap. John Recap and Future Voss gave the board an overview of the plan status. John will arrange for Plans the Strategic Plan Committee to meet and discuss and bring their ideas to the board. The retreat ended at 8pm. Next Board Regular Meeting: Thursday, October 7th @ 7am Cape Public Library Recorder: Linda Bailiff CITY of CAPE GIRARDEAU (DRAFT) PARKS & RECREATION DEPARTMENT TREE ADVISORY BOARD August 9, 2021 The City of Cape Girardeau Tree Advisory Board held their regular meeting on August 9, 2021, at 12:00 Noon at the Osage Centre. Present: Jennifer Behnken, Chairman Dr. Sven Svenson, Vice Chairman Laura Klipfel, Board Member Absent: Robert Harris, Board Member Stan Polivick, Public Works Director/Member OPENING Dr. Beverly Evans, Board Member Brock Davis, Parks Division Manager Staff Present: Diane Boyer, Recording Secretary Chairman Behnken called the meeting to order and welcomed everyone. MINUTES Chairman Behnken requested the approval of the June 14, 2021, minutes. Dr. Beverly Evans made a motion; seconded by Laura Klipfel to approve the minutes. Motion passed with no one opposed. NEW BUSINESS A. Trees on Flood Buy -Out Property in Red Star Area Parks Division Manager Davis relayed to the board there are some trees that are dead and leaning over roads and lots in the Red Star Area on Main, Water, Rand and North Spanish. These trees will be removed. There is no danger of any of them falling on houses. They are just old and becoming more of a maintenance issue. B. Trees Along Bloomfield Road/Trail Parks Division Manager Davis informed the board there are also some trees that are dead and leaning over Bloomfield Road. A big limb broke out of one tree and fell on the Trail. There were no injuries. The Street Department will be removing these trees. TREE ADVISORY BOARD AUGUST 9, 2021 PAGE 2 OLD BUSINESS A. Arena Park Master Plan Parks Division Manager Davis reported Davey Resource Group completed a geographic information systems -based tree inventory of Arena Park in February 2021. Those results along with the Arena Park Master Plan Concept are included in the Arena Park Tree Master Plan which was in everyone's packets. He asked the board to review the plan and let him know if there are any concerns. The board will discuss the plan in more detail at their next meeting. B. Eradication of Bush Honeysuckle and Russian Olive Along Cape LaCroix Creek Chairman Behnken discussed the idea of eradication of Bush Honeysuckle and Russian Olive. She is requesting Parks Staff start keeping their eyes peeled to determine the most problematic area on the Cape LaCroix Trail and capture observable data. Parks Division Manager Davis will educate his staff on Bush Honeysuckle and Russian Olive. He mentioned the eradication could be a good opportunity for a service project for Friends of the Parks Day or volunteer groups. The board agreed if we don't start doing something, these species will continue getting thicker and thicker. Chairman Behnken will put together some ideas and keep this project on a to-do list for this Fall or Winter. C. Main Street Sidewalk Project Parks Division Manger Davis will follow up with David Whitaker from Engineering and get some maps of the project area with the trees noted. Chairman Behnken suggested having the Tree Evaluations complete by our next meeting for discussion. REPORTS A. Staff Briefs / Project Updates Staff Briefs were handed out to the board members informing them of the upcoming events and projects in the Parks & Recreation Department through September 16, 2021. Parks Division Manager Davis reported meetings have begun on the new Youth Ballfield Complex. Renovations to the River Heritage Museum will be starting soon. The Keep Cape Beautiful Committee is in the process of doing the litter inventory. Four Wards have been completed leaving two more to go. TREE ADVISORY BOARD AUGUST 9, 2021 PAGE 3 OTHER BUSINESS A. Next Board Meeting The next board meeting will be held on Monday, October 11, 2021, at 12:00 p.m. at the Osage Centre. ADJOURNMENT There being no other business to come before the board, Dr. Beverly Evans made a motion to adjourn the meeting; seconded by Laura Klipfel. Motion passed with no one opposed. The meeting was adjourned. Transcribed by: Diane Boyer, Recording Secretary