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HomeMy WebLinkAboutCouncil.Agenda.05-15-2000.PacketCITY COUNCIL MEETING AGENDA May 15, 2000 Cape Girardeau, Missouri CITY OF CAPE GIRARDEAU, MISSOURI 401 Independence Street City Council Agenda Monday, May 15, 2000 7:30 p.m. Invocation - Rev. Ron Watts, LaCroix United Methodist Church Pledge of Allegiance Call to Order Roll Call Council Meeting Minutes - May 1, 2000, Regular Session Adoption of the Agenda Public Hearings 1. A public hearing regarding the filing of an application for funding from the Missouri Highway and Transportation Department pursuant to Section 5311 of Title 49, United States Code, to assist in funding and operating the city's taxi coupon public transit program. (Agenda Item No. 19, Bill No. 2000-124). Action Letter No. 174 Appearances 2. Appearances before the Council on items listed on the agenda 3. Appearances before the Council on items not listed on the agenda City Council 4. Communications to be presented by members of the City Council 5. Communications to be presented by the City Manager or City Staff Consent Ordinances 6. BILL NO. 2000-107, an Ordinance amending Chapter 30 of the Code of Ordinances by changing the zoning of 801 Good Hope Street from R-4 and C-1 to R-4. Second and Third Readings. City Council Agenda Page 2 May 15, 2000 BILL NO. 2000-108, an Ordinance granting it special use permit to Phillips Development Corporation and Cherry Wood Heights One Limited Partnership for purposes of constricting, maintaining and operating a community plan for apartments at 801 Good Hope Street. (If the ordinance is not approved, a motion will need to be made to deny the special use permit and to adopt Findings and Conclusions denying the application.) Letter No. 147 Action 7. BILL NO. 2000-109, an Ordinance amending Chapter 30 of the Code of Ordinances by changing the zoning of the 400 block of Olive St., south side, from R-2 to R-4. Second and Third Readings. Letter No. 148 Action 8. BILL NO. 2000-110, an Ordinance amending Chapter 30 of the Code of Ordinances by changing the zoning of the northwest corner of Elm Street and Beaudean Lane from R-2 to R-4. Second and Third Readings. Letter No. 149 Action 9. BILL NO. 2000-111, an Ordinance granting a special use pen -nit to Lonnie and Shirley Moss for purposes of constructing, maintaining and operating an automotive repair and retail sales business at 155 South Park Avenue. Second and Third Readings. (If the ordinance is trot approved, a motion will need to be made to deny the special use permit and to adopt Findings and Conclusions denying the application.) Letter No. 150 Action 10. BILL NO. 2000-112, an Ordinance granting a special use permit to SEMO University Foundation and Cape Girardeau County for purposes of constructing, maintaining and operating a juvenile justice center on a tract south of Gerhardt Street in Foundation Park. Second and Third Readings. (If the ordinance is not approved, a motion will need to be made to deny the special use permit and to adopt Findings and Conclusions denying the application.) City Council Agenda Page 3 May 15, 2000 Action Letter No. 151 11. BILL NO. 2000-113, an Ordinance granting a special use permit to Keith Deimund Trust and Lynwood Baptist Church for purposes of constricting, maintaining and operating a public information sign on the southwest corner of Cape La Croix Road and Lynwood Bills Drive. Second and Third Readings. (If the ordinance is not approved, a motion will need to be made to deny the special use permit and to adopt Findings and Conclusions denying the application.) Letter No. 152 Action 12. BILL NO. 2000-114, an Ordinance granting a special use permit to New Horizon Missionary Baptist Church for purposes of constructing, maintaining and operating a children's day care center at 800 South Sprigg Street. Second and Third Readings (If the ordinance is not approved, a motion will need to be made to deny the special use permit and to adopt Findings and Conclusions denying the application.) Letter No. 153 Action 13. BILL NO. 2000-115, an Ordinance granting a special use pen -nit to Robert A. Drury and Telecorp Realty, L.L.C. for purposes of maintaining and operating a 195 -foot cellular communication tower and equipment pad in the 300 block of South Silver Springs Road. Second and Third Readings. (If the ordinance is not approved, a motion will need to be made to deny the special use permit and to adopt Findings and Conclusions denying the application.) Letter No. 154 Action 14. BILL NO. 2000-116, an Ordinance granting a special use pen -nit to Michael A. and Bonnie C. Smith and Summit Enterprises, LLC, for purposes of constructing, maintaining and operating community plans for apartments in the 2700 block of Lynwood Hills Drive. Second and Third Readings. (If the ordinance is not approved, a motion will need to be made to deny the special use permit and to adopt Findings and Conclusions denying the application.) n Letter No. 155 Action W City Council Agenda Page 4 May 15, 2000 15. BILL NO. 2000-117, an Ordinance accepting a general warranty deed, pennanent drainage easements and temporary constriction easements from St. Francis Hospital of Franciscan Sisters and a temporary construction easement from Charles L. and Martha Jane Hirsch for the extension of Silver Springs Road north of William Street to its existing termination point south of Independence Street. Second and Third Readings. Letter No. 156 Action 16. BILL NO 2000-119, an Ordinance amending Chapter 15 of the City Code by extending the one- half of one percent transportation sales tax and reestablishing the City Transportation Trust Fund, and calling an election on the question whether to approve the sales tax extension; designating the time of holding the election; authorizing and directing the City Clerk to give notice of the election. Second and Third Readings. Action Letter No. 157 New Ordinances 17. BILL NO. 2000-125, an Ordinance amending Schedule C of Section 26-121 of the City Code by placing a stop sign on Mount Auburn Road at Bloomfield Road. First Reading. Letter No. 172 Action 18. BILL NO. 2000-126, an Ordinance approving the record plat of DKR 7"' Subdivision. First Reading. Action Letter No. 173 City Council Agenda Page 5 May 15, 2000 Resolutions 19. BILL NO. 2000-124, a Resolution authorizing the City Manager to file an application with the Missouri Highway and Transportation Department for fiends to aid in the financing of a public transportation system. Reading and Passage. Letter No. 174 Action 20. BILL NO. 2000-127, a Resolution authorizing the City Manager to execute a subordination agreement for a second deed of trust for property owned by Charles A. and Costella E. Patterson at 907 North Middle Street and 514 Olive Street. Reading and Passage. Action Letter No. 175 Appointments r) 21. Appointments to the Board of Appeals. Action Letter No. 176 Liquor License 22. Approval of the following liquor license renewals: 3.2 % Non -Intoxicating Beer by the Drink R&V Enterprises, Inc. d/b/a Pagliai's Pizza & Pasta, 1129 Broadway, Ronald F. Bohnert, Managing Officer Retail Liquor by the Drink Sander Tommy d/b/a Sandbox Lounge, 1611 Independence, Tommy Sander, Managing Officer Retail Liquor by the Drink and Sunday Sales Harris Don d/b/a Show-Me's, 1751 Independence, Donald E. Harris, Managing Officer Kidd, Forrest d/b/a Kidds; Inc., 1325 Broadway, Forrest Kidd, Managing Officer Original Package Liquor and Sunday Sales C&R Oil LLC d/b/a D -Mart #6, 263 Farrar, Bradley L. Smith, Managing Officer Bi -State Oil Co. d/b/a Bi -State Southern Too, 920 N Kingshighway, Robert Blank, Managing Officer City Council Agenda Page 6 May 15, 2000 23. Conditional approval of the following liquor license renewals: Change in Managing Officer, 3.2 % Non -Intoxicating Beer by the Drink Severs, Dwayne d/b/a Cape Pizza Inc., 215 S. Kingshighway, and Cape Pizza No. 2 Inc., 1703 Broadway, Dwayne Severs, Managing Officer Wholesalers of Intoxicating Liquor - All Kinds Major Brands Inc. d/b/a Major Brands - Cape, 839 S. Kingshighway, Robert Epsten, Managing Officer Original Package Liquor and Sunday Sales Pajco Inc. d/b/a Rhodes 101 Stop, 449 S. Kingshighway, Paul Dirnberger, Managing Officer Pajco Inc. d/b/a Rhodes 101 Stop, 10 S. West End Blvd., Paul Dirnberger, Managing Officer Pajco Inc. d/b/a Rhodes 101 Stop, 1008 N. Kingshighway, Paul Dirnberger, Managing Officer Pajco Inc. d/b/a Rhodes 101 Stop, 1036 N. Sprigg, Paul Dirnberger, Managing Officer Pajco Inc. d/b/a Rhodes 101 Stop, 1610 N. Kingshighway, Paul Dirnberger, Managing Officer Pajco Inc. d/b/a Rhodes 101 Stop, 407 Morgan Oak , Paul Dirnberger, Managing Officer Food Giant of Cape Girardeau d/b/a Food Giant #73, 1120 N. Kingshighway, Ronnie J. Watkins, Managing Officer. Bi -State Oil Co d/b/a Bi-State/Southern Oil, 400 Morgan Oak, Robert Blank, Managing Officer Drury Petroleum Corp. d/b/a Amoco, 3276 William, Bradley L. Smith, Managing Officer Midwest Energy Inc. d/b/a Amerimart #5, 865 N Kingshighway, Laura Younghouse, Managing Officer Midwest Energy Inc. d/b/a Amerimart #7, 1320 W. Cape Rock, Laura Younghouse, Managing Officer DSW Development Corp. d/b/a Shell -Cape, 3415 William, Bradley Smith, Managing Officer 3.2 % Non -Intoxicating Beer by the Drink Bucher, Scott d/b/a Imo's Pizza, 1201 Broadway, Scott Robert Bucher, Managing Officer Severs, Dwayne d/b/a Cape Pizza Inc., 215 S. Kingshighway, Dwayne Severs, Managing Officer Severs, Dwayne d/b/a Cape Pizza No. 2 Inc, 1703 Broadway, Dwayne Severs, Managing Officer 5 % Beer by the Drink Salamy Twins Inc. d/b/a Phoenicia Restaurant, 1000 N. Sprigg, Emad Salamy, Managing Officer Retail Liquor by the Drink Schmidt, Michael C. d/b/a The Playdium, 1127 Broadway, Michael Schmidt, Managing Officer Weber, N. Louise. d/b/a Pockets, 2021 Independence, N. Louise Weber, Managing Officer McAllister, David D. d/b/a Mac's Smokehouse Inc., I-55 & Airport Rd., David McAllister, Managing Officer Brown, Jaynne d/b/a Ed's Bar, 519 Good Hope, Jaynne Brown, Managing Officer Brinson, Phillip d/b/a Rufus Mudsuckers, 2 N. Main, Phillip Brinson, Managing Officer Pobst, Rodney d/b/a River's Edge, 701 N. Main, Rodney Pobst, Managing Officer Retail Liquor by the Drink and Sunday Sales Cain, Doc Inc. d/b/a Port Cape Girardeau, 19 N. Water, Dennis R. Cain, Managing Officer GMRI, Inc. d/b/a Red Lobster #0707, 3269 William, Roger Bresnahan, Managing Officer AL City Council Agenda Page 7 May 15, 2000 Capaschco, Inc. d/b/a The Paste House Co. 3044 William Suite 155, West Park Mall, Edward Goergen, Managing Officer MidAmerica Hotels Corp. d/b/a Holiday Inn Complex, I-55 & Route K, 3267 William, Daniel Marion Drury, Managing Officer Thomas and King, Inc. d/b/a Applebee's Neighborhood Grill and Bar, 202 S. Broadview, Gretchen S. Zellmer-Griggs, Managing Officer Other 24. A motion accepting into the city's system the street, stone sewers and sanitary sewer improvements as shown on the plans approved for Forest Hills Estates Subdivision, and releasing the subdivision bond covering these improvements. Action Letter No. 177 25. A motion approving the improvement plans for the construction of a portion of Richmond Drive from Kell Farm Drive approximately 390 feet west to the entrance of the proposed Cape West Mobile Home Park. Letter No. 178 Action 26. A motion accepting the recommendation of the Planning and Zoning Commission to deny the request of Kevin Stanfield and Jeff Holzum to rezone 2021 Perryville Road and the northwest corner of Perryville Road and Lexington Avenue from R-1, single family residential district, to C-1, local commercial district, and for a special use permit for gasoline pumps at that location; or in the alternative, a motion setting a public hearing on the request. Letter No. 179 Action 27. A motion accepting the recommendation of the Planning and Zoning Commission to deny the request of Jerry Lipps to rezone 2355 Locust Street from M-1, light industrial district, to M-2, heavy industrial district; or in the alternative, a motion setting a public hearing on the request. Letter No. 180 flAction City Council Agenda Page 8 w May 15, 2000 27. Other business. 28. Adjournment of the City Council. ************ The City Council of the City of Cape Girardeau, Missouri, will hold a study session at City Hall, 401 Independence Street, on Monday, May 15, 2000, 5:00 p.m. ************ The City Council of the City of Cape Girardeau, Missouri, may, as a part of a study session or regular or special City Council meeting, hold a closed session to discuss legal actions, causes of legal action or litigation, leasing, purchasing or sale of real estate, hiring, firing, disciplining, promotion of personnel, employee labor relations, or confidential or privileged communications with its attorneys. n A n PUBLIC HEARINGS CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 174 Agenda May 15, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor,and Council Members Subject: Taxi -Coupon Program Grant Application. This agenda item calls for the holding of an advertised public hearing on the filing of an application for funding under Section 5311 of Title 49, United States Code, to assist in financing the City's taxi -coupon program. Additionally, following the public hearing the Council will need to adopt the attached resolution authorizing the City Manager to file the application with the Missouri Highway and Transportation Department for funds for the fiscal year beginning July 1, 2000. The amount to be requested for 2000 - 2001 grant is $170,920. The City must match any grant funding on a dollar for dollar basis. This amount is currently included in the City's proposed 2000 - 2001 budget. It is recommended that the Council hold the advertised public hearing and adopt the attached resolution which will authorize the City Manager to submit said application. WLD:gc Respectfully submitted, Iio John R. Richbourg Finance Direct Walter L. Denton Acting City Manager �61 li� �61 CONSENT ORDINANCES CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 14 7 Agenda May 1, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Request for Rezoning a Portion of 801 Good Hope Street and for a Special Use Permit for a Community Unit Plan for Apartments This agenda item calls for the holding of an advertised public hearing on the request of Phillips Corporation and Cherry Wood Heights One Limited Partnership to rezone a portion 801 Good Hope Street from C-1, Local Commercial District, to R-4, Multiple Family Residential District, and for a Special Use Permit for a Community Unit Plan for apartments. The bulk of the Phillips tract is currently zoned R-4, but the northeast corner is currently zoned C-1. The rezoning will unify the zoning for this project. The Planning and Zoning Commission recommended approving this application at its meeting on April 12, 2000, by a vote of 6 in favor and none in opposition. There were no citizens present in opposition to this request. Certified copies of the following items are herewith presented as evidence in this public hearing for your consideration: 1. Section 30-39 "Special Use Regulations" from the City Code. 2. The Application for Special Use Permit. 3. The Application File. These items are attached to this letter and are included in your agenda packet. It is recommended that the City Council hold the advertised public hearing. Attached for first reading consideration is an ordinance which would authorize the rezoning the subject part of this tract from C-1 to R-4 and for approval of the Special Use Permit. ully submitted, Bratton of Planning Services Michael 0,M City Manager KBM/MGM/rlf Soot. 6013. 6'paCtal t os ragulalioOa, ZONING { t0-rn (a) Subtlest to Quit pra,W. of this section, the d0' sauseA w by atdisims a on hs own mood. s or on spptfcatlew gees! a ape" use prmk Ow AdIlbe qMW Visit witimoorusted I. " section In SAY SPRIMArkto 4 ' ' qualified hon wfJdl at trsa ath—I- F*JWted by ah& chapter. The city aahrhdl AA uapMg appropriate conditirs and "IeVards for the Issuance, of the special see psea(t which may include • specified period of time for the permit, a imitation of the persons who may carry out such use, and limitations upon w requiremenla for the size or design of buildings and other (mpterremen4 upon the property, all for the purpose 9(pcolecting the comprehensive plan and conserving and protecting property and prop- erty values In the neighborhood. (b) Applications for special use permit. shall be made and processed la the same roamer as provided in section 30-5 relating to applications for district changes. (1) The city council shall determine whether such building or use will: a Substantially increase trace haz- ards or congestion. b. Substantially inereasc fire hazards. c. Adversely affect the character of the neighborhood; or in respect to ape- ual use permits for dwelling p -- posts whe<e required, be adversely affected by the character of the neighborhood - 4. Adversely affect the general welfare of the community. e. Overtax public utilities. f. Be in conflict with the comprhenswe city plan. (2) If the council's finding is negative as to all the subjects referred to in this subsection (b), the application may be grmted; if of firmative as b any subject, then such per- mit shall be denied. (e) Any proposed special use shall otherwise comply with all the regulations set forth in this Chapter for the district m which such use is located, eteept that the city council may permit hospitals and butitutice , to exceed the height limitations of such district. n W" CAPE GIRAFkOVA I CODE e. No structures du11 be erected or re main en any pcs ien of the lot e.cept as provided for under iter C. hercof. d. No signs shall be erected on the park ing area eseept u approved by the city Council. e. Parking areas shall be used for park- ing patrons, private passenger vehi- cles only and boo large shall be made far parking within such premises. I. Ilia parking shall be set back in con- formity with the established or re- quired yards for residential uses and, whore a puking area adjoins a dwell - hag use, it shall have • minimum side yard of len (10) net. C. 71w parking area shall be suitably screened or kneed, paved and drained, lighted and maintained free of debris. 21) Any 'C' district use in an *R' district. 22) M uses for which special use permits arc coquimd by other sections e( thea rcgul. lions. 23) B-Iolings in .suss ( the height and story ngtsio—ts set forth in section 30-36 for 'R4' and'G2' distrids, provided aide yards ore increased in width one (1) foot for ach foot of beight that the building exceed. the heigld regulations ofthe district in which it is located up to • height of seventy -fire (75 ) feet and the,..A- boo i.oease in side yard. Cull be required for any height in ercesa of seventy-five (75) feet. N) Any 'C' district use in a more restrictive diwict. KI S— Iwu•i.hg seeder the following only in 'R-3; 'R4' and 'C- 0.17 COnly senior cit—, handicapped or disabled Individuals —W he permit W M resit, purdhaee w Inhabit ..its allowed under Qhls dupter. s. A prmm ooA sign, preraihrnf(y din played, mud be plated on the building dearly labeling the structure as sen{er e,tit— housing, and also having there upon the ordinance number establish- ing the structure as semorcitizen hour one (26) Reserved (27) The manufacture of commercial cooking and catering equipment in'Cr districts. (28) Recycling in 'G2; 'C3; 'M-1' a 'M-2' districts, including alvage, processing and storage of paper and paper products; noirourn cans and other metal eonta dens; doth, clothing and rags; plastics cid rub- ber products; lumber w wood products; and glass. Provided, however, that all process- ing, treatment and handling of the above- described materials, other than loading and unloading from transport vehicka, shall be inside of a building and all storage of each materials shall be either inside of • build- ing or in dosed transport traikrs, in such a er as not to create • nuisance by virtue of odor, vermin, emission, or cis charge. Provided further that my prooess ing of such materials shall not create a nuisance w health hazard by virtue of odor, emission, discharge or byproducts. loading and unloading of material. from tra sport vehicles shall be completed and the transport vehicles removed from the premiss within twenty-four (24) hours of (he receipt of a transport vehicle on the Premises. E.clusions: •. No special use permit shall be required under Woo action for my person, nom. Pony w fin. e"aged I. —rd -4 •< tivity of Is son products whits see mmufoct—d w Gold a i (be premises when such recycling is d.oe Ian support d the principal oope .U- of that bust nm. I, . No ape" use permit will be squired under the provisions oof" aediooe for recycling activity sswdersiod 67 nam. pmt wgsniulwns for pr{ooda soot -- sending thirty (30) days I. my "I— da year. (d) Sp -i•1 uses (1) Public or private landing field, landing strip, helicopter landing pad, heliport or other landing area for all forms of aircrafl. auto race track and drag strip. (2) Amusement park, but not within three hundred (300) feet of my -R' district. (3) Anygmerol public buildingerected or used by any department of the city or county government, ce a school district Also. of fires, warehouses, and ocher support build me% for local units of government and sub -.tate agenda, unless otherwise 1. rated within a sorting district which would allow a —,cW or institutional facility .(the same allure as a use—by—right. (.) Cemetery, erenaturium w mausoleum (5) Church or other place of worship, or Sun day school, in'R-1.''R-2,' or'R-3' residen- tial district.. (6) Circus or carnival grounds, but not within three hundred (300) feet of my'R' district (7) Commercial, reereational, or amusement development for temporary or seasonal pe riods. (8) IReserwof.) (9) Institution, college, or hospital provided that my hospital w institution permi(ted in 44Y 'R* district shall be located on a site *(*A lass than five (6) saws, shall not OCCUPY Watt Wan fogy (40) patent of the teal lot arta, gad shall be set bads from all Y" bosom at INA Will (2) foot for each foot of bultdisd bright. (10) Marl" wdock. (11) Nutsisig borne in -R- district. (12) Office bolding ofs, civic, religious or char. Rabic wgultatitn, conducting activities Primarily by mail and Isar handling mer cdundise w rendering services on the prem ices, but only within the -R4- district. (13) Privately operated commudty building or recreation field. (14) Public utilities. (15) Riding stable. (16) Radio or television broadcasting tower or station. (17) Residential uses as provided for in sections 30-28 (Gt Districts) and 3033 (M-1 Dis- tricts). (18) Travel trailer camp, in the '42, 'C3' and 'M' districts. No travel trailer may be used for any residential purpose either tran- siently or permanently unless located in a trailer camp or rnabhk home park. (19) The exlractien of Bard, gravel. and other raw materials requiring the removal of m overburden above the deposit, provided. however, any bulk storage ofertracted ma tend or overburden and any prooeaing or extraction mach nery or the open face of any art shall be at kat five hundred (500) feet from my residential strut urn, street, or place. (20) Puking lots en land in "W districts within three hundred (300) feet fiom the boundary of any 'C' or 'M' district provided the following standards are met a. Ingress and egress to such lot shall be from a street directly serving the con mercid, business or industrial district b. No business involving the repair or service of vehicles, a sale, a display thereof shall be conducted from -up*" such parking areas. 1965 ZONING r. A special use permit shall not be required under this section for any agency of any state, toanty or other local governmuhl unit engaging in recycling activity for its internal op- eration purposes only and not for resak to the public for profit. (29) Residential or outpatient facilities for the treatment of alcohol or other drug abuse for not trrceeding twenty (20) persons in 'R4' districts. or for .are than [went). (20) persons in "C' districts• with the provision that m special use permit shall be issued for such a facility unless the applicant for such permit provides evi- dence that he has provided written wL fication d the proposed placement of the facility to the owner or owners of property located within one hundred eighty-five (185) feet of the boundaries of the prop erty on, which the treatment facility is to be located. Further, the arterior appc- « of the treatment facility shall re oably eonf to the exterior appear- -« of other building. in the vicinity and a treatment facility shall not be located closer than three hundred seventy (370) feet to any cher —list. ce abuse fseihty (301 Single -double-wide, manufactured home w manufactured business units for ice purposes only in 'M-2' Navy irdustnal diafrict.. (31) Family day care homes for the rare of move than six (6) children but not more than ten (10) chlldmh in a residential sant. (321 E—u sioo gambling boat w floating g.m Wing 4tility, in my 'C or'M' district. err eembialitn therad, with drat following provisions: Aeoesssry circa directly connected. asandatod w looked with the aper. lion of m excursisn gambling bo.l or flwliog facility shall be included wiW. and asado a Pato(, my pect.l use persalt Issued therefor mrd shall coin be -Rhin a 'C w 'M' district. w combinotlon tiered .. w if 1066 <„vr. - h: 1%7 { xQ ' Accessory uses associated with an excursion gambling boat or (coating facility shall include We following: 1. Boat support facilities. 2. Docking a mooring facilities. 3. Employee support facilities. t. Orvusod transportation facill - tia. 5. Passenger ticketing and reeep Unto, facilities. 6. Parking focitities. 7. Security facilities. S. Signs. indudiag those attached to a building et other strucwre. a but or floating facility, oh otherwise placed en the Prem iia constituting an excursion gambling boat no, floating facil ity site. Off-street parking. Ofr-stm( park ing and loading facilities shall IN provided u spedfed in section 3031 of this t aplu. wept that the rc quirament for eQstroet parking I., an eacunioo gambling boat or fl- ing facility and is Ac«asorY use' .hall be one and onebalf (14x) -Pace for livery two (2) passengers. base, on maximum oocuParxy Plus one (1 space per employee bop the marirc— shift. In addition, fiJl+hse bus park (ng "ca " be pied as re quired by the phombag and wcinl commission and silly council. Sit. develepmmt Plan In aPPlY'nl fora ape" stere pnmlt under tui tit d.vsioper(s) shall tut wit • (orad rile 0- for" Includes. W is cwt mecessar ily limited to the fdlowlog: I, Map. and other graphics ind abets( the boundaries of ti" kvy{.pwert and all propertir to be (wdadad, ledicstinl whether push pr.pertiu at, .naafi. k. ad.�P^^^•xpe p000d fsr aurin. ON CAM OreAAOP to 0002 i 1MMaffensaadce-9does etdbsidingt.tlteretms.. Pert - lob assledwCedlideselos- ptidae M davelepmeat.Iadmsd- fn cdale on dr, feeikie.. and eosrprphose SUM piaaasd eaamalsePeAi" g bederwt- fmC &CPAP. end eccenery, woes. 3. EvIdesIN that the devdepment las Inn wQrinat Land to pre - vide for any "coo—s-7 er Me - posed te"4W devolapelent and "*put focilkiss. imdud- lsC PAsHng. awd the d.evelop- aseet ledwdas Su fident then frontal. to *acommedate locu- li. and "nation of tin planned eacunios eamblin< boat Or floating facility. t. M impact analysis indvdine.. but net limited to. erpeRed a- mhrs routag, traf5c volumes, peek bourn *(operation, seeded read Zattune ioprovaoents and traf- controls necessary to accam- audate the proposed uses and UAW. volumes, and plains for oh.ste ere ity and disaster re- spAene. e. All bwildfnts and permanently seeped atr(utuM dull comply with applicable standards of the dW. buadtmC or && Pmlbel tq ecc Paso' pevmk far any e0 --y use nal forth In this section shall be bard prix le the issuance of oxu- Poaq permits for all new land-bapd pevaaaamt drucwres proposed as put *( the development. The aly ooswul saq; however, at its disc e- ti- appove a umpor■ry oocupancy permit for any accessory use for a Period! *(one (1) year K the repaired bmd-besed st,.cW— arc not mnm- pktd. tl91 ttinl-warelahute es SWVa ate units in e6r er ^Gr districts. COO Pasbfag gages: For enclosed car sehni- Owd..e! P -da -C Carnes only. Parkins q. K. M Cpm apace diawedau Mas them the ).latus e alp eertulted in WM adiaaaa they be .pp..qd under ar11,110 *4rIKIaCa0— aedaad daaaawlary jttdi6nt{w for a segsostad vutstise frahe the mMhasm Standards asset be submit - and with my application he—" - (35) Assembly and msv f(-Wre fres, pre. fabricated pants *(dertronic and similar products M C-2 districts. (36) Single ar deubk-wide, o snufaeturad Mme w aumif ducod business units for tem Peary office purposes only dwriae von. .bvctim m rensdehm e of a main build ink in 'M1' UCht tmdualrial District:_ My special neve permit, if approved. will become effective only upas the kamenae of a building permit fx a main bu"ne. All such temporary ol5es units shall be re- moved upon occupancy of the completed co ,bv 6m or oomPktiaa R abandon- ment *(the eonstivdhan work, whirl— occurs first (37) Double -wide manufactured boos; (mo We Mmes) ls'R-1; 'R4; 'R43; cr'R-4' diatncts, with the follow(wC Prov(daw: ,. The manufactured havoc shatl be in compliance with Federal Manufac- tured NomaCoutmetim and Safety Standard.. adopted June 15, 1976, as amended, and Missouri Public Service Cammisaoa rubs, b. The unit when mnmplete shall haw a minimus width drat lea thaw twen- ty-fawr (24) foundation fed as mea- aured at all points perpendicular to the knelhtitheaanullscb adbane. .loch *hull net be les than forty- two (42) foundation het. This stan- dard is intended to restrict units to the type which are bcouCht to the site in parts, typically two (21 halve, and at least one thousand aght (1.008) square feet minimum. c. All wheels, sprinea, ase.. behts. and lowing apparatus span be remised. 1968 (AVE C.IRARDEAw WOC GW er for seotdamial in eembissMil" with sMp Vineeoater anew as set forth in section 30-31. The dowMp.sA plan dull be r*(erved to tin plan- eleg cad SominC aeamiesiar to, study and report. Approval shall be ros drteald upas W—C. Cod- ing*Waldwprepas 4 community user plan aee4 tie SM@ ling lwmditieao: (til 71st the proposed development Of any '6P ptamsed commercial district te- daded as a pan tithe pian complies with the regulations for those districts as act forth fa section 30431. a) That the aAdiam .Sha than those le- Cmad within a 'C4' district. located La 14 arca shall be used only for one-4mily dweBioee, twatsmay dwellings, x multi- ple dwetliap and the usual necessary uses nth as prorate or Parkme Carates, .tsraCe .peas and for commumuty ndivi- lim, htdedine churches and schools. C31 Unit the average lot area Per 4mily con- tised b the siu, assdusive *( the area oompied by a'C-C district car by streets, wO sat be less thea the lot ars per foseiy required in the district in which WO dowdepmset M haled. N) That the as M adaptable to complete OOmzsumky development, being bounded by S"JW Ihaowthfiros. •troets, rall- 000ds, or other *WAmA barring, and In- go— as possible wkh" a a4w Ow o"Ware adeadiae thresh h the Paden. wary otherphydd fmtae which would Good M bapair dw mdchber6sed or cam- arafbmbsot emsm• 461 764 as neve thea tweaq-Cm (IS) Per - amt d ds Cane area, of the pr*" be doweled Y a V. -t' dt.trld and dust ere neva tai w e601 l avast efthe poen sea el Wa pesrod ionated M a aiaCk- tanBy dis(&U be devoted to aaMlple. filly dw~. do Thal asfideat area M ward fx sere- aUmd a" Odaafbad fidillm N most GlnaesisSfthSaaYdptudptpab(iea car as dedesu lod M Are mnpralseasiw Plan. (71 Thal property s4acent to the area in eluded in the plan will not be adversely affected and to this and. We city council may sequins, in the absence d any appro- priate physical barrier, that uses or least interui(y or a buffer of Open nPsce - Oeeeaine be amnfed alone the borders of the Ptded- (S) ThOt We plan is consistealwith the intent and purposes of this dhaPtar to Pcorsae public bealth, safety. moats. And geeeral wolf n (f) Ifthecity council zPpnvuOwplans. build- ing Permits usd eertifieatas Of ow up—W ashy be Issued, even though the use of the Med and thhe location and bekht e(buWmp to be eresud m the ane and the yards and Span Apace eootes"" pbstad by the Pion do are mwnfom lo all respects to the district vegetations *( the district In which It M located. (g) M application for a special sou Permit undo this and- nay be made and proorsud .g.espo us.isly with a pmposed amendment Of the district in which such site lies. W A OpacW we permk dud automatically ,Pin wpm the figure to develop the we of Ow Mend for which the spend oas Pm ea ben been ko cad N the we is not developed within twelve (W asanths soler the Peak has base know OI in the event We use tithe Mad for which a. special use Peak bas been lsamd Is diseou- tiased fora perw dens (I)ysar,"the spacial ems pormk"automatically espha Ord. W- 76(d {�1 _: Me. 66k IW. Art 91. IL1949i Ofd. No. 9/5. arta. 4.6.4-14,W. Ord_ us. 942, art. S. 1-1441: 04. pin. IOC... at I. 9.1441. Ord. No. 1227, eel S. /4142; Ofd- Ne. 1419. art 2. 12.20.92: Ord. Ne. 1624, arts, 2.3. 6.1494; Old. Me. 1551. seta. C. d. $2041: Ord. No, 1730. at 2.9.1945; Ord. N& IM ants. 6, C. $144$ Ord. no. 1901. WL 1.24046; Ord. Ne. 5060. aL L /i-14.96: Ord. Ne. SM ane. 1, 4- 14147; Ord. tin. lift. ass. 2.1$20.97: Ord. He. 2260, ars. L 1420471 Ord. Ne. )467. art. I. 2-14491 W tla watt assist be pnaawevN(y 64- sta6ed M a Properly doolrbsd, as- elosed fsmadatise gates M asaev- daan car" We BOCA National 50"SC Code. .. Orisutatba d We asaufaebted hesrLaC unit an the W shall conform b the ease orientation as the sea- ysrity of conventionally atilt atrw- Wres in the immediate area (within three %.*drat (3001 feet). EaaaPle_ Front doer to front lot line, rear door to roar lot line. f. Reef aunt be a pbk w hip [oaf dot least three (3) In twe)re (12) pitch - Cresta and sea with aateris1 that M residential in sPPsaranee, including, but act limited to ap- proved woad, asphalt composition es fdwclaa d irWes, but esdudiaeeo- rueated aluminum, earwcated fber- glam, w avetal roofs: evoept for per- mitted deck areas, all madructuus dull puv(de an care projection e(no leas than sir (6) inches and no Creaur thaw thirty (30) inches. g. E.1-ior aidi.0 es covering shall be of a type. quality and oppeannce customarily used on eon entionally built homes. h. The la shall be provided with a hard surra (noteacthm in stun) dmn way not los than carne (9) feet wale with side -yard parking sufficient for the placement d at least two (2) vehicles. t A minimum of dehte m (18) inches *(crawl span under the eatin man- ufad.uned home shall be maintained. j. Feraoanent sups shall be set at all enteral a dls with appropriate hand- nik and/or Cuard rails. k. 11K unit &hall be «rrcd by a wt" supply and sewage disposal sydevo in accord— with the Interatioaal Plumbing Code, as curiently odoPW by the city. S,." Na. 20 1969 I nem L 7M aA AM be tltased any ea alar, UW 6 In K.bW tSpltbel 2 ;h We Sall a. Asysdta0ntfaseaal•BBI `tl mltfotm M OR ttpplicak , cad .abai b)w.tdr..eaa MA, .ear pertinent adtasase k effect at the tires of iedeLLatba car esmolcudhon, including media& eequ4 caserr s. 1381 Halfway beuap for the tehobilitation of adnh pereop who on prbooess or forme+ prisoners. may only be bald in C-1. C-2, C43, Md. M4, loud A-1 srsss, and, if appnwd. an ottbject to the following additional coeditlem a. One (1) pmbhsC space for every four (4) residents, including stag —i- dents. b. ILS proposed facility shall provide appropsiate and unnamable security c The facility shall have no estaior e.idenoc of such use and m sign dvertiang such nae. d. At 16e time Of 4WW- i approval, if the proposed 4caity h to be located within five hundred (SM) feet of another arch faanty, public, private W pam&W school, group home for adults m juveniles. stud -C red or mmmdesoent berme (a Wa). eW Idrens ornery err WatdinC home, dry care center, residential saooe,. edstin6 res - Use. or ...,.y.V for the acr- U ft or physically handicapped, the dW oa..9 W sequin arch admh- 6.9 aosditiosa en the sped*( see permit as it feels an 600 001317 to aisimiro the effect of the proposed one on the eursasdieg Prgpctka e. ILS appGunt shall demonstrate that then shall be no negative impact m property quits five hundred (600) feet of the proposed fad)ty (391 Mictuor,wer, or. pub brewery La •'C.2', ^CJ',w *M -I district_ (e) Cionumakt —it fdan. elle owner of any Chadseland mayvel peumttef�trod(or-sdWe P—k- the we and devdopnmen 19 r) BILL NO. 2000-107 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 801 GOOD HOPE STREET, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-4 AND C-1 TO R-4 WHEREAS, the City Planning and Zoning Commission has recommended that all of the property described in Article 1 of this ordinance should be rezoned from R-4, Multiple Dwelling District and C-1, Local Commercial District to R-4, Multiple Dwelling 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 public hearing was held on Monday, May 1, 2000; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 from R-4, Multiple Dwelling District and C-1, Local Commercial District to R-4, Multiple Dwelling District; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present R-4, Multiple Dwelling District and C-1, Local Commercial District to R-4, Multiple Dwelling District, for the following described property: All of Lots 55, 57, 58, 71, 72, and part of Lot 56, Range "H", in the City of Cape Girardeau, Missouri, described by metes and bounds as follows: Beginning at the Northwest Corner of said Lot 58 of said Range "H"; thence South 830 15' 21" East, along the Southerly Right -of -Way Line of Good Hope Street, 379.50 feet to its intersection with the Westerly Right -of -Way Line of Ellis Street; thence South 060 44' 39" West, along said Right -of -Way, 162.20 feet to a 1/2" Iron Rod at the Northeast Corner of a Tract of Land found in Book 474 at Page 514 of the Land Records of Cape Girardeau County, Missouri; thence North 830 22' 00" West, along the North Line thereof, 86.55 feet to a 1/2" Iron Rod; thence South 060 48' 00" West, 63.10 feet to a 1/2" Iron Rod; thence North 830 09' 00" West, 111.13 feet; thence South 060 48' 38" West, 223.23 feet to the Northerly Right -of -Way Line of Morgan Oak Street; thence North 830 09' 00" West, along said Right -of -Way, 181.50 feet to its intersection with the Easterly Right -of -Way Line of ; g Pacific Street; thence North 060 44' 39" East, along said Easterly Right -of -Way, 448.15 feet to the Place of Beginning, in the City and County of Cape Girardeau County, Missouri. ARTICLE 2. The City Council hereby finds and declares that the property described in Article 1 hereof is at the present time particularly suitable for the purposes and uses of R-41 Multiple Dwelling 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 , 20 ATTEST: Gayle L. Conrad, City Clerk A. M. Spradling, III, Mayor 0►: r) BILL NO. 2000-108 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO PHILLIPS DEVELOPMENT CORPORATION AND CHERRY WOOD HEIGHTS ONE LIMITED PARTNERSHIP, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A COMMUNITY UNIT PLAN FOR APARTMENTS AT 801 GOOD HOPE STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Phillips Development Corporation is the owner of certain property in the City of Cape Girardeau, on which Cherry Wood Heights One Limited Partnership desires to construct, maintain and operate a community unit plan for apartments; and WHEREAS, the proposed location of said community unit plan is 801 Good Hope Street, which property is presently zoned R-4, Multiple Dwelling District; and WHEREAS, a Special Use Permit is required for said use in an R-4 zone; 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, fire hazards or 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 purposes of constructing, maintaining and operating a community unit plan for apartments, on the following described property: All of Lots 55, 57, 58, 71, 72, and part of Lot 56, Range "H", in the City of Cape Girardeau, Missouri, described by metes and bounds as follows: Beginning at the Northwest Corner of said Lot 58 of said Range "H"; thence South 830 15' 21" East, along the Southerly Right -of -Way Line of Good Hope Street, 379.50 feet to its intersection with the Westerly Right -of -Way Line of Ellis Street; thence South 060 44' 39" West, along said Right -of -Way, 162.20 feet to a 1/2" Iron Rod at the Northeast Corner of a Tract of Land found in Book 474 at Page 514 of the Land Records of Cape Girardeau ( County, Missouri; thence North 830 22' 00" West, along the North Line thereof, 86.55 feet to a 1/2" Iron Rod; thence South 060 48' 00" West, 63.10 feet to a 1/2" Iron Rod; thence North 830 09' 00" West, 111.13 feet; thence South 060 48' 38" West, 223.23 feet to the Northerly Right -of -Way Line of Morgan Oak Street; thence North 830 09' 00" West, along said Right -of -Way, 181.50 feet to its intersection with the Easterly Right -of -Way Line of Pacific Street; thence North 060 44' 39" East, along said Easterly Right -of -Way, 448.15 feet to the Place of Beginning, in the City and County of Cape Girardeau County, Missouri. is hereby granted to Phillips Development Corporation and Cherry Wood Heights One Limited Partnership, to be effective ten (10) days after the date of passage and approval of this ordinance. The special use must 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 as Exhibit "A", 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 as Exhibit "B" and incorporated herein by reference is the formal Findings and Conclusions of the City Council. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk 20 SPECIAL USE PERMIT Phillips Development Corporation, 1501 North University, Suite 740, Little Rock, Arkansas 72207 and Cherry Wood Heights One Limited Partnership, c/o Phillips Development Corporation, 1501 North University, Suite 740, Little Rock, Arkansas 72207, are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a community unit plan for apartments, on the following described property for an indefinite period of time: All of Lots 55, 57, 58, 71, 72, and part of Lot 56, Range "H", in the City of Cape Girardeau, Missouri, described by metes and bounds as follows: Beginning at the Northwest Corner of said Lot 58 of said Range "H"; thence South 830 15' 21" East, along the Southerly Right -of -Way Line of Good Hope Street, 379.50 feet to its intersection with the Westerly Right -of -Way Line of Ellis Street; thence South 060 44' 39" West, along said Right -of -Way, 162.20 feet to a 1/2" Iron Rod at the Northeast Corner of a Tract of Land found in Book 474 at Page 514 of the Land Records of Cape Girardeau County, Missouri; thence North 831 22' 00" West, along the North Line thereof, 86.55 feet to a 1/2" Iron Rod; thence South 060 48' 00" West, 63.10 feet to a 1/2" Iron Rod; thence North 830 09' 00" West, 111.13 feet; thence South 060 48' 38" West, 223.23 feet to the Northerly Right -of -Way Line of Morgan Oak Street; thence North 830 09' 00" West, along said Right -of -Way, 181.50 feet to its intersection with the Easterly Right -of -Way Line of Pacific Street; thence North 060 44' 39" East, along said Easterly Right -of -Way, 448.15 feet to the Place of Beginning, in the City and County of Cape Girardeau County, Missouri. This Special Use Permit is granted upon the condition that the Applicant be bound by all City Ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicant to comply with these special conditions, the Special Use Permit will automatically terminate and the City of Cape Girardeau shall have the right to enter upon the land to abate such special use. 1. Additions or modifications from the original building permit must be approved by the City Council. 2. Special use shall meet all applicable zoning regulations. EXHIBIT A 3. This Special Use Permit shall automatically terminate in twelve (12) months upon the failure to develop the use of the land for which the Special Use Permit has been issued. 4. This Special Use Permit is not transferrable without consent of the City Council. IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of , 20 . Michael G. Miller City Manager ATTEST: Gayle L. Conrad City Clerk STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 20 , before me appeared Michael G. Miller, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. My Commission Expires: October 8, 2000 Delores G. Needham, Notary Public EXHIBIT A r) CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of, the Cape Girardeau City Council considered the application for Special Use Permit dated 3/27/2000 filed by Phillipa nevelopment Corporation and Cherry Wood Hp One Limited for the property located at A01 Good Hone Street in rapp .i rardea u,Missouri for apartments - In . m -. In examining this application, the following factors were considered and found as noted: Yes No N/A City rounril Findings: The Proposed Special Use Permit, 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 6. Be in conflict with the comprehensive city plan 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 30-39 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 attached Special Use Permit (SEAL) ATTEST: City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Mayor EXHIBIT B (IF DENIED) CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , the Cape Girardeau City Council considered the application for Special Use Permit dated 3.197/2000 filed by Phillips DPvpini mpnt Cnrporat;on and Cherry Wood Heights One Limited Partnership for the property located at 801 Cood Hopp Strppt in Cape GirardeaL, Missouri for the purpose of const-rurt-incl, maintaining and operating a rnmmunity-11-Fit Pla-n fnr apartments - In -• In examining this application, the following factors were considered and found as noted: Yes No N/A City Council Findings: The Proposed Special Use Permit, 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. 6. Be in conflict with the comprehensive city plan 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 30-39 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 attached Special Use Permit (SEAL) ATTEST: City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Mayor It CITY OF CAPE GHURDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Rezoning and Special Use Permit Recommended Action: That the request of Phillips Developrn--nt Corporation and Cherry Wood Heights One Limited Partnership to rezone 801 Good Hope Street from R-4, Multiple Family Residential District, and C-1, Local Commercial District, to R-4, Multiple Family Residential District, and for a Special Use Permit for a Community Unit Plan for apartments be recommended for approval. Vote Count: Favor — 6 Oppose — 0 Abstain — 0 Date Recommendation Made: April 12, 2000 List the time period, ownership, size, design, or other limitations recommended: Comments: This is the end result of a year's work. The old hospital building, which is condemned, will be demolished, and 44 rental units plus 1 manager's unit will be constructed on the site. Citizens in attendance at meeting: Rick Pierce — representing the applicants Se retary CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning 29 OR Special Use Permit W File No. 953 Address of Property 801 Good Hope Sfrrec+ CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? 2. Is plat sufficient? 3. Will intended use conform to requested zoning`? 4. Has intended use already commenced? 5. Comments: Yes 7 c6 AJO City Planner/ Development Services Coordinator Date r ............................................... ■ ............................ 0 ■ l CITY ATTORNEY 1. Is legal description sufficient? \ �� 2. Will intended use conform to requested zoning? 3. Can requested Special Use Permit be legally granted? 1 �' 4. Comments: *MAGIER�R�EFERRAL Date LANNING AND ZONING COMMISSION: V -V - City Manager, Michael G. Miller Date ............................................... ■ ............................. ■ PLANNING SERVICES STAFF: I . Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date Revised 4n1i1998 W City of Cape Girardeau, Missouri Application For Rezoning - 10 OR Special Use Permit - Date Received in Planning Services Office: 3-a7_()() By: c SECTION A 1. Description of the project: Current: Old St. Francis Hospital Building. Proposed: 45 -Unit apartment complex consisting of five buildings on the 2.75 acre site. 2. Street address of tract (or other location description): 801 Good Hope Street Cape Girardeau, Missouri 3. Names and addresses of all legal owners of tract: Phillips Development Corporation 1501 N. University, Suite 740 Little Rock, Arkansas 72207 4. Present zoning classification: R-4 ( Lots 56, 57, 58, 71 and 72 ) and C-1 ( Lot 55 ) 5. Requested new zoning classification: R-4 (All) 6. Requested special use: Community Unit Plan; Five Buildings (Three two-story, two one-story) are to be built on the site according to the attached site plan. 7. Person handling this application (name, address, phone number): Elizabeth S. Small/Richard Pierce Phillips Development Corporation 1501 N. University, Suite 740 Little Rock, Arkansas 72207 (501) 666-9629 8. If tract is to be transferred, name and address of intended owner: The property will be transferred to Cherry Wood Heights One Limited Partnership of which Phillips Development will be the General Partner. Page 2 9. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): NaDate Name Date 0 o� 4PSIDE.NT,"'PHILLIPS DEVELOP RPORATION SECTION B Legal description of tract: All of Lots 55, 57, 58, 71, 72, and part of Lot 56, Range "H", in the City of Cape Girardeau, Missouri, described by metes and bounds as follows: Beginning at the Northwest Comer of said Lot 58 of said Range "H"; thence South 83° 15' 21" East, along the Southerly Right -of -Way Line of Goodhope Street, 379.50 feet to its intersection with the Westerly Right -of -Way Line of Ellis Street; thence South 06° 44' 39" West, along said Right -of -Way, 162.20 feet to a 1/z" Iron Rod at the Northeast Comer of a Tract of Land found in Book 474 at Page 514 of the Land Records of Cape Girardeau County, Missouri; thence North 830 22'00" West, along the North Line thereof, 86.55 feet to a '/Z" Iron Rod; thence South 06° 48' 00" West, 63.10 feet to a 1/2" Iron Rod; thence North 83° 09' 00" West, 111.13 feet; thence South 06° 48' 38" West, 223.23 feet to the Northerly Right -of -Way Line of Morgan Oak Street; thence North 83° 09' 00" West, along said Right -of -Way, 181.50 feet to its intersection with the Easterly Right -of -Way Line of Pacific Street; thence North 06° 44' 39" East, along said Easterly Right -of -Way, 448.15 feet to the Place of Beginning, in the City and County of Cape Girardeau County, Missouri. W Page 3 2. Attach to this application a scale plat of the tract, on an 81/2 by 11 inch sheet of paper, showing the following: a. All boundary dunensions. b. All adjoining streets and alleys. C. All present improvements. d. All intended improvements. e. All adjoining and cornering property lines and references to all owners listed in Section C. f. Zoning classification of all adjoining and cornering property. Please See Attached. 1. List names and addresses of ALL adjoining landowners. Include land which corners on tract or which is across streets or alleys. Please See Attached. Nip Kelley Investment Company Property: 317 S. Ellis 410 William Street Cape Girardeau, Missouri 63701 Board of Regents, Southeast Missouri State University Property: 319 S. Ellis Cape Girardeau, Missouri 63701 Carl & Laverne Gross Property: 321 S. Ellis 321 S. Ellis Cape Girardeau, Missouri 63701 Orville Meyer Property: 325 S. Ellis 325 South Ellis Cape Girardeau, Missouri 63701 John B. Davis Property: 329 South Ellis 329 South Ellis ) Cape Girardeau, Missouri 63701 Vr Keith L. Monia and Tammy L. Monia Property: 401 South Ellis 40 North Main Cape Girardeau, Missouri 63701 Pure Ice Company Property: 314 South Ellis 314 South Ellis Cape Girardeau, Missouri 63701 Austin G. Harter, II and Richard A. Harter Property: 320 South Ellis 320 South Ellis Cape Girardeau, Missouri 63701 James E. Palmer Property: 322 South Ellis 1739 N. Kingshighway Cape Girardeau, Missouri 63701 Steven F. Spurgeon & Carol S. Spurgeon Property: 338 South Ellis 338 South Ellis Cape Girardeau, Missouri 63701 John R. Knoblauch & Glenna K. Knoblauch Property: 344 South Ellis Rt. 3 Box 10 Fredericktown, Missouri 63645 L.B. & Virginia Seabaugh Property: 814 Morgan Oak 425 N. High Jackson, Missouri 63755 Dorothy M. Sigmund, Trustee of the Dorothy M. Sigmund Revocable Living Trust Catherine Braun Jordan, Trustee of the Catherine B. Jordan Revocable Living Trust Property: 843 Morgan Oak 423 N. Louisiana Cape Girardeau, Missouri 63701 Herbert Huggins and Margy Huggins Property: 839 Morgan Oak 1409 Bloomfield Cape Girardeau, Missouri 63701 James D. Niswonger Property: 835 Morgan Oak P. O. Box 14 Cape Girardeau, Missouri 63702-0014 Jerome J. Seyer and Brenda J. Seyer Property: 824 Good Hope 419 Broadway Cape Girardeau, Missouri 63701 Ted R. Coalter and Debbie Coalter and Jason S. Coalter Property: 822 Good Hope 101 E. Main, Suite 400 Louisville, Kentucky 40231 Thomas M. Meyer and Mary E. Meyer Property: 816 Good Hope P. O. Box 660 Cape Girardeau, Missouri 63701 Ted Richard Coalter and Debbie A. Coalter Property: 812 Good Hope P. O. Box 251 Cape Girardeau, Missouri 63702-251 FGR Mechanical, Inc. Property: 802 Good Hope 1572 Howell Street Cape Girardeau, Missouri 63701 Frances J. McClellan, Trustee of the Frances J. McClellan Revocable Living Trust Property: 711 Good Hope 1981 Bella Vista Drive Jackson, Missouri 63755 Herbert Huggins and Margy Huggins Property: 401 South Pacific 401-403 South Pacific Cape Girardeau, Missouri 63701 Carl Wilson and Freddy Wren Property: 403 South Pacific 730 N. Spanish Cape Girardeau, Missouri 63701 Herbert Darryl Huggins and Paula Huggins Property: 401 South Pacific 28151ndependence Cape Girardeau, Missouri 63701 Gilbert Winschel Property: 317 South Pacific P. O. Box 371 324 William Cape Girardeau, Missouri 63701 Wanda L. Wright, Trustee for the Wanda L. Wright Revocable Trust Property: 319 South Pacific 319 South Pacific Cape Girardeau, Missouri 63701 Electa Norene Maevers Property: 906 Bloomfield 321 S. Pacific Cape Girardeau, Missouri 63701 w" w n Fort Hope Apartments BACK, CORLD'&OwFNS. PDA ❑00ARCIiTi F�fs Chary wood Flcithu (tae t—wd P�—.Wp �`.o�irc a o nw.«wo u'e'rta'on�c 'or, C Cpe (` nrduu, ATisram 1 P�CFlC STREET ° cn ..� S° ¢° E -------- -- -- ---------- --- - -- - ----- -- -- -- ----- - B — 114" 1 rF s'1tlIW1 v^ - T11 -F �1 ... i 1 4 - E J ELL6 STREET Fort Hope Apartments BACK, CORLD'&OwFNS. PDA ❑00ARCIiTi F�fs Chary wood Flcithu (tae t—wd P�—.Wp �`.o�irc a o nw.«wo u'e'rta'on�c 'or, C Cpe (` nrduu, ATisram 1 or.. _W O BJESONSOON ��ff�. 1111 mmmmJillon Ila grow��;,III, BMW ■OR ..MEN m �� a mum Page 4 2. With this application, the application must deliver to the Planning Services Division a stamped, plain business envelope addressed to each of the individuals listed in Section C, No. 1, of this application. Please See the Enclosed. SFCTION D 1. State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. The existing structure will be demolished, and 44 apartments will be developed on the site. An office/laundry/maintenance building will also be built; Family Resource Center will provide neighborhood services to the surrounding area through the use of our Community Room facility. 2. If this is an application for a special use permit, state the limitations you offer to put on the permit relating to time period, tract ownership, size and design of improvements to be constructed. r) Please see below. 3. Is a transfer of ownership of the tract dependent upon the approval of this application? Yes 4. Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract? If so, give the date and state the prior action taken. None known. Answer to Section D, #2: The special use permit allowing multiple buildings on the site would be a permanent addition to the Property, similar to zoning. It will remain in force through any subsequent sale(s) of the Property. The Property will be owned by Cherry Wood Heights One Limited Partnership, of which Phillips Development Corporation will be the General Partner. Phillips Development intends to retain ownership of the Property for a minimum of 15 years. The improvements to be constructed will consist of 44 apartment units in four buildings, plus an office/laundry/maintenance building which will also contain the on-site Manager's apartment and a community room of approximately 1,000 square feet. Three of the buildings will be two-story walkup style; the office and remaining residential building will be single story. Exteriors of the buildings are to be finished in neutral colored vinyl and brick wainscoat for reduced maintenance. The total structures will contain no more than 45,000 gross square feet on the 2.75 acre site. The design of the buildings will be in accordance with all applicable building codes, including necessary seismic calculations. Page 5 V" SECTION E 1. State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. 1. The entire parcel is consolidated under one zoning classification (R-4). 2. The Rezoning and Use Permit will allow for the redevelopment of the site; the existing building has been vacant for 15 years. 3. The redevelopment will provide 44 new apartments to the downtown area and will hopefully lead to further revitalization efforts. Revised 11/30/98 2 GOOD HOPE STREET --< il> v 1 SET H w CIO a a w Title: Old Saint Francis Hospital I Date: 03-29-2000 Scale: 1 inch = 80 feet I File: Old Saint Francis Hospital.des Tract 1: 2.768 Acres: 120559 Sq Feet: Closure = n02.2155e 0.01 Feet: Precision =1/245809: Perimeter = 1655 Feet 001=s83.1521e 379.5 004=s06.4800w 63.1 007=n83.0900w 181.5 002=s06.4439w 162.2 005=n83.0900w 111.13 008=n06.4439e 448.15 003=n83.2200w 86.55 006=s06.4838w 223.23 5 —7 ° '` � :•.:?.1r• {�-•;ice. � . , w ` `�i�7 ..{��.; , - 1 s..`�±• � ." • " moi• : � Wit ,• 4'�y ,g ,• +,5; 00 elm jaw , g� ♦ • " � • 'F � .r•: i.Y %-�. !4, ..x:�,,wgf i • � t � fi-d:/ ` A� ��yi! � + wo �'+ ,r ; , 6 • � • ' 4, . �•� j- ~t'�'^ s'• �, ^.fir �`�'���7 `•r :t'��•c.: � � � . K t �`�• `'.� -�. •� ,L� Pati ,t.. a :. it V'�{{��•.<. f '.Tri \• .�,. ''y + ,f Y'•t V.- -,% IV MAR gC 77� E7IA 51 � lA. r��CLA �{ "`` ^' AA � N'O'j Rr lN. � �Y 511v AN 1 A (� � � QP J LYORCIA 5T. YI Y' gj W. EBNA Y g LAWANDWA< AN A 51. Si. 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CORPORATE r RINE H L ST � POPLAR ST. \ COOPER ER ST \ \ \ CITY OF CAPE GIRARDEAU, MISSOURI 0 Office of the City Manager Council Letter No. 148 Agenda May 1, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Request for Rezoning of a Lot in the 400 Block of Olive Street This agenda item calls for the holding of an advertised public hearing on the request of Larry McCulley and Betty McCulley to rezone a lot in the 400 block of Olive Street from R-2, Single Family Residential District, to R-4, Multiple Family Residential District. The Planning and Zoning Commission recommended approving this application at its meeting on April 12, 2000, by a vote of 6 in favor, and none in opposition. There was one citizen present in opposition to this request. It is recommended that the City Council hold the advertised public hearing. Attached for first reading consideration is an ordinance which would authorize the rezoning from R-2 to R-4. Respe tfully submitted, A,///- ;L1 k Bratton of Planning Services Michael G.44 City Manager 0 KBM/MGM/rlf r) BILL NO. 2000-109 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF THE 400 BLOCK OF OLIVE STREET, SOUTH SIDE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-2 TO R-4 WHEREAS, the City Planning and Zoning Commission has recommended that all of the property described in Article 1 of this ordinance should be rezoned from R-2, Single -Family Dwelling District to R-4, Multiple Dwelling 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 public hearing was held on Monday, May 1, 2000; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 from R-2, Single -Family Dwelling District to R-4, Multiple Dwelling District; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present R-2, Single -Family Dwelling District to R-4, Multiple Dwelling District, for the following described property: The North 130 feet of Lot Eighty -Three (83) in Range "P" of Ingram's Addition to the City and County of cape Girardeau, Missouri, as laid down on the map of said Addition as recorded in Plat Book 1 at Page 6. ARTICLE 2. The City Council hereby finds and declares that the property described in Article 1 hereof is at the present time particularly suitable for the purposes and uses of R-4, Multiple Dwelling District, and that such changes authorized hereby are reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. W ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad, City Clerk 20 . CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Rezoning Recommended Action: That the request of Larry McCulley and Betty McCulley to rezone a lot the 400 biock of Olive Street from R-2, Single Family Residential District, to R-4, Multiple Family Residentia'. District, be recommended for approval. Vote Count: Favor — 6 Onrjose — G Abstain_ — C Date Recommendation Made: April 12, 2000 List the time period, ownership, size; design, or other limitations recommended: Comments: Citizens in attendance at meeting: Larry McCulley — applicant: Pero Yaremko — 929 North Fountain Street r Secretary W CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning OR Special Use Permit ❑ File No. 9,5q Address of Property `iOC Bloc.k 0IiyP S+regi+ CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? 2. Is plat sufficient? 3. Will intended use conform to requested zoning? 4. Has intended use already commenced? 5. Comments: / 1D City Planner/Development Services Coordinator Date .. ............................................. ............. .................. CITY ATTORNEY: 1. Is legal description sufficient? 2. Will intended use conform to requested zoning? 3. Can requested Special Use Permit be legally granted? 4. Comments: City Date CIT7MNAGER REFERRAL TO PLANNING AND ZONING COMMISSION: y Manager, Mich-ett'G-. Miller �"/ -6 ) Date ■ ............................ ................. ■ ■ ............................. ■ 1 PLANNING SERVICES STAFF: 1. Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date [ttvLsed 4/21/1998 City of Cape Girardeau, Missouri Application For Rezoning - ® OR Special Use Permit - ❑ Date Received in Planning Services Office: 3 -A 8 -00 By: �r�rvmr��r 1. Description of the project: Proposed apartments, twelve one-bedroom/one-bath units with off-street parking. 2. Street address of tract (or other location description): 400 Block of Olive Street, south side of street. 3. Names and addresses of all legal owners of tract: PBM, L.L.C. Larry McCulley, Managing Member, 805 Sharon Ln. Cape Girardeau, MO Betty McCulley, Member, 200 Franks Ln. Cape Girardeau, MO 4. Present zoning classification: R-2 Single Family Dwelling 5. Requested new zoning classification: R-4 Multi -Family Dwelling 6. Requested special use: Not Applicable 7. Person handling this application (name, address, phone number): Larry McCulley, 805 Sharon Ln. Cape Girardeau, MO 63701, (573) 334-9010 8. If tract is to be transferred, name and address of intended owner: Not Applicable n Page 2 9. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): Name Date Name Date SECTION B Legal description of tract: The North 130 feet of Lot Eighty -Three (83) in Range "P" of Ingram's Addition to the City and County of Cape Girardeau, Missouri, as laid down on the map of said Addition as recorded in Plat Book 1 at page 6. W" 0 Page 3 W 2. Attach to this application a scale plat of the tract, on an 8'/z by 11 inch sheet of paper, showing the following: a. All boundary dimensions. b. All adjoining streets and alleys. C. All present improvements. d. All intended improvements. e. All adjoining and cornering property lines and references to all owners listed in Section C. f. Zoning classification of all adjoining and cornering property. cF.CTION C 1. List names and addresses of ALL adjoining landowners. Include land which corners on tract or which is across streets or alleys. List follows on next page. W Section C 1. (continued) Subject Property (400 Block) Olive St. Cape Girardeau, MO Parcel ID Number: 16-719-00-03-00900 Charles A. and Costella Patterson 510 Olive St. Cape Girardeau, MO Mailing Address: Same Parcel ID Number: 16-715-00-17-00900S0002 William W. Patterson 920 N. Middle St. Cape Girardeau, MO Mailing Address: Same Parcel ID Number: 16-715-00-18-00300 Edna V. Sitzes 400 Olive St. Cape Girardeau, MO Mailing Address: 3114 Timmar Ln. Cape Girardeau, MO Parcel ID Number: 16-715-00-18-00400 Peter and Mary Yaremko 929 N. Fountain St. Cape Girardeau, MO Mailing Address: Same Parcel ID Number: 16-719-00-03-00100 Douglas Dowling 917 N. Fountain St. Cape Girardeau, MO Mailing Address: Same Parcel ID Number: 16-719-00-03-00300 Darrel and Janine Hobbs 915 N. Fountain St. Cape Girardeau, MO Mailing Address: Same Parcel ID Number: 16-719-00-03-00400 F. Donald and Sarah Reder 909 N. Fountain St. Cape Girardeau, MO Mailing Address: Same Parcel ID Number: 16-719-00-03-00500 Billy Buck 901 N. Fountain St. Cape Girardeau, MO Mailing Address: Same Parcel ID Number: 16-719-00-03-00600 Charles D. Butler 424 Mason Cape Girardeau, MO Mailing Address: 1736 Brookside Blvd. Jefferson City, MO Parcel ID Number: 16-719-00-03-00700 Walter White 460 Mason Cape Girardeau, MO Mailing Address: Same Parcel ID Number: 16-719-00-03-00800 Clarence Dockery 501 Olive St. Cape Girardeau, MO Mailing Address: 1964 Bend Rd. Cape Girardeau, MO Parcel ID Number: 16-719-00-04-00100 1W 0 r) Page 4 2. With this application, the application must deliver to the Planning Services Division a stamped, plain business envelope addressed to each of the individuals listed in Section C, No. 1, of this application. CF.C'TION n 1. State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. Proposed apartments, twelve one-bedroom/one-bath units with off-street parking. (See attached site plan by Grojean Architects) 2. If this is an application for a special use permit, state the limitations you offer to put on the permit relating to time period, tract ownership, size and design of improvements to be constructed. Not Applicable 3. Is a transfer of ownership of the tract dependent upon the approval of this application? No. Not Applicable 4. Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract? If so, give the date and state the prior action taken. No. None. Page 5 SECTION E State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. The subject property is oriented towards the Olive Street/Middle Street neighborhood. This neighborhood suffers from average to poor maintenance and stagnation in property values. Platted Middle Street is not an actual through street on the west side of the subject property, and is not likely to be improved due to the steep topography. The house adjacent to the west of the subject property is in a flood hazzard area and is currently being torn down. The tract of land on the north side of Olive Street, due north of the subject property, is a wild ravine. Properties east and south of the subject property are single family residences, although at a much higher elevation. The subject property borders a large section zoned R-4 Multi -Family. So, the proposed zoning change is a continuation of the R-4 zone. The subject property is much lower in elevation than the R-2 zoned properties at the east and south of the subject property. This natural change in elevation provides a natural buffer between the subject property and neighboring R-2 zoned properties. The proposed apartments are a significant capital improvement to the neighborhood. The apartments are being designed by Grojean Architects and will be new construction that the neighborhood can be proud of The off-street parking will be self-sufficient and cause no street congestion. The new storm water detention will enhance the existing condition that is unrestricted. Residents of the City of Cape Girardeau will have more, newer and affordable places to live. Revised 11/30/98 0 ".11. *j�h i ��• t 4 �. `�f;f � f •� '• ,r � � �� `(,yam �• • _ J7^r, ci ;.. '•r: rP4.w�a•�C ..a Q.• +•i A't, r j r. r- Y • � � w • • � 1 � • {'1' iw '� ' � - s • ,,,,, r r \. . r . .nom i y M r >tS �atl,,,•). w �.�.i�r+ot: .i -7• �.r�i,:a • e i ��� ♦^...r*-� 'i � w 1a'•'• • +%F:}. vM ell•'+' r #- 30 N y'�`..t11. ryj� 4i•..�. {; r. c -.i ?lt'� ` { J If'�A ( :'T..a�� '.� .' ��� +•, y'a e'ie�.'1•wP.i'�,y,i�.i"l :'r t ��-�- iJ11� e•'r"'WT 1 � ��'q ^rmis'•,ru RI R . •tri � �l�' ,•a•^ 1� �J,',iaM 'f� i �}_ 4r ♦. :f .al'� .... •. P w � ), s. r..w � t .rAir,S a t S t ...,t )a" YI \ � ;r. 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I CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 14 9 Agenda May 1, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Request for Rezoning of the Northwest Corner of Elm Street and Beaudean Lane This agenda item calls for the holding of an advertised public hearing on the request of Second Baptist Church to rezone the northwest corner of Elm Street and Beaudean Lane from R- 2, Single Family Residential District, to R-4, Multiple Family Residential District. The Planning and Zoning Commission recommended approving this application at its meeting on April 12, 2000, by a vote of 6 in favor, and none in opposition. There were no citizens present in opposition to this request. It is recommended that the City Council hold the advertised public hearing. Attached for first reading consideration is an ordinance which would authorize the rezoning from R-2 to R-4. submitted, r �Z' - -/( Dire& of Planing Services ichael G. Mil City Manager KBM/MGM/rlf BILL NO. 2000-110 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF THE NORTHWEST CORNER OF ELM STREET AND BEAUDEAN LANE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-2 TO R-4 WHEREAS, the City Planning and Zoning Commission has recommended that all of the property described in Article 1 of this ordinance should be rezoned from R-2 Single -Family Dwelling District to R-4, Multiple Dwelling 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 public hearing was held on Monday, May 1, 2000; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 from R-2, Single -Family Dwelling District to R-4, Multiple Dwelling District; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present R-2, Single -Family Dwelling District to R-4, Multiple Dwelling District, for the following described property: The South 132 feet of the East 666.6 feet of Out Lot Numbered Forty-five (45) in the City and County of Cape Girardeau, Missouri, being further described as follows: Beginning at the Southeast corner of said Out Lot No. 45; run thence North 820 05' 00" West along the South line of Out Lot 45, 666.60 feet; thence North 70 03' 00" East, 132.00 feet; thence South 820 05' 00" East, 666.60 feet; thence South 70 03' 00" West, 132.00 feet to the point of beginning. Except that part which lies in Beaudean Street right of way. Subject to terms, conditions, restrictions and reservations of record, if any. ARTICLE 2. The City Council hereby finds and declares that the property described in Article 1 hereof is at the present time particularly suitable for the purposes and uses of R-4, Multiple Dwelling 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 , 20 ATTEST: Gayle L. Conrad, City Clerk A. M. Spradling, III, Mayor 2 CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Rezoring Recommended Action: That the request of Second Baptist Church to rezone the northwest comer of Elm Street and Beaudean Lane from R-2, Single Family Residential District, to R-4 Multiple Family Residential District, be recommended for approval. Vote Count: Favor — 6 appose — 0 Abstain — 0 Date Recommendation Made: April 12, 2000 List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens in attendance at meeting: Pastor Wiley Reeves — representing the applicants CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning ® OR Special Use Permit ❑ File No. 951 Address of Property A)or4hwes+ Corner Elm E Ren_udeQn CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? S 2. Is plat sufficient? a�5 3. Will intended use conform to requested zoning? 1' 4. Has intended use already commenced? 5. Comments: Z� !-1/4 City P anner/Development Services Coordinator Date CITY ATTORNEY: 1. Is legal description sufficient? 2. Will intended use conform to requested zoning? 3. Can requested Special Use Permit be legally granted? 4. Comments: City ttorney Date mows E ENE V" MANAQA�R REFERRAL TO PLANNING AND ZONING COMMISSION: Manager, Michael G. Miller PLANNING SERVICES STAFF: Gf--'� 0 Date 1. Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date Revised 4/21/1998 n n City of Cape Girardeau, Missouri Application For Rezoning - W OR Special Use Permit - ❑ Date Received in Planning Services Office: 3-a1-00 By: f4T d"gMT/lAT 1. Description of the project: Build a Church 2. Street address of tract (or other location description): 2 acres vac. lot @ Beadeau & Elm St. 3. Names and addresses of all legal owners of tract: Second Baptist Church P.O. Box 665 428 S. Frederick St. Cape Girardeau, MO 63701 4. Present zoning classification: R2 5. Requested new zoning classification: R4 6. Requested special use: Rezoning 7. Person handling this application (name, address, phone number): Lonnie Williford 3103 Dogwood Cape Girardeau, MO 63701 Home Phone: 573-334-9279 8. If tract is to be transferred, name and address of intended owner: It is not in our present plans to transfer this tract. Page;- R i 9. I STATE UPON, MY OATH THAT ALL THE INM AILED IN THIS APPLICATION IS TRUE. (Signatures of Atli` ri�f `` " j 1titi s and 8 above and date of signatures): Name Date Namebate Qc� 3— W, /P — EPA& AA 01WrmrnXr a 1. Legal description of tract: Lot @ Beadeau & Elm St. l 13364/ GENERAL WARRANTY DEED THIS INDENTURE, Made on the 27th day of May A.D., One Thousand Nine Hundred and Ninety -Nine by and between Carrie E. Warfield, a single person of the County of Cape Girardeau in the State of Missouri, Party of the First Part, and Second Missionary Baptist Church of the County of Cape Girardeau, in the State of Missouri, Party of the Second Part: (Mailing address of said first named grantee is Beaudean and Elm, Cape Girardeau, MO 63701.) WITNESSETH, That the said party of the First Part, in consideration of the sum of One Hundred Dollars ($100.00) and other good and valuable consideration to her paid by the said party of the Second Part, the receipt of which is hereby acknowledged, does by these presents, Grant, Bargain and Sell, Convey and Confirm, unto the said party of the Second Part its heirs and assigns, the following described Lots, Tracts or Parcels of land, lying, being and situate in the County of Cape Girardeau and State of Missouri, to -wit: The South 132 feet of the East 666.6 feet of Out Lot Numbered Forty-five: (45) in the City and County of Cape Girardeau, Missouri, being further described as follows: Beginning at the Southeast corner of said Out Lot No. 45; run thence North 820 05' 00" West along the South line of Out Lot 45, .666.60 feet; thence North 70 03' 00" East, 132.00 feet; thence South 820 05' 00" East, 666.60 feet; thence South 70 03' 00" West, 132.00 feet to the point of beginning. Except that part which lies in Beaudean Street right of way. Subject to terms, conditions, restrictions and reservations of record, if any. TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges, appurtenances and immunities thereto belonging or in anywise appertaining unto the said party of the Second Part, and unto its heirs and assigns, FOREVER, the said Grantor(s) hereby covenanting that she is lawfully seized of an indefeasible Estate in Fee in the premises herein conveyed; that she has good right to convey the same; that the said premises are free and clear of any encumbrance done or suffered by her or those under whom she claim(s), and that she will WARRANT AND DEFEND the title to the said premises unto the said party of the Second Part, and unto its heirs and assigns, FOREVER, against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the said party of the First Part has hereunto set her hand the day and year first above written. ce— Carrie E. Warfield IN State of Missouri ) )ss County of Cape Girardeau ) On this 27th day of May, 1999, before me Deborah L. Bess, a Notary Public, personally appeared Carrie E. Warfield, a single person to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official Seal in Cape Girardeau County, the day and year first above written. My Commission expi>; Notary Public DEBORAH L BESS NOTARY PUBUC STATE OF MISSOURI CAPE GIRARDEAU COUNTY MY COMMISSION EXP, AUG. 18,2000 V" W Page 3 2. Attach to this application a scale plat of the tract, on an 81/2 by 11 inch sheet of paper, showing the following: a. All boundary dimensions. b. All adjoining streets and alleys. C. All present improvements. d. All intended improvements. e. All adjoining and cornering property lines and references to all owners listed in Section C. f. Zoning classification of all adjoining and cornering property. Q (''TTnN ('' 1. List names and addresses of ALL adjoining landowners. Include land which corners on tract or which is across streets or alleys. Kaye S. Cook 1013 Elm St. Cape Girardeau, MO 63701 Gregory Allen Sparkman 5728 HWY 25 Gordonville, MO 63752 Alex Juden 112 Virginia Ave. Carterville, MO 62918 Southeast MO Halfway House 43 S. Lorimer Cape Girardeau, MO 63701 Dorothy M. Sigmund 418 S. Pacific Cape Girardeau, MO 63701 State of Missouri Page 4 MA 2. With this application, the application must deliver to the Planning Services Division a stamped, plain business envelope addressed to each of the individuals listed in Section C, No. 1, of this application. �F.(' ON D 1. State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. To build a church, ministering to the immediate area as well as other areas, therefore improving the area spiritually, socially, and morally. 2. If this is an application for a special use permit, state the limitations you offer to put on the permit relating to time period, tract ownership, size and design of improvements to be constructed. This application is for a rezoning permit. V 3. Is a transfer of ownership of the tract dependent upon the approval of this application? No. 4. Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract? If so, give the date and state the prior action taken. As officiers of Second Baptist Church, we are not aware of any prior application for rezoning for this tract. W Page 5 SECTION E State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. Second Baptist Church is seeking to build a modern and forger church to continue its ministry and teachings as it have for over 120 years. We feel that our ministry to the immediate area as well as other areas throughout the city of Cape will improve spiritual, social, educational, and moral values. Revised 11/30/98 C �� tet` 4 /. �^�. ,, ,�iy ♦ � �- )!� \�.�..1�'• rj."��. moi. W _`+4 T•1. iI C !�� ;y�.�`'1 !•e , t'f �;`j�'1 til: �� �� J' ���.. I'����H,, �. �..� �lr, •r;} `fi ••;"' 1� 1;ti?' � d�1Q : r1 �,. �'`' N• i ,Yv ��.. � irl:v. cv y { - .:, 40*4 .4lr , �ir('"f a •. �r r a y i-��• �+ r\�y� '� y� r.� t t\� •K ati f �' �r,. 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RUST K'h' Rr, NICILDRY Z I J ST. / BRENDA I RUSYAR S7 � KAY CT mNACKBERRY I I RD/SI uy ST y \ BOUNDARY I \ \ swTNErW' I � \ J LA \ \ BEEGI CRUZ ST � ^� � CORPORATE SI. ll / AR St y. H L ST POPL Q \ St OUDPER ST i CITY OF CAPE GULkRDEAU, MISSOURI Office of the City Manager Council Letter No. 15 0 Agenda May 1, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri RE: Request for Special Use Permit for Repair of Air Wrenches, Air Compressors, Pressure Washers, and Automotive Equipment and for Retail Sales of Parts and Equipment Dear Mayor and Council Members: This agenda item calls for the holding of an advertised public hearing on the request of Lonnie and Shirley Moss for a Special Use Permit for repair of air wrenches, air, compressors, pressure washers, and automotive equipment, and for retail sales of parts and equipment at 155 South Park Avenue. The property is currently zoned R-3. Certified copies of the following items are herewith presented as evidence in this public hearing for your consideration: 1. Section 30-39 "Special Use Regulations" from the City Code. 2. The Application for Special Use Permit. 3. The Application File. These items are attached to this letter and are included in your agenda packet. The Planning and Zoning Commission recommended approving this application at its meeting on April 12, 2000, by a vote of 6 in favor with none in opposition. There were no citizens present in opposition to this request. It is recommended that the City Council hold the advertised public hearing. Attached for first reading consideration is an ordinance authorizing this Special Use Permit. .ly submitted, R X� Bratton of Planning Services —7Michael G. Miller City Manager KMB/MGM/rlf Sae. 7041. Special was regulatiees. ZONING 430 tt (a) Sowed M as prerlaiss ofthts aattiss, the dly OMURA My by etdYnseoe en W own sasfien or sm appl(eatlsa grant a special nee permit for .peow a s e mm mud"this satin is any as berela gaa1lt6sd Use which as roes atlnsewMe plehibksd by this chapter. The sky aarrdt shaft Wpm appropriate conditions and safeguards for the issuance of the special Use percelt, which way Include a specified period of time far the permit, a limitation of the persons who way carry cut seen use, and limitations upon or requirements for the sin a design dbuildings and other inpesemen4 upon the property. all fa the purpose elprotecting the comprehensive plan and conserving and prelactin( property and prop- erty values in the neighbethood. (b) Applications for special use permits dull be wade and processed in the same marmer as provided in section 30.5 relating to applications fw district changes. (1) The city mural shall determine whether such building a use will: a. Substantially increase traffic haz- ards or congestion. b. Substantially increase fire hazards. c. Adversely affect the character of the neighborhood; err in respect W spe- cial use permits for dwelling pur- poses where requited, be adversely affected by the character of the neighborhood. d. Adversely affect the general welfare of the community. e. Overtax public utilities. f. Be in conflict with the comprolensivc city plan. (2) U the council's finding is negative as to all the subjects referred to in this subsection (bl, the application may be granted; if of fire ative the to any subject, then such per - wit shall be denied. (d Any proposed special use shall otherwise comply with all the regulations ad forth in this chapter for the district in which such use is lented, except that the city council may permit hospitals and Institutions to exceed the height limitations of such district. 1:6-39 CAPE GI Ittlln EAU Cont He structures awl be erected w rc- wain onany potion cillo bl c:rept as provided for under herr C. hereof. J. No signs dull be erected on Use park Ing ales except as approved by the city council. e. Parking ares shall be used for park- ing Pmau, private passenger -W- cles only and an charge dull be made Ow puking within such premises. f. 71he parking shall be act ludo in con- formity with the established a re- quired yards fa residential uses and, what a parking areaadjoin a dwell- ing roe, it dull have a minimum side yard often (10) feet. C. The parking area shall be suitably screened a traced. paved and drained, lighted and maintained free (debris. at) Any 'C' district use in an W district. 412) AR uses for which special use permits are required by other sections of thea regula- time. 411) Baldinga in trees. of the height and story requires—ta set forth in section 30-36 for 'R4' erd'02' didrids. provided side yards ase iorrraaed in width ane (1) foot for each (cot elheight that the building exceeds the h eight regulstioma cite district in which it is located up b • height of seventy-five (75) fed and t.aeafter se increase in aide yards shall be required for any height in excess of seventy-five (75) feel. Qe) Any `C district use in a more restrictive `C district. QilSmse,lyL.ua"l under Use fallowing "'R-3; 'R4' and 'C ,aa; only aenier dlhaas, handicapped or disablad Indieideale would be perwk- W u Each, pndK Or IJKbit units Jiwod under tote chapter. s. A P ..—" dew. PomMrty dia- pMysd, mud be p(noad on the building dsady labeling the structure the senior citizen housing, and also having there upon the ordinance number establish- ing the structure as senior citizen hous- ing. (26) Reserved. (27) Tlhe manufacture of commercial cooking and catering equipment in'CJ' districts. (28) Recycling in 'C.2,' 'C-3: 'I4-1' a 'M-2' districts, including salvage. processing and storage ( paper and paper products; alu- m cans and other metal containers; doth, clothing cad rags; plasties and rub- ber products- lumber a wood products; cad glass. Awided, however. that all process- ing. treettaenl and handling of the abovc- deseribed materials. Chet than loading and unloading from transport vehicles, shall be inside of • building and all storage of such materials shall be either inside d a build- ing or in doted transport trailer, in such a annei as not to create • nuisance by virtue of oda, vermin, emission, a dis- charge. Provided further that shy process- ing of such materials shall act crate a nuisance a health harard by vute of noise, oda, emission, discharge or byproducts. loading and unloading d materials from transport vehicles shall be completed cad the transport ve hicica removed nom the premises withintwenty-four (24) hours of Ch. receipt of a transport vah k an the premises. Etclusios: a. No special use permit shat be required undo"section fur any person. awn. pony "fuse engaged Anrecycling •e- tivky of Rs awn products which are manufactured a said sm the P-exias when such recycling is dose "support e((he principal operation e(tat bud - nes. b. Me spacial a permit will be required undo tic povWes dthk satin tar tolyding activity "adedad by -- pre.t. sec nisalione for pal.& Use as - ending Wry (30) days M soy cafah- da year. (d) Special uses. (1) Public or private landing field, landing .trip, helicopter tending pad. heliport or other landing area for all forms of airtrafl; auto race track and drag strip. (2) Amusement park, but not within three hundred (300) feet of any W district. (3) Any general public building erected or used by any department of the city or county government, a a school district Also, of- fices, warehouses, and other support build- ings for local units of government and sub<tste agencies, unless d)wwise k cated within a laming district which would allow a commercial a institutional facility of the same nature as a useby-right. (4) Cemetery. crematorium a mausoleum. (5) Church or other place of worship, or Sun- day sdad,in'R-1,"R-2; a'R-3'residen- (W districts. (6) Circus, a carnival grounds, but not within then hundred (300) feet ofany'R" district. (7) Commercial, recreational, er amusement development for temporary or seasonal Pe bods. (8) IRcr<rced.l (9) Institution, college, a hospital provided that any hospital a institution permitted S," .1, Ir W, in any "W district shall be IecaW se a site Of lad Mss than five (5) atree, shall nth 0-0 colt thea"(l7) pUftnt d the taut Mt alts, and shell be ad back flan all yard SON at inst On (1) (set fec each foot of buildiag �L (10) Karina or dock. (11) Nurdag beaK N'R' diatrids. (121 Office building da civic, reticles a char- itable organization, conducting activities primarily by mail and not handling mer dui diseserenderingavvimontheprem- ises. but only with" the M -C district. (13) Privately operated community building or recreation fold. (1() Public uQUes. (15) Riding stable. (16) Radio or television broadcasting tower or station. (17) Residential uses as provided for in sections 30-28 (C-1 Districts) and 30-33 (M-1 Dis- trict.). (18) Travel hailer camp. in the 'C-2,' 'C-3' and 'M' districts. No travel trailer may be used foe any residential purpose either tran- siently a permanently unless located in a trailer ramp err mobile home park. (19) The extraction of surd, gravel, and other raw m.ter u mvirin( the removal of an overburden above the deposit, provided, however, any bulb stweg< l extracied ma- terial or ovabunden and any processing or extraction ,.cbi, ry or the open face of any cut shall be at least five hundred (500) feet from my residential ahuctuM stmt. a place. (20) parking lots on lard in W districts within three hundred (300) feet fiom the boundary of any 'C' a 'M' distrK provided the following standards are met a Ie. and egress in Much lot shall be from a stmt directly serving the nom' mercial, business or industrial district. b. No businea involving the repair or service (vehicles, a oak. a display thereof shall be oonduded from a upon such panting areas. WI& ZONING c. A special use permit shall nal be required under this section for any agency of any state, county or other local government unit engaging in recycling activity for its internal op elation purposes only and not for resale to the public for profit. (29) Residential a outpatient facilities fa the treatment of alcohol or other drug abuse for not exceeding twenty (20) persons in 'R4' districts, or for more than [went). (20) persons in "C' districts, with the pravkion that m special use permit shall be issued for such a (&cWty unless the applicant for on& permit provides evi- denca that he has provided written ent, fiction ( the proposed placemeal of the facility to the owner a owners of property bated within one hundred eighty-five (185) feet of the boundaries of the prop- erty on which the treatment facility is to be located. Further. the esteria appear •race of the treatment facility shall rea- sonably couform to the exterior appear - once (otber buildings in the vicinity and a treatment facility •hall not be looted doter than three hundred seventy (370) feel to •ray other substance abuse facility. (301 Single adoubta, v , asnufactured home W wsnufa eared business unit. for office purposes sly in 'M-2' heavy industrial districts. (31) Family day rare homes for the we of more then six (6) children but not more then us (10) children in • residential sent. (321 Escursion csmbhK boat or gloating cam Ming to ility to my 'C a'W district. or ca.abihalian thereof, with the following provisions: •. Accessary uses directly connected. associated or linked with U. aper - lien of an eacuraun gambling boat er fb•ling ("dity shall be included -WOW made a Parts( any spar -al was posit Wad therefor and shall 1 also be will" • 'C or 'M' ditrict. or combination thereof w It. It Is" wvv ,-. I: 1147 s was Accessory uses associated with an excursion gambling but a Rutins facility shall include the tollow-g. 1. Boat support facilities. 2. Docking or mooring facilities. 3. Employee auppwt facilities. 1. Oronrad transporlaticm facili ties. 5. passenger ticketing and recap tion facilities. 6. parking facilities. 7. Security fadities. a. Signs, including thou attached to a buildinger other structure. a boat or floating facility, o1 otsrwiee placed on the prem sees constitating an .._- gambling boat Or Rooting foil ity, site. Offstreet parking. Off-street park in, and loading facilities shall Ix provided "specified in sector 30-3`- 4 this chapter. except that the re grurement for offstreet puking fo, en excursion gambling but or Roah ing facility and its accessory uses shall be one and ooebef (1 K) apace fa every two Cl) Passenters• beset Ma maximum Occupancy. plus one (I space per enhpleyee on the m.ximun. shift. to addition, fut4tre bus park in, spaces shall be provided as re quired by the pi mn"g and —ill comesiasbn and city eemnci1. site dgvglapment plan to applyinl for a special on permit under thi seclian, the deydapae(s) shall ..b mit a farmd du plan for «view which Indudea, but is rad netts... ily limited to the "Moving: 1. Map and otKr, graphics ind, talleg the boundaries of it" ,...kpnenl and all Pref -1 int �rfsu ch rtes ar- woad. knod.oplkned• a pro peead is, such. 00 CAM OteulDFAt CQCIC Ta bediass and g-Argt msec afaRWd iMste+dras.pssk- iiIeI�gIsW adathrdaeflitlssaam• psYM[ w dewWpmwl brtlud- Ug dale on slawkfdlcMkin. and tsaerpasp' Mmka sf w plaswd assnsiso pmbliog boaterd est - i[ faclntx and oemmory was. 6."d that We de.eiopnent emksime wQhdr st land t0 pre. ,ride ior W neoasary or pro posed la-d4ide dewlapwwnt sed support ia7itia. ;-W- ing parking, ad the develop - meet led." wRideat rf- homage to 0000mmodale 6. - tion and op -tie, of the planead excursion gambling boat or Mating fadlilY. A- impact analysis induduhg. but net limited to. erpeded ac- er rats, traQ c wlumrs.Ptak Kana of eperatan, weeded road Zstreet improvements and traf- amfteW sommory to soce n- nadate the proposed uses and trete v*Iaoaes, and plans for suyite security and disaster re. spoor. a. All buildings and Permanently seamed structures shall comply with applicable standards of use city. ilm"ag coda. Further w *akar pis prink far cosy aeoeoaory sue " fodh in Win amuse Shan br bossed prier to w issuance, of eacu- psocy permits for an mew la -d -based pmnaso it structures proposed as a post of the de.elapoast The City oaaoml MAk% heweror. at ala ditcre- toa appreve • temporary -Pane) permit ter any anossoscy, use for a paid of one (1) Year If the required fsed4omed ancc�trres arc not care 711 66W warshow , or sd(4torage units in ,C -r oar `CT 4id:icla. So faskieg garages: For enclosed or semi- o.ndosod phi -g garages only. Parking [meas space dialassisns loss tlw We -Wlesmm nim satuisad is this or lbuises may be appeevod cedar a apodal ere permit. A justifi,sa afor afar a vogue bd'ariati°' prow the mica s @leader& DWA be WA k. led with may applialioa hrmhsder. (33) Assembly and mamdacturc from pre fabricated parts a(411trorik and similar poducts M C-2 districts. (36) Single or double-wlde. manuf--red hoew - manufactured business units for tern prep• dee purpose only during ern- etrretim or rcavad.0 g of • aaam build- ing in 'M-1' 11gbt Industrial Districts. My special use permit, ifaPpo•ed, will become elfxtiw only up- the issuance of a building permit for a main building. All such temporary office units shall be re- moved open occupancy M the completed construction r completion or abandon- ment o(tbe construction work, whichever accucs first (37) Double -wide manufactured banes (mo- bile homes) ln'R-1: 'Rd."RJ: or'R4' districts, with the collaring provisions: a. The manuisdurad bane shall be in oomplianoe with Federal Manufao lured Home Construction and Safety Standards, adopted lune 16, 1976, ns amended, and Missouri Public Secular Commission Into. b. The unit erten complete shall he" a -;-Imus width at" Wss than twco- ty-few (24) famdatio n feet u mea - awed at at points perpendkular to the length of (he soanrdadured home. which shun est be las than forty- two (42) forsdatim feet. This Stan- dard is intended to restrict units ts the type which are brought ts the site )n parts lyp ally two (211 -1 - and at least ora thousand eight (1,006) square feet -ani-u-. c. All dneels. springs. adcs.lights, and towing apparatus clan be rernavad. 1968 CAM c1RAADe.t0 twutt W er for residential in combination with shop. ping cooter macs"sal forth in section 30-31. The do'dyms I Pisa clan be referred to the plan. -log m ed seeing commission Coss study and report. Approvel shell be eedw.mad upon aperrfc find. &WCL&twfa.6- community unit Pisa meets M following tradklemc 411 that We proposed development of my fie' ' planned con a m ial district in- deded a a part of the plan complies with We rogutatiens for tore districts as, sal forth M section 20-31. W Tat w buildings, other than twee Sc, GSW wkhia a 'C4' district, located in w area shall be used only for ane -family dwellings, two{amny dwellings. or muki- ple dwellings and to usual accessory a es moth as private - parking garage• lsermge space and it oomsnnity ad;vi- ask including churches and schools. 621 Thai, the average let area Pec family corn- talmd W am it,, esduaive of the arca oeeepied by a'C4' district or by streets, alt ser be less tan the WE area per fimAy eeadred M tb district in which the devolopmmct M Wates. 44) Tont We area M deptabk to corplete oS-mrrW dewlepmeny being bounded by major thoseughfara. Moeda, "ll. goods. oar olhsr exte real barriers. and in- oa m as penile without a -*joss tbor- orghfsse edadieg tlaough the Pryod. orasyeth rplosied feature which would sad to impair w wlglbedneed or corn. 40 Tat w rare Weer twoMytrve (261 Per - ars of w grecs arc, of the project be desow M a 'C4' din rict and that as ere Ani fdty OM paeans of the gross mar of do /Dyed lcebd W a sWgle- fa$�• M'atad os-eeltipie• 4p Tont aarak d mea is reamwd for soere- aWed Yd Ofeavae" facAklos i meet waesdeafwttaUdpafdpaputaUsrt sr so 6dC 1 M the alswpnsitwfw Plan. (7) Tat property adjacent to tho ares in duded is the plan will act be dverscly allected and ts this end. die city council may require, in the absence of any aphpe pnale physical barrier, that uses a( least iMeaity or a buffer of open aper - saee siug be arranged along at borders of the prejett (61 Tat the plan M consistent with the intent an A purposes of this chapter to P --a< public health, afety, morels, and general welfare. (j) IfthetMy osuadappraveslbeplam. build. Wg permits and mrtdcaus of occupancy may hi Issued, eves though the ase of the Wal and the location and height M buildings to be erected in the aces and the yards and open spar code - pilled by ON plan do net conform W all respects to the district regulations of the district in which it W located. (d A- application for a special ase Permit under this o cLM may be ode and processed contemporaneously with a Proposed amend -set of the district in 'Which such she Use. lh) A special pre permit @hall sotrnatially atiMe open w failure to develop the Mor of the land for wbkh the special we Permit has been imwei If w ass M rel developed within twelve (11) months SAW the permit has been Mand. (i) to the evert We we of the Wd foe which the @poeW an pwmk has bee Weed M A-- toadfor a peefd efoee<l)Yca4Wen w sPedel ass permit was auumMitwty *I* - (Cado 1947. f 3048- Ord. Na. 660. f 1. 2-149, Ord. 14.744, f 4 9.1941: Ord. Na. 713, Act. 1. 1b"; Ord. No. gig. arts. 4.9.4.1640: Old. 14L 964 all 2. 1.1"1: Ord. Ne. INS. art. I. 14441: Ord. No. 1127. art. 2.94142: Ord. Me 1469, ata 2. it -9042: Ord. ifs. 1610, aro. 2. 3. 9.1"4: Oct. Na. 1161. SCU. S. S. 4-90.94: Ord. me. lam apt 2.d-194kOd-Na.1711. arts. S.G. 9•Ig40.Od. iW. WK art 4 24046: Oct. Wa. 2090, tort t, U 1"s:Ord. me. lift, orm. 7. t. 14147, Ord. Ns. spit, art. 2.1040.97: Ord. me 2189, aro 4 WWV; Ord. Me, Up. ora. 2. 2."al W The ask toast be pormeasetly W stalled OR a rnpsrl► designed, aa• dssod ised.tbs system is aeoor- 4. vr" We BOCA NatWest BWUisg code. .. OrisMatise or the mamoUcMted housing cell on the let sha eonfrm is the same orientation as the ma- jority sf ena entieoally built struc- tures in the immediate ares (within three bus" (2001 let). Example: Rent door is front lot line, ter dor to rear lot Use. f. Rodmust be a gable or hip roof of at least three (3) in twehe (12) pitch - greater and covered with material that M residential in appearance. including, but cot limited to ap- preyed wood, asphalt composition or fiberglass shingles, but occluding cor- rugated aluminum, corrugated fiber- glass. or metal roots: ecoept for per- mitted deck areas, all roof structures dull provide an are prajedioa of no las than su (6) inches and no greater than thirty (30) inches. g. E uric aiding - covering shall be d a type, Quality and appearance customarily need on conventionally built homes. h. The let dull be provided with a bard surfacetnteasthen in mature)dttve- way net las than sine (9) red wide mordant foe with side -yard parking the placement of M kost two (2) vehicles. i. A minimum of eighteen (18) Inches derewh space under the entire man- ufactured bore shall be maintained. j. Permanent steps shill be set at all ex4ernd a dta with appropriate hand- rails and/or guard rolls. k. In. unit shall be served by a water supply and sewage disposal systsm in accordarice with the International Plumbing Code. - currently odopted by the city. Supe- N. " 1969 I Was L Tie ollk"be seal b' as ciao- tricot 1lstefa In awetdeaea with the 1latiwl fSlae4iesl Bao- m. 1>w4r�b w ail saeiemMall od obdivfrfeardWs .m A -class "Airiest atdiaaaes is anted at the time of instaCstlea K sonstsuctiaa, including at(bach sequhements. (38) Naltway haws for the cebabdita(ion of &dark flmsers whe an pdaoars or former priemmi s, mgeelybelocated W CI. C-2, CJ. K•4 U4, sed Ml sena, and, if apprev4 are wAOd to the following additional exedifdoes: a. Ort (1) paring speoe for every four (4) residents, including staff resi- dents. b. The fropoaed f"llitY shall provide appropriate and reasonable security C. Tw fac2dv shall here no exterior evid_e�ma��oO(f such use and no sign ad06W{such use- d. At w time of original approval if the proposed facility M to be located within five hundred (600) icet al amMhr such faa7iv, public. Private w pumbial school group home for duke or jnmailes, amsiag. rest or ...,among home (ceder), child -n , aurser7 or boarding home, day are center, residenti�all sees. e>3sticg res- idenad oar, r alitesfor the men - idly or physically baodicappeC the ally trr-en may reQaire such addi- use d -"time on the special ase permit as it fads an seona y to minimize the eQed of the proposed an ere the srrouading PnPats- e. TeappU,.A Shan demonstrate that then shall be w negative Impact en property within five ban" (SM) fest of the proposed facility. (39) Miacbrewery or pub brewery in a'C2'. 'C-3', or'M-I diatr(ct. (e) Community mnit purr. The owner d any tract of Wal nay requ.1 a special use Permit for the ire and de. l prsente(such trod for--dern- 0 BILL NO. 2000-111 ORDINANCE NO. _ AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO LONNIE MOSS AND SHIRLEY MOSS, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING AN AUTOMOTIVE REPAIR AND RETAIL SALES BUSINESS AT 155 SOUTH PARK AVENUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Lonnie Moss and Shirley Moss are the owners of certain property in the City of Cape Girardeau, on which they desire to construct, maintain and operate a business of repair of air wrenches, air compressors, pressure washers, and automotive equipment, and for retail sales of parts and equipment; and WHEREAS, the proposed location of said business is 155 South Park Avenue, which property is presently zoned R-3, Two -Family Dwelling District; and WHEREAS, a Special Use Permit is required for said use in an R-3 zone; 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, fire hazards or 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 purposes of constructing, maintaining and operating a business of repair of air wrenches, air compressors, pressure washers, and automotive equipment, and for retail sales of parts and equipment, on the following described property: All of Lot Numbered Sixteen (16) in Block Numbered Twelve (12) of West End Place Second Addition and the south Ten (10) feet of Lot Thirteen (13) in Block Twelve (12) of West End Place Second Addition in the City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 2 at page 13, land records of Cape Girardeau County, Missouri, except that part taken by the Missouri State Highway Commission for right of way of Route "K" as recorded in Book 306 at page 723, land records of Cape Girardeau County, Missouri. is hereby granted to Lonnie Moss and Shirley Moss, to be effective ten (10) days after the date of passage and approval of this ordinance. The special use must 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 as Exhibit "A", 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 as Exhibit "B" and incorporated herein by reference is the formal Findings and Conclusions of the City Council. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk 20 V 59 SPECIAL USE PERMIT Lonnie Moss and Shirley Moss, 2011 Brink Avenue, Cape Girardeau, Mo 63703, are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a business of repair of air wrenches, air compressors, pressure washers, and automotive equipment, and for retail sales of parts and equipment, on the following described property for an indefinite period of time: All of Lot Numbered Sixteen (16) in Block Numbered Twelve (12) of West End Place Second Addition and the south Ten (10) feet of Lot Thirteen (13) in Block Twelve (12) of West End Place Second Addition in the City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 2 at page 13, land records of Cape Girardeau County, Missouri, except that part taken by the Missouri State Highway Commission for right of way of Route "K" as recorded in Book 306 at page 723, land records of Cape Girardeau County, Missouri. This Special Use Permit is granted upon the condition that the Applicant be bound by all City Ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicant to comply with these special conditions, the Special Use Permit will automatically terminate and the City of Cape Girardeau shall have the right to enter upon the land to abate such special use. 1. Additions or modifications from the original building permit must be approved by the City Council. 2. Special use shall meet all applicable zoning regulations. Lonnie Moss and Shirley Moss shall be the only employees of said business. 4. This Special Use Permit shall automatically terminate in twelve (12) months upon the failure to develop the use of the land for which the Special Use Permit has been issued. 5. This Special Use Permit is not transferrable without consent of the City Council. EXHIBIT A IN WITNESS WHEREOF, the City Manager of the City of Cape v Girardeau, Missouri, affixes his signature this day of 20 . Michael G. Miller City Manager ATTEST: Gayle L. Conrad City Clerk STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 20 , before me appeared Michael G. Miller, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. My Commission Expires: October 8, 2000 Delores G. Needham, Notary Public EXHIBIT A CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , , the Cape Girardeau City Council considered the application for Special Use Permit dated 2.425/2000 filed by Lonnie Moss and Shirley Moss for the property located at 151; South Park Avenue in Capp rjr;;rdP;;u., Missouri for the purpose of constructi_ngo maintaining and operating a business of r air of air wrenches, air.omni cQ�Rory, n GGA washers, and automotive ec-:went, and fnr rptailsal s of parts and equipment- In qu; m n In examining this application, the following factors were considered and found as noted: Yes No N/A City Council Findings: The Proposed Special Use Permit, 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 6. Be in conflict with the comprehensive city plan 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 30-39 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 attached Special Use Permit (SEAL) ATTEST: City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Mayor EXHIBIT B (IF DENIED) U CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , the Cape Girardeau City Council considered the application for Special Use Permit dated 2.125/2000 filed by Lonnie Moss and Shirley Moss for the property located at 155 aouh Park Avenue n rapt, Cirardc--au, Missouri for the purpose of constructing, main a'ninq and operatinq a buGin GG of repair of air wrenches, air comp ressors,p re -,sure washer-, and automotive equipment, and for retail sales of parts and equi men . In examining this application, the following factors were considered and found as noted: Council Finding Yes No N/A City -s: The Proposed Special Use Permit, 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. 6. Be in conflict with the comprehensive city plan 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 30-39 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 attached Special Use Permit (SEAL) ATTEST: City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Mayor CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Special Use Permit Recommended Action: That the request of Lonnie and Shirley Moss for a Special Use Permi- for repair of air wrenches, air compressors, pressure washers, and automotivee equipment, and for retail sales of parts and equipment at 155 South Park Avenue in an R---,Two-Family Residential District, be recommended for approval. Vote Count: Favor — 6 Oppose — 0 Abstain — 0 Date Recommendation Made: April 12, 2000 List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens in attendance at meeting: Lonnie Moss — applicant Sec etary CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning ❑ OR Special Use Permit File No. 9�9 Address of Property 155 Soto -h PQrI Avenue - CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? 2. Is plat sufficient? z 3. Will intended use conform to requested g? S•U•P 4. Has intended use already commenced? 5. Comments: J� CITY ATTORNEY: 1. Is legal description sufficient? 2. Will intended use conform to requested zoning? 3. Can requested Special Use Permit be legally granted? 4. Comments: / , If I �-' Z�10*411W City ttorpey c ?:�7 Date 7MA;Go ................................■■.........................CITER REFERRAL TO PLANNING AND ZONING COMMISSION: ity Manager, Michael G. Miller PLANNING SERVICES STAFF: 3 -z = m Date 1. Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date Revised 4/21/1998 City Planner/Development Services Coordinator Date ................................................. 5 ............................ 1 CITY ATTORNEY: 1. Is legal description sufficient? 2. Will intended use conform to requested zoning? 3. Can requested Special Use Permit be legally granted? 4. Comments: / , If I �-' Z�10*411W City ttorpey c ?:�7 Date 7MA;Go ................................■■.........................CITER REFERRAL TO PLANNING AND ZONING COMMISSION: ity Manager, Michael G. Miller PLANNING SERVICES STAFF: 3 -z = m Date 1. Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date Revised 4/21/1998 City of Cape Girardeau, Missouri n Application For Rezoning - ❑ OR Special Use Permit - Date Received in Planning Services Office: r -AS -oo By. 1 QL+rWrTf%W A 1. Description of the project: Relocate business to larger facilities 2. Street address of tract (or other location description): 155 S. Park Cape Girardeau, MO. 63703 3. Names and addresses of all legal owners of tract: Lonnie and Shirley Moss 2011 Brink Ave. Cape Girardeau, MO 63703 4. Present zoning classification: R-3 multi -family S. Requested new zoning classification: None 6. Requested special use: Permit for full-time business 7. Person handling this application (name, address, phone number): Lonnie Moss 2011 Brink Ave. Cape Girardeau, MO 63703 (573)-3349085 8. If tract is to be transferred, name and address of intended owner: N/A Page 2 9. 1 STATE UPON MY OATH THAT ALL THE, INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 3 and 8 above and date of signaturm): Name Date Name Date r �, SECTION B 1. Legal description of tract: LOT 16&S 10 LOT 13BLK12 WEST END PLACE 2ND ADD CAPE GIRARDEAU, MO 63701 V (Space above this line for recording purposes) DEED OF TRUST To Secure a Loan From MERCANTILE BANK NATIONAL ASSOCIATION (securing future advances and future obligations governed by RSMo 443.055) 1. DATE AND PARTIES. The date of this Deed of Trust (Deed of Trust) is October 29, 1999, and the parties and their malting addresses are the following: GRANTOR: LONNIE D. MOSS 2011 BRINK CAPE GIRARDEAU, MO 63701 Social Security # 487-54-8075 HUSBAND OF SHIRLEY J. MOSS SHIRLEY J. MOSS 2011 BRINK CAPE GIRARDEAU, MO 63701 Social Security # 486-54-6867 WIFE OF LONNIE D. MOSS TRUSTEE: JOHN L OLIVER, JR. 400 BROADWAY CAPE GIRARDEAU, MO 63702 BANK: MERCANTILE BANK NATIONAL ASSOCIATION a national banking association 417 SL Louis Street Springfield, Missouri 65806 Tax I.O. # 44-0465220 2. FUTURE ADVANCES. This Deed of Trust secures future advances and future obligations and afrall be governed by Section 443.055 RSMo. as amended. The total principal amount (exclusive of Interest, attorneys' fees, paralegal fees, costs and other Segal wilpenses) of the future advances and future obligations secured by this Deed of Trust, not Including however arty sums advanced for the protection of the Property or Bank's Interest therein, shall not exceed the sum of =27,000.00. 3. OBLIGATIONS DEFINED. The term "Obligations" is defined as and includes the following: A A promissory note, No. , (Note) dated October 29, 1999, with a maturity date of October 29, 2004, and executed by LONNIE D. MOSS and SHIRLEY J. MOSS (Borrower) payable In monthly payments to the order of Bank, which evidences a ban (Loan) to Borrower in the amount of $27,000.00, plus interest, and all extensions, renewals, modifications or substitutions thereof. B. All future advances or other future obligations by Bank to Borrower, to Grantor, to any one of them or to any one of them and others, provided each instrument evidencing any such future advance shall state within the body of the Instrument that such Instrument is secured by this Deed of Trust and provided further that such instrument Identifies this Deed of Trust by date of execution, all in accordance with 443.055 RSMo, as amended. C. AN additional sums advanced, and expenses incurred, by Bank for the purpose of insuring, preserving or otherwise protecting the Property (as herein defined) and its value, and any other sums advanced, and expenses Incurred by Bank pursuant to this Deed of Trust, plus interest at the same rate provided for in the Note computed on a simple Interest method. D. Any and all other present and future Indebtedness, liabilities and obligations of Borrower, Owner, any one of them and/or any one of them and others to Bank to the extent the taking of the Collateral therefor Is not prohibited by law, including, without limitation, liabilities for overdrafts, all advances made by Bank on Borrower's and/or Owner's behalf as authorized by this Agreement and liabilities as guarantor, endorser or surety, all whether now existing or hereafter arising, absolute or confingent, primary or secondary, liquidated or unliquidated, or joint, several or joint and several. DNd of Trust (c)1984, Bankers Systems, Inc. St. Cloud, MN MO-MERC-17-080898-2.82-8 Initials MOSS,LONNIE 27M1099 10/29/99 "READ FRONT AND BACK OF EACH PAGE FOR ANY REMAINING PROVISIONS." PAGE 1 E. Borrower's performance of the terms in the Note or Loan. Grantor's performance of any terms In fhb Deed of Trust. and Borrower's and Grantor's performance o1 any terms in any other deed of trust, any trust deed, any trust indenture, any mortgage, any deed to secure debt, any security agreement, any assignment, any construction ban agreement, any ban agreement, any assignment of beneficial Interest, any guaranty agreement or any other agreement which secures, gua or otherwise relates to the Note or Loan. However, this Deed of Trust will not secure another debt: A. K Oils Deed of Trust Is In Borrower's principal dwelling and Bank fails to provide (to all persons entitled) any notice of right of rescission required by law for such other debt; or B. If Bank fails to make any disclosure of the existence of this Deed of Trust required by law for such other debt 4. CONVEYANCE For and in consideration of the sum of $1.00 and other valuable consideration, receipt and sufficiency of which are hereby acknowledged, to the Grantor paid and to secure the Obligations according to their terms, Grantor grants, bargains and sells, warrants, mortgages, conveys and confirms, assigns, transfers and sets over to Trustee his suers and assigns, In trust with power of sale the following described property (Property), situated in CAPE GIRARDEAU County, MISSOURI, to -wit SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. such property not constituting the homestead of Borrower, together with all buildings, improvements, fixtures and equipment now or hereafter attached to the Property, including, but not limited to, all heating, air conditioning, ventilation, plumbing, cooling, electrical and lighting fixtures and equipment; all landscaping; all exterior and interior improvements; all easements, Issues, rights, appurtenances, rents, royalties, oil and gas rights, privileges, proceeds, profits, other minerals, water, water rights, and water stock, crops, grass and timber at any time growing upon said land, including replacements and additions thereto, all of which shall be deemed to be and remain a part of the Property. The Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged, Is made of public record as provided by law. 5. LIENS AND ENCUMBRANCES. Grantor warrants the title to the Property and warrants that the Property Is free and dear of an Clens and encumbrances whatsoever. 6. WARRANTY OF TITLE. Grantor agrees to forever warrant and defend the title to the Property and represents and warrants that Grantor. A. owns the Property in fee simple, B. is authorized to convey the Property, and C. will defend Grantor's title against all claims. 7. ASSIGNMENT OF LEASES AND RENTS. Grantor grants, bargains and sells, warrants, mortgages, conveys and confirms, assigns, transfers and sets over to Trustee, in trust for the benefit of Bank, as additional security all the right, We and interest In and to any and alk A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agnsemer�.) referred to as "Leases"). B. Rents, Issues and profits (all referred to as "Rents"), including but not limited to security deposits, minimum rent, perces,_ e rent, additional rent, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, Insurance premium contributions, liquidated damages following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and dalms which Grantor may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property. In the event any item fisted as Leases or Rents is determined to be personal property, this Deed of Trust will also be regarded as a security agreement Grantor will promptly provide Bank with true and correct copies of all existing and future Leases. Grantor may collect, receive, enjoy and use the Rents so long as Grantor is not in default. Except for one lease period's rent. Grantor will not collect In advance any Rents due In future lease periods, unless Grantor first obtains Bank's written consent Upon default, Grantor will receive any Rents In trust for Bank and Grantor will not comrningle the Rents with any other funds. Any amounts collected shall be applied at Bank's dbcretlon first to costs of managing, protecting and preserving the Property, and to any other necessary related expenses Including Bank's court costs. Any remaining amounts shall be applied to reduce the Obligations. Grantor agrees that this assignment is immediately effective between the parties to this Deed of Trust and effective as to third parties on Grantors default when Bank or Trustee takes an affirmative action as prescribed by the law In the state where the Property is located, and this assignment will remain effective during any period of redemption by Grantor until the Obligations are satisfied. Unless otherwise prohibited or prescribed by state law, Grantor agrees that Bank or Trustee may take actual possession of the Property without the necessity of commencing any legal action or proceeding and Grantor agrees that actual possession of the Property Is deemed to occur when Bank notifies Grantor of Grantor's default and demands that Grantor and Grantors tenants pay all Rents due or to become due directly to Bank. Immediately after Bank Lives Grantor the notice of default, Grantor agrees that either Bank or Grantor may notify the tenants and demand that all future Rents be paid directly to Bank. On receiving the notice of default, Grantor will endorse and deliver to Bank any payments of Rents. If Grantor becomes subject to a voluntary or involuntary bankruptcy, then Grantor agrees that Bank and Trustee are entitled to receive relief from the automatic stay in bankruptcy for the purpose of making this assignment effective and enforceable under state and federal law and within Grantors bankruptcy proceedings. Grantor warrants that no default exists under the Leases or any applicable landlord law. Grantor also warrants and agrees to maintain, and to require the tenants to comply with, the Leases and any applicable law. Grantor will promptly notify Bartle of any noncompliance. If Grantor neglects or refuses to enforce compliance with the terms of the Leases, then Bank or Trustee may opt to enforce compliance to the extent that the law permits. Grantor will obtain Bank's written authorization before Grantor consents lo sublet, modify, cancel, or otherwise alter the Leases, to accept the surrender of the Property covered by such Leases (unless the Leases so require), or, lo ae Dead of Trust (c)1964, Bankers Systems, Inc. St. Cloud, MN M0-MERC-17-060698-2.42-4 Nt1aaM MOSS,LONNIE 271011099 10/29/99 "READ FRONT AND BACKOF EACH PAGE FOR ANY REMAINING PROVISIONS." PAGE 2 compromise or encumber the Leases or any future Rents. Grantor will hold Bank harmless and lndemntfy Bank for any and all Ilablltty, or damage that Bank may incur as a consequence of the assignment under this paragraph. 8. EVENTS OF DEFAULT. Grantor shall be in default upon the occurrence of any of the following events, Circumstances or conditions (Events of Default): A. Fallure by any person obligated on the Obligations to make payment when due thereunder or under any other present or future Indebtedness, liability or obligation of such person to Bank; or B. A default or breach by Borrower, Grantor or any co-signer, endorser, surety, or guarantor under any of the terms of this Deed of Trust, the Note, any construction ban agreement or other loan agreement, any security agreement, mortgage, deed to secure debt, deed of trust, trust deed, or any other document or instrument evidencing, guarantying, securing or otherwise relating to the Obligations; or C. The making or furnishing of any verbal or written representation, statement or warranty to Bank which Is or becomes false or Incorrect in any material respect by or on behalf of Grantor, Borrower, or any one of them, or any co-signer, endorser, surety or guarantor of the Obligations; or D. Failure to obtain or maintain the insurance coverages required by Bank, or insurance as Is customary and proper for the Property (as herein defined); or E. The death, dissolution or insolvency of, the appointment of a receiver by or on behalf of, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against Grantor, Borrower, or any one of them, or any co-signer, endorser, surety or guarantor of the Obligations; or F. Failure to pay or provide proof of payment of any tax, assessment, rent, insurance premium, escrow or escrow deficiency on or before its due date; or G. A material adverse change in Grantor's business, including ownership, management, and financial conditions, which In Bank's opinion, Impairs the Property or repayment of the Obligations; or H. A transfer of a substantial part of Grantor's money or property; or I. If all or any part of the Property or any interest therein is sold, leased or transferred by Grantor except as permitted In the paragraph below entitled "DUE ON SALE OR ENCUMBRANCE". J. If any guaranty of the Note shall at any time, for any reason, cease to be in full force and effect or shall be declared to be null and void by a court of competent jurisdiction, or if the validity or enforceability thereof shall be contested or denied by any party thereto, or if any party thereto shall deny that he, she or it has any further liability or obligation thereunder, or ff any party thereto shall fail to comply with or observe any of the terms. provisions or conditions contained in any such guaranty. 9. REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default or at any time thereafter, at the option of Bank, all or any part of the Obligations, whether principal, interest or otherwise, shall become immediately due and'payable after giving the required notice, If any, under applicable law. In addition, upon the occurrence of any Event of Default, Bank and Trustee shall be entitled to all of the rights and remedies provided by law, the Note, this Deed of Trust and any related loan documents, Including without limitation, the power to sell the Property and/or the power to foreclose on the Property as a mortgage. Upon the occurrence of any Event of Default, Trustee, at the request of Bank, shall sell the Property (to convey absolute title as a whole or in separate parcels or portions as Trustee may deem best) free and dear of all right, title and interest of Grantor at public auction to the highest bidder for cash at such place as Trustee designates In the notice of sale. Prior to sale, Trustee shall give notice of sale in accordance with and as prescribed by applicable MISSOURI law. Upon sale of the Property and to the extent not prohibited by law, Trustee shall make and deliver to the purchaser or purchasers a deed or deeds or other instruments of conveyance, assignment and transfer to the Property sold, and after first paying and retaining all fees, charges and costs, shall pay to Bank first all amounts advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest thereon, and next to the payment of the Obligations, whether principal, Interest or otherwise; and any surplus thereafter shall be paid to Grantor or other party legally entitled thereto. If the proceeds of such sale or sales are Insufficient to pay the Obligations in full after application thereof as set forth above, Borrower promises and agrees to pay any deficiency with interest. The holder of the Note may purchase the Property and make payment by presenting the Note to the Trustee for endorsement thereon of the amount of the bid to be applied in payment thereof. The recitals in any deed or other instrument of conveyance shall be taken as prima fade true. All rights and remedies are distinct, cumulative and not exclusive, and Bank and Trustee are entitled to all rights and remedies provided at law or equity, whether or not expressly set forth herein. 1o. DUE ON SALE OR ENCUMBRANCE. Bank may, at Bank's option, declare the entire balance with all accrued Interest on the Obligations to be intrnediateiy due and payable and exercise any and all of its rights and remedies under this Deed of Trust upon the creation of any Hen or encumbrance upon, or any transfer, sale or contract to transfer or sell by Grantor of any Interest In or to all or any part of the Property. Lapse of time or the acceptance of payments by Bank after the creation of any such lien or encumbrance or the occurrence of any such transfer, sale or contract to transfer or sell shall not be deemed a waiver or estoppel of Bank's right to accelerate the Note and exercise its other rights and remedies under this Deed of Trust. This covenant shall run with the Property and shall retrain In effect until the Obligations and this Deed of Trust are fully paid and satisfied. For purposes of this paragraph, the tern "transfer" shall mean and Indude any conveyance of any right, title, or interest in or to all or any part of the Property, whether voluntary or Involuntary, by outright sale, deed, Installment contract sale, land contract contract for deed. leasehold interest with a term greater than one (1) year, lease option contract or any other method of conveyance of Property 11. POSSESSION ON DEFAULT. It there is an Event of Default_ (.ark or the holder of the Note shall at once b6Qome entitled to the possession, use and enjoyment. of the Property and to the rents, i ,sues and profits from the Property, and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of Grantor or the then owner of the Property and without regard to the value of the Property or the adequacy of any security for the Obligations. 12. APPOINTMENT OF RECEIVER. It there is a Default, Bank or the holder of the Note shall at once become entitled to appointment of a receiver for the Property and the rents, issues and profits from the Property, and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of Grantor or the then owner of the Property and without regard to the value of the Property or the adequacy of any security for the Obligations. Such receiver may be appointed by a court of competent jurisdiction upon ex parte application, and without notice (notice being expressly waived) and all rents, issues and profits, Income and revenue from the Property Dead of Trust (6)19R4, Rankers Systems, 1, r r1inud, MIN tAO-NERC-17-080698-2.82-5 Initials MOSS,LONNIE 27M1099 70/29/99 - REAl) rr, -,�) fin,.r r.- I „r -art PA(, E FOR ANY REMAINING PROVISIONS." PAGE 3 Shall be applied by the receiver, subject to the court's order, to the payment of the Obligations under this Deed of Trust and the Note. 13. PROPERTY OBLIGATIONS. Grantor shall promptly pay all taxes, assessments, levies, water rents, other rents, Insurance premiums, and all amounts due on any encumbrances, if any, as they become due. Grantor shall provide written proof to Bank of such payrtl( Grantor hereby covenants and agrees not to create, suffer or permit to exist any deeds of trust (other than this Deed oft/ mortgages, Betts or other encumbrances (Including, without limitation, any mechanic's or materlahnan's Yens) against all or any of u1e Property without Bank's prior written consent. In addition, Grantor hereby covenants and agrees that, at Bank's request, Grantor will escrow the payment of taxes and insurances with Bank in an amount acceptable to Bank. 14. INSURANCE Grantor shall insure and keep insured the Properly against loss or damage by fire, the so-called "extended coverage" perils, vandalism and malicious mischief, sprinkler leakage, water damage, collapse and such other risks as Bank may request from time to time (including boiler and machinery and earthquake coverages) in an amount equal to the lesser of the Obligations or the full insurable value of the Property (but in any event in an amount sufficient to avoid co-insurance under the policies). All insurance policies shall contain a standard mortgagee loss payable clause in favor of and in form acceptable to Bank. In addition, Grantor shall maintain comprehensive general liability insurance against claims and liabilities for personal injury, bodily injury or death, or property damage occurring on or about the Property, which insurance shall be in amounts satisfactory to Bank and shall name Bank and Trustee as additional insureds thereunder. All policies of insurance shall be issued by companies satisfactory to Bank. At least (30) days prior to the expiration date of a policy, Grantor shall deliver to Bank a renewal policy in form satisfactory to Bank and receipts of paid premiums .therefor. All insurance moneys received on account of any loss or damage to the Property, after deducting the reasonable charges and expenses paid or incurred in collecting or disbursing the same, may be used and applied, at the option of Bank, either for the payment or prepayment of the Obligations, whether or not then due, or for the repair and restoration of the Property. Grantor hereby authorizes and empowers Bank as attorney-in-fact for Grantor to make proof of loss, to adjust and compromise any claim under Insurance ponders, to appear In and prosecute any action arising from such insurance policies, to collect and receive Insurance proceeds, and to deduct Bank's expenses incurred in the collection of such proceeds; provided, however, that nothing contained In this paragraph shall require Bank to incur any expenses or take any action hereunder. It the Property is sold under power of sale or it Bank acquires title to the Property, Bank thereupon shall also be deemed to have acquired exclusively all of the right, title and Interest of Grantor in and to arty insurance policies and unearned premiums thereon and in and to any insurance proceeds resulting from, or which may be payable as a consequence of, any damage to the Property prior to such sale or acquisition. 15. WASTE. Grantor shall not alienate or encumber the Property to the prejudice of Bank, or commit, permit or suffer any waste, Impairment or deterioration of the Property, and regardless of natural depreciation, shall keep the Properly and all its Improvements at all times In good condition and repair. Grantor shall comply with and not violate any and all laws and regulations regarding the use, ownership and occupancy of the Property. Grantor shall perform and abide by all obligations and restrictions under any declarations, covenants and other documents governing the use, ownership and occupancy of the Property. 16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. A As used in this paragraph: (1) "Environmental Law" means, without limitation, the Comprehensive Environmental Response, Compensatio Liability Act ("CERCLA", 42 U.S.C. 9601 et seq.), all federal, state and tical laws, regulations, ordinances orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment yr a Hazardous Substance (as defined herein). (2) "Hazardous Substance" means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or the environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. B. Grantor represents, warrants and agrees that: (1) Except as previously disclosed and acknowledged in writing to Bank, no Hazardous Substance has been, is or win be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property except in the ordinary course of business and in strict compliance with all applicable Environmental Law. (2) Except as previously disclosed and acknowledged in writing to Bank, Grantor has not and shag not cause, contribute to or permit the release of any Hazardous Substance on the Property. (3) Grantor shall immediately notify Bank if: (a) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (b) there is a violation of any Environmental Law concerning the Properly. In such an event, Grantor shall take all necessary remedial action In accordance with any Environmental Law. (4) Except as previously disclosed and acknowledged in writing to Bank, Grantor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (a) any Hazardous Substance located on, under or about the Property or (b) any violation by Grantor or any tenant of any Environmental Law. Grantor shall immediately notify Bank in writing as soon as Grantor has reason to believe there Is any such pending or threatened investigation, claim, or proceeding. In such an event, Bank has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. (5) Except as previously disclosed and acknowledged in writing to Bank, Grantor and every tenant have been, are and shall remain in full compliance with any applicable Environmental Law. (6) Except as previously disclosed and acknowledged in wriling to Bank, More are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well shag be added unless Bank first agrees in writing. m Grantor will regularly Inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtalned and compiled with. (8) Grantor will permit, or cause any tenant to permit, Bank or Bank's agent to enter and Inspect the Property and review Bit records at any reasonable time to determine: (a) the existence, location and nature of any Hazardous Substance on, under or about the Property; (b) the existence, location, nature, and magnitude of any Hazardous Substarl Deed of Trust (c)1984, Bankers Systems, Inc. St. Cloud, MN MO-MERC-17-060696-262-6 Inrdab MOSS,LONNIE27M10,99 10/29/99 " READ FRONT AND BACK OFEACH PAGE FOR ANY REMAINING PROVISION3.- PAGE 4 has been released on, under or about the Property; (c) whether or not Grantor and any tenant we In oomp(ianoe with any applicable Environmental Law. (9) Upon Bank's request, Grantor agrees, at Grantor's expense, to engage a qualified environmental engineer b prepare an environmental audit of the Property and to submit tate result of such audit to Bank. The choice of the environmental engineer who will perform such audit is subject to the approval of Bank. (10) Bank has the right, but not the obligation, to perform any of Grantor's obligations under this paragraph at Grantor's expense. (11) As a consequence of any breach of any representation, warranty or promise made in fills paragraph, (a) Grantor will indemnity and hold Bank and Bank's successors or assigns harmless from and against all kisses, claims, denvirtds, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, Including without Imitation all costs of litigation and reasonable attorneys' fees, which Bank and Bank's sucoessors or assigns may sustain; and (b) at Bank's discretion, Bank may release this Deed of Trust and in return Grantor will provide Bank with collateral of at least equal value to the Property secured by this Deed of Trust without prejudice to any of Bank's rights under this Deed of Trust. (12) Notwithstanding any of the language contained in this Deed of Trust to the contrary, the terns of this paragraph shall survive any foreclosure or satisfaction of any deed of trust, mortgage or any obligation regardless of any passage of title to Bank or any disposition by Bank of any or all of the Property. Any clatrris and defenses to the contrary are hereby waived. 17. CONDITION OF PROPERTY. As to the Property, Grantor shall: A. keep all buildings occupied and keep all buildings, structures and improvements in good repair. B. refrain from the commission or allowance of any acts of waste or impairment of the value of the Property or improvement thereon. C. not cut or remove, or permit to be cut or removed, any wood or timber from the Property, which cutting or removal would adversely affect the value of the Property. D. prevent the spread of noxious or damaging weeds, preserve and prevent the erosion of the sop and continuously practice approved methods of farming on the Property if used for agricultural purposes. 18. INSPECTION BY BANK Bank or its agents may make or cause to be made reasonable entries upon the Property and Inspect the Property provided that Bank shall make reasonable efforts to give Grantor prior notice of any such inspection. 19. PROTECTION OF BANKS SECURITY. If Grantor fails to perform any covenant, obligation or agreement contained in the Note, this Deed of Trust or any ban documents or if any action or proceeding is commenced which materially affect Banks Interest In the Property, ktduding, but not limited to, foreclosure, eminent domain, insolvency, housing or Environmental Law or law enforcement, or nftburseart'angements or proceedings involving a bankrupt or decedent, then Bank, at Bank's sole option, may make such appearartoes, such sorts, and lake such action as is necessary to protect Bank's interest Grantor hereby assigns Uo Bank any right Grantor may have by reason of any prior encumbrance on the Property or by law or otherwise to cure arty default under said prbr encutrtbrartce. Grantor agrees to indemnify and hold Bank harmless for all liability, costs, expenses, attorneys' tees and paralegal fees Incurred by Bank (n qs proteaion of the Property or its lien. Without Bank's prior written consent, Grantor will not partition or subdivide the Property. 20. EXPENSES OF BANK If Grantor fails to: A. procure the required insurance for the Property, B. keep the Property in good repair or prevent waste of the Property, C. promptly pay all of the obligations relating to the Property, D. perform any other obligation of this Deed of Trust, the Note, or any other instrument securing or relating to the Note, or E. prevent the Property from becoming subject to any other lien or encumbrance, Bank may pay or procure such things at Grantor's cost and Bank may make any reasonable expenditure incidental thereto. Bank shall have the right to file and defend suits at the expense of Grantor and in Grantor's name for the recovery of damages or to uphold the Ian of this encumbrance and preserve the rights of Bank. All costs expended by Bank in accordance with this section, Including reasonable attomeys' and paralegal fees, shall be repaid by Grantor upon demand, and such sums, with interest thereon at the rates provided In the Note shat be added to the indebtedness secured by this Deed of Trust, and shall become a part of the Obligations as defined above, and shell be paid out of the proceeds of the sale of the Property, if not otherwise paid by Grantor. 21. COLLECTION EXPENSES. In the event of default. Grantor agrees to pay all costs of collection incurred by Bank. Such costs shall Include, but are not limited to, tiling fees, costs of publication, deposition fees, stenographer fees, witness fees and any other court costs, plus cost of collecting, enforcing and protecting the Property and Obligations. Any such collection costs shall be added to the principal amount of the Obligations, shall accrue interest at the same rate as the Obligations and shall be secured by this Deed of Trust 22. ATTORNEYS' FEES. In the event of default, Grantor agrees to pay reasonable attorneys' fees Incurred by Bank. Such reasonable attorneys' fees shall include, without limitation, paralegal fees. Any such reasonable attorneys' fees shall be added to the principal amount of the Obligations, shall accrue interest at the ssme rate as the Obligations and shall be secured by this Deed of TrusL 23. CONDEMNATION. In the event all or any part of the Properly (including but not limited to any easement therein) Is sought to be taken by private taking or by virtue of the law of eminent domain, Grantor will promptly give written notice to Bank of the institution of such proceedings. Grantor further agrees to notify Bank of any attempt to purchase or appropriate the Property or any easement therein, by any public authority or by any other person or corporation claiming or having the right of eminent domain or appropriation. Grantor further agrees and directs that all condemnation proceeds or purchase money which may be agreed upon or which may be found to be due shad be paid to Bank as a prepayment under the Note. Grantor also agrees to notify Bank of any proceedings Instituted for the blishment of any sewer, water, conservation, ditch, drainage, or other district relating to or binding upon the Property or any part -or—woof. AN awards payable for the taking of title to, or possession of, or damage to all or any portion of the Property by reason of any rivate taking, condemnation, eminent domain, change of grade, or other proceeding shall, at the option of Bank, be paid to Bank. Such awards or compensation are hereby assigned to Bank, and judgment therefor shall be entered In favor of Bank. Deed of Trust (c)1964, e::nkers Systems, Inc. St. Cloud, MN MO-MERC-17-060696-2.62-5 Initials MOSS,LONNIE 27M1099 10/29/99 "READ FRO':- AN') RACK Of EAr.H PAGE FOR ANY REMAINING PROVISIONS." PAGE 5 When paid, such awards shall be used, at Bank's option, toward the payment of the Obligations or payment of taxes, assessments, repairs or other Items provided for in this Deed of Trust, whether due or not, all in such order and manner as Bank may deterrtlner. Any amount not so used shall be applied to the Obligations. Such application or release shad not cure or waive any defautt. In the wwlt Bank deems It necessary to appear or answer in any condemnation action, hearing or proceeding, Grantor shall hold Bank ha.) from and pay all legal expenses, including but not limited to attorneys' fees, paralegal fees, court costs and other expenses. `r/ 24. OTHER PROCEEDINGS. If any action or proceeding is commenced to which Bank Is made or chooses to become a party by reason of the execution of the Note, this Deed of Trust, any loan documents, the existence of any Obligations, or In which Bank deems it necessary to appear or answer in order to protect its interests, Grantor agrees to pay and to hold Bank harmless for all Ilabilit1w, costs and expenses paid or incurred by Bank in such action or proceedings, including but not limited to attorneys' fees, paralegal fees, court costs and all other damages and expenses 25. WAIVER BY GRANTOR. To the extent not specifically prohibited by law, Grantor hereby waives and releases any and all rights and remedies Grantor may now have or acquire in the future relating to A. homestead; B. exemptions as to the Properly, C. appraisement; D. marshalling of liens and assets; and E. statutes of limitations. In addition, redemption by Grantor after foreclosure sale is expressly waived to the extent not prohibited by law. 26. OTHER WAIVERS. No waiver, express or implied, of the performance of any obligation of this Deed of Trust, the Note or Obligations, shall be deemed to be a waiver of any other or succeeding obligation. No payment or advancement by Bank on behalf of Grantor shall be deemed a waiver of the breach occurring, or of the right to elect to foreclose this Deed of Trust; and, the indulgence of Bank to Grantor in not exercising its option to declare the entire indebtedness to be due and payable upon the happening of any one of the events or conditions herein described, shall not, even though such indulgence be repeated and extended, be construed as a waiver of the right of Bank to exercise such option at any time thereafter for any cause and without notice to Grantor. 27. PARTIAL RELEASE. Bank, at Bank's discretion, may release any part of the Property from the lien of this Deed of Trust and such release shall In no way affect the lien of this Deed of Trust on the remaining portion of the Property or any of the rights or remedies herein provided. Trustee shall, only upon proper written authorization of Bank, perform all acts necessary to execute such release. It is agreed that Grantor will pay the expenses of obtaining and recording all releases, if any, from this Deed of Trust. 28. DUTIES AND OBLIGATIONS OF TRUSTEE. The duties and obligations of Trustee are as follows: A. The duties and obligations of Trustee shall be determined solely by the express provisions of this Deed of Trust and Trustee shall have no liability in connection with the performance of the duties and obligations hereunder except for Trustee's own gross negligence or willful misconduct as determined by a court of competent jurisdiction; B. No provision of this Deed of Trust shall require Trustee to expend or risk Trustee's own funds or otherwise incur any fir obligation in the performance of any of the duties hereunder or in the exercise of any of the rights or powers hereunder, C. Trustee may consult with counsel of Trustee's own choosing and the advice of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered hereunder in good faith and reliance t vmwn; D. Trustee shall not be liable for any action taken in good faith and reasonably believed to be authorized or within the discretion or rights or powers conferred by this Deed of Trust; and E. Trustee shall not be responsible for the payment of any unpaid taxes on the Property due and owing at the time of the sale of all or any part of the Property as herein provided. F. Trustee shall not be disqualified from acting as Trustee hereunder or from performing any of the duties of Trustee, or from exercising the rights, powers and remedies herein granted, by reason of the fact that Trustee is an officer, employee or stockholder of Bank, or is interested, directly or indirectly, as the holder of the Note or other Obligations secured hereby, Grantor hereby expressly consenting to Trustee acting as Trustee irrespective of the fact that Trustee might be otherwise disqualified for any of the foregoing reasons, and that any interest which Trustee or any successor shall have or may acquire In the Obligations secured hereby, or the Property, shall neither interfere with nor prevent Trustee from acting as Trustee or from purchasing said properly as said sale or sales, and all parties waive any objection to Trustee having or acquiring any such interest In the Obligations or Property and continuing to act as Trustee. 29. SUCCESSOR TRUSTEE. Bank may from time to time substitute a successor or successors to any trustee named herein or acting hereunder to execute this Deed of Trust. Upon such appointment and without conveyance to the successor trustee, the latter shall be vested with all title, powers, and duties conferred upon Trustee herein named or acting hereunder. Each such appointment and subsiftutlon shall be made by written instrument given by Bank, containing reference to this Deed of Trust and its place of record, which when recorded in the office of the county or counties in which the Property is situated shall be conclusive proof of proper appointment of the successor trustee. 30. LEASE OF PROPERTY. Trustee hereby leases the Property to Grantor until this Deed of Trust is either satisfied and released or until there is a default under the provisions of this Deed of Trust. The Properly is leased upon the following terms and oonditions: Grantor, and every person claiming an interest in or possessing the Property or any part thereof, shall pay rent during the term of the lease In the amount of one cent per month, payable on demand, and without notice or demand shall and will surrender peaceable possession of the Property to Trustee upon default or to the purchaser of the Property at the foreclosure sale. 31. RENTAL PROVISION. Trustee hereby lets the Property to Grantor and assigns until this Deed of Trust be released and satisfied, or until an Event of Default shall occur hereunder, upon the following terms, to -wit: Grantor and all persons dairring or possessing said Property or any part thereof, shall pay rent therefor during said term at one cent per month, payable on demand, and shah and wig surrender peaceful possession of said premises, and every part thereof, to Trustee Immediately upon the occurrence of any Event of Default hereunder, and without notice or demand therefor, and thereupon Trustee shall be entitled to the rents, revenues, I) Deed of Trust (c)1984, Bankers Systems, Inc. St. Cloud, MN MO-MERC-17-080696-2.82-8 Inftfals MOSS,LONNIE 27M1099 10/29/99 "READ FRONT AND BACK OF EACH PAGE FOR ANY REMAINING PROVISIONS." PAGE 6 profits therefrom as hereinabove provided; provided that nothing in this Deed of Trust shall be construed to prevent the Bank from having and taking every legal means to enforce payment of the Obligations secured hereby, without having first enforced this Deed of Trust. 32. WAIVER OF JURY TRIAL. To the extent permitted by law, Grantor and Bank hereby waive the right, which the party may have, to a trial by jury In respect to any litigation arising from the Obligations, or any other agreement executed In conjunction with this Loan. Grantor and Bank each acknowledge that this paragraph has either been brought to the attention of each party's legal counsel or that each party had the opportunity to do so. 33. GENERAL PROVISIONS. A. TIME IS OF THE ESSENCE. Time is of the essence in Grantor's performance of all duties and obligations imposed by this Deed of Trust. B. NO WAIVER BY BANK Bank's course of dealing, or Bank's forbearance from, or delay in, the exercise of any of Bank's rights, remedies, privileges or right to insist upon Grantor's strict performance of any provisions contained in this Deed of Trust, or other ban documents, shall not be construed as a waiver by Bank, unless any such waiver is in writing and is signed by Bank. C. AMENDMENT. The provisions contained in this Deed of Trust may not be amended, except through a written amendment which is signed by Grantor and Bank. D. INTEGRATION CLAUSE. This written Deed of Trust and all documents executed concurrently herewith, represent the entire understanding between the parties as to the Obligations and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. E. FURTHER ASSURANCES. Grantor will from time to time, on request of Bank, execute and deliver such financing statements and other documents and instruments and do such other acts and things, all as Bank may request, to establish and maintain a valid and perfected security interest in the Collateral to secure the payment of the Obligations including, without limitation, the execution of applications for certificates of ownership or title: naming Bank as lienhoider and the delivery of such certificates to Bank. F. GOVERNING LAW. Thi:; Decd of Trust shall be governed by the laws of the State of MISSOURI, provided that such laws are not otherwise preempted by federal laws and regulations. G. FORUM AND VENUE. In the event of litigation pertaining to this Deed of Trust, the exclusive forum, venue and place of jurisdiction shall be in the State of MISSOURI, unless otherr;:se designated in writing by Bank or otherwise required by law. H. SUCCESSORS. This Doed of Trust shall inure to the bevel;; of and bind the heirs, personal representatives, successors and assigns of the parties; provided however. that Grantor may not assign, transfer or delegate any of the rights or obligations under this Deed of Tr List, I. NUMBER AND GENDER. Whenever used, the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. J. DEFINITIONS. The terms used in this Deed of Trust, if not defined herein, shall have their meanings as defined in the other documents executed contemporaneously, or in conjunction, with this Deed of Trust. K PARAGRAPH HEADINGS. The headings at the beginning of any paragraph, or any subparagraph, in this Deed of Trust are for convenience only and shall not be dispositive in interpreting or construing this Deed of Trust. L IF HELD UNENFORCEABLE. If any provision of this Deed of Trust shall be held unenforceable or void, then such provision to the extent not otherwise limited by law shall be severable from the remaining provisions and shall In no way affect the enforceability of the remaining provisions nor the validity of this Deed of Trust. M. JOINT AND SEVERAL LIABILITY. All of the representation:: warranties, covenants, agreements and obligations of Grantor (d more than one) hereunder are joint and several. N. CHANGE IN APPLICATION. Grantor will notify Bank in writing and obtain Bank's written consent prior to any change in Grantor's name, address, or other application information. O. NOTICE. All notices under this Deed of Trust must be in ,writing. Any notice given by Bank to Grantor hereunder will be effective upon personal delivery or 24 hours : iter mailing by first class United States mail, postage prepaid, addressed to Grantor at the address indicated below Grantor's name on page one of this Deed of Trust. Any notice given by Grantor to Bank hereunder will be effective upon receipt by Bank at the address indicated below Bank's name on page One of this Deed of Trust. Such addresses may be changed by written notice to the other party. P. GRANTOR DEFINED The term "Grantor' includes each and every person signing this Deed of Trust as a Grantor and any co-signers. O. SEPARATE AND DISTINCT. Each privilege, option or remedy provided in this Deed of Trust Is distinct from every other privilege, option or remedy contained herein or afforded by law or equity, and may be exercised, to the extent not prohibited by law, independently concurrently, cumr,laiively, and s.,ccessively by Bank or by any other owner or holder of the Obligations. R. FILING AS FINANCING STATEMENT. clamor agrees and acknowledges that this Deed of Trust also suffices as a financing statement and as such may be filed of iw:oid as a finaiw,mg statement for purposes of Article 9 of the MISSOURI Uniform Commercial Code. A carbon. photographic or other repro'fu-a;on of this Deed of Trust is sufficient as a financing statement. 34. ACKNOWLEDGMENT. By 0h,!:r s gyia'ures belov., n e :: ✓nowiedge they have read and received a copy of this Deed of Trust. r) Deed of Trust MOSS,LONNIE 27M1099 10/29/9', Systems, Iii r - ,d, MN rs I•C-17-Ua,pr,98-2.82-5 Initials READ rR .'. r;AL✓ ��, ' r �r. 'n ,E f ISR PNV REMAINING PROVISIONS.— PAGE 7 ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FOR FROM ENFORCING REPAYMENT OF A DEBT INCLUDING PROMISES TO EXTEND OR RENEW SO*/ DEBT ARE NOT ENFORCEABLE. TO PROTECT GRANTOR AND US (BANK) FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT. . ................F's NTE D. MOSS Indlvld Individually STATE OF • ss: COUNTY C;, 09-U On this dal of417i belore me, a notary public, personally appeared LONNIE D. MOSS, HUSBAND OF SHIRLEY J. MOSS, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that (he/she) executed the same as (his/her) free act and deed My commission expires: S-30-03 — STATE OF _ N�y Pub& Nary SNI STATS OF MISSOURI 90 COUNTY OF T M'm On this_ da of (j��/- before me, a notary public, p ,WIFE OF LONNIE D. MOSS, to me known to beftthepelso-n—d,scribed in and who executed the foregoing instrument, and acknowledged that (he/she) executed the same as (his/her) free act and deed. My cormiission expires: J / 03- 30 -0 3 l `7�4 Please return this document after recording to MERCANTILE BANK NATIONAL S;�SvLn t7Str t, Springfield, Missouri 65806. THIS IS THE LAST PAGE OFA 8 PAGE DOCUMENT. EXHIBITS AND/ Deed of Trust (c)+vaa, Bankers Systems, Inc. SL Cloud, MN MO-MERC-17-000696-2.82-8 kiii M033,LONNIE 27M1099 10/29/99 -- READ FRONT AND BACK OF EACH PAGE FOR ANY REMAINING PROVISIONS." PAGE 8 EXHIBIT "A" This EXHIBIT "A" Is referred to In and made a part of that certain Deed of Trust (Deed of Trust) with future advance clause governed by RSMo 443.055, dated October 29, 1999, by and between the following parties: GRANTOR: LONNIE D. MOSS 2011 BRINK CAPE GIRARDEAU, MO 63701 Social Security N 487-54-8075 HUSBAND OF SH!RLEY J. MOSS SHIRLEY J. MOSS 2011 BRINK CAPE GIRARDEAU, MO 63701 Social Security 4 C86-54-6867 WIFE OF LONNIE D. MOSS TRUSTEE: JOHN L OLIVER, JR. 400 BROADWAY CAPE GIRARDEAU, fAO 63702 BANK: MERCANTILE BANK NATIONAL ASSOCIATION a national banking association 417 St. Louis Streot Springfield, Missouri 65806 Tax I.D. a 44-046'--22-� The properties hereinafter dr -,scribed are those properties referred to in this Deed of Trust as being described In Exhibit "A": n All of Lot Numbered Sixteen (16) in Block Numbered Twelve (12) of West End Place Second Addition and the south Ten (10) feet of Lot Thirteen (13) in Block Twelve (12) of West End Place Second Addition in the city of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 2 at page 13, land records of Cape Girardeau County, Missouri-, except that part taken by the Missouri State Highway Commission for right of way of Route "K" as recorded in Book 306 at page 7231 land records of Cape Girardeau County, Missouri. • W OeedotTrust f' syslc�r.�•.: r ,,., •/.: c ----9C-17-08069€-2.82-5 initials 2. Page 3 Attach to this awlication a scale plat of the tract, on an 81h by 11 inch sheet of paper, showing the following: a. All boundary dimensions. b. All adjoining streets and alleys. C. All present improvements. d. All intended improvements. e. All adjoining and cornering property lines and references to all owners listed in Section C. f. Zoning classification of all adjoining and cornering property. CFc` rTON C 1. List names and addresses of ALL adjoining landowners. Include land which corners on tract or which is across streets or alleys. - Otto M. & Robin M Goehman Tommy J. & Janet C. Wilson 128 Lake Circle 148 S. West End Blvd. Jackson, MO 63755 Cape Girardeau, MO 63703 Plat --South Park # 13 Plat—West End Blvd # 13 Bruce E. Smith & Pamela Burger LLP Desco 153 S. Park 430 Julie Dr. Cape Girardeau, MO 63703 Cape Girardeau, MO 63701 Plat—South Park # 11 Plat—William # 1 & 2 John L. & Jessie B. Wescoat Trust Gary J. Hetwege 2408 Terry Hill 4660 Hwy 74 Cape Girardeau, Mo 63701 Caoe Girardeau, MO 63701 Plat—West End # 14 Plat—William # 4 Philip H. Kirkland 220 Mississippi Crystal City, MO. 63019 Plat—William # 12 Page 4 2. With this application, the application must deliver to the Planning Services Division a stamped, plain business envelope addressed to each of the individuals listed in Section C, No. 1, of this application. NRCTION D 1. State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. Special Use Permit for repair of air wrenches, air compressors, pressure washers, and automotive equipment. Retail sales of parts and equipment 2. It this is an application for a special use permit, state the limitations you offer to put on the permit relating to time period, tract ownership, size and design of improvements to be constructed. Building will have needed repairs done. There will be sign on building, on William Street. Business hours will be 8 a.m. to 5 p.m. Monday -Saturday with some work done after hours not before 8 a.m. and not after 10 p.m. 3. Is a transfer of ownership of the tract dependent upon the approval of this application? N/A 4, Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract? If so, give the date and state the prior action taken. Not since I have purchased the property rN Page 5 SECTION E State the reasons why you believe the requested rezoning or requested special use pernut will be beneficial to the neighborhood and the City. The neiahborbhood will benefit because of the repairs that will be done to the property, it will no longer be an eyesore to the community. It will generate more tax revenue for the city, and we hope that in the future, it will provide more employment to the community. V ReViW I IMM L — _._. J 1___ 136 t2 (5l 6e 7 .9 6s' sa' 13e'11 (7) — to --r 61iv b' j9d48)Cf 42 43 __?OLD L�1�.�— ,., (31 (4) 2 72 66' to t9, (6! � 138 h 16 (7) 'Ind a to w to 17 (IOl ° �� (9/ 5� a 9 16 (rr1 (iZ 6 It�.e BiRTHRt6HT _ n 15 (!4/ n 0 (r3) 7 .9 Z 0 I OF GAPE iNC cn ' � � 1 4 1 � 0 14 Y t38, it a?' s l --- --- --- ""' Z Q.N (l8)1 y ti (17) 5s.4! 58.E ,N -1 (20) ,0, 4f 47' 51' 1!? i38 O.L. 26 O.L. /2 WILLIAM O.L.25 O. L. l3 F 06 601 67 It�.e 58. ' 58.a' 58.a' I ;n � 1 4 1 � (51 � (41 131, (21 (rI 1168' S8 4 5s.4! 58.E 57 (61 m7 iJ 57' O.L. /3 STREET o.c. /4 #nte of soouri MISSOURI RETAIL SALES LICENSE LICENSEE: HEARTLAND PNEUMATICS toia DRINX CAPE GIRARDEAU MO 63701 BOSS LONNIE D MISSOURI TAX IDENTIFICATION NUMBER: LICENSE ISSUED: FEBRUARY 10. 1995 !LOSS SHIRLEY J 10991972 THE ISSUANCE OF THIS LICENSE IS CONTINGENT UPON THE LICENSEE'S COMPLIANOV IN ALL nC6Z%=CTs WITH THE A9*Vl AWXrNTS OP CHAPT" 1 AA , RSMO, AND THE RULES PROMULGATED THEREUNDER. THIS LICENSE IS VALID UNTIL CANCELLED AND SURRENDERED BY THE LICENSEE OR REVOKED BY THE DIRECTOR OF REVENUE. THIS LICENSE MUST BE PROMINENTLY DISPLAYED IN THE PLACE OF BUSINESS. DIRECTOR OF REVENUE 1p OY THIS BUSINESS IS REGISTERED INSIDE THE CITY LIMITS OF cwrc czaARDEAU IN TUC COU14TV OF CAPTr CIAAADAAU AND YOU ARr LIABLE TO COLLECT AND REMIT ALL APPLICABLE STATE AND LOCAL SALES TAXES. THIS LICENSE IS NOT ASSIGNABLE OR TRANSFERABLE b ,. - m } '.' 0" V91,^; `, tRNA 3 8 3 .Al1ANDA wA4 Pn(ASnnI I 1 si {5 FoRp i Sr. 3 Sl ,0etr SrooDARp sic00 4w� siDppARp / DR�NdRER 8 v� RANCMiO r DR IDVBARDO / R[cggpoDR C 51. \ RVN Y Y 57 SCOrT SiIT Sl . SN siAc coums sr. RD. $ 1(ADDW p9 SHOW 1.1E r� ST SI CENTER � ydtn i Rv �[< \ ; i� i NEW �IAIM �+! 51 pocw000 QI s ADELINE A{.E- yA RD. gEN`AE`K & �Q �yv NAY �� f �(UI ST a MAO OR. wfU,4"P< �n LEARN dp. 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CORDONMLLF a 1µDR / Goo( HCPE x ST. wCLIgM AEE DR. £ cAPE o i S m OfN i ST. HESub NRY j ` r PropeVSIN ST A N 1N- ST. W]RGAN olpNCi R G \ 51. ElE� J�' i AN ST - - -.;TERSoN - � CNN & A. GE �i . MONT ERY ST 3 0 c sP } N a ES a _ op4T`n� 3 BRINK 9 'ST. NuecE i sT. T. Ao 2 WAINUr ST ST S No' 1t X J A � � o ROAD � I �Ny PARKW Y i' Re�� 3 hA�� � ST. Sj NUST e WALNUT Jap Y sr. ` % ST. AUTOPARK n / G ` OR. SHAWNEE Sp¢>d, Lw PARK \ F SPORTS tooST 741MAR � N0. 7t=GG,(ORY ST. cFCOMPLEX / Si. FOR a LNyy itr1 . of LINDEN 1 qP urc CARDRIALg d d',�t•{ G st \ W. RVS7 I"(1 P , HI '2 CT. INDU s ort d1Pr PIONEER DR < o BRENDA TRIAL DR. olRVSYAR Si < kAY CT RR < W W HACKBERRY ST J BRq,ycl O I I g 91 ap�G. p ' � GERNARDix Sr i S ?�' BOUNDARY s*" NNE C� tMEPN LA CRuZ S7. ST �j CORPORATE\... PINE ST. N l Sr POPLAR s I. A _� COOPER Q cooPER s T 1 [2 qa I lil CITY OF CAPE GIItARDEAU, MISSOURI Office of the City Manager Council Letter No. 151 Agenda May 1, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri RE: Request for Special Use Permit for a Juvenile Justice Center Dear Mayor and Council Members: This agenda item calls for the holding of an advertised public hearing on the request of SEMO University Foundation and Cape Girardeau County for a Special Use Permit for a Juvenile Justice Center on a tract south of Gerhardt Street in Foundation Park. The property is currently zoned M-1. Certified copies of the following items are herewith presented as evidence in this public hearing for your consideration: 1. Section 30-39 "Special Use Regulations" from the City Code. 2. The Application for Special Use Permit. 3. The Application File. These items are attached to this letter and are included in your agenda packet. The Planning and Zoning Commission recommended approving this application at its meeting on April 12, 2000, by a vote of 5 in favor with none in opposition, with 1 abstentions. There was one citizen present with questions regarding this request. It is recommended that the City Council hold the advertised public hearing. Attached for first reading consideration is an ordinance authorizing this Special Use Permit. KMB/MGM/rlf City Manager &A 3"S. Specdal use regulations. tONINC 1 . 31 (a) SUhjeet to the previa of thla a*cboq the sips eslrneL Noy by ordin.nee sn no swa saetlen or an spplicatloe O'ar • special uses persalt for special tsee eowsasaated in this socticn in ashy r hsaeie tla shfied Fran which the usax stharwise pteWWW by this chapter. This city tlMlndl shad Impure appropriate venditior and sefegualds For the Wuuxe . the special use permit, which stay Irtdude a specified period. time for the permit, a limitation . the persons who array carry mut such use, and limitations upon « requirement. for the site or design.buildings and other improvementsupon the property, all for the purpose.protecting the comprehensive plan and eonsen'ing and protecting Property and prop- erty value in the neighborhood (b) Applications f« special use permits shall be made and processed I. the same .outer as provided in section 30,5 relating to applications for district dianges. (1) The city eoundl shall determine whether such building or use will: a. Substantially increase traffic he. rids or congestion. b. Substantially increase fire halards. c. Adversely affect the character of the neighborbood; or . respect to aPe, .W use permits f dwelling pur- poses where required, be adversely affected by the character . the neighborhood. d. Adtersely Off t the general welfare of the community. e. Oveclaa public utilities. f. Be in conflict with We comprehensive city plan. (2) If the council'. finding a negative as to all the subjects referred W in this subsection (b), the application may be granted; if of firmative as to any subject, then such per- mit shall be denied. (c) Any proposed special use shall otherwise comply with aft the regulations set forth in this chapter for the district in which such use is located, irzoept that the city council may permit hospitals and institutions to exceed the height limitations of such district. t ssd C—E Clrt Det u COnE No structures shall be erected or re main oo any portion.the lot except as provided for under item C. hereof. J. No signs shall be erected on the p-1, irtg area except as approved by the city council. e. Parki.0 areas shall be used for park ing patrons. private passenger vehi' des ardy, and we charge shall be made for puking within such premises. f. The parking shall be set back in ran forruity with the established on ine quired yard. for residential usesand. where a parking area adjoins a dwell- ing use, it shall have ■ minimum side yard often (10) feet. C. The parking ares shall be suitably accrued or fenced, paved and drained. lighted and maintained free. debris QI) Any -C- district use in an -R- district t22) All uses for which special use permits arc required by other sections of these regula tiara. 123) Buildings in exusa d the height and sWzy requirements set forth in section 30-36 for 1R-4' a.d'C-2' diatrida. provided aide yards traceried In width ane (1) foci for each god of height that the W ild-C exceeds the height regulations (the district in which it is Located up to • height (seventy-five (75) feet and th—fter oro (ocrease in aide yards sball be required for any height W recces of seventy-five (75) (eet. Qt) Any 'C' duArict use in a more rtirt—t—c C' diaWct- as) ?01�­ housing under the following only L. 'R-3,' 'R-4' and 'C- Only COnly —isr Wx— . handicapped « eliaabtsd Individuals r.OuM be permit sad o rent, purdaae or Waabit units .awed ,reader Chile chapter. it. A p«aa—eat sign. p—.1rm(ly die. ptayad, mud be plaoad en this Wilding d..Ay labeling the structure as senior -qv w ter 1466 citizen housing, and also having there upon the ordinance number establish ing the structure as senior citizen hous ing (26) Reserved. (27) 71e manufacture of commercial cooking and catering equipment in *C41' districts. (28) Recycling in '62,' 'C5; 'M -I' «'M-2' districts, including salvage, procesinC and storage of paper and paper products; alu m cans and other metal containers; doth, clothing and rags; plastics and rub her products; lumber or wood products; and glass. Provided, however, that all Prrtrxss- ing, treatment and handling. the above described materials, other than loading and unloading from transport vehicles, shall be inside da building and all storage. such materials shall be either inside of a build ing or in dosed transport trailers, in such a r as not o create a ouisazlee by virtue of odor, v< n, eminion, or des charge. Provided further that any process- ing of such materiels shall rad crate a sante or health hazard by virtue of oise, odor, emission, discharge or byproducts. Loading and unloading of materials from transport vehicles rhall be oompleted and the transport vehicb removed From the premise: within twenty-( r (24) hours of the receipt of • transport vehicle on the premises Exclusions: a No special use permit shag be required ruder this section for any Person. Com peny r f a Waged o 1ac7dzng ac tiAty ter( ha Cern products whkh are manufacturmd or add On the premises when .teeth recydirzg is deet is support of the pMcipal rperaition of that busi net. b No special use permit .0 be rpuirsd (rude the prwistans d" section for reacycimig prmfit WC—-tiiora f« 0 1O 1 rad ta- aaadin, tarty (30) daY. M —7 asts. dor year. (d) Special uses. (1) Public or private landing field, landing strip, helicopter landing pad, heliport o other landing area for all forms of sim-fl. auto race track and drag strip. (2) Amusement park, but not within (hree hundred (300) feet of any 'R' district. (3) Anygerieral public buildirrgerected or used by any department of the city or county government, or Is school district. Also. of fices, warehouses, and other support build- ings for local units of government and -b-state agencies, unless otherwise lo ratedwithin a toning district which would allow a ...creel or institutional facility . the same nature as a useby-right. (e) Ce.etery, aematmrium « mate Icurn (5) Church or other place of worship, or Sun day school, in "R-1; 'R -2,'o, *R-3' -side- tial districts. (6) Circus or carnival grounds, but not wid- three hundred (300) feetdany'R' district (7) Commercial, recreational, or amusement development for temporary or seasonal rw riods. (6) IRcurutd.l (9) Institution, college, or hospital provided that any hospital or institution Permitted 1955 n any 'R' district shall be located on a site . wet lea than Gee (6) aces, shall not OCCUPY nate than Forty (40) pueent of the total lot area, said stall be set back from all Yard Beta at hast two (2) feet For each fou Of budding height - (10) Marina srdock. (11) Nursicag home in *R* districts. (12) Office building da civic, religious or char- itable organization, conducting activities primarily by mail and not handling mer dtandise «rendering servioes on the premIses, but only within the 'R4* district. (13) Privately operated community building or rraeation Geld. (1q Public utilities. (15) Riding atabic (16) Radio or television broadcasting tower or station. (17) Residential uses a provided for in sections 30-28 (GI Districts) and 3053 (M.1 Dis trios). (18) J) ­l l trailer camp, in the 'C-2.* 'C-3' and 'M' districts. No travel trailer may be used l any residential purpose either tram siently or permanently unless Located in e trailer camp or mobile home park. (19) The extraction d and. gravel. and other raw mater" requiring the removal of an overburden above the deposit, provided. however, any bulk storage of extracted .a teri■10 merburden and any processing or —tractioe, madrinery o Ota open face of any curt shall be at least five hundred (500) feel from any residential structure, str'e'et. or place. (20) Parking lots on land in 'R' districts within Ihree hundred (300) feet (ram the boundary of any C' or 'M' distriet, provided the following standards are met: a. Ingress and egress to such lot shall be from a street directly serving the Com mercial, business or industrial district. b. No buzi.— involving the repair or service of vehicles, or salt, or display thereat shall be conducted from or upon such parking areas. Accessory uses associated with a. excursion gambling boat or floalinl facility shall include the following. 1. Boat support facilities. 2. Doking or mooring facilities 3. Employee support facilities. t. Ground transportation facile ties. 5. Passenger ticketing and rete)+ tion facilities. 6. Parking facilities. 7. Security fadities- e. Signa. including those atad,cc Ce a building or other structure a boat or floating facility. 01 otherwise placed on the Prem ises constituting an e gambling boat or Coating fall ily site. Ofrstreet parking. Ofr-street par1 ing and loading facilities shall t„ provided as specified in section 30 3' of this chapter, escept that the r. quirrament for offstreel Parking fo M excursion gambling boat or Ooal ing facility and its aoeecsory use shall be one and Cobalt (1 rs). abase.: for every tyro (2) Passertge on maximum ooeupamey, plus one I apace per e.Ployee con the marimun. shift. In addition, fulls(xe bus park ing spaces shall be provided as rc quired by the Planning and wnini commieloo and city ectental. Site development Plat. In apply— for a special urge permit under 0, section. the dtvdopet<a) shall wl. .it • formal site plan fo revue. .hich yeludes but is not re<ess.� ily limited to els r.U. + C: and 1. Map and cow [raphe<a cat(n, the es of U. ow all operttle pggg, imdi<atin, o be wlnetl+ec such praPrrtiea sr s.rrvad, leasmd.OPtlon�• or pr, pvwed far such ZONING c. A special use permit shall not be required under this section for any agency of any state, county or other local government unit engaging in recycling activity for its internal op- eration purposes only and not !or resale to the public for profit. (29) Residential or outpatient facilities for the treatment of alcohol or other drug abuse l not exceeding twenty (20) persons in 'R -c' districts, or for mor than twenty (20) persons in 'C districts, with the prevision that oe special tax permit shall be issued for such a facility unless the applicant for such permit provides eve dence that he has provided written zoti ficatiom of the proposed placement of the facility to the owner or owners. Property located within one hundred eighty-five (185) feet of the boundaries of the prop- erty on which the treatment facility is W be located. Further, the erterior appear o, of the treatment facility shall re .ably conform to the exterior appear oe of other buildings in the vicinity and e treatment facility shall not be located closer than three hundred seventy (370) f t to any the, wbs(aroe abuse facility (301 Single «dwble-wide, manufactured home or manufactured businesa units for office purpose only in 'M.2' heavy industrial di.tr". (31) Family day tare homes for the care of more than six (6) duldren but not more than len (10) children in a residential verse. (321 Excursion gambling but « floating gam Win, fertility in My'C «'M' district. or oaabinat- there(. with the following proviaimns: • A -.--y tetra directly connected. saaodatmd or linked with the per. Lias of at ertrersioa gambling bost or floating facility shall be included .". and as". • part.. any.Pecra' use Prank issued there!« Orad shall also be within a'C «'M' district. w combination tkwreof 1%7 Accessory uses associated with a. excursion gambling boat or floalinl facility shall include the following. 1. Boat support facilities. 2. Doking or mooring facilities 3. Employee support facilities. t. Ground transportation facile ties. 5. Passenger ticketing and rete)+ tion facilities. 6. Parking facilities. 7. Security fadities- e. Signa. including those atad,cc Ce a building or other structure a boat or floating facility. 01 otherwise placed on the Prem ises constituting an e gambling boat or Coating fall ily site. Ofrstreet parking. Ofr-street par1 ing and loading facilities shall t„ provided as specified in section 30 3' of this chapter, escept that the r. quirrament for offstreel Parking fo M excursion gambling boat or Ooal ing facility and its aoeecsory use shall be one and Cobalt (1 rs). abase.: for every tyro (2) Passertge on maximum ooeupamey, plus one I apace per e.Ployee con the marimun. shift. In addition, fulls(xe bus park ing spaces shall be provided as rc quired by the Planning and wnini commieloo and city ectental. Site development Plat. In apply— for a special urge permit under 0, section. the dtvdopet<a) shall wl. .it • formal site plan fo revue. .hich yeludes but is not re<ess.� ily limited to els r.U. + C: and 1. Map and cow [raphe<a cat(n, the es of U. ow all operttle pggg, imdi<atin, o be wlnetl+ec such praPrrtiea sr s.rrvad, leasmd.OPtlon�• or pr, pvwed far such on CAM GMARDF to OOM 11. The beth« s dad general docs erodl bwBdio ck ekwdmeti part- yf 1 the dew{rpmwrt, Odd. tdg dal. we els, bdlitiee, cid oswgrV'kmits orawl plwed seel -pmblmgbostefGest- Z.-M7 G sod swannery sees. 2. IS 11 ee that the development Contains Getrioeat lad ts Pre vide for any necessary W Pre ped taadwide de.efapmeot ad support 4a7itims iadud. JW poriting. and the develop - most includes wfficlont river frantaee to a... -.data loca- tion and epeptton of the planned excursion Cenbling beat «floating (aclity. o. An impact "Ysia including. but not limited Co. expected sc- ewm routes, tra6c volumes, peak hewn Cf peraticn. needed road «street improwose is and trot 6c wontsals necessary ts «rem- awdAt the Ip ; , - I sues and traffic vwlurees. and plans f« w�te aewrriy and disaster rc- Spower- e. All buildings and Permanently moored ACWd,,m dull Comply with opplirahk standards of the dtys building awdm. Fischer, no occu- pdscy Permit for any aaxrmcey nae set forth in rho w«tioa shall be based prior to the frsa.swe of owcu- poery permits for all new land -loosed pruawmA dnstwr m paw- las. part of the development The city aamerl may. boos so at lis dis-- tiou approve a temporary occupancy perwk far any aoowory use (or a period o(one (1) year N the required leed4omed strvrtures cep not cen, rkUd- Cal Mird-wsr'dhwac ar aeK-storage units in lir oc"4Y diatrtda. O41 hrkise garages: For ewdesed er _I_ ofdwsed porting garages only, parking w. W. IF t" epw diwawiww Now; than the mhtnuw dee required In this toditu.os W be approved oder a aper" owe pamit. A Wadwd,pparkr[ pima ed docum eate" judllicafba far a requmdd vsdalhon from, the minuses, standards must be a brat. led with any application bwvwnder. (351 Assembly sod manufacture from pre. fabricated parts of electronic and aimilsr products In C-2 dt"ricts. (36) Single or double -wide, manu(sctumd honk « ahamdaclured business uni4 far tem porary offict purposes only during can. s4uction or remodeling of a rosin build hg in 'Id -1' II& Induatrial Districts. Any spocia) use permit, if approved, will become effective only upon the issuance of a building permit for a main building. All such temporary, office mats duan be .- moved upon occupancy of the —Ple4d construction err owepletfa. err sbmdon- ment *(the owull welion wort. whichever occur Gest (37) Double wide moaou4<turod bones (mo- bile homes) In'R-1; 'R-2.*'RJ,' or 'R4' dtauicts, with the fonawing Provisions: The manul-tured lame shall be in compliance with Federal Manu(ac- tured Home Construction and Safety Standard,,, adopted June 15, 1976, ad amended, and Missouri Public Service Commission ranks, The Unit when complete Shan hive a asw-* umwidthefoetfessthantwen- 114 ur (24 feudatka feet as mea- wrod at all paints Perpendicular to the length efthe rsan.loctured horn. which shall not be less than forty- two (42) foundation feet. This au" - dud is intended to restrict units to the type which are brought to the sits in parts, typically two (21 hAhc and at least one thousand eight (1,008) square feet minimum. All wheels. springs• axles. lights` and lowing apparatus shall be rernoved. 1966 (at%GIRAIRDEAU WOE eW ser for reswcatid in Combination with shop gift OwAor Grata w act forth in section 30-31.17e dew(opmaft plan dun be rderred to the Piac- wind, mrd dosing commimion (or study dad repel. Approval dell be eandNioned upon specific find ftp"doo f .6 , ad eowmaey unit plc. meets M SWwWC aafdkiofs: til plat the Proposed devekP'°eot d any 'C-5' Planned Commercial district in coded m a pmt ofthe plan Complies with the regulations for those districts ee set forth in seed= 2041. a) That the buOdwWN other than these Lo- ewwd within a 'C -C district, located w the wnea dull be awed say for one -family dwdlifgs, twotamOy dwellings, or multi. ple dwellings and the usual accessory usas such a Lod, « parting gapers, erornge opens add for community wdivi. ties, including churches and schools. (3) That the average lot area Per Comity Con- tained in the site, erdusive of the area oompied by •'0C district ce by streets. win est be len than the lot area per family required in the district in which the devekPwmu 4 located. Hl Tat ch. area le adaptable to cwepttte wawmuaNy devaepmeat. being bounded by major thoroughfares. dreris, rall. woods. wr other external barrier, and M- so- we goms%k without a major thae- eughbra adding through the pndect ar tseyedworphhysW fossturne which would lend (ter 1or+ the neighborhood ood ar wae- twankFoshedvenost 491 Tat w asses Aon twoold,-Cm (261 per. waft f dw gross arca, of the prejett be dewlsd b a'C-t' district and that so mora Ada fay (t;01 pereort d tha Cron area of the prr I lorwlwd is a akgk- i�dwomags. de.eld Inn mcddpk- 461 Tet oa6dorrl aro is rwrved for esrn- stbnl owe 4,100M esdl fadNhm to meet. dwlwoodsSIMINGdlkfpated POPULOiea.wr we dmfewabd in the rwpwdwwM plat. 471 That property adjacent to the area in eluted in the plan will mat be adveraely affected and to this end. the city --it may roguira, in the absence *(any apPm priate physical barrier. that uses of least intensity or a buffer of ape apace or saoenkg be arranged along the borders of the Prgjeot (81 That the plan is consistent with the intent mad purposes of this chapter to promote public health, safety, morels. and general welfare. N Uthe city council approves the pians, build- ing Permits and eertirw atm of occupancy may be bar4 even though the use of the l and and the location and bright of buildings to be erected in the area and the yards and open Space maean plated by the plan do not eonferm in all respects to the district regulations of the district in which it Is located. W A. application for • speed use permit under this section may be made dad Processed owotsmporm ww, why with a proposed amendment of the district in which such Ste lies. (h) A ape" we permit dao automatically e pin, wpm the laflure to develop the we of the land for which the spatial we permit Md been baud U the we Is not devdopd wkhhim twelve (W months slier the permit baa been issued. G) in the event the were of the hand (or which the sPorLl lee pet,sil has been Wed is do -- Unwed fora perbd efowe (Dynan, than the sped" ars hermit when automatically -pin (Cede HN7. f 80410 Ord. No- 660. f 1- 2 -149 - Ott No. 764 f 1.94848; Ord. Pic 7A7, Art 1, ib1849; Ord. Ne. 646. wets. 4.8. 4-1440; Ord - Ne. 962, art. S. 1.1441; Ord. No. 1085, art " 9-1441; Ord. He. 1227. art 2.93142; Ord. He. 1469. set 2. 123047; Ord. No. 1629. arts. 2- 3- 61645; Ord. Ne. 1861. arts. 8, 6, 4-9044; Ord. No. 1730. mL 2.61945; Ord. Ns.1772. aro. 6.6. 61845; Ord. Ne. 2905, art 1.14046; Ord. No. 9090, cot 1. /1.1{46; Ord. Me. 211M arta. 7.1. 74147; Ord. He. 2282. set S. 161047; Ord. Ne. 1269, owl. 1. 104047; Ord. NO. 1(87. art. 2. It.") dsrr. W. to 1970 l T e tr it meet be permasseAll in- otaBsd w a property designed, on- Closed fem dation system is oessr- dafce with the BOCA Nati-al Building Cade. Orimatalba of the manufactured beushtg it on the lot shall Conform b the save orientation as; the ma- jwity d conventio.ally bunt struc- tures in the immediate area (within throe hundred (300) feed. E:ampk: Front door to front lot line, rear door to roar lot line. r. Rodmud be a gable w hip roof o(at haat throe (3) to twelve (12) pttdh or C,est_ and coveted with material that is residential in appearance. including. but net limited to ap- proved wood, asphalt composition or fiberglass shingles, but exduding mr- rugatod sluml... CorruCated fiber- glass. « metal roofs: except (or W. mitred deet areas, all roof structures shall provide an rave ptq dice of- less fnoless than six (is) inches and no grater than thirty (30) inc hes- g. Esterior aiding a covering shall be of a type. Quality and appearance customarily used on conventionally built homes. h. The lot dull be provided with a hard surface (not earthen in "lure) drive- way Not less than mise (91 feet wide with side -yard park)K wlGrieot for the ptsoement of at least two (2) vehicles. i. A minimum of eighteen (18) inches .(eawi space under the entire man- ufadumd Fame shall be maintained. j- permanent steps duan be set at all motaaal exitswithappropriate hand- rails audlor guard nils. k. The unit shall be served by a water supply and sewage disposal Greta. in accord.— with the Internatiaul Plumbing Code, u currently adopted by the city. S." N. 2 1969 I eewr b. Tse tank,ball be a w by oaelM VW M 10111 thane 4=W With the ltatiead Bldeheteal 117 m. AgtlwA ottwdae� orders toe ad wtbdivoianerdiaaa MA- ..der patLMat to diaaaee M effort at the ihow of bodanatiea or Construction. including oethsct tequieematta. (38) Halfway houses for the rebohnitation of adult porweru who aro Prisons err farmer priews.., may only be located in C -L 42, C4, K.I. U4, end A -I cones, and. if .PPr,,4 are Sul&d to the following additional Condttiew: a. One (1) parting space for every four (4) residents, including staff —i- dents. b. The ProPoaed f-dUty shall provide appropriate ad reasonable security. c. 1be beliy Shan have mo exte for ,Moore of such use and m sign advertising such Use- d. At the dose of acig(nd 9PP u`*l, if the proposed t'aality is b be located within five hundred (500) feet of another such facility, public. Private or parochial school, gawp home for adults or juve-10, R -W -W- rest 01 own eoanent home (centeA Chnd.e.'s nursery or boarding hoose, day Cate center, residential zone, ending res- (dentid rue, w A -Jay fns the men- hmtdinPPsd. the tityy w,PIty 7 city ee.ws0 way tey.i<e ouch addi- tiond oosditinew an the spatial use permit ss it bels are noeessarY to osialsolse the effed of the 1 W* - see an the sm rounding prVertier, e. The applicant shot demonstrate that there duan be ne negative Impact on Property within fire hundred OW) feet of the VWosed Uciliy (39) Uk.brswery or pub be_ in ■'A2', 'CJ', or'id-1 district (e) Commusity unit Pte- The "for grad Bland may requral a si-W the nae std derelopr.eM dowers trail tar reside'" W r) BILL NO. 2000-11. ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SEMO UNIVERSITY FOUNDATION AND CAPE GIRARDEAU COUNTY, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A JUVENILE JUSTICE CENTER ON A TRACT SOUTH OF GERHARDT STREET IN FOUNDATION PARK, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, SEMO University Foundation is the owner of certain property in the City of Cape Girardeau, on which the County of Cape Girardeau desires to construct, maintain and operate a juvenile justice center; and WHEREAS, the proposed location of said juvenile justice center is a tract south of Gerhardt Street in Foundation Park, which property is presently zoned M-1, Light Industrial District; and WHEREAS, a Special Use Permit is required for said use in an M-1 zone; 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, fire hazards or 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 purposes of constructing, maintaining and operating a juvenile justice center, on the following described property: THAT PART OF UNITED STATES PRIVATE SURVEY NO. 222, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Northwest Corner of said Survey No. 222, thence South 06024155" West, with the West line of said survey 2087.27 feet, to the place of beginning; thence continue with said West line South 06024155" West, 470.53 feet; thence departing said West line, South 810 13' 15" East, 820.14 feet, to the Southwest corner of Foundation Park, a platted and recorded Subdivision in the City and County of Cape Girardeau; thence with the West line of said subdivision, North 12028103" East, 300.62 feet, thence North 120 34125" East, 159.73 feet, to the Northwest corner of said Foundation Park; thence departing said west line, North 80016145" West, 560.32 feet; thence North 80056105" West, 309.22 feet, to the place of beginning and containing 9.04 acres, more or less. Subject to any easements of record. is hereby granted to SEMO University Foundation and Cape Girardeau County, to be effective ten (10) days after the date of passage and approval of this ordinance. The special use must 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 as Exhibit "A", 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 as Exhibit "B" and incorporated herein by reference is the formal Findings and Conclusions of the City Council. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 20- A. 0 . A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk SPECIAL USE PERMIT SEMO University Foundation, 1 University Plaza, Cape Girardeau, MO 63701, and Cape Girardeau County, by Cape Girardeau County Commission, 1 Barton Square, Jackson, MO 63755, are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a juvenile justice center, on the following described property for an indefinite period of time: THAT PART OF UNITED STATES PRIVATE SURVEY NO. 222, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Northwest Corner of said Survey No. 222, thence South 06°24155" West, with the West line of said survey 2087.27 feet, to the place of beginning; thence continue with said West line South 06024155" West, 470.53 feet; thence departing said West line, South 810 13' 15" East, 820.14 feet, to the Southwest corner of Foundation Park, a platted and recorded Subdivision in the City and County of Cape Girardeau; thence with the West line of said subdivision, North 12028103" East, 300.62 feet, thence North 120 34125" East, 159.73 feet, to the Northwest corner of said Foundation Park; thence departing said west line, North 80°16145" West, 560.32 feet; thence North 8005610511 West, 309.22 feet, to the place of beginning and containing 9.04 acres, more or less. Subject to any easements of record. This Special Use Permit is granted upon the condition that the Applicant be bound by all City Ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicant to comply with these special conditions, the Special Use Permit will automatically terminate and the City of Cape Girardeau shall have the right to enter upon the land to abate such special use. 1. Additions or modifications from the original building permit must be approved by the City Council. 2. Special use shall meet all applicable zoning regulations. 3. This Special Use Permit shall automatically terminate in twelve (12) months upon the failure to develop the use of EXHIBIT A the land for which the Special Use Permit has been issued. 4. This Special Use Permit is not transferrable without consent of the City Council. IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of , 20 . Michael G. Miller City Manager ATTEST: Gayle L. Conrad City Clerk STATE OF MISSOURI ) ] s s . �! COUNTY OF CAPE GIRARDEAU ) On this day of , 20 , before me appeared Michael G. Miller, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. My Commission Expires: October 8, 2000 Delores G. Needham, Notary Public EXHIBIT A CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , , the Cape Girardeau City Council considered the application for Special Use Permit dated 3/29�2o0n filed by SEMO Univ si y Foundation and Cape Girardeau County for the property located at south of Gerhardt S in Founds -'on Park in Capes for the purpose of r n r_ In examining this application, the following factors were considered and found as noted: Yes No N/A City Council Findinga: The Proposed Special Use Permit, 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 6. Be in conflict with the comprehensive city plan 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 30-39 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 attached Special Use Permit (SEAL) ATTEST: City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Mayor EXHIBIT B (IF DENIED) �j CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , the Cape Girardeau City Council considered the application for Special Use Permit dated 3'129/2000 filed by .9EMQUniversity Foundation and Cape C Girardeau County for the property located at south of Gerhardt Street in Foundation Park in cape for the purpose of rnn-trurtincj, maintainincl and operating a juvenile justice cpntpr- In examining this application, the following factors were considered and found as noted: Yes No N/A City Council Fi ndi nq : The Proposed Special Use Permit, 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. 6. Be in conflict with the comprehensive city plan 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 30-39 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 attached Special Use Permit (SEAL) ATTEST: City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Mayor V" W CITY QP CAPE GHURDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Special Use Permit Recommended Action: That the request of SEMO University Foundation and Cape Girardeau County for a Special Use Permit for a Juvenile Justice Center on a tract south of Gerhardt Street in Fountain Park, in an M-1, Light Indusia! Dstn'ct, be recommended for ann,eva'.. Vote Count: Favor — -5 Oppose — 0 Abstain — 1 Date Recommendation Made: April 12, 2000 List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens in attendance at meeting: Randall Rhodes — reoresentino the applicants; Jeff Saylor — representing Crescent Parts and Equipment _f ( &I - Se&etary CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning ❑ OR Special Use Permit File No. 9,5 (0 Address of Property Fo u n dQ}ion Park / CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? 7 eS 2. Is plat sufficient? 3. Will intended use conform to requested zoning? AAre'> 4. Has intended use already commenced? /V0 5. Continents: City Planner/Development Services Coordinator Date .............................................................................. CITY ATTORNEY: I . Is legal description sufficient? 2. Will intended use conform to requested zoning? 3. Can requested Special Use Permit be legally granted? 4. Comments: 1� �NN1, City Attorney Date CITY MAAGER REFERRAL TO PLANNING AND ZONING COMMISSION: City ManagegN44eftg-el G. Miller Date ■ .......................... 0 . ................. ■ ■ ............................. ■ 1 PLANNING SERVICES STAFF: 1. Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date Revised 4/21!1998 City of Cape Girardeau, Missouri Application For Rezoning - ❑ OR Special Use Permit -Fxl nor � of se Off; Date Received in Planning Services Office: -3-d9-00 By: QV09 INT A 1. Street address of tract (or other location description): See attached legal description. 2. Names and addresses of all legal owners of tract: SEMO University Foundation 1 University Plaza Cape Girardeau, MO 63701 r) !:- �. -: ' ; � 1 . ; - ._....Ur' 3. Present zoning classification: M-1 4. Requested new zoning classification: N.A. 5. Requested special use: ^FOR PUBLIC BUIDING^ zoning Ordinance, Section 30-39 (3) 6. Person handling this application (name, address, phone number): Gerald Jones, Presiding Commissioner Cape Girardeau County 1 Barton Square Jackson, MO 63755 (573)243-1052 7. If tract is to be transferred, name and address of intended owner: Cape Girardeau County By: Cape Girardeau County Commission 1 Barton Square Jackson, MO 63755 Page 2 V 8. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 2 and 7 above and date of signatures): Name_ Date 3/27/2000 Name Date a.(Wa)ne Davenpoit,-)Acutive Director, SEMO Foundation Jones, vC--4-7 r Larry Bock/IX District Commissioner Commissioner Max Stovall, 2nd District Commissioner SECTION B 1. LegaFdescriptioiiofTract: (See Attached Sheet) DESCRIPTION OF SUR -VE THAT PART OF UNITED STATES PRIVATE SURVEY NO. 222, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Northwest Corner of said Survey No. 222, thence South 06'24'55" West, with the West line of said survey 2087.27 feet, to the place of beginning; thence continue with said West line South 06'24'55" West, 470.53 feet; thence departing said West line, South 81' 13' 15" East, 820.14 feet, to the Southwest corner of Foundation Park, a platted and recorded Subdivision in the City and County of Cape Girardeau; thence with the West line of said subdivision, North 12'28'03" East, 300.62 feet, thence North 12' 34'25" East, 159.73 feet, to the Northwest corner of said Foundation Park; thence departing said west line, North 80' 1 6'45" West, 560.32 feet; thence North 80'56'05" West, 309.22 feet, to the place of beginning and containing 9.04 acres, more or less. Subject to any easements of record. W-1 TITLE TO PO S 1 RVE- Y DATE 3-ZG-00 DESIGNED DRAWN TJ CHECKED WK APPROVED JOB NO, 2000-0129 SHEET NO I i RECORD ADJOINER o NON4VFORMERLY SOUTHEAST MISSOURI _ STATE UNIVERSIT" FOUNDATIO Z-` DEED BOOK 469 — PAGE 61 DESCRIPTION OF SUR -VE THAT PART OF UNITED STATES PRIVATE SURVEY NO. 222, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Northwest Corner of said Survey No. 222, thence South 06'24'55" West, with the West line of said survey 2087.27 feet, to the place of beginning; thence continue with said West line South 06'24'55" West, 470.53 feet; thence departing said West line, South 81' 13' 15" East, 820.14 feet, to the Southwest corner of Foundation Park, a platted and recorded Subdivision in the City and County of Cape Girardeau; thence with the West line of said subdivision, North 12'28'03" East, 300.62 feet, thence North 12' 34'25" East, 159.73 feet, to the Northwest corner of said Foundation Park; thence departing said west line, North 80' 1 6'45" West, 560.32 feet; thence North 80'56'05" West, 309.22 feet, to the place of beginning and containing 9.04 acres, more or less. Subject to any easements of record. W-1 TITLE TO PO S 1 RVE- Y DATE 3-ZG-00 DESIGNED DRAWN TJ CHECKED WK APPROVED JOB NO, 2000-0129 SHEET NO Page 3 V" 2. Attach to this application a scale plat of the tract, on an 81/2 by 11 inch sheet of paper, showing the following: a. All boundary dimensions. b. All adjoining streets and alleys. C. All present improvements. d. All intended improvements. e. All adjoining and cornering property lines and references to all owners listed in Section C. f. Zoning classification of all adjoining and cornering property. cFCTrnN r 1. List names and addresses of ALL adjoining landowners. Include land which corners on tract or which is across streets or allevs. 1. Bob G. Luttrell and Janet S. Luttrell P.O. Box 1287 Cape Girardeau, MO 63702 ] V 2. SEMO University Foundation 10. G.F. Holding Company Inc. 1 University Plaza 5121 Manchester Cape Girardeau, MO 63701 St. Louis, MO 63110 3. Electricians Building Company 5850 Elizabeth St. Louis, MO 63110 4. B.L.S. Corp. 2605 Gerhardt Cape Girardeau, MO 63703 5. Pamela Dale Covington - Trustee P.O. Box 2266 Harrison, AR 72602-2266 6. Narvol A. Randol Trust 815 Jurie Cape Girardeau, MO 63701 7. Leon Linex Baker Trust P.O. Box 884 Cape Girardeau, MO 63702 8. Kenneth E. Jenkins 1019 S. Kingshighway Cape Girardeau, MO 63703 9. William W. Beggs and Diana R. Beggs 606-B S. Silver Springs Cape Girardeau, MO 63703 Page 4 2. With this application, the application must deliver to the Planning Services Division a stamped, plain business envelope addressed to each of the individuals listed in Section C, No. 1, of this application. RF.CTION P 1. State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. Juvenile Justice Center See Attached floor plan and photo of a similar project in Camdenton, MO. 2. If this is an application for a special use permit, state the limitations you offer to put on the permit relating to time period, tract ownership, size and design of improvements to be constructed. This Special Use Permit will be used by the County of Cape Girardeau. If all Contingencies are accomplished asg,f:Qtfi..,.�.heir "Sell Agreement." Time period is the period of time the County owns the property. 3. Is a transfer of ownership of the tract dependent upon the approval of this application? Yes. 4. Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract? If so, give the date and state the prior action taken. No. 0 Page S CF.rTTnN F. 1. State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. This facility will look like a contemporary office building with a well landscaped site and will be maintained by the Cape Girardeau County Park Department. Additional employees, paid by the State of Missouri, will be required for this larger facility. This new facility will replace the existing Juvenile Detention Center, with the addition of offices and courtroom for the Juvenile Officers and Juvenile Court. 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'.'�i►t.� �1.�.`'�r��s��Y ik i''� � ��a�„yy� i"f:4.a����J � � i., r ., of It / �•!� �� t` If 3 % '`�T''r r .•.r'+' r i!t �` a i�•���N 1: x!45.. ` � ` � �' Y � r� w 1+,�•� 1 '.. 4H }�l i a>a ad 3t- � � �A`9��v ...- •}- • ,< 'Iii r y •(y �v 4; �'. /•J J �(•' ff,•i.Y lir. qRR j/� 1 .• � ./ - � it y- i� _,;.� rl f t � �, 11 ;� .� . qr �' t.� T•. . �T .J• I •Iri. ry1 �•�Yf>/l`.,yra .K! . i I I R PERCY CAMPS\�" L,V.IB�RT I N RCN G; fi�F .P \ COb6lf5TORC r� / I / � \ CWRT I � L_l\+ 2 Qp, Toy HIGHWA( -_ 'DU TRIAL `s OID 'UNCI OP k� C{/jFI z — I sr. I -YA Subject CWORATE I Property / 3� (J / ` p L^ ra 9� k�I OP U ST_ 3 NG 74 I 1 I I 1 I I 1 1 I g i �A ��RIS1" � II v Q j REW$ St OR. ROCR33Cf -"P[DR iE ,I. v ilQ' v �yG Sf PROfE CSS10NAL Dft. T P M[ 4om OR 4 fit, cAy[� s MYRA RH7p oR. wft l °p $ji75 1 j DR. O ST. WILLI, ff GOR)ORNUF TAR N DR. GOU 9. CWN cl 13 n 91 P o" *ALNU, Sr \ E0. w ROAD L7 Cl Y S, sr Tp ` a \TES g a AU TOPARK n DR. - 4 NE_ TIMMAR N0 1, 1NCNptY Si. ;,LN W CARDiNK s ��23 \ lN, ff S.` �I ' RUST -_ 'DU TRIAL `s OID 'UNCI OP k� C{/jFI z — I sr. I -YA Subject CWORATE I Property / 3� (J / ` p L^ ra 9� k�I OP U ST_ 3 NG 74 I 1 I I 1 I I 1 1 I g i �A CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 152 Agenda May 1, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri RE: Request for Special Use Permit for a Public Information Sign Dear Mayor and Council Members: This agenda item calls for the holding of an advertised public hearing on the request of Keith Deimund Trust and Lynwood Baptist Church for a Special Use Permit for a public information sign for Lynwood Baptist Church on the southwest corner of Cape La Croix Road and Lynwood Hills Drive. The property is currently zoned C-1. Certified copies of the following items are herewith presented as evidence in this public hearing for your consideration: 1. Section 30-39 "Special Use Regulations" from the City Code. 2. The Application for Special Use Permit. 3. The Application File. These items are attached to this letter and are included in your agenda packet. The Planning and Zoning Commission recommended approving this application at its meeting on April 12, 2000, by a vote of 5 in favor with none in opposition, and 1 abstention. There were no citizens present in opposition to this request. It is recommended that the City Council hold the advertised public hearing. Attached for first reading consideration is an ordinance authorizing this Special Use Permit. ly submitted, M. Bratton for of Planning Services / Michael G. Miller City Manager KMB/MGM/rlf 6ee. SO-SO. 6po" neo ewgulalio.a. ZONING 1 0.3. (a) buNed Its the prwiakm o(thhs section, the and esuedl W b Ordinaa« en its awn Inotion or w dMieatlsa great a special sae pudt tar r4lahaflbimpsm m snnmrated in this section is any main batedq%aused from whkk the sae ptwhlbibd by this chapter The city appropriate conditises and safeguards far We issuance of the special use permit, which may include a specified period of time for the permit, a limitation of the persons who may carry out such use, and limitations upon or eequirementa for the des or d,aign ,(buildings and other impreveonents upon the property .11 for the purpose e(pretedine the comprehensive plan cad conserving ad protecting property and prop arty values in the neighborhood (bl Applications (or special use permits shall be made asci processed in the same .sheer as provided in section 30-5 relating to applications (or district changes. (1) The city council shall determine whether ..ch building or use will: •. Substantially increase traffic box- ards or congestion. b. Substantially increase fire harards. c. Adversely affect the character of the neighborhood; or iu respect to spe- cial use permits for dock¢( Pur- poses where required. be adversely affected by the character of the neighbabood. d. Adversely affect the general w -elf.- of the community. e. Overtax public utilities. f Be to conflict with the comprehensive city plan. (2) If the council's f ding is negative u to all the subjects referred to in this subsection (b), the application may W granted; if of fhrmalive as to any .abject, then such per- mit shall be denied. W Any proposed special use shall otherwise comply with all the regulations set forth in this chapter far the distsict in which such use is located, except that the city council may permit hospitals and isstilelioss to exceed the height limitations of such district. t 20.111 CAPE CIIWi[)EAU COM - No structures dull be erected or re main on any portion of the lot except as provided fa under item C. hereof. d. No signs shall be erected on the park ing area except as approved by the city council. e. Parking areas shall be used for park m7 patrons. Private passage veli des only, and so Burge shall be made far parking within such premiss. f The parking .hail be set back in con formily, with the established or re quired yards far residential sus and. where a parking ars adjoins a dwell - led use, it shall have a minimum aide Y" el len (10) feet. C, The parking area shall be suitably screened a fenced, Paved and drained, lighted and maintained free *(debris t21) Amy 'Co district use in on -R' district. C2) All uses for which special use permits arc required by other sections of them regul- tions. RS) Buildings in tame of the height and story rogedr a set forth in a -t- 30-36 (or -R-l' and -C2' districts, provided side yards are incased in width one (1) foot f each fact of beight that the building exceed. the height regulations of the district in whi h it is looted up to • height of seventy-five (75 ) feet and t altac no iocreut i. aide yards dull be required for any height in esma f seventy-five (75) feet. zw) Any vC district use in a most restrictive `C diatrkl 3) �heisting under the Wtowing ly In 'R-3; 'RA' and 'C- _. O.ly wnior d(iva i. 6andicappeld or disabled kndividaals would be permit - rd to heat, purchase or Inhabit units .1N.ed ondr Ula chapter. e A prsoo—A sign, rmasineaty di. played. mut be placed on the building steady labeling (he structure as senior — w or 1966 citizen lousing, and also having there upon the ordinance number establish ing the structure as senior citizen hoses ing. (26) Reserved. (27) Ilio manufacture of commercial cooking and catering equipment in'CJ' districts. (28) Recycling in 'C-2; 'C-3; -M-1' or 'M-2' districts, including salvage, processing and storagt of paper and paper products; alu- m cans and other metal containers; doth. clothing and raga; Plastics and rub- ber products; lumber or wood Products; and glass. Provided, however, that all Process- ing, treatment and handling of the above- deseribed materials, other than loading end unloading Som transport vehicles, shall be inside a(a building and all storage o(such materials shall be either inside of • build- ing or in dosed transport traikra, in such manner as not to create a nuisance by virtue of odor, vermin, emission, or dis charge. Provided further that any Process ing of such materials shall not create a sarhce or health hazard by virtue of odor, emission, discharge or byproducts. Loading and unioading of maleriala from transport vehicles rhall be completed and the transport vehicles removed Som the premises within twenty-four (24) hours of the receipt of • transport vehicle on the premiss. E.clusions: •. No special use permit dull be required under this section for any person. Com "' or Gresng c•ged b recycling ac tivity of 1. even pxeded. which are rn—foclered or said an the Promists .chat such recycling is done is support of the principal operation of that bust. near. b He apodal nae ps, ak well be required under the provisions of" session kr recycling sanity oved oted by ron- prard organistiws fr (or1 d. "as sending thirty (") days M say Cal— alar year. (d) Special uses. (1) Public or private landing field, b-dinc strip, helicopter landing pad, heliport or other landing area for all forms of aircraft, out. race track and drag strip. (2) Amusement park but not within three hundred (300) feet of any -R' district. (3) Any general public building erected or used by any department of the city or county government, or a school district. Also, of fines, warehouses, and other support build- ings far local .it. et government and substate agencies, unless otherwise to cated within a caning district which would allow ■ commercial a institutional facility .(the same suit r as a usebytighC (s) cemetery, crematorium a mausoleum. (5) Church se other place of worship. or Sun day scrod, in'R-1; 'R-2; or'R-3'residen- tial districts. (6) Circus or carnival grounds, but not within three hundred (300) feet of any'R' district (7) Commercial, recreational, or amusement development for temporary or k+conal ncc- riods. (81 IRerrued.l (9) Institution, college, or hospital provided that any hospital ce institution permitted )961,5 in any'R' district shall be located on + site of not lass than five (5) .sea, shall nor occupy este than "(d0) psteeel of the total to/area, and abaL ba set back from mi Y" linos at (east two (2) feet der each foot of bulldiac Alight. (10) Marisa w dodk- (11) Nursing bane in -W districts. (12) Office building of a civic, religious a char itable organization, wridutline activities primarily by mail and nal handling mer - dsndi a ar rendering serviora on the pre n- ines. but only within the -R-4' district. (13) Privately operated community building or recreation Geld. (1e)Public utilities. ( 1 5 ) Riding stable. (16) Radio or television broadcasting tower or station. (17) Residential uses u provided for in sections 30.28 ((:1 Districts) and 30-33 (M-1 Dis tricta). (le) hovel trailer camp. in the 'G2, 'C-3' and -M' districts. No travel trailer may be used l any residential purpose either 1 - sicady or permanently unless located in a trailer ramp or, (noble home park - (19) The e:traclion of sand. gravel. and other raw materials requiring the ramoval of an overburden above the deposit. provided, however, any bulk aterage of eztr-acted ma- terial or overburden and any processing or catractiou machinery or the open face of any cart shall be at least Give hundred (500) feet fine any residential structure, sheet. or place. (20) Parking lots on land in 'W districts within three hundred (300) feet Som the boundary of any 'C' or 'M' district. provided the fallowing standards are met- •. Ingress and sC e,, to such lot shall be from a shred directly serving the com er mcial, business usins or industrial district_ b. No business involving the repair or service of vehicles, or sale, a display thereof shall be conducted from or upon .ueh parking areas. \} ZONING c A special use permit shall not be required under this section for any age" of any state, county or other local government unit engaging in recycling activity for its internal OP ,ration purposes only and not for teak to the public for profit. (29) Residential w outpatient facilities for the treatment a(,kohol or other drug abuse for not exceeding twenty (20) persons in -R-4' districts. or fee arae, than [went). (20) persons in 'C districts, with the Provision that no special use permit shall be issued for auch a facility unless the applicant for such permit provides evi dente that he has provided written oou 6u(ion of the proposed placement of the f ality to the ower or owners of Property located within one hundred eighty-five (185) fad of the boundaries of the prop- erty on which the treatment facility is o be located. Further. the exterior appcar Ince of the treatment facility .full mea recably conform to the exterior appesz ,nos of ether buildings in the vicinity and a treatment (agility shall not be located closer, than three hundred seventy (370) feet I. any eth- sub u— abuse facility (30) Single ordoublewide, manufactured home or manufactured business units for orf cc purposes only in 'M-2' heavy industrial districts. (31) Family day care homes for the arc of mor, than is (6) children but not more than tea (10) children In a residential rune. (32) E.eur,im gambling boat r hooting gar m Wing fariGly is —y 'C' r'M' district. or combinat,n thereof, with the following provisions: a Aeorsary uses directly connected. .sandaled as, keked with the or— rose ll( an ,ac.trnion gambling boat a ASSURC facility shall be included wits, and Made a Part of. any special arm permit issued therefor VIA shall also be whhi..'C re -M' dutrci. or Combirnatlen thereof 19V Accessory uses associated with an excursion gambling boat or floating facility shall include the (ollowing. I. Boat support facilities. 2. Docking Ce mooring facilities. 3. Employee support facilities. t. Grand transportation facili lies. 5 Passenger ticketing and recep tion facilities. 6. Parking facilities. 7. Security fialities. 8. Signs. including those •ttaehed to a building ce other structure. a bot or floating facility, or otherwise placed on the prem ices constituting an excursior. gambling bot or looting facll ity site. Offer -A parking. GIF -street Park ing and loath.( facilities shall b, provided as specified in section 30 3� of Chia dupter, smapt that the rc quirement for off-street parking for an excursion gambling beat or float ing facility and its necessary uses shall be one and ooe4.f (1 Vr) space for every two (2) Passengers, base, on marimum Occupancy, plus omw <] space Per empt.)-on the maamun. shift. (n addition, toli4im bus par' WC ces spashah be provided a re d cooing quire, by the planning oommlssien and city council. Site development plan In applyini for a —W toe permit wader thi' section. lis d.,.lops,(,) shall sub mit . if rm►1 silt plan Iar reviev. which I.dnrd" but is not necessar ily limited to the fallowing' -Sods 1. Maps &a, cattirIC.0.graphicsbound.of t„ 4,.k and s6 Proper tic is k luded, It"t"tin, ..I.etor rich Pr'"Wct1t1err ,,.ad. k. -d, Mined- or pn. Peered far such. am cAra maAwr to CODE L TM laediaas Wad gem" dses afaBbaMjagr strwdmes.pmk- kgio, go,ing �Wnd w . C.AlkgbotWisst- ZUd7w; sad momaaq uses. 3. EvNsw« that the 4-VIO mwnt eantelas sufficient land to pro. vide far any "pessary W pea posed La dside develapnent Wad support fac'licks, lad.d bhl parbi c. ad the develop - want includes sufficient river frontage to a000ahmodate bn- lion and operation of the planned .-nian gambling bat - nesting facility. a. An impact analysis including. but not limited to, eupeetAd ac- cess roules, tra6c vduunes. peak bears clop ration. Deeded read W.beet improvements and b-af- fic amtrok maoessery to aecon- modate the proposed uses and traffic volumes, and pram for satire security and disaster re e. All buildings and permanently seem. ,AcsKlures -lull comply with applicable staad.rds of the city. bua&.0 cedes. Fuethe4 oro soca Peary pmt for Dol, moeaaor7 rise ad forth to this section shall be imeed prior to the immeaft of aocu- pmery permit. for aft sew land-based pmmanerA dr-aotwa proposed as a part d the dewelap-io-t 17te dry ee,nol may, ha e . at Its disae- tko, approve a temporary occupancy permit for Day accasaq' use for a Varied done (1) year if the required lawd4asd strictures arc not cCm Vk,ld. 021 Miwi+arehovse or self -storage units in "lig' eavG2- districts. CM Vlvkitg garages: F« eaciosed or sc-i aw . pod sag garages only. parking qp. as. h I" apace dimensions S. the* the eakili ww aim required is tbk adimm s may be appy wdar a spacial ase permit A buildittd/parklK pies and 4scrmerttarY J,mtKxatim far a retwa4d variation from the asW� m D4ashdar4e a" k imbeak. Led with any appiicaUas Maunder. (33) Assembly and suse-&cture fn, pre. fabricated parts 0.11-t-ic cad -1-11-1 products in C-2 dulricts. (36) Single «double -wide, manufactured home « manufactured business units for tem porary effhce purposive Drily during con atruclim or road Uric d a main build jag in -M-1- Light Industrial Districts. Any special use permit, if approved. will became effective only upon the issuance of a building permit for a main building. A)I such temporary office units shall be re- moved upon eocupaocy d the Completed construction « sompletion « abandon- ment d the oo strudion work, whichever occurs first (37) Double -wide asswufactu ed bema (mo- bile homes) in'R-1; 'R-2. 'RJ: «'R-4- distrids, with the following provisions: a. The wanodedured home shall be in compliance with Federal Monufu- tured Home Cmstrudion and Safety Standarda. adopted June 15. 1976, D, amended, and Muwrh Public Service Commission rules'- b. ules.b. The unit when enmpleta shall be- -;-1 mum width dad lam than twen- ty-four (24) fouadatim feet as mee- wred at all points petpedicedar, to the length dthe manufactured lama. which shall sat be las than forty- two (42) foundation feet. This stan- dard is intended to restrict units to the type which are brought to the sit. in parts, typically two (21 h.1 - and at least she thousand eight (1,006) square feet minimum. c. All wheels. springs. aaks, lights, and towing apparatus shalt be removed. 1966 CAPE CIRARDEAu WDE OW W fOr taidon6al in combination with slap. Vbag easter urea a act (ord, in section 30-31. Tlw da.etpma t plus doll be ere(ened to the Pl-1 Slag ad a-D:ng commission lor study and report. Appreeal shall be Caditem ed upon %-C. C f nd- 8aga"to propend me-susity wait plan mats tie faBowlng aandjte er (1) That the proposed devdoprsent of any 'C4' planned commescjal district in - du" m a part of the plan Complies with the regulations for these districts as set Comb im eectica 30-31. f2) Time, the hwilduogs, ether than thou lo - mead within a'CiC district. located in the area e6aB be aped Only far one -family dvwBiogs. bro4an,ily dwell(ogs, «multi. Via awclLmgs and the meal accessory Dna each a pmate « Parknng garages, atorege space and for Community -ctivi Use. including dawrhes and adcde. 0) Tyt the average lot ares per fs-ily can laud la the silt exclusive of the area aotwpied by a'C4' district a by streets, won rat be lea than the lot aha per family required W the district in which the dewlapmac is located. (4) That the arm is adaptable to complete aemmusiV development, being bounded by ray« thDrourgbfarea, streets. reel' reads. W Other adarml barriers, and In- estar as peek iekiaut a major th ir- awgbfDn adaedjeg thrargfi the prded, W w ether phpaiml katWre whkh wwM wed w impair du adglubarlaod « eem- aDSakp as6mlemam. 481 That as mere tdan t-ONW-Cree (25) Per. amt ofthe gear onced the prop" be deeaead w a 'C -C dia,trw and that Do am" Chat A► f6M pevant d the grass arum d dw peeled IWCMW to a aiagle- f m/y diddd be devetad to muklpie. few* am~. 481 That OrrCdd"A am k swerved for recce. auaaal sad adaeMkad fsedlkiss to meet the 4( andelpatdt>Moilawa.« as dmlgsmad M to eempelsarulve plat. (71 That property adjsoe-t to the area in luded in the plan will mot be adversely .lfeded and to this end. the city oouocil may require, In (he dance d any app- wiale physical berries, that ones of least iateadV « a Iwfier of spm ap.CC « ameefng be arranged doa6 the borders of the p ieCL (6) 'That the plan is consistent with the intent and purples of this chapter to promote public health, safety, aarak. and general wtife' e. (f) If the city eauacl approve; the plans, build jag permits Dad eartifce ce, d aowWaty may be issued, even though Che use of the Ind and the location cad bekU of building- to be erected in the area and the yards and Open spoor Contem plated by the plan do oat Conforn, In all respects to the district regulations of the district in which it k located. (g) M application for a -pedal ase Permit under this section may be made ad processed conumP«eowudy with a proposed amendamt of the disvid in which such site Use. (h) A p." use permit shall automatically .rAke upon the failure to develop (e use Of the land for whkh the pedal am permit ba been issued H the me k oat developed within twelve (12) manta item the permlt has base issued. 6) In the event the tam d the lend for which eba bow issemill IS dw-- t oaf« period Cee s( e((1) year. " the epedd am par" dull au(ematially aPW- (Cede 1967. 130-39. Oct. Fla. "0. 11. 2-149, Ord. No. 76t,11. 9-16410; Ord. No. 7112. Art 1- M"; "; Oct. No. its. aria. 4.8.4-16.90; Ord. Na. SM est S. 1.1441. Ord. Ns. 1065. art 1. 9.1441: Ord. Ne. 1227. art. 3.9-2142.Ord. Mo. 1462. art 2. 11-10-93; Ord. Ne. 1626. Drts. 2. 1. 11-1441. Ord. No. 1661. mu. 6.6.8-1014; Ord_ Ne. 1730. ae1.2.6.1945:Oct. ND. 1729. rola. 6.6. 9-I446:Od. No. 1901, est 1.14w; Ord. Ne. 1060. art 1. 11-1446; Ord. Ne. SIN, arts. 7.8. 74147. 014. 1110. 22M sat. 1, 10.1017; Ord- Me. SM, art 1. 104047; Ord. No. 2487, art 2. Lt6481 :970 l The u A meet be permanentlyM- ataw as a properly dealgried. m Closed frAk"tim "at- In s... di see With to BOCA Nateuel Bulldiag Cede. .. Or(sawttoe of the masWlaetured housing wit on the lot shall Concern, to the same Orientation as the ses- jocily efesneentimally built suw- tunes in the immediate mea (within three him" (300) feel). Esampk: Front door to front lot line, rear door to rwr lot line. f. Roof must be a gable «hip rd -(-t lead three (3) la twelve (12) pitch or greater sod covered with material that k residential in appearance, including, but not limited to &P - proved wood, asphalt Composition or fiberglass shingles, but excluding Cor- rugated aluminum. corrugated fiber- glass, « metal roofs: except for per- mitted deck areas. Al) roof structures shall provide oro ave projection dao Ica than six (6) inches and no greater than thirty (30) inches - 9 Exterior aiding « covering shall be of a type, quality and appearance customarily used on conveatio Wly built homes. h. The lot shall be provided with a hard wrf o ehi- (notearthnature)drive, way Dat fess than aim (9) feet wide with side -yard parking sufficient for the pteo scent of at least two (2) vehicles - i. A minimum of eight- (18) led- dcawl space funder the entire man- ufactured borne shall be maintained. j. Pcrima ret sups shall be set at all external exits with appropriate hand- rails edAw guard rails. U. The unit shall be served by a water supply and sewage disposal system in accordance with the international Plumbing Code, a currently adopted by the city. Svn- Na . 1969 t. The Dalt shell be lrt - by as also- Ukel M I la t crated - W"the NSU"d 01014 al A 9 sure m �aemwsivelt,� ~od harbdivkimatdiasaasasad- - .cher pWUD"t esdis itaa k effect at the time of IeMaBatiaa ar Dandiudlon. (mfudmig setback raqulraments. (38) Halfway bunsm for the seLebaitatim d adult paams who an prirosees «former ptiawws, easy only be located in 41, C-2, C-3, M-1, Md, sad A-1 twee, sad, if approved, are wbjett to the following additional eoodidaoa: a. One (1) parldng space for every four (4) residents. including staff mi - dents. b. the propo-d facility shall provide appropriate and seasonable security. c. The facility shall have Do ext- avidmoa of such use and so sign advertising such use. d. AC the time dmifiosl approval, if the proposed facility is to be located within five hundred (500) feet of another such facility, public, Private « parochial school, Roup borne for dulls W juveniles, nursing. rest or CmvalOremtlame (seater), childuen's misery or boarding home. day acv renter, raMmtial zone, existing res- idential use, or facility for the MCx- ts47 W phydcally handicapped. Ibe city a em it easy require such addi Bond ooDditiooa on the special au permit a it fads are Deoraay to mialaijae the effect ef the proposed ase on the me"Dunding properties- 1he applicantshdt demonstrate that time shall be Do negative impact on property within five hundred (5f10) feet of the proposed Gclity. (39) Mk bmwery «pub brewery la 'C,3'. «'M-1 dittfict. (el Comm,mity unit plan. The owner of any 4ad dtand easy request a ape" use Peen for the uu and derelopnent dwch tract for residen- BILL NO. 2000-113 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO KEITH DEIMUND TRUST AND LYNWOOD BAPTIST CHURCH, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A PUBLIC INFORMATION SIGN ON THE SOUTHWEST CORNER OF CAPE LaCROIX ROAD AND LYNWOOD HILLS DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, The Keith Deimund Trust is the owner of certain property in the City of Cape Girardeau, on which Lynwood Baptist Church desires to construct, maintain and operate a public information sign for Lynwood Baptist Church; and WHEREAS, the proposed location of said sign is on the southwest corner of Cape LaCroix Road and Lynwood Hills Drive, which property is presently zoned C-1, Local Commercial District; and WHEREAS, a Special Use Permit is required for said use in an C-1 zone; 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, fire hazards or 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 purposes of constructing, maintaining and operating a public information sign for Lynwood Baptist Church, on the following described property: All of lot no. 9 of the second amended plat of Lynwood Hills Estate in the city and county of Cape Girardeau, state of Missouri. Also that part of the southeast quarter of section 23, township 31 north, range 13 east in the city and county of Cape Girardeau, state of Missouri, more particularly described as follows. Begin at the southern quarter corner of Section 23, said point also being the southeast corner of Lot no. 9 of the Second Amended Plat of Lynwood Hills Estates, a subdivision on file in the land records of said county; thence along the South line of said Section 23, North 890 18100" East, 196.46 feet, to a point on the west right of way line Missouri State Route W; thence leaving said south section line with said right of way line of Route W, North 200 05' 15" West, 165.71; thence leaving said west right of way line with the south right of way line of Lynwood Hills Drive along the arc of a curve to the left having a radius of 30.00 feet, a distance of 47.12 feet, thence South 69054145" West, 52.92 feet; thence along the arc of curve to the right having a radius of 125.00 feet, a distance 42.30 feet; thence South 89118100" west, 6.06 feet, to the northeast corner of said Lot. no. 9 said point being on said Quarter Section line; thence leaving said south right of way line with said Quarter Section line, south 01029112" West, 150.11 feet, to the point of beginning and containing 0.62 acres, more or less. Subject to any easements of record. is hereby granted to the Keith Deimund Trust and Lynwood Baptist Church, to be effective ten (10) days after the date of passage and approval of this ordinance. The special use must 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 as Exhibit "A", 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 as Exhibit "B" and incorporated herein by reference is the formal Findings and Conclusions of the City Council. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk 20 . n SPECIAL USE PERMIT Keith Deimund Trust, 2316 Jean Ann Drive, Cape Girardeau, Mo 63701, and Lynwood Baptist Church, 2935 Lynwood Hills Drive, Cape Girardeau, MO 63701, are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a public information sign for Lynwood Baptist Church, on the following described property for an indefinite period of time: All of lot no. 9 of the second amended plat of Lynwood Hills Estate in the city and county of Cape Girardeau, state of Missouri. Also that part of the southeast quarter of section 23, township 31 north, range 13 east in the city and county of Cape Girardeau, state of Missouri, more particularly described as follows. Begin at the southern quarter corner of Section 23, said point also being the southeast corner of Lot no. 9 of the Second Amended Plat of Lynwood Hills Estates, a subdivision on file in the land records of said county; thence along the South line of said Section 23, North 890 18'00" East, 196.46 feet, to a point on the west right of way line Missouri State Route W; thence leaving said south section line with said right of way line of Route W, North 20° 05' 15" West, 165.71; thence leaving said west right of way line with the south right of way line of Lynwood Hills Drive along the arc of a curve to the left having a radius of 30.00 feet, a distance of 47.12 feet, thence South 69054'45" West, 52.92 feet; thence along the arc of curve to the right having a radius of 125.00 feet, a distance 42.30 feet; thence South 89018'00" west, 6.06 feet, to the northeast corner of said Lot. no. 9 said point being on said Quarter Section line; thence leaving said south right of way line with said Quarter Section line, south 01029'12" West, 150.11 feet, to the point of beginning and containing 0.62 acres, more or less. Subject to any easements of record. This Special Use Permit is granted upon the condition that the Applicant be bound by all City Ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicant to comply with these special conditions, the Special Use Permit will automatically terminate and the City of Cape Girardeau shall have the right to enter upon the land to abate such special use. 1. Additions or modifications from the original building permit must be approved by the City Council. 2. Special use shall meet all applicable zoning regulations. EXHIBIT A 3. This Special Use Permit shall automatically terminate in twelve (12) months upon the failure to develop the use of the land for which the Special Use Permit has been issued. 4. This Special Use Permit is not transferrable without consent of the City Council. IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of , 20 Michael G. Miller City Manager ATTEST: Gayle L. Conrad City Clerk STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 20 , before me appeared Michael G. Miller, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. My Commission Expires: October 8, 2000 Delores G. Needham, Notary Public EXHIBIT A A CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , the Cape Girardeau City Council considered the application for Special Use Permit dated 3/2000 filed by Keith Deimund Trust and Lynwood Baptist Church for the property located at southwest corner of Cape LaCroix Road and Lynwood Hills Drive in Cape Girardeau, Missouri for the purpose of constructing, maintaininq and operatinq a puh i_ 'n orma ion s'qn for Lynwood Baptist Church_ In examining this application, the following factors were considered and found as noted: Yes No N/A City Council Findings: The Proposed Special Use Permit, 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 6. Be in conflict with the comprehensive city plan 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 30-39 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 attached Special Use Permit CITY OF CAPE GIRARDEAU, MISSOURI (SEAL) ATTEST: Mayor City Clerk EXHIBIT B (IF DENIED) U CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , , the Cape Girardeau City Council considered the application for Special Use Permit dated 3/30/2000 filed by Keith D imund Trust and Lynwood Baptist Church for the property located at southwest ro ner of cane T,arrnix Road and Lynwood Hills Drive in Capp Girardeau, MiGGolri for the purpose of ronstructinqo maintaining and operating a publir information niqn for Lynwood Baptist hur-h_ In examining this application, the following factors were considered and found as noted: Yes No N/A .City Council Findings: The Proposed Special Use Permit, 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 l 1 the character of the neighborhood. \/ 4. Adversely affect the general welfare of the community S. Overtax public utilities. 6. Be in conflict with the comprehensive city plan 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 30-39 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 attached Special Use Permit (SEAL) ATTEST: City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Mayor CITY OF CAPE GHURDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Special Use Permit Recommended Action: That the r. quest of Keith Deiir_t:nd Trust a -,-,d Lynwood Baptist `i ur::h for a Special Use Permit to erect a public information: sign for Lynwood Baptist Chtirc . on the southwest corner of Cape La Croix Ro.0 and Lynwood Hills Drive in a C-1, _ _ocal Commercial District, be recommended for approval. Vote Count: Favor — 5 Opp'-�e — 0 abstain — _ Date Recommendation Made: April 12, 2-000 List the time period, ownership, size; design, or other limitations recommended: Comments: Citizens in attendznce at meeting: Keith Deirnund — represer_ting tl::; applicants 4 -- Secretary CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning ❑ OR Special Use Permit File No. 957 Address of Property bW Corner CGDE La Croi x RoQd and CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR. Lynwood hills Dri ue, 1. Is present use consistent with present zoning? 2. Is plat sufficient? r 3. Will intended use conform to requested zoning? 4. Has intended use already commenced? 5. Comments: City Planner/Development Services Coordinator Date CITY ATTORNEY: 1. Is legal description sufficient? 2. Will intended use conform to requested zoning? 3. Can requested Special Use Permit be legally granted? 4. Comments: ZV, City rpey Date y� :...—.......................................................................� CITY,4 ANAGER REFERRAL TO PLANNING AND ZONING COMMISSION: City Manager, Michael (J. Miller Date ............................................... ■ ............................. ■ 1 PLANNING SERVICES STAFF: 1. Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date Revised 4/21/1998 r) r) r) City of Cape Girardeau, Missouri Application For Rezoning - ❑ OR Special Use Permit - 11 Date Received in Planning Services Office: 3-30-G0 By: 1. Description of the project: TO erect a sign to provide the general public information inreguards to Lynwood Baptist Church. ?. Street address of tract (or other location description): Located Cape LaCroix Road State Route W and Lynwood Hills Drive The property is located to the west side of Cape LaCroix Road. 3. Names and addresses of all legal owners of tract: Keith Deimund Trust 2316 Jean Ann Drive Cape Girardeau MO 63701 4. Present zoning classification: C1 Commercial 5. Requested new zoning classification: n/a 6. Requested special use: To be able to erect signage in the said property in accordance with rules and regulations of the City of Cape Girardeau 7. Person handling this application (name, address, phone number): George Brewer, Minister of Education and Administration Lynwood Baptist Church Leroy Brown 2935 Lynwood Hills Drive Lynwood Baptist Church Cape Girardeau MO 63701 2935 Lynwood Hills Drive Cape Girardeau MO 63701 8. If tract is to be transferred, name and address of intended owner: Lynwood Baptist Church Trustees 2935 Lynwood Hills Drive Cape Girardeau MO 63701 Page 2 9, I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Iteins 3 and 8 above and date of signatures): Name Date Nance Date SECTION B 1. Legal desci-iption of tract: All of lot no. 9 of the second amended plat of Lynwood Hills Estate in the city and county of Cape Giradeau, state of Missouri. Also that part of the southeast quarter of section 23, township 31 north, range 13 east in the city and county of Capr Girardeau, state of Missouri, more particularly described as follows. Begin at the southern quarter corner of Section 23, said point also being the southeast corner of Lot no. 9 of the Second Amended Plat of Lynwood Hills Estates, a subdivision on file in the land records of said county; thence along the South line of said Section 23, North 89° 18'00" East, 196.46 feet, to a point on the west right of way line Missouri State Route W; thence leaving said south section line with said right of way line of Route W, North 2('05'15" West, 165.71; thence leaving said west right of way line with the south right of way line of Lynwood Hills Drive along the arc of a curve to the left having a rdius of 30.00 feet, a distance of 47.12 feet, thence South 69054'45" West, 52.92 feet; thence along the arc of curve to the right having a radius of 125.00 feet, a distance 42.30 feet; then ce South 89°18'00" west, 6.06 feet, to the northeast corner of said Lot. no. 9 said point being on said Quarter Section line; thence leaving said south right of way line with said Quarter Section line, south 01°29'12" West, 150.11 feet, to the point of beginning and containing 0.62 acres, more or less. SubAect to any easements of record. Ngc 3 2_ Attach to this applicatiou a scale plat of the tract, on an 81/1 by 11 inch sheet of paper, showing the following: a. All boundary dirnensioirs. b. All adjoining streets and alleys. C. All present improvements. d. All intended improvements_ e. All adjoining and cornering property lines and references to all owners listed in Section C- f, Zoning classification of all adjoining and cornering property_ N N%I Y Cal -MIN 1. List names and addresses of ALL adjoining landowners_ Include land which corners on acct or which is across streets or alleys. David Gerlack 2004 Cape LaCroix Road Cape Girardeau MO 63701 Mike Smith 1549 Greenbrier Street Cape Girardeau MO 63701 Keith Deimund Trust 2316 Jean Ann Drive Cape Girardeau MO 63701 AAA Mini Storage Units c/Mark Rigdon 1815 Cape LaCroix Road Cape Girardeau MO 63701 a Page 4 V 2. With this application, the application must deliver to the Planning Services Division a sumiped, plain business envelope addressed to each of the individuals listed in Section C, No. 1, of this application. SECTION D 1. State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures. or drawings of commercial or industrial buildings. Property will be used to erect a permnant sign for general information concerningn Lvnwood Baptist Church. If this is au application for a special use pernut, state the limitations you offer to put oii the permit relating to time period. tract ownership, size and design of improvements co oe constructers. n/a 3. Is a transfer of ownership of the tract dependent upon the approval of this application'? %,e.,� 4 Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract? If so, give the date and state the prior action Laken. ria Page S r) SECTION E 1. State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. Lynwood has been at it's present location for 2 years. At this time there is only a temporary wooden sign that is located at the said property. We feel that by erecting a perminant sign this will be more pleasing to the eye and will offer information to the general public that is not available at this time with the current sign. W Revised 11J30198 n M.A.P. GOLD M.A.P. WHITE DARK BLUE 2050 220-37 - SAPPHIRE BLUE M.A.P. WHITE M.A.P. TO MATCH 220-37 SAPPHIRE BLUE 220 -37 - SAPPHIRE BLUE M.A.P. --- TO TO MATC H DRAWING M.A.P. TO MATCH - 230-57 OLYMPIC BLUE I 20' i, V lw n (1) DF NON -ILLUMINATED SIGN GX3 EXTRUDED ALUMINUM CABINET W/.090 FACE UPON WHICH ARE RAISED ALUMINUM PANELS W/2" RETURNS. %YNWOOD BAPTIST CHURCH" IS COMPOSED OF 9" FORMED PLASTIC LETTERS, TIMES ROMAN. CROSSES ARE F.C.O. STUD MOUNT W/1/2" STAND OFF ON LARGE CROSS. RAYS ARE1/2" ALUMINUM TUBE. 5' TOP VIEW 6" X 8" RECT. S. TUBE RAISED PANEL ALUMINUM SUPPORT W/ 2" RETURN TRIM BAR TRIM GX3 W/.090 FACE POSTS pa / 1-01 NO. 5 Off { eU ' Pl Ar Off I ` LYNWoop holy IFSfAI-ts R-3p � S89-18•00•w gg-5'`9�, 1.47 L-:4-2,30; 1 U 516+4 EASEkEW A-TMNATt W. I _ t.5 1 .o 4 TP1i 1 'an LOT NO. 5 !Jr skAN rA9!P� 5EC.G1V Mlfff D tiizRrwTE Rr�. x \N ¢ 1 PLAT OF LYNW069 / - 1� 111LL5 E51 AM5 APRROMIATE LOCATON / \! �, 1 . OF E7Q5ANG MICRUP Y / Be o FRoposm PRAtVCE r / - EAtIN�NT (r") 0 8' SART. SEW. E' SAN. SEK +489'18'00"E 1331.02 NOT ET ���—'T OT (NOT TO SCALE) SOUTHERN QUARTER CORNER OF SECTION 23. TOWNSHIP 31 V 8' 5 SEW. \\�j 03-30-00 12:45 RECEIVED FROM:5733342914 P•01 w W X E @ X C � N F- N C @ C (d @ O E OIO O > > U C C m @ O O U C1 Q_ N N n n O O O (V UO C- Q O 70 O I z 1 JA I OR. fi FRNI�' lE iN LBOUnN�— _ 1 \ e\ – _ ST DEER VxE9' CREEK W. DERBYSHIRE $ u TERANS a K [ �,lN DR. ALLEN OR. DR Em OR �r IF`t \� I ♦'t' h INFO ,' NFDi DR R`F� j I \ KEN NE 4P MAIL ARABIAN f OR N OR. i NH O °45ES"- I b °?E''Y' DR. yW� N \ RpQ 4• >< 02 DR E I SAOgF EARIEEN Je lEE DR. I j //'. HUNTERS CN. C�'✓ _ �. = R �, J �} IYN WD00 HILLS v IFJONGTON Av OR 0 3 i o 51 �" / JASMINE PLUMBNOOD �\ `•,� �n ( 6� S 'VORTH0IURC�r F a.usA CN ROSE ANA! I\ ?" / lN. � MAp10UA SCENIC DR. Subject I , T GRANITE OR \ \ Pro A \ $ - Property PATRIOT E b // \ �� �Ocf- YELRpSE J A`iE ` z ?' hl OR. HOES DR. AOOD S! 2 KALE OP RD. �k1 DR. 3 ff A(EEAT Ri 8 q a? { 5 4ASTERS OR % r`y OSAGE ARROWHEAD CO ENTRE Y rr 13A r3 hyo MARNN C'- ANNNOOD \ z <V r i DR. Oq Y VER REA 5 / \ CAROIE'NOL� q�FK� DR. BRFCI�(1`'_R/— �n EAGIE RIDGE � BREL% �IpGF THOMAS �M OR � OVE c E p..'M HOPPER – – ROAD FAWN OR. _ ��\ OR O .F. HOPPERi' ck y ` i PHEASANT OR. HOPPER n s F \ S, All $ RUN I CK STAG COWNS ST, PT. z 9. 'I I > PE <H 13 ) pI.KIANS DOGMOOD 1 1 ADELINE A{F '<- r R \ GLEHI&VI 9 g S R 'yJM L.VCE\ pR_ 4L BENIN DR. > CIA AU DR. kfJ` R��PtIF AR ay_ CHRYSIFA AVE. \ – OF MARIA LPA' � CORPORATE = 5 \ \Y J < DR. W "IS'E' A DR. \ ASPEN u n '! : ARE F DR 3� q? SPRUCE \ ST. I Roe, SNENµDp o u MM1N75A £AA/ \ \ AN THEWS°R, Cr ~F Q0 \ g KIMBERLY ST. ;{ S WHITENER MM TEJIER 5T. SUSAN "SGURI ROUTE K" LWNN DR. WDEPENDE,q \ \ CO. El HANCE OR V �AL SI p \ a jTR RD. PROFESONp n PERCY OR IT ff 'A 1 i Tg �y SYIERPT DR. Y! ! CAV ■i DR. RD NO 203 GOROCNNU.E I .q � � � W��Ciq,N SEL ¢ D" - N OF CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 15 3 Agenda May 1, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri RE: Request for Special Use Permit for a Children's Day Care Center Dear Mayor and Council Members: This agenda item calls for the holding of an advertised public hearing on the request of New Horizon Missionary Baptist Church for a Special Use Permit for a Children's Day Care Center at 800 South Sprigg Street. The property is currently zoned R-3. Certified copies of the following items are herewith presented as evidence in this public hearing for your consideration: 1. Section 30-39 "Special Use Regulations" from the City Code. 2. The Application for Special Use Permit. 3. The Application File. These items are attached to this letter and are included in your agenda packet. The Planning and Zoning Commission recommended approving this application at its meeting on April 12, 2000, by a vote of 6 in favor with none in opposition. There were no citizens present in opposition to this request. It is recommended that the City Council hold the advertised public hearing. Attached for first reading consideration is an ordinance authorizing this Special Use Permit. submitted, en . Bratton D* ector of Planning Services Mihae cl G. Miller City Manager KMB/MGM/rlf 600. 60-36. 6peow wale rogulatlsaa. :oNsrtc 1 so.s1 (s) Sttbod to tbo Fwisictu of" "Cook the silly assailed w by ordiaans airs Its awn nation or as apptiat:an peal a special airs peak for the special aaa aalut IMIldd in this SWUM b any as hersk Qwlified from WM& lbs ass ase stlarwise paNWtod by this efiapfs. The tits aratcil shall bslptse appropriate con liUau and safeguards for the issuance of the special ase permit, which sway Induce • specified period of time for the permit, a limitation of the persons who may tarty suit such uta, and limitations wpm sir requirements for the aim or design of buildings snd other imptorements upon Use property, all for the purpose of prdetlin( the comprehenrive plan and eonatvieW and protecting property and prop- erty values in the neighborhood. (b) Applications for special use permits ab ill be made and processed in the same mumer as provided in section 30-5 relating to applications for district changes. (1) The city council shall determine whether such building or use will: a. Substantially increase traffic list - surds; or 000gcti... b. Substantially increase fire hazards. c Adversely affect the character of the neighborhood; or in respect to spe- cial ase permits for dwelling pur- po_ whore required. be adversely affected by the eharatter of the newlb-bond. it. Adversely affect the general lrelf ire of the community. e. Overtax public utilities. f Be in conflict with Uhe comprdtensive city plan. (2) If the cou064 f ding a negative as to all Use subjects referred to in this subsection (b), the application may be granted; if af- firmative as to any subject, then such per. mit shall be denied. (e) Any proposed special use shall otherwise comply with all the regulations tat firth in this chapter for the district in which such use is located. except that the city council may permit hospitals and institutions to exceed the height limitations of such district. CAVE CIIUIIIE)"t) COnE No structures dull be erected or rr- rnain on any portion of (he lot except - provided for under item C. hereof. d. No signs shall be erected on the park ing area except as approved by the city Council. e. parking ares shall be used for park - lag patrons, private passahger velhi. des only, and sou charge shall be made for parking within such premises. f. The parking shall be set back in con formity with the established or rs- quired yards for residential taus and, where • parking ares adjoins a dwell - (&C use. it shall have a minimum side yard Often (10) feet. C. The parking area shall be suitably acreemed or fenced. paved and drained. lighted and maintained free ddebris. Cal) Any 'C' district tau in an "R' district. a2) All uses for which special use permits arc required by other sections of these regula - lions. on) a -,1A C. in excess dine height and story soquirementa set forth in sactian 30-36 for 1R-4' ard'C-2' distrida. provided side yards are increased in width one (1) foot for each fad of bleigbt that the buildung exceeds the height regal lieu of the district in which it is located up to a height -(seventy-five (75) fol and thereafter oro imueaae in aide yards dull be required for any height in seas of seventy-five (75) feet. Qe) Am, 'C' district awe in a more restrictive 'C district - CIS) Moen honing under the following only In 'R-3: 'R4' and 'C' :a.; _. Only ssio elli—m. handicapped or diublmd kdivWasla would be permit - Md M sent. putduse r Indtalik uniu snowed ardor ehlo duptar. e. A poemmnat sign. prottsklmatly cis puyad, mud be p(aad en she building dsady I.b4U n, the structure os snip w w of 1966 c,tircn housing, and also having there upon the Ord in"" number establish ing the structure as senior ciliren hous inc. (26) Reserved. (27) Tile manufacture of commercial cooking and catering equipment in 'Cr districts. (28) Recycling in 'C-2: 'C-3; 'M-1' Oe '14-2' districts, including salvage, processing and storage of paper and paper products; alu- minum cans and other metal containers; cloth, clothing and rags; plastics and rub- ber products; lumber or wood products; and glass. provided, however. that all process - Ing. treatment and handltmg of the above- described materials, odour than loading and unloading from transport vehicles, shall be inside of a building and all storage of such materials shall be either inside of a build- ing or in closed transport trailers, in such a manner as not to create a nuisance by virtue of odor, vermin, emission, or din charge. Provided further that any Process. ung of such materials shall not create nuisance or health hazard by virtue of naiu, odor, emission, discharge or byproducts. loaduhg and unleadung d materials from trarsport vehides shall be comPkted and the transport vehicles removed from the prem;_ within twenty -tour (24) hours of the rcecipt ot • transport vehicle on the premises. Exclusion: •. ".spacial ws permit shall be required ander this section for any Prcasn. tom pasty or Gym eneagod M "xydinf u- tivfly a( its own producta which ar1 manuuetured Or sold ora tha pcemtss when such recycling is dose is support Of the principal .peratten 6(tut buai- nes.. b. No spad.1 will, permit will be regWsed ,ander the providau of Ihlo sad(.n for tocydisng aWIKY essdast0d by wen- ..&., Wrty (30) days stain. dar year. (d) Special taus. (I) Public or private landing field, landing strip, helicopter landing pad, heliport or other landing area for all f—,; of aircraft; auto race track and drag strip. (2) Amusement perk, but not within three hundred (300) feet of any'R' district. (3) Any general public building erected or used by any department of the city or county government, or ■ school district Also, .(- Gar, warehouses, and other support build - i gs for local units of government and ..b-ctate agencies, unless oUxrvrise lo- oted within a coning district which would allow a commercial or institutional facility of the same nature as a useby-right- (c) Cemetery, erernatceium or mausoleum. (5) Church or other place of worship, or Sun- day school, in'R-1; 'R-2,'oe'R-3'residen- tial districts. (6) Circus ce carnival grounds, but not within three hundred (300) feetof any'R' district (7) Commercial, recreational, or amusement development for temporary or seasonal pc- riods. (e) IR«rvcd.l (91 Institution, college, or hospital provided that any hospital ce institution Permitted s"er "., u 1965 in any 'R* district shall be located on • site of wait len than five (6) was a, atoll ad ooatpy mere Ilton fatty (d0) pace nt 9fthe total {si tram, ad than be sat back from all yard limn at haat two (2) (set for each foot of limuiag bdcht. (l0) Marine air deck. (11) Nursing hone in'R-district:. (12) Office building a(a civic, religious o char. itable sgenlratimn, conducting activities primarily by all and not handling mer chutdim air rendering i ervies en the prem- iss, but only within the 'R4' district. (13) Privatelly operated commuslty building or recreation Geld. (1/) Public utilities. (15) Riding stable. (16) Radio or television broadcasting tower or station. (17) Residential uses as provided for in sections 30-28 (Gl Districts) and 30-33 (M-1 Dis tricu). (18) navel trailer camp, in the 'G2. 'C4' and 'M' districts. No travel trailer may be used for any residential purpose either tran- siently or permanently unless located in a trailer camp or mobile home Park. (19) 71reextraction of sarnd, gravel, and other raw materials requiring (he removal of ars overburden above the depesit, provided. however, any bulls conga deztraded ma- terial ee overburden and any prooessing or extraction madnittcy, or Ute open uce of any cut shall be at kart five hundred (600) feet from any residential strucWrq street. or plaint. (20) Parting lots on lard in "W districts within U. hundred (300) fed from the boundary of any 'C' or 'M' district, provided the following standards sure met: a. Ingress and egress to such lot shall be from • street directly serving the 'em' - inertial, business or industrial district. b. No business involving the repair or srvtcc of vehicles, ce ask, or display thereof shall be conducted from or upon such parking areas. ZONING c. A special tau permit shall not tic required under this section for any agency of any state, county or other local government unit engaging in recycling activity fee its internal op- eration purposes only and not for resale to the public for profit. (29) Residential or aulpotie nt faWities for the treatment of alcohol or other drug abuse for not exceeding twenty (20) persons in 'R4' districts, or for vote than twenty (20) persons in "C' districts, with the provision that vin special use permit shall be issued for such a fa city unless the applicant for such permit provides evi- dence that he has provided written cou- 6cation of the proposed placement of the fwlity to the owner or owners of property located within one hundred eighty-five (185) feet of the boundaries of the prop- erty en which the treatment facility is o be located, further, the exterior appear once of the treatment facility shall yea. Oably conform to the exterior appear' once .(other buildings to the vicinity and a treatmaht facility shall not be located closer than twee hundred gummy (310) feet to any other substance abuse facility (301 Single or double wide. manufactured home or manufactured business units for once purposes only in 'M-2' heavy industrial districts. (31) Family day care beams far the care of more than six (6) children but not more than ties (lo) dJWren M a residenti•1 roe. (321 Emuraion,ambliK but s floating Ven blta< utility M —Y 1C, or 'W district. or mmbuisa mn therod. with the allowing provisisos: • Amaamy ass directly connected. saandat0d K tusked with to aporr ws a( so excursion gambling boat fia(%Itg facility shall be isduded iib, and mad. a P6461. toy spool as parawk issued therefor and shall Aso be within • 'C' ar 'Id' distrwt M aonbnaten tereo( Accessory uses associated with ar excursion gambling but or Berlin) facility shall include the following: 1. Boat support /acilitks. 2. Docking or mooring facilities. 3. Employee support facilities. t. Ground transportation He'll ties. 5. passenger ticketing and recti: tieeh faGTitifa. 6. Parking facilities. 7. Security facilities. 8. Signs. including those attach« to Is;;Odin, ee other structure a bat or (bating facility, o. otherwise planed an the prem (ms om.6bttiog an excursion gambling boat or Boating (oci1 ity site. Of! -street puking. Off-street Part in, and loading facilities shall b Provided as apedfed in section 303' of this h pw. except that the re qu(rment file sifstreet parking fo an excu sine gambling beat or noel irk, facility and ita aenessery shall be one and o-tulf (iVil space me for every two (2) passengers• base on maximum ecapaoey. plus one ( l space per employs en the -- shift. In addition, fdlstre bus pari Inc aPaw dull be provided as 11 commloales and dl4'�ce 10 and ens. site development plan to applyin. for • spacial as lit order the settee. the Iev l psa(a) shall cul mit • fanaal ai" plow Ion fesi<` which kndudas. but Is sol neceass' icy Usaited a the "awfor hca int 1. W � �tdsaw �aries al t. cauagMk ,rind icaam riutr. ..fist., swdr peropus" 0, p��� eep. M CAM OIaAnDEAU OODC 1:. rm weettsas -4 vaeralslat, craftwrd.e6 eteoet-park- FWAC d. dewwpa.nl bJvd- ing d.0 N Stec Gcllilfes. and amAPUM7 mets. a�(Ihe planned eOlief RswuM'ttg IndK6art- fn6 GdGty, and soose ery uses 3. Evidence that the development nentsin, sutrwieat land to pro- vide for my secessary a pe- paaad lacd4ide 4eveiopanem Sad support (amities. is elud- Ing Ping• and the de-lop- sessl includes sufficient efvtr frac to accammodota kn- tion and epention e( the planned ezcursioa gambling bat K floating (aality. 4. A. impact analysis including. but ad limited to. expected ar- -,-tM traffi- fumes. peak bean of operation. needed road zstreet iampn nersentstad traf controls necessary to aoosm ..date the pnpaed uses and traffic volur.es, and plans for eaite security and diaster re e. All buildings sod permanently aaeaed .ructus shall comply with appti .bk standards a( the itya buildiag codes. Further. rc acre - Peary Permit far say acoeeaory use ad forth In this sorban shall be Isawed prier to the issuance Of m - Mad permit. Gr all new land-basd ,.me ..t su-tures proposed a a peri of the derel-p.erht The city ,wwrneil may, he C.. at its sls lien appove a temporary ac cuPan<y permit fbr any accessory use for a period e(ene (1) year if the required led4ased structures are not cum pleled. rJ31 Mi,i+arali.uae a self-stotage units in +cr er*ar di.tricts. 041 ►arkiag garages: Fa and.sed w semi enclosed parking garages only. Parking 4 Nit ep. elioaasfenma was that the .wlsers siee ertWmd In WIs erdi.a.ea easy Inc apprs.sd ender a special wee pwmiL A WildindPMM6 plan ssd drew.,aWy jwU6u(jap Gr a eSgwoted •a/istien Gas the ddmum standards oust be subnit- tsd .r(W any nppliarlies, hereunder. (35) Assembly and manufacture from pre. (sb,kAted parts of l r(ronic and si.nilsr products in GS districts. (36) Single w double -weds• aunu(sctured home or v snu(sctured business units for tem porvy SQce purposes only during mon cu -tion K remodeling of ■ main build hng in 9d-1. light Industrial D;atricu Any apodal use Permit, if approved. will become effective only rpm the isauanoc of a building permit for a main building. All such temporary e(fioe omits shall be re moved upas occupancy of the completed construction K completion R abandon meet -(the construction work, whichever occurs frsL (37) Double -wide mannLfadured beumss (mo bile Mmes) in'R-1: 'R-Y,"RJ: K'R-4' districts. with the following Pro'^sions: .. tie manufactured home .lull be la campliamm with Federal Manufs< lured Home Cmst+ucUm and Safety S t.,..l...s. adopted June 15, 1976, as amended, and Missouri Public Servbe Commission rule.- b. the wait when complete shall ba- -;. *_.- aveoi.imum width dad less than tweo- tyfour (24) foundation feet as mes- wred at all points Pape ndioular to the length -(the manulaaurrd home, which shag not be less the. forty tore (42) foundation feet. This star - A" it intended to restrict -MU to the type which are brought to the site in part., typically two (21 h.1 - sod at least tone thou -.d eight (1,006) square feet minimum. c. Ali wheela, springs.,ales.lights, and towing apparatus shall be removed. 1966 cwit CIPARV AU twos: aid K for midmtul ion combination wiW slop- ping esanK wets as act gK1h in section 30-31. 71c f,.elepas m plat shall be referred W the plan .fag and assing mmmipion to, study and repo,t. Appaml shall be conddio sed upon .pcafK fid G1pe Wert do prepasd a-""jty unit plan ,leets M Gas esnditions: 411 tial eke prepared development e( any 'C -M planned commercial district in- cluded ere a pad -(the plan euemPlies with dee regulations for those districts a set Gtth Is section 30.71. W That the buildings, ales than thou Io - o" within a 'C -C district, located in the men "be need only for one-1s-ly dw,Bimgs, two-GmDy dwellings. K multi- ple dwellings and the usual scorsaory sessweir a private er parking garages, storage space and for community adivi ties, including churches and school.. 431 Mist the sverage lot area per family ron taiaed is the site, exclusive of the ares oewpkd by a 'G4' district or by -t ecu, will awl be km Wan the Lot cru per GnBy required in the district in which the development k located. (4) Mbit the ata Is adaptable to rompdelc el,mme", develspmeel being bounded by major th,rangh(ana, creels, rail - lend., K e0sw adonmd barriers, and in- sofar N pmfble wWwut • major dor- eughfaCo adadiOC thorough the pnajea• er say ether ph," feawte which would 4sd to impair We a fgh6Klad or cora- momw arhesiveaam. 461 Mbar ere .felt Wenn twentyfrte 1251 Per- 0" en,cwt of do grey anon. of the preject be deresed M a'C4' district and that as amara W� filly KO) peeesait -( the [sena a,N of a prvi,d wetted in a single- fim9y district be fe.eled N mstUpk- da.9y d..e+.ca. of tial lrn Sidawt ata k aaeswd fK rven- atl.sd god 61110etianal fae9klas u asset tet asadsafdw am CIPS"d peprMlbn, Of N design ided M She ampulmwfve plan. (7) nut property adjacent to the arca in eluded in the plan will not be ad-[,, .Reeled sod to this end, the city council may requite, in the absence *(any M" pri.te physical barrier, that uses of kart intensity er a buffer of Open .Pace or ,,seeing be arranged along the borders -(the P,*C - (S) That the plan is consistent with the intent and purposes Of this chapter to poma< Public health. safety. aural.. and general welfare. (n if the city mus 3 approves the plans. build- ing permits and eertificatea of occupancy may be issued even though the use of the land and the location and height a( buildings to be erected m the area and the yards and open apace c meso plated by the plan do not conform in all re.pe t to the district regulation, of the district in which it k located. (C) A. application far • special use permit under this section may be made and processed Omfempo mumusly with • ptopmed ....Mrment e( the district in whish .srh site lies. (h) A ,pedal tae permit shag autanalically expire upon the faflure to develeP the use of Uhe land for which the apedd use permit bas been i.ausd if We wee Is ked devdopd within twelve (12) m,mdr a94r the permit bas bass k.u,d. G/ In the etee the use of the land for which the ap,dd tae petmlt has here Issued is 4 -- tinned fx a pecied efOme (1)yar than qhs -Peds! was permit shah motomatically aspke- (Cede 1967. f 304ML Ord. Ho. 660, 11. Y-149. Ord. No. 764, f 1. 9.16419. Ord. Ne. M. A+L I. IL1349i Ord. N.. 846. seta. 4, S. 4.16.90: Ord He. 961. ago 3, 1-1441; Ord. Ne. INS. art. 1. 9.1441; Ord. Ne. 1137. tet 3, 9,2142: Ord. No. 1469. art- 1. 11.2043; Ord. Ne. 1629. alts, 1, 3- 6.144M; Ord. Ne. 1661. arts. 6.6. 6-9044: Ord. No. 1730, ML 1.6.1945; Ord, No. 1779. tisk. 6, 6, 9.1645; Ord. Mo. 1904. set 1.94046: Ord. NO. 1090. mgt 1. 11-1446; Ord. MS. 1196. arts. 7. 8. 14147; Old. Ne. !161. art 1.10-9047: Ord. Na 1269, nrl 4 104047; Ord. hoe. 1487, art. I. 1.1449) srSS. w m 1970 111 tie WA .oust be perutss-y'a- adwd as a properly . on. Closed f and u n system is amen dance wkh the BOLA Natbnsl Building Cede. Oriatatka Of the maatdaeWred housing wnit an the lot shall Conform to the sane orientation a the ma- jority s( Conventionally built Ww- cum in the immediate area (within three hundred (300) feet!. Example Front door to front lot line, rear door to roar lot lime. f. Roc( must be a gable or hip roo(-(at kat three (3) in twel a (12) pitch or greater tact ewtrsed with material that is residential in appearance. including. but not limited to ap- p,ovtd wood, asphalt snmpoxition or fib -rhea chi wtta. but-duding -- -gated aluminum, eortuCated Go - glass. w mew roofs: except for per- mitted deck areas. all roof structures .hull protide an ave projection dna 1m than au (6) lodes and no greater than thirty (30) inches- Et-i- nc es.Et-i- aiding or ow-ing shall be d a type, quality and appearance ,utomarUy used on conventionally built Mmes. h- The lot shall be povided with a bard surface (nateartlorn is eutrre) dti.e- way not leo than nine (9) gee wide with aide -yard parking sufficient for the placement of at ka.t two (2) vehicles. i. A minimum of eighteen (18) inches of crawl spore under the mtile man- ufactured home shall be maintained. j. Permanent steps shall be set at all external ecu with apProPrtate hand- rails and/or guard rails. k, tie unit shall be coved by a wa(.cr supply and sewage disposal system in aocadance with the International Plumbing Code, a currently adopted by the city. s..rr Ne x0 1969 L tit malt aha" beNew! bas ele- UW Iseult.IS GOO claw w(W the �d tun at. Agas� Y^ 9aYrAsn�N .till oesfmm M ad appliabk td terbdi.fsiesoltdira.N.sd� , wler patinest MC-mle is allied at the time of ledaWtion er aeruteactfon. wdudiog aetbadk requirements. (38) Halfway haer,s fee the rehabilitation of .disk pssecns who aro prisoners er former priasoan, may Only be bested in 41, C2. C.S. U-1, U44 and A-1 sesta, and. if .ppe.ed, ale msaect to the following additional maditions: a One (1) padd.g space for -,y four (4) residents, including staff mi dents. b. The proposed (aality shall provide appropriate and reasonable security c. The facility shall have no exte for e.idene, e( such use and no sign .dvertidng such use- d- � proposed f city isltoo be located within jive hundred (SM) feet of another such 4mity, public, private or puochid school, group home for adults er juvemlea, nursing. rest or exenvaleaeonthome(center,eh ildnen'. emsecy er boarding Mme- day care centec, midential zone. existing m- idenud usq K facility for the men - rally K physically handicapped, the city Ow-cil may require bond 000&tw on the Road.! nae permit N it teals are necessary to erinimlae the effect e( the prol- use an the arrtcu.ding properties. e. -11. pplicant shall demooatnte that these shall be oro negative imPad on property within five hundred (SM) tee of the proposed (aality. (391 Miaobcewery or pub brewery in ■ "CT. er *U-1 district- Community istrictCommunity unit plan. 71e Owner of any trail e(laad may request a special uta permit for the use and deteloprment -(wdn inset for residen- 0 nBILL NO. 2000-114 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO NEW HORIZON MISSIONARY BAPTIST CHURCH, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A CHILDREN'S DAY CARE CENTER AT 800 SOUTH SPRIGG STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, New Horizon Missionary Baptist Church is the owner of certain property in the City of Cape Girardeau, on which the it desires to construct, maintain and operate a children's day care center; and WHEREAS, the proposed location of said day care center is 800 South Sprigg Street, which property is presently zoned R-3, Two - Family Dwelling District; and WHEREAS, a Special Use Permit is required for said use in an R-3 zone; 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, fire hazards or 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 purposes of constructing, maintaining and operating a children's day care center, on the following described property: All of Lot 1, Block 3 of the Giboney Houck Second Subdivision in the City and County of Cape Girardeau, Missouri. is hereby granted to New Horizon Missionary Baptist Church, to be effective ten (10) days after the date of passage and approval of this ordinance. The special use must 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 as Exhibit "A", 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. V ARTICLE 3. Attached hereto as Exhibit "B" and incorporated herein by reference is the formal Findings and Conclusions of the City Council. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk , 20-- A. 0 . V 0 W n SPECIAL USE PERMIT New Horizon Missionary Baptist Church, c/o Rev. Howard McGee, Jr., 800 South Sprigg, Cape Girardeau, MO 63703, is hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a children's day care center, on the following described property for an indefinite period of time: All of Lot 1, Block 3 of the Giboney Houck Second Subdivision in the City and County of Cape Girardeau, Missouri. This Special Use Permit is granted upon the condition that the Applicant be bound by all City Ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicant to comply with these special conditions, the Special Use Permit will automatically terminate and the City of Cape Girardeau shall have the right to enter upon the land to abate such special use. 1. Additions or modifications from the original building permit must be approved by the City Council. 2. Special use shall meet all applicable zoning regulations. 3. This Special Use Permit shall automatically terminate in twelve (12) months upon the failure to develop the use of the land for which the Special Use Permit has been issued. 4. This Special Use Permit is not transferrable without consent of the City Council. EXHIBIT A IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of , 20 Michael G. Miller City Manager ATTEST: Gayle L. Conrad City Clerk STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 20 , before me appeared Michael G. Miller, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of l i Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. My Commission Expires: October 8, 2000 Delores G. Needham, Notary Public EXHIBIT A N W r) CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , , the Cape Girardeau City Council considered the application for Special Use Permit dated 3.129/2000 filed by New Horizon MissionaryRantist Church for the property located at 800 South Spriqq Street in Cape Girardeallf Missouri for the purpose of constructing, maintaining and operating a c-hildran's Blah rarer center_ In examining this application, the following factors were considered and found as noted: Yes No City Council Fi nd' ngs: The Proposed Special Use Permit, 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 6. Be in conflict with the comprehensive city plan X N/A 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 30-39 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 attached Special Use Permit (SEAL) ATTEST: City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Mayor EXHIBIT B (IF DENIED) CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , the Cape Girardeau City Council considered the application for Special Use Permit dated 1/29/2000 filed by New Horizon Missionary Rapt -i s huh for the property located at 800 South ,Sprigg S rPet in Cape Girar au,Missouri for the purpose of cons'-ruc 'nq, maintaining _3nd-_nPratinq a children's day care nt In examining this application, the following factors were considered and found as noted: Yes No N/A city Council Finding -s: The Proposed Special Use Permit, 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. �J 4. Adversely affect the general welfare of the community 5. Overtax public utilities. 6. Be in conflict with the comprehensive city plan 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 30-39 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 attached Special Use Permit (SEAL) ATTEST: City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Mayor CITY OF CAPE GHU"EAU PLANNING AND ZONING COMMISSION RESPONSE Request for Specie 1 Use Permit Recommended Action: That the request of New Horizon Missionary Baptist Church for a Spe&.3 Use Permit for a Children's Day Care Center t 8:X0 South Sprigg Street in an R-3, Two- _: amily Residential District, he recommended fr annroval. Vote Count: Favor — 6 Oppose — t Abstain — 0 Date Recommendation Made: r) April 12, 2000 List the time period, ownership, size, d --sign, or other limitations recorninende-�: Comments: Citizens in attendance at meeting: Rev. Howard McGee, jr. — ret resenting the applicant Secretary n CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning ❑ OR Special Use Permit 29 File No. �5,5 Address of Property 800 South S pr'I Qa S reed CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? 2. Is plat sufficient? 3. Will intended use conform to requested zoning`? 4. Has intended use already commenced'? 5. Comments: :14 -3 Cit�r/Development Services Coordinator Date ..................... 0 . 0 ....................... ■ .............................. . CITY ATTORNEY: l 1. Is legal description sufficient? 2. Will intended use conform to requested zoning? 3. Can requested Special Use Permit be legally granted. 4. Comments: A, Date CiftAttorn ...�.�...... ................................................................., CITY MAN i GER REFERRAL TO PLANNING AND ZONING COMMISSION: City Manager, Mitrael G. Miller ,-/, - / e; Date . . ...... ■ 9 ........ 0 .... 0 ...... I ....... ■ ■ ...... ■ ■ ............................. ■ 1 PLANNING SERVICES STAFF: 1. Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date Revised 4r21/1998 City of Cape Girardeau, Missouri Application For Rezoning - ❑ OR Special Use Permit - 0 1 �ta„� �! Date Received in Planning Services Office: 3-,Q q -Oc) By: CTi 0'PY 1N A 1. Description of the project: Basement stairwell on east side of existing building, Size based on requirements of city code or ordinance, 2 retaining walls, one on each side, steps as needed to exit building, drain placed at bottom of steps, Cut hole for door way in basement wall, Install 3'0" x 6'8" PANEL STEEL 20OR NeWadYWU&ct (or other location description): 800 South Sprigg, Cape Girardeau, Missouri 63703 3. Names and addresses of all legal owners of tract: New Horizon Missionary Baptist Church 800 S. Sprigg Cape Girardeau, Mo. 63703 4. Present zoning classification: R-2 (Single Family Dwelling District) 5. Requested new zonin classification: Special Use P rmi.t 6. Requested special use: Children's Daycare Center 7. Person handling this application (name, address, phone number): Reverend Howard McGee Jr. 800 S. Sprigg Cape Girardeau, Mo. 63703 (573) 334-4168 8. If tract is to be transferred, name and address of intended owner: Tract is not being transferred. Page 2 9. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): New Horizon M.B. Date Name Date Ch ch n & Rev. Howard McGee . Chairman of Board of Trustees > C1RCT10N R 1. Legal description of tract: All of Lot 1, Block 3 of the Giboney Houck Second Subdivision in the city and county of Cape Girardeau, Mo. W" V Page 3 2. Attach to this application a scale plat of the tract, on an 8'/2 by 11 inch sheet of paper, showing the following: a. All boundary dimensions. b. All adjoining streets and alleys. C. All present improvements. d. All intended improvements. e. All adjoining and cornering property lines and references to all owners listed in Section C. f. Zoning classification of all adjoining and cornering property. cV1_1111nT.-r C I. List names and addresses of ALL adjoining landowners. Include land which corners on tract or which is across streets or alleys. Norman Colyott (Property @ 808 S. Sprigg) 802 E. Washington Jackson, Missouri 63703 (Vacant Lot @ Walnut & Ranney) Melvin Porter (Power of Attorney) 531 N. Fountain Cape Girardeau, Mo. 63701 Dennis Singleton (Owner) Alice & Gene Harris 724 S. Sprigg Cape Girardeau, Mo. 63703 Travis Burke 805 S. Sprigg Cape Girardeau, Mo. 63703 DESCRIPTION of the SITE This is a rectangularly shaped corner parcel with a frontage of 50 feet on Sprigg Street and 150 feet on Walnut Street and contains a total of 7,500 square feet. This site is a basically level and on grade with the abutting streets. There is a gravel parking lot at the side of the building along Walnut Street. The site has good access and visibility by way of Sprigg Street the main north south artery through this section of the city and Walnut Street an east west collector street. � > Pubke utilities available to this parcel include electricity, water, sewer, natural gas and telephone service. These utilities are connected to and service the improvements on this site. This parcel is zoned R-2 (Single Family Dwelling District) which zoning allows for the subject use. V This site is not within the flood hazard plain, as shown on the flood plain map numbered 290458005B effective November 5, 1980, a copy of which is shown in the Addenda Section of this report as Exhibit „AV No soil report regarding the bearing capacity of the subject soils are available to the appraiser, however, settlement and subsidence have not been a problem in the Cape Girardeau area and it is our opinion that the soil conditions are satisfactory for improvements such as those which currently exist. a The value estimate is based on the assumption that the site/property is not negatively affected by the existence of hazardous substances or detrimental environmental conditions unless otherwise stated in this report. The appraisers are not expert in the identification of hazardous substances or detrimental environmental conditions. The appraiser's routine inspection of and inquiries about the subject site/property did not develop any information that indicated any apparent significant hazardous substances or detrimental environmental conditions which would affect the property negatively unless otherwise stated in this report. It is possible that tests and inspections made by a qualified hazardous substance and environmental expert would reveal the existence of hazardous substances or detrimental environmental conditions on or around the property that would negatively affect its value. s, V 21 `t Z>.,Z ra 'Ualuatla.c ee.rcpa«# W U t S t r t Site Plan Alley LIsemelit South Sprigg street of Total Site = 7,500 SF i1 t 4.4 W U t S t r t Site Plan Alley LIsemelit South Sprigg street of Total Site = 7,500 SF via, wofts-&O" 13uildilig Plait CIO Sg! t Pastor's Of f ice, Secretary'. Office I 48' Cabinets/Sink 1 lOffice Women I Kitchen Men 28' C 1 a s r o 0 m BASEMENT I.EVEL ARBA = 1,344 Square Feet NEW HORIZON MISSIONARY BAPTIST CHURCH 1)l1('K1NS VALUATION COMPANI' Real Estate Appraisers & Consultants 429 Themis Street Cape Girardeau, Missouri 63701 (573) 334-6203 FAX (573) 334-5636 File No.:970032 SURJECI' PROPERTY FRONT VIEW SS U� I� M.C� r PROPERTY REAR t H-' t.= y, a ----cc Vw S T SURJECI' PROPERTY FRONT VIEW SS U� I� M.C� r PROPERTY REAR t H-' SUBJECT PROPERTY PHOTO ADDENDUM DOCKINS VALUATION COMPANI Kcal Lstatc Appraisers &- Consultants 429 'nccmis Street Cape Girardeau, Missouri 63701 (573) 334-6203 FAX (573) 334-563, Pile No. :9700�j If)0K[NG SOU"RI A SPRIGG sIRP3T LOOKING NOR'III I SPRIGG s mR _r V DESCRIPTION of the IMPROVEMENTS Subject site is improved with a church building, containing approximately 1,344 square feet on the main ,. level and 1,344 syuare feet of basement area for a total of approximately 2,688 square feet. This building is presently vacant but formerly housed the congregation of the Church of God of Prophecy. The facility contains a sanctuary of approximately 1,344 syuare fcct that bas hecn reccutly renovated. There is a he sanctuary and the fur platform across the front of tnishings for the platform include a pulpit, two benches and it piano. The sanctuary has new carpeting throughout, new lighting, taped and painted drywall, ceiling fans and fourteen new pews. In addition, a new covered perch has been constructed at the west wall (Sprigg Street side) which includes double plate glass doors in aluminum frames and the exterior of the building has been covered with vinyl siding. S 1' }. The basement level has been partially renovated to include four classrooms, three offices, two 2 -fixture baths and a kitchen. Each room is typically finished with commercial tirade the or carpeting and acoustic ceiling tiles. The kitchen has some new cabinet units. > Construction details of the church facility are as follows: Foundation: Poured reinforced concrete footings and foundation. ?^: Exterior Walls: The exterior walls are frame covered with vinyl siding. e Floors: The basement level is a concrete slab, f inished with a combination of vinyl tile and carpeting. �( -, The upper level sanctuary has new carpeting. s. d Roof: The roof is a gahle style, supported by wooden trusses with a plywood deck, covered with asphalt r, shingles. K. Ceilings: The ceilings are a combination of suspended aluminon, grid with lay acoustical ceiling tiles t in the basement level and taped and painted drywall in the sanctuary. Interior Walls: The interior walls are taped and painted drywall on the upper level with some wood paneling in the basement level. a. f, 22 �.`� Doc�i.ra '1/aluatle.c eo.rr�ia.a�p - -- - kcal �aCatt rFjtr�i2aLaara, rQ�calya6 & co,couCtu.rla ALL INTENDED IMPROVEMENTS 1. Finish fencing in rear playground area in rear of facility. 2. Outside exit from lower level of daycare into playground area. 3. Smoke Detectors installed in each room. (Electric with 9 -Volt Battery Interconnected.) 4. Furnace/Water heater area to be enclosed. 165° Sprinkler Head installed off Cold water domestic line and placed in top of closet. 5. Pop -Off Valve installed on Water Heater with 3/4" pipe to within 6" of floor. 6. Emergency Lighting to light egress travel. 7. Install illuminated exit signs with 90 minute battery back- up at each exit. 8. Install Manual Alarm System with pull station at each exit. (Horn/Strobe units) where visible from all areas, with battery back-up. 9. Fire Extinguisher (5 lb.) installed in kitchen area. 10. New Locks on main entrance (Thumb Lock on inside) 11. Kitchen area enclosed to prevent children's access. 12. Handrails from lower level to upstairs level. v 9 Page 4 n 2. With this application, the application must deliver to the Planning Services Division a stamped, plain business envelope addressed to each of the individuals listed in Section C, No. 1, of this application. QUOT nu n 1. State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. The lower level of our Church will be used as a Daycare Center for children 2 yrs and up. 2. If this is an application for a special use permit, state the limitations you offer to put on the permit relating to time period, tract ownership, size and design of improvements to be constructed. No limitations, as this will become a permanent part of our facility. 3. Is a transfer of ownership of the tract dependent upon the approval of this application? There is no transfer of ownership dependent upon the approval of this application. 4. Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract? If so, give the date and state the prior action taken. There has been no application for re -zoning or special permit for this tract to our knowledge. r) Page 5 CF("TION F, 1. State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. When we purchasedsthis facility in 1997, our goal as a Church was to help stabilize and revitalize this south end portion of our city. As a Church, we believe that the entire family is important, the Spiritual family, as well as the physical family. By providing affordable Christian daycare for this neighborhood, it will allow parents to be able to get back into the work -force, and make a decent living for their families. This in tmrn, will allow parents to get back their self-esteem and help to keep this neighborhood a positive asset to our city. This is also a great outreach tool for our Church, as we are able to make contacts and reach out to the entire family, to possibly encourage families to become a part of our Church family. V Revised 11/30/98 0 1 7o p j 5 0 BEET Y �, ti _,7' 15 101 : .. 13 t�4J # i�-- rye' — � t�1 •r:r �k J• �' � s � i L i �Y(a�� Ilj n WO). JVD T ��t'� I Y 15 C E r� _ FaEiCJt'Nt—C ti }y{f,•,yt> "�_+ _. n# �. k.. ( .tri`. ,� Xj �r 7 )• 'i �yi 4y .i STR�c-r 53G f 1 Q �, P 53G W CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 154 Agenda May 1, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri RE: Request for Special Use Permit for a Cellular Communication Tower Dear Mayor and Council Members: This agenda item calls for the holding of an advertised public hearing on the request of Robert A. Drury for a Special Use Permit for a 195 -foot cellular communication tower and equipment pad in the 300 block of South Silver Springs Road. The property is currently zoned C-2. Certified copies of the following items are herewith presented as evidence in this public hearing for your consideration: 1. Section 30-39 "Special Use Regulations" from the City Code. 2. The Application for Special Use Permit. 3. The Application File. These items are attached to this letter and are included in your agenda packet. The Planning and Zoning Commission recommended approving this application at its meeting on April 12, 2000, by a vote of 6 in favor with none in opposition. There were no citizens present in opposition to this request. It is recommended that the City Council hold the advertised public hearing. Attached for first reading consideration is an ordinance authorizing this Special Use Permit. KMB/MGM/rlf of Planning Services City Manager tONINC 1 a*1r son. 3046. Spacial ser rogul.t eon. qt, ISnrbjsel M eM peorisiens (Ilnt aadtaa. tlae sky aaaa lasy b ordnance an its «. .Seton or er application grant a Special uses permit for, IAS spa W uses oawtorated In this section in say as berobt qualified Ran which the Nota atlaaewW prdd6Rad by this dhepter. The city awweil Shag ihasPama appropriate conditions ad odquwds for the humans of the Special use permit, which may include • specified period of time for Ute permit, a limitation a( the persons who may carry out Such use, and limitstios upon ar requirements for the du or design *(buildings and other improvements upon the prapertY, all for the purpose of protecting the comprehensive plan and conserving and Protecting Property and Prop- orty values in the atighborhood. (b) Applications for special use permits shall be made said processed in it. same mumer as provided in section 303 relating to applications for district changes. (I) The city council shall determine whether such building or use will: ■. Substantially increase traffic haz- ards or congestion. b. Substantially increase fire hazards. C. Adversely aA«t the character o(Ow oeighbotbood; or in respect to spe- cial pacial use permits for dwelling Pwr- poses where required, be adversely affected by the character of the neighbo bond. d. Adversely aRect the general welfare of the community. e. Overtax public utilities. f. Be in conflict with the comprdhensive city plan. (l) U the council's finding is neg.tive as W all the subjecla referred t0 in this subsection (b). the application may be granted; if af- firmative w W any subject, then such per- mit shall be denied. (c) Any Proposed special use shall otherwise comply with all the regulations set forth in this chapter for the district in which such use is located, except that the city council may permit hospitals and institutions to exceed the height limitations of such district. I" CAPE GIItAIIDEAU COnE c. No structures shall be erected or ra• wain on any potion (the lot except as provided for under item g. hereof. d. No signs shall be erected on the park ins area except w approved by the city ooahol. e. Pasking maim shall be used for park- ing Patters. Private Passenger vehi- cles only. and sm charge shall be made for parking within such premises. f. The parking shall be set back in con- formity with the established or re- quired yards for residential uses and, where a poking area adjoins a dwell - Mg use, it dull have a minimum aide yard often (10) feet. C. The parking area shall be suitably screened or fenced. paved and drained, lighted and ahaintairhed free ( debris. all My 'C" district use in on 'R' district. Q2) All use, for which special use permits arc required by other sections of thea regul. lion.. Q3) Buildings is excess d the beight ad glory segrdr —E. set forth in section 3036 for 'Mt' and YSTdiAA.U. provided side yards are hscrased in width one (1) (cot for each (.at (bright that the building exceeds the heigfht tegubi iosa of the district in which it is located up to • height ( seventy-five (75) feet and thereafter m i^' --•se in side yards dull be required for any height W exma (seventy-five (75) feet. Qe) Aay'C district me in a more restrictive 'C di.ttrt Q51 eMeren hhou.img oder the following cad only N -R3; 'R-1' and -C- 0.1y, senior ekisms. badiupp.d or disablad idivModa would be permit- Ud to ort, purchase or inhabit units allwed wader thle Chapter. e A psemao•ot Aga, prominan ly di. - played. most 6e pfaoad on the building de dy labeling the structure as aenlor a— W. 42 19" citizen housing, and also having there. upon the ordinance number establish ins the structure as senior citizen nous ins. (26) Reserved. (27) line manufacture of commercial cooking and catering equipment in *Cr districts. (28) Recycling in V4.' 'C-3: '1el-1' or 'I4-2' districts, including salvage, pro o... rag and .Waage of paper and paper products; .lu. num cans and other metal containers; doth. doUung and rags; plastics and rub- ber products; lumber or wood products; and glass. Provided, however, that all praaess- ing. treatment ad handling of Use above- described materials, ether than loading and unloading from transport vehicles, shall be inside (a building and all storage of such materials .hall be either inside of. build- ing or in dosed transport trailers. in such a manner as .tot W create a ouisanee by rirtu< of odor, vermin, emission, or dis. charge. Provided further that any process ins of such materials .cull not create a i— or health hazard by virtue of noise, odor, erciazi.o. discharge or byproduct.. Loading and unloading of materials from transport vehicles shall be completed and the transport vehicles reheeved from the premises within twentY-four (24) hmra of the receipt of • transport vthkk on the premises. Exclusions: •. No special use permit shall be required under this ooeJou for any Person. — Pant' or fine aKagod M rerydilg ac. tivity (Na awn Products which are manufacurod or sold on the pramioes when such recycling is done M wppon .(the principal aperstion ( list busi- b. No ape" said, Permit will be MWArod under the pr+vialas of" 96011- for raeydirg a011vity aandoesed by nam. Profit ergamsocio a for pai6ds"ex* acediug thlrtr (30) days is any, cahm def year. (d) Special uses. (1) Public or private landing field, landing strip, helicopter landing pad, heliport or other landing ars for .II forms of circ, an, cute race track and drag strip. (2) Amusement park, but no within three hundred (300) feet of any'R' district. (3) Mygeneral public building erected or used by any department of the city or county government, or a school district Also, of Roes, warehouses, and other support build- ing. for local units of government and sub -state agencies. unless otherwise to cated within a zoning district which would allow a commercial or institutional facility of the same cats- ss ■ uuby-tight. (e) Cemetery, crematorium or mausoleum. (5) Church or other place of worship, or Sun- day school, in'R.1,"R-2,' or'R-3' residen- tial districts. (6) Circus or carnival grounds, but not within three hundred (300) feet of any'R' district. (7) Commercial, recreational, or amusement development for temporary or seasonal Pc- riods. (8) IR ved.l (9) Institution, college, or hospital provided that any hospital or institution permitted Sale. N, 17 in arty'R' district shall be located 011 a site of not low thw five (6) avaa, dull not aoarpy sole than forty (40) poen. t of the told lot arm. and Shall be act back from all road liana at Iwai two Cl) fest for each foot dbuWiag Adght. (10) Marina or dark. (11) Nursing lame In 'W districts. (12) Office building of a civic, religious or char liable organization, conducting activities primarily by mail and not handling mer cho diseorrenderingservicesonthepren- ises. but only will" the 'R•e' district. (13) Privately operated community, building or reemstim fold. (14) Public utilities. (15) Riding stable. (16) Radio or television broadcasting tower or station. (17) Residential uses - provided for in sections 30-28 (GI Districts) and 30-33 (M-1 Dis- tricts). (18) 'navel trailer camp, in the (_2.* 'C3' and 'M' districts. No travel trailer may be used for any residential purpose either I - siently or permanently unless located in a trailer camp or mobile home park. (19) llheextraction of amd, gravel, and other raw materials requiring the removal of m overburden above the depm(t, provided. however. any bulk atorav (extracted ma- terial or overburden and any proxssin6 or ertroetim modninery or the open fa« of any cut shall be at least five hundred (500) feet Rom any residential structure, stmt, or place. (20) Parking tots on land i.'R' districts within three hundred (300) feet6om the boundary of any 'C or 'M' district, Provided the following standards are met: a. Ingress and egress to such lot shall be from a stmt directly serving the col, mc cial, business or industrial district. b. No business involving the repair or service of vehicles, or sale, or display thereof shall be conducted from m upon such parking areas. 1955 ZONING c A special use permit shall not be required under this •cetion for any agency of any state, county or other local government unit engaging in recycli.g activity for it. internal op ,ration purposes only and not for resew to the public for profit. (29) Reoidmtisl or suipatimt facilities for the treatment ( sleohol or other drag abuse far not exceeding twenty (20) persons in 'R -e' districts, or for more than twenty (20) persons in 'C' district., with the provision that no special use permit shall be issued for such a facility unless the aWticant for suds permit provides ,vi- dence that he has provided written nou- fiestim of the proposed placement of the facility to the owner or owners of property loafed within one hundred eightY-fiv (185) feet of the boundaries of the pmP My on which the treatment facility is W be located. Further, the esterior appear ance of the treatment facility shall rea- sorubly conform to the—leriee appear once *(other buildings in the vicinity and a treatment facility shall not be located closer than three hundred seventy (370) feet to any other substance abuse facility (301 Singleord-W-vide, manufactured bomc or manufactured business uniu for oRcc purposes only in 'M-2' heavy industrial districts. (311 Family day care homes for the care of more than six (6) children but not more than tea (10) Children in a residential sone. (321 Excursion gambling twat or floating gam- Wiag facility in any 'C* or 'M" district. or nimbi stun there(, with the following previsions: •. Accessory saes directly connected. acaadowd or U ked with the -Pere lar of as fuunbn gambling boat or Mating (orality shall be mck dad wick and made a pact K any spec--) was par" jasued therefor and shall also be within a'C or W- district. w cambi.stim the -d Accessory uses associated with an excursion gambling boat or floating facility shall include the following. 1. Boat support facilities. 2. Docking or mooring futilities. 3. Employee support facilities. t. Ground transportation facili ties. 5. passenger ticketing and recep Lim facilities. 6. Parking facilities. 7. Security facilities. 8. Signs, u including those attaches too buildingor other structure a boat or floating facility, .� otherwise placed on the prem ises constituting an .:curs:., gambling boat or floating facil ity site. Off -attest parking. Off -stmt park Ing and loading facilities shall b, provided w specified le section 30 31 of this chapter. except that the rc quirement for aQstroe Parking an excursion gambling boat or flloa( irhg facility ad its taessory sc. shall be one lend m-`hz f (IK) space for gvery two C2) passengers, base, on maximum oetapency. Plus one ( I .Pace per employee on the maxi.— shift. Ia addition, fuB— bus para ins apace shall be Plodded as r, q.hr.d by ifs PIaO°il-C and tonin, oommiwion and city °wrcil. Sito develepmeat Pim. to apply-. far a special taw Permit under th shall .ul. h section. the 1levdaPate lan)for review wl ich ihsmud , but Is Pot necessa, ily limited to the fslowlng' 1. Maps and th .is graphics inC .U.g the bac dmf of U. development and am Propene to be Wudd. i.dhutin, v+r4ar sash properties or owned, Iwa.d.a0tM—. or Pr'- Poaad fir "ch. mal CMC CIaAXIMAV ODO[ 7b. inuousas and general a - da9ttaYdiag edwwaa,wk- u4souedath r"dwAsseen pkhtt W de -A -e t.lndud- i•C data on Give. 4duuee, and an'pap %..lea o(OW plumed eaearef ea gaailYtg bent R (IMl- i•g teeth(): and aamwaery use. Evidence that the development contains "(11"eal land ts pro- vide for any necessary or pro posed lan44ide development sad support facilities. ipdud- Joe park -C. mad the develop - meet indudes sufficient river frontage to a000mmad.te Iocs Lion and operation of the planned eaerreim gambling boat or 11-6-C G-lity. An impact analysis including. but not limited to, eWrctod ac esu routes. traffic voluaan, peak hours f portion. needed rad Lstract improvements and traf controls nerraary W ,acorn atodate the proposed uses and traffic volumes. Lid plans for aerie security and disaster re apm'e e. All buildings and permanently ...,ad dructures shall comply Pith applicable standards of the city!. building aad". Further, oro oocu- pmry permit for MAY ae oessory ase out forth bu this section ah.H be leered prior to the ksuaace f a cu- peacy permits for all aew lard -based pasaemt st uctu.ns proposed as a pad d the development The city tumal may. ban. . at les disce OM approve a temporary oocupanc) permit for any accessory nue for a paiad dare (I) year if the required leadbesed structures are not corn pklad. Q11 ►tiwi-warehouse « sal(storage units in 'Cil' R'C2' diatrkU. (ill hrkiag garages: For eanlosed er semi unclosed perkirnC garage only. parking 7. K. rr 4 a6Je epace dimatsiats tan than the mbuMuum also required to Nle on4m age any be apprwnd under a .pedal Yat ponsi . A bulldweparbbug plan and dsrwweatary j.Wficalisa (er a requested seriatim from the saWasum standard. mYat ke orb -it - ted with my o WI -ties herwader. (35) Assembly and manufacture from pre- f.bri-(ed parts d eledronk and similar products in G2 dutricls. (36) S -Cie «dwbie-wide, twanuf-tismd hmw o, manufactured business units for tehe- porwy eQice purposes eWy duri^g om atructim er remodeling Of a main build i.g in 'M-1' Licht Industrial District Any special use permit, if approved, will become effective only upon the issuance of a building permit for a main building. Al I such temporary of m units shall be re moved upon oompancy of the completed construction R completion or abandon- ment of the o.n e-ct.- work. whichever occurs first (37) Double -wide asanufactured b - bile homes) In "R -I,' 'RJ; «'R-4' districts. with the following pr -Woos: a. The manufactured home shall be in compliance with Federal Manufac lured Home Comslructlom Lid safety Standards, adapted June 15, 1976. as amended, and Misswri Public Service Camse".1- Coln: b. The mit whom complete shall base .v.imem width ofnot Seas than twen- ty{aur (24) foundation Leet as uvea -red at all points perpendicular to the length dthe manufactured hon.-. .rhich slag red be less than forty two (42) foundation feel. This sun - ded is intended to restrict units to the type which are brought to th- site in parts, typically two (2) Mlv and at least one thousand eigl-t (I,OW) square feet minimum. c. All wl.eeIs. a ping,, isles, tiols,.red towing apparatus shall be removed. 1968 CAM C.IRARDFiro !woe tkd R ger residential in combination with s hop- pbuC am"- uses asset forth in section 30-31.11h- derGispmemi plan dull W rderred to lle plan abut and earn' v eommission for study and report. Apprwvel shalt be condoied upon sp-cif find 6w, that the proposed asmaurtty unit plan meets 4%, fallowlag omditions: (1) Thal the proposed el-loproent ef any 'C-(' planned commercial district in dueled as a part *(the plan complies with the regulations lw those districts as set loath bu section 30-31. W 7%.A the buildings eter than those to shad within a 'CC district, bested in the are chap be need only for enc -family dw.Biets t..a4mily dwellings, « muhi- ple dwediaga and the usual accessory Lir such as private « parking garages. stance space and for community adivi ties bdudiAC churches and schools. (2) That the a.rr&Ca lot are per family oon- teieed A. the cite, esduarn ( the an- . b7.'C4' dirtr(ci « by .treeu, .Al not be len than the lot are per famBy required in the district in which Lia development is located. (4) Tb.( the are is adap(sbk to mmptc(c eemmuai(► development, being bounded by laajor thmrotghfare, steels. rail reads R other odernal berriets, and in- aa(or as Venable wkhw/ a ma}or tar. wgh(on udeaduIC &V -ACh the prvosct. R ogether phyvial (taturewhich would teed to hope& Clot adtl.berl.eod «cam .Yak► asbasivwmvas. 451 That ne enure Arae tweals,4" 051 per- eaa of W peas are, of the pejed be deeetd to a T'C didrkt and that o0 a.eru Wei My 001 paeerat of to Cron soros of W peened Mated in a slack- (aa4R• dented la Ylepk. Jy K1 Tet aYCrlwt ares k rwverwd for reen• "Lal mad edooaWsd (aelklas to a --N Wo alledAwealkipaud population or as detfgaded in W oeepwfwWw plan. (7) That property adjacent to the a eluded in the plan will red be adve 1, affected and to d1i. end, t.c city council may requin. in the absence J any app- priate physical barrier, that uses d kat innteasky or a buffer d open apace or weeping be arranted drag the borders of the ptojaci (8) That the plan is ennaisteat with the intent and purpose of this chapter te prop t public health. safety, morals and general welfare. (f) utectycound approves the platys. build' ing permits and eutifatea dwaupaocy may be issued. evert thouth the use of the land and the talion and h,[& d buildings to be erected in the area and the yards and open space mnem ptated by the plan do not conform in all respects to the district nvgulations of the district in which it k bated. (g) A. application for a special use permit under this sad- may be made and proo-s.ed contemporaneously with a proposed amendment of the &Oxict in which such site lies. (h) A ape" use permit shaft automatically aspire upon the tenure to develop the use of the UM Sr which We Wedai use permit has been ,..ad if the Lie is net d nisped within twelve (L2) month. &dor the permit has been W -.d_ (i) la the event the ase of the land for which the cep da vas pamk Lao been Segued In diaoon tinned for • peeled deme (1) year, that the apodal teas pursuit Shalt satemaua0y exphe. (Code 1967, 130-34; Ord. No. 660. i 2. 2-149. Ord. No. 764, d 1. 0-1811; Ord. Me. 713. Art. 1. 12.19419; Ord. No. 855, arts. 4, S. 4.1660: Ord Ne. 162, art 3. 1.1441: Ord. Na. 1085. art. 1- 9.1641. Ord. .9.1441.Ord. No. 1227, art. 2,14112: Ord. No. 1459. art. 2. 12.20-93: Ord. Ne. 1829. aro. 2. 3. &1444: Ord. Ne. 1661. acts. A. G. &2044: Ord. No. 1730, Lit 2. 41-1945: Ord. Ne. 1779. aru. 6.6. 0-9414: Ord. Me. 1101. tel 1.24066: Ord. No. 9080, art 1. 11-1916: Ord. He. 2198. tuts. 7. S. 14147: Ord. Ne. 2282. art. 2.10-2w; 0414o 2268, art 1. 14-2047: Ord. No. 2467. art. 2. 2-18191 41.09. w 0 1970 1 ZOMNO 1. The anit awd be permanently in- staMd an a pr"13 4 -tined, on- do..d farmdatiaa Bata s la SCOW' dance ." the BOCA National Buildiag Cede. r. Orismtatlea of the wtufaetuted housing Yftk en the let atoll conform to the tame urientatiaa as the m. jority er eatventional)y bout a( - Wren Y1 the immediate area (Millin three hundred (300) feet). Esample: Front dc« to front let line, tear door to tar lot Line- r Roof mud be a gable « hip roof Gist lead three (3) In twelve (12) pitch or C-,- and covered with material that is residential in Opp - r--. btd.di.C, but not limited to ap- proved wood, asphalt composition or fiberglass shingi m but erduduW con regaled aluminum. corrugated fiber glass, « metal roofs: except f« per. mitted deck areas, all roof structures .hall provide an Give projection Gino less than six (6) inches and no treats than thirty (30) inches. g Exterior aiding « covering .hail be d a type, quality and appears- custaoarily used on conventionally built bonrw. h. The lethal) be provided with . ha+d surface (notarthm in nature) dni- way not kR thso nine (9) feet wide with side yard parking suf kiwt for the placement d at kad two (2) vehicles. i. A minimum of eighteem (18) inches d cowl space under the entire man- ufactured borne shall be maintained. j. Permanent steps shall be set at all ,,tuna) exits with appropriate hand rails and/or guard nils. k. The unit shall be s -red by . waer supply and sewage disposal system in .ocordanee with the International Plumbing Code. as wrmhdy adopted by the city. S.." .. c,0 1969 t 341" 1. TIO tattle tthas M a61wd b' an oleo trw atelia M G000rdan" with the iontly adop�WWb aM se. Aayan&41hwAn as ,�`Li aee(erm to an 6pptic" od oubdidsieneldimfimu&od. - Ater pertinent atdiaaea bu effed at the UM of Installation or construction. including aelbark requiremenu- (38) Halfway houses fer the nbabilitstim e( adult peteaa who are prisonens «to- priaooen, mey entr be bated in 41, G2. Cd. U-3, M4, and A-1 zones, and, if approved, are adOct b the lollow(ng additional coaditbm: a. One (1) parking apace for every fuer (O residents, including atalf res, dents. b. The proposed facility shall provide apprupriate sad reasonable security. <. The facility shalt have .o exterior evidence of a.& use and no sign advertising Such use. d. At the time of original app --L i( the proposed fatality is to be bated within five hundred OW) feet of anoth-r such facility, public, Private « parochw school, group home for adults er juvenae., nursitag. rest or cunalesoent home (-AML Child-" .ursety R hoarding bnmv day arc cent-. residential sone, asidi" res. Wootial nae, or fatality for the men the dty newel may regm)re --& addi- tiaal caoditiou en the special use Permit as it feels on, necessary to :..Ion+•• the effed of the proposed one an the mn:wndinc prepati-s. e. ile appli_,,WW demonstrate that there shag be an negative Impact on property within fm hundred (500) fed d the proposed feebly. (391 Microbreuery « pub brewery in 'C-3', ar'M-1 district (e) Community unit plan The caner Of any tnrl d led may nqued a Wald tree permit the use and development e(sudh tract f« residen BILL NO. 2000-115 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ROBERT A. DRURY AND TELECORP REALTY, L.L.C., FOR PURPOSES OF MAINTAINING AND OPERATING A 195 -FOOT CELLULAR COMMUNICATION TOWER AND EQUIPMENT PAD, IN THE 300 BLOCK OF SILVER SPRINGS ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Robert A. Drury is the owner of certain property in the City of Cape Girardeau, on which Robert A. Drury and Telecorp Realty, L.L.C. desires to maintain and operate a 195 -foot cellular communication tower and equipment pad; and WHEREAS, the proposed location of said tower is in the 300 block of Silver Springs Road, which property is presently zoned C- 2, General Commercial District; and WHEREAS, a Special Use Permit is required for said use in an C-2 zone; 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, fire hazards or 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 purposes of maintaining and operating a 195 -foot cellular communication tower and equipment pad, on the following described property: Lot 3 of Silver Springs First Subdivision, City of Cape Girardeau, Missouri. is hereby granted to Robert A. Drury and Telecorp Realty, L.L.C., to be effective ten (10) days after the date of passage and approval of this ordinance. The special use must 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 as Exhibit "A", 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. V ARTICLE 3. Attached hereto as Exhibit "B" and incorporated herein by reference is the formal Findings and Conclusions of the City Council. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk 20- Gayle 0 . 59 n SPECIAL USE PERMIT Robert A. Drury, P. O. Box 1214, Cape Girardeau, MO 63702-1214 and Telecorp Realty, L.L.C., 1010 North Glebe Road, Suite 800, Arlington, Virginia 22201, Att: Director Real Estate Management, are hereby granted a Special Use Permit for purposes of maintaining and operating a 195 -foot cellular communication tower and equipment pad, on the following described property for an indefinite period of time: Lot 3 of Silver Springs First Subdivision, City of Cape Girardeau, Missouri. This Special Use Permit is granted upon the condition that the Applicant be bound by all City Ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicant to comply with these special conditions, the Special Use Permit will automatically terminate and the City of Cape Girardeau shall have the right to enter upon the land to abate such special use. 1. Additions or modifications from the original building permit must be approved by the City Council. 2. Special use shall meet all applicable zoning regulations. 3. This Special Use Permit shall automatically terminate in twelve (12) months upon the failure to develop the use of the land for which the Special Use Permit has been issued. 4. This Special Use Permit is not transferrable without consent of the City Council. EXHIBIT A IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of , 20 Michael G. Miller City Manager ATTEST: Gayle L. Conrad City Clerk STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 20 , before me appeared Michael G. Miller, to me personally known, who, being by L me duly sworn, did say that he is the City Manager of the City of �J Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. My Commission Expires: October 8, 2000 Delores G. Needham, Notary Public EXHIBIT A V CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , the Cape Girardeau City Council considered the application for Special Use Permit dated "1_,/22.12000 filed by Robert A_ Drury and Telecorn Realty, L_L_C_ for the property located at 300 Black Silyer Spring, Road in Cape Girarciau, for the purpose of maintaininq ... operatinq a 195 -foot cellular•uu • •• tower•. equipment ... In examining this application, the following factors were considered and found as noted: Yes No N/A City Council Finding -a: The Proposed Special Use Permit, 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 6. Be in conflict with the comprehensive city plan _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 30-39 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 attached Special Use Permit (SEAL) ATTEST: City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Mayor EXHIBIT B (IF DENIED) �j CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , the Cape Girardeau City Council considered the application for Special Use Permit dated 3/22/2000 filed by Robert A_ nrury and Telecarp Realty, 1..i..C. for the property located at 300 slo k Silver Springs Road in Capp airardpau, for the purpose of maintaininq and nperatinq a 195-foat cellular communication tower and eqUji2ment pad - In examining this application, the following factors were considered and found as noted: Yes No N/A City Council Findings: The Proposed Special Use Permit, 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 ( j the character of the neighborhood. �J 4. Adversely affect the general welfare of the community 5. Overtax public utilities. 6. Be in conflict with the comprehensive city plan 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 30-39 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 attached Special Use Permit (SEAL) ATTEST: City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Mayor CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Sped, l Use Permit Recommended Ac,ion: That the request of Robes A. Drury for a Special Use Permit for _ 195 -foot cellular communication tower and equipnient nad in the 300 block of South Silv-'r Springs Road in a C-2, General Business District. he recommended for approva?. Vote Count: Favor — 6 Oppose — 0 Abstain — 0 Date Recommendation Made: (0) April 12, 2000 List the time period, ownership, size, design, or other. limitations recommended: Comments: Citizens in attendance at meeting: John Saffa, Divine Towers — representing the applicant cretary CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning ❑ OR Special Use Permit ® %.J File No. 95a Address of Property app Sjock Sou+h Sr)yer SDrinQ6 Road CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? 2. Is plat sufficient? 3. Will intended use conform to requested zoning? 4. Has intended use already commenced? II 1 rr �Y �o✓v jS C9S Y'�^ L.iyl,. 5. Contin�z ents: ��Ai St�Ks Y)i�f 4 Ila JJ City Planner/Development Services Coordinator Date . . .. ..... . . ... . .. .. .. .. .. ■ . ■ ... ..... ■ ... ■ . . . . . . . .. . . . . . . . . .... ... . . ........... , CITY ATTORNEY:— Bf=L�Pr�✓c5�/�� 1. Is legal description sufficient? 2. Will intended use conform to requested zoning'? 3. Can requested Special Use Permit be legally granted? C' 4. Comments: n i VN /W1 City for Date CITY M AGER REFERRAL TO PLANNING AND ZONING COMMISSION: gel-A44ctfa&l G. Miller Date / —(--fl —04� . a ............. ■ ........................... 0 . ■ ■ a ...... a ■ ■ .. ■ ■ ................ ■ 1 PLANNING SERVICES STAFF: 1. Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date Revised 4/21/1998 City of Cape Girardeau, Missouri Application For Rezoning - ❑ OR Special Use Permit - Date Received in Planning Services Office: 3 -,3a -co By: SECTION A l . Description of the project: ,20 f -T e y 413 F ��P ro,k vwF� �d Epr4yr d , 2. Street address of tract (or other location description): l� O F 46T ,� - E (1 -RT ' Su diU 1 SID� 3. Names and addresses of all legal owners of tract: Roick-r A, Q�uR y ra, go /;,P{ 4.37 �- 4. Present zoning classification: C 5. Requested new zoning classification: 116% APPLJW [E 6. , Requested special use: C C.ILu LAX 4!0 M M u /v1 "T D 1J5 Fi4C / C /7-/-' 7. Person handling this application (name, address, phone number): Jo gN T SAFFA DIVINE -fo w E4 S 5,qb i �� -Z ,A1?Yo"x y -7 71S' 8. If tract is to be transferred, name and address of intended owner: r 71!64—CoRP /0/O N erH G1e6 E IP�� Page 2 9. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): Name Date Name Date bllu T SA FFA Ot�iiVE'?lwE�t s 441140 o , SFCTION B Legal description of tract: SES .¢TTACl�FEcL �9E A-4 RM W Page 3 2. Attach to this application a scale plat of the tract, on an 8'/2 by 11 inch sheet of paper, showing the following: a. All boundary dimensions. b. All adjoining streets and alleys. C. All present improvements. d. All intended improvements. e. All adjoining and cornering property lines and references to all owners listed in Section C. f. "Zoning classification of all adjoining and cornering property. r.r,i.mri-eWr n 1. List names and addresses of ALL. adjoining landowners. Include land which comers on tract or which is across streets or alleys. /. (} 5k/ 4k'VE�o���T 19 OCl370.2- �e s I-a�RR14R ,Dl�� vc , CPE 6YR �° Pu dox l v ) e SPE 6:�P,4,0de,44�1 3 70 ;z— S, S l L vER G 3 7V3 Jc yv U d �,�� C S '5&E�2 3 703 �sev, MM �, lot* 3144348280 P,02 MAY -06-1996 14126 aI N H K.D.Cl. -M. H. Kuhlmwnn Grog Inc 7 maL lift Mi �r.r d G 19" KMNMrnn beW" C,.,*. Ys. AM .VM* nNrv�d. John 4k 40 Ewner OK 193. PO 87 �v sa,LE: 1' _ 00* L- 100 O 100 20� TOTAL P.02 r) n' n Page 4 2. With this application, the application must deliver to the Planning Services Division a stamped, plain business envelope addressed to each of the individuals listed in Section C, No. 1, of this application. Q1WPTT(1N it 1. State the use to which this tract will be if a special u Permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. C' F L,L..L,j, L,4 2. If this is an application for a specia��, state the limitations you offer to put on the permit relating to time period, tract ownership, size and design of improvements to be constructed. Elrd , oo yEdRS 4,cASEd T, -mac()RP R64"Y, �,4i4cT o�JN�'R sth'P St � go rr by V3 P7 11E s,gAl 3. Is a transfer of ownership of the tract dependent upon the approval of this application? 5 ,� ��•45� fib�l i, TF- RES7' k # k.G, 6F-C�PJ54 �d , 4. Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract? If so, give the date and state the prior action taken. i"v A/ FpR 7 /4 e�L u4AR C�hl'1��1G47�o�1S (YES� RP, VEJ Ja,vc 1-71 1579., Page 5 SECTION E 1. State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. 1� ArR CIA 4. 4AId SPP.eoPie� �R C D MM itV1e-dT�e4/S FA Ldp d list AS dELaPEd /N L 41 ,Ee✓d &c7 DA5 49FF�cEs, �F e 6--1Q,4RcjMLt I p4,kcf- 41 aAA4 d Revised 11/30/98 OU -1461 SPECIAL USE PERMIT sooK 811?ACE 013 Robert A. Drury, P. O. Box 1214, Cape Girardeau, MO 63702-1214 and Ameritech, B. Stephen Kissel, Manager, Real Estate & Construction, 500 Maryville College Drive, Suite 500, St. Louis, MO 63141, is hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a cellular communications tower, on the following described property for an indefinite period of time: Lot 3 of Silver Springs First Subdivision, City of Cape Girardeau, Missouri. This Special Use Permit is granted upon the condition that the Applicant be bound by all City Ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicant to comply with these special conditions, the Special Use Permit will automatically terminate and the City of Cape Girardeau shall have the right to enter upon the land to abate such special use. SPECIAL CONDITIONS: 1. Additions or modifications from the original building permit must be approved by the City Council. n2. Special use shall meet all applicable zoning regulations. 3. This Special Use Permit shall automatically terminate in twelve (12 ) months upon the failure to develop the use of the land for which the Special Use Permit has been issued. 4. This Special Use Permit is not transferrable without consent of the City Council. IN WITNESS WHEREOF, the'City Manage of the City of Cape Girardeau, Missouri, affixes his signa re this 4eeA— day of Vichael G. Miller City Manager ATTEST: Ga e V. Conrad Deputy City Clerk STATE OF MISSOURI BOOK 811.?aGt 014 ss. COUNTY OF CAPE GIRARDEAU ) On this day of19 , before me appeared Michael G. Miller, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. -IN=TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and_".year'' fJ rst above written. Delores Needham, Notary Public Maj,, -Commission; Expires: October 8,,>.1996 tr PHOTOGRAPHED Filed f�r Cord 016 .JUN 2) 01996 1 i Janet twoert, Recorder Cape Girardeau County Jackson. Mo. mai. o-onr�. STATE OF MISSOURI County of Cape Girardeau, l.ss I hereby certify that this instruitipnt was FILED FOR RECORD at the date and time¢ o �j hereon and is o d-iti Book... 0. 7 .... Page... . JANET ROBERT. V Recorder of Dee -ds y ROHN TAPERED STEEL POLES MEETING THE DEMANDS OF THE COMMUNICATIONS INDUSTRY ROHN Tapered Steel Poles are designed with base diameters from 2' to 6'. These minimal site requirements lower lease rates or acquisition costs. And these poles are designed for rapid installation, making them ready for service quickly while meeting the demands of today's PCS, cellular, and other communication environments. ROHN Tapered Steel Poles are designed, fabricated, and installed according to the most stringent industry standards. Backed by one of the world's largest manufacturers of communication structures, with unmatched attention to detail and design, ROHN Tapered Steel Poles offer extremely efficient strength to cost ratio. All ROHN Tapered Steel Poles are Hot Dip Galvanized for long lasting corrosion protection and full scale testing of the poles has been performed for research and safety purposes. ROHN provides structure and foundation design services with approved engineering documents, in any state, by a registered professional engineer. And from one site to hundreds, ROHN's construction group can provide full "turnkey" site services to meet the most demanding implementation schedules. FLANGED STEEL POLES ROHN Flanged Steel Poles are easy to handle and install. Precision fitted connections allow quick assembly of the modular sections and the top platform, sidearms or mounting frame. And Rohn Steel Poles are Hot Dip Galvanized for long lasting corrosion protection. A POLE THAT CAN CHANGE AS YOUR NEEDS CHANGE Pole sections are available with identical base flange plates, allowing for simplified modifications of mounting heights and antenna reconfigurations when required. A typical 90' pole can easily become a 60' or 30' structure. The top can be reconfigured quickly when your needs change. ADDITIONAL FEATURES OF ROHN FLANGED STEEL POLES: • Microwave capable • Minimal space requirements • Optional factory paint • Internal routing of transmission lines • Removable climbing steps • Full line of quality accessories including: obstruction lighting, safety climbing systems, grounding and special antenna mounts 791 ,k pp 1, f '" � ..,, .. ;1 •`� �� �. NATURAL CONCRETE BLENDS The tapered design and natural texture of the concrete poles provide virtual camouflage in both urban and rural settings. Whether within inches of a building in a busy downtown or part of a wide open countryside, ROHN Concrete Poles blend easily into the surrounding environment. ROHN Concrete Poles ore manufactured by a unique spinning process. The centrifugal forces help generate the high strength concrete with compressive strengths which exceed 10,000 PSI. It is this action which creates the hollow interior and permits internal routing of lines. Integrated into the concrete is a framework of steel strands running vertically through the pole from tip to base and prestressed for additional rigidity. The result is an attractive, high strength pole designed for fast and easy installations to meet your communications needs. ADDITIONAL FEATURES OF ROHN CONCRETE POLES: Fast installations - relocatable • Heights to 150' • Microwave capable • Minimal space requirements • Optional factory paint • Full line of quality accessories including: obstruction lighting, safety climbing systems, grounding and special antenna mounts • Quick delivery ROHN FIBERGLASS POLES ROHN Fiberglass Poles offer a tapered design that's non-conductive and maintenance free. They are also corrosion resistant and relocatable. ROHN Fiberglass Poles are available from stock or in custom colors and color selection is virtually unlimited. Colors are actually blended into the fiberglass during the manufacturing process, not just surface applied. Because the material is one color, nicks and scratches will not show. Grounding Cables. Power Connections. and Battery Badcup Installation ttery Backup Installation The Power Cabinet houses the batteries that provide a short reserve power backup (from 1/2 hour to 1 hour depending upon traffic). Figure 11-10 shows the batteries location in the Power Cabinet. The Power Cabinet has two shelves for housing the batteries. Each shelf holds four batteries. Chapter 5 contains the physical description. Feld installation of the Power Cabinet batteries consists of the following: Batteries — Battery retaining bracket Inter -cabinet cabling (from batteries to DC Distribution Panes. - POWER PRIMARY GROWTH CABINET CABINET CABINET Figure 11-10 Power Cabinet with Battery Compartment Door Removed The Power Cabinet contains 8 batteries that are used in a series/parallel configuration which provides 24 -volt backup. When installing, an antioxidant compound should be applied to all connections to prevent high-resistance connections caused by oxidation. Lucent Technologies — proprietmy See notice on fust page 11-20 Issue 2 June 1997 �J- ` i LYNN DR WPENOENQ (4CNANaE OR. �R' ST CO. RD,PRO(E PFI C$$IOIIAL ro pp S o H PCY �?q \ � rl"' OR. ME0 FOw DR s MYMR MEgR,ME1MFR OR y I LERR, ` jsr. DR. o ST. ll, NO 103 TAM c00S9•c Wl<<lgM SEL $ $ c CAPE afN Re k 00. b OR ar e L MbC0.t A E < �M S. WSCE - Dq N °�y } y � kti Ma" ra BRINK � t0� 1 G qqEf . � Op Cf, 3 WALNUT PO 2 Si 'DR a z I \ q➢ ,OCVST �° \ Y ST per`\�E`0 g oa .\ AUTOPARN DR. ci F 11 w. Subject "CKORY ST. Property -r -1aAROrNAL t \ $ lN, H RUST q,4�r � PIONEER OR-MW IAL OR O RUSYAR RP,H,CH s I ' b OFfit RDFT STONCBMDGE ROAp i — Q\ � -V ,7 0 ArE ",BLEST RCOUT Q KENSINGTp1 LN _ Ik\ K3 JL k'I OP ff/U Sl 3 1 i HatU �pU 74 n I NU I I l HIGHWAY l I I I I I I I I I g I :il CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 155 Agenda May 1, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri RE: Request for Special Use Permit for Community Unit Plans for Apartments Dear Mayor and Council Members: This agenda item calls for the holding of an advertised public hearing on the request of Michael A. and Bonnie C. Smith and Summit Enterprises, LLC for a Special Use Permit for Community Units Plans for apartments on Lots 5 and 6, of Second Amended Plat of Lynwood Hills Estates, in the 2700 block of Lynwood Hills Drive. The property is currently zoned R-4. Certified copies of the following items are herewith presented as evidence in this public hearing for your consideration: 1. Section 30-39 "Special Use Regulations" from the City Code. 2. The Application for Special Use Permit. 3. The Application File. These items are attached to this letter and are included in your agenda packet. The Planning and Zoning Commission recommended approving this application at its meeting on April 12, 2000, by a vote of 6 in favor with none in opposition. There were no citizens present in opposition to this request. It is recommended that the City Council hold the advertised public hearing. Attached for first reading consideration is an ordinance authorizing this Special Use Permit. KMB/MGM/rlf lly submitted R,� M. Bratton for of Planning Services Michael G. Miller City Manager Gaic, 30-39. vr...r YN regYllll.n•. 1 >D-lr (a) Subject to the pourlalera.( Ws section. the sky siouned may h •r'dissae« on w we Notion r as application groat a special use partook fw special rhea onusierated in this section h any on hash qualified Rem which to oases NLenrise pehlbltad by this chapter. Ilse city .sunell aW kttpeae appropriate conditions and "reguarda for the issuance of the special ase permit, which may include a specified period of time fw the permit, • limitation of to persons who nay carry out such use, and limitations upon or requirements for the site or design of buildings and other improvements upon the property. all for the purpose of protecting the comprehensive plan end conserving and protacting property and prop. My values in the neighborhood. (b) Applications fw special use permits dull be made and processed in the same manner as provided in seetiost 30-5 relating to applications (or district changes. (1) The city mural shall determine whether such building or use will: a Substantially increase traffic haz- ards w congestion. b. Substantially inezease fire hazard.. c- Adversely affect the character of the neighborhood; or in respect to spe- cial sae permits for dwelling Pur- poses where required, be adversely affected by the character of the ueigflbor600d. d. Adversely affect the general welfare of the community. e. Overtax public utilities. C Be in conflict with the comprehensive city plan. (2) If the council's finding is negative as to all the subjects referred to in this subsection (b), the application may be granted; if af- firmative as to any subject, then such per mit shall be dmlod. (d Any proposed special use &hall otherwise comply with all the regulations cel forth in this chapter for the district in which such use is located, except that the city council may permit hospitals and institutions to exceed the height limitations of such district. so." CAI'! GmtAADE U COM. e. No structures dull be erected or rt main on any Portion dlh<I.( except - provided for under itenh C. hereof. J. No signs shall he crect.ed on Ute park- ing area except as approved by the city council. e. parking oras shall be used for Park ing patrons. Private passenger 'chi des only; and no charge shall be made parking within such premises. f. The parking shall be act back in con- formity with the established or re quled yards for residential sus and, where a parking ars adjoins a dwell keg use. it shill have a minimum aide yard often (10) feet. C, The parking area shall be suitably screened w kneed, paved and drained, lighted and maintained free ofdebris 21) Any 'C district use in an -R' district. 221 All uses for which special use permits are required by other sections of thea retu la tiors. 23) Bun7di ap is crus. d the height .rad story roqui—to set forth in section 30-36 for 'R<' and'C2" distrieta, provided aide yards are increased in width ane (1) foot f each (col d height that the building esoeed. the height regulations d the district in which A is located up to a height of seventy-five (75 ) (ret and thereft.er so istc-arc in aid, yard. shag be required for any height to oneness of seventy-five (75) (el. sol Ay -C' district sac u, . n ore restrictive 'Cr district. 1t3) housing under the (clewing only In 'R-3; 'Rte' and 'C se; Oaly senior duan.. 6lnhdicapped or disabled individuals would be permit. sad so soot. p-clu so or Inhabit unit. .boa od wrier " chapter. c. A per-suainl dart, poakwntly di. played, must be placd on the building dandy labeling the structure as senior citizen housing, and also having there upon the ordinance number establish ing the structure as senior citizen hour ins. (2G) Reserved. (27) The manufacture of commercial cooking and catering equipment in 'Cr districts. (28) Recycling in 'C2; 'C-3; 94-1' or 'M-2' districts, including salvage, processing and storage of paper and paper products; alu minum cans and other metal containers; doth, doth -ung and raga; plastics and rub ber products; lumber o wood products; and glass. Provided, however, that all proars- ing, treatment and handling of the above- described materials, ober than boding and unloading from transport vehicles, shall be inside a(& building and all storage of such materials shall be either inside of a build- ing or in cloud transport trait-, in such a armee as not to create ■ nuisance by virtue of odor, vermin, emission, w dis charge. Provided further that any proous ung of such materials shall not create a nuisance or health hazard by virtue of o odor, emission, discharge r byproducts. Loading and unloading of materials from trarspect vehicles shall be eompkled and the transport vehicles removed from the premises within twenty-four (2e) hours of the receipt a • transport ve ick on the premises. E.clusions: •. No,pedal use permit.h.0 br required under this secton fw any person. onto,. luny or firm s.C.Cod M roc -rd. g •c- tivlty of it. own products which are manufactured or odd om the promise when such recycling is done Is "PPwt .((he prindpal operator (that bu.i b, He special ase pensk will be rpuired under the povfsWm of"Motion for myelin[ adlvky oandcrt.d by awn- p.(d organizations ter pak.4 not sa- goding slarty (20) hays I. any coks- da rase. (d) Special uses. (1) Public or private landing field, landing drip, helicopter landing pad, heliport o other landing area for all forms of aircraft• auto race track and drag strip. (2) Amusement pule but not within three hundred (300) feet of any 'R" district. (3) Any general public building erected or used by any, depart -crit of the city or county government, o a school district. Also, of fees. warehouses, and other support build ing. for lout unit. of government and sub -"ate agencies, unless otherwise to- uted within a xacanC district which would allow • eorometiial or institutional facility of the same nature ss a use -by -right. (l) Cemetery, txemstorium or mausoleum. (5) Church or other place of worship, or Sun daysdsool, in'R-1,'R-2; o'R-3"residen- tia1 districts. (6) Circus oc carnival grounds, but not within three hundred (300) feel dany'R" district. (7) Commerual, recreational, or amusement development for temporary or seasonal pe- riods. (8) IR<served.l (9) Institution, college, or hospital provided that any hospital w institution permitted %s"' N. rr 19fi5 in any -Re district atoll be loeatad on a site of wd len than fiw (k) acres. shall not accupy ones than ((orp (40) percent of the total Wt arta, and shall bo set back firm all yard linea at toast two (2) fort far each foot of bulldiag belght. (10) Marina w deet. (11) Nursing basis in' R' districts. (12) O(fics building.(a civic, religious or char - Roble organisation, conducting activities primarily by mail and not handling mer dandise w rendering services on the prrsn- lses. but only within the 'R -C district. (13) Privately operated community building or recreation field. (14) Public utilities. (15) Riding stable. (16) Radio or television broadcasting tower or station. (17) Residential uses as provided for in sections 30-28 (Cl District.) said 30-33 (M-1 Dis britt.). (18) Travel trailer camp, in the -C-2.' 'C-3' and ')e districts. No travel trailer may be used for any residential purpose either tran- simty or perm inently unless located in a trailer camp or mobile home park. (19) The.. radion of and, grovel, and other raw materials requiring the removal.( an overburden above the deposit, provided, however, any bulk storage of extracted ma- terial or overbundm and any Processing or extraction machinery a the open face of any cut shall be at least five hundred (500) feel fam any residential struchK street• or place. (20) Parking lots on land in'R' district within U. hundred (300) feet Rom the boundary of any 'C w 'M' district. provided the following standards ars met- a. Ingress and egress to such lot shall be from a stmt directly serving the tom" mercial, business or industrial district. b. No business involving the repair or service of vehicles, or sale, o display thereof shall be conducted from w upon such parking areas. ZONING c A special use permit shall no( be required under this section for any agency of any state, county or other local government unit engasing in recycling activity for its internal op station purposes only and not for reek to the public for p -lit. (29) Residential or outpatient facilities for the treatment of alcohol or other drug abuse for not eareeding twenty (20) persons in 'R-4' districts. or for moon (ban twent). (20) persons in 'C' district., with the provision that no special use permit shall be issued for such a fatality unless the applicant f such permit provides eve dente that he has provided written m(i- fication d the proposed plaoeroent of the facility b the owner w woe- of property located within orae hundred eightY-five (185) fad of the boundaries Of the prop erty m which the treatment facility is to be located. Further, the exterior appear sire d the treatment facility &all rca- sooably conform to to exterior appear once Bother buildings in the vicinity and a treatment facility shall not be loused closer than twee hundred seventy (370) feet to any other substance abuse facility (30) Single odouble-wide, manufactured home w manufactured business units for omcc purposes only in 'M-2' heavy industrial districts. (31) Family day care bones for the care of more Nan six (6) children but not more than test (10) dtldren in a residential seta. (321 E ..esien gambling boat or floating gam Ming fwbily in any'C or'M' district. or oosbinatoh Herod, with the following provisions: •. Accsswy use, directly amnected. aasodaMd K linked with the opera soon of M aiN-ion gambling baa) se flwtiwg I.Wily cat be included with, and sa"a ■ pat.(, any speci.I caw prsik (rsood them(-, and -hall l also be wkhiri a'C or -M* dlstnct, or combination thereof Accessory uses associated with u1 excursion gambling boat or floatini facility &hall include the following- ). Boat support facilities. 2. Docking w mooring facilities. 3. Employee support facilities. o. Ground transportation facile tis. 5. Passenger ticketing and r -el, tion facilities. 6. Parking facilities. 7. Security facilities. 6. Signs, including thou attache, to • building w other &truct-1 s boat w floating facility, o1 otherwise placed on the prem ices constituting an excu-ink gambling boat or floating facth ity site. Offstreet parking. Off-street pail: inn. and leading facilities shall M provided as specified ion section 30 3' of this duplex, except that the re qui -mot for aQ.street parking to on excu-ion gambling boat or float ing facility and its atxessory use shall be tine tend onrhalf O yr) space for every two CL) passan a-, base: on msafmutm oanitutney. pias one (1 spas per employee on the maximur. shift. In addition. Poll.t. biask ing spit. shat be mued u rd sorun, quired by the pl obi, commission and cty council. Site development plat. In •pplyt" for is aps&al tae permit seder Uu section, the devdopeo(a) shall sal. .it • formal elk plan (or -vie•• which indudes, but is net necessar ily limited to Use following. 1. Map sad ether graphic. U, eating to 6ousda++ei Aevdapoaerd and all properu, to be yaeladad, Idiulin� whether sulk properties or .woad. kaaod'op—d• w pr,. posed for such. 040 CAM GIRAPDLOLU OOOE T. The Mestion and c -d a4ec cid btidhtie. etrtreteas. Part in yrgh.deaelapmaa4 htwfwd� do" v� CocKlUes, and seesp�ofthO ptwed .sssis.Csablittbeater &M- Ist 4diKf. Md Mosseery war. 2. EVA-ce that the devolapanee em(atns werKi st )and to pro - vid. far any necasaary se Pro- posed tasd44e development .cad .%qq-t facilities, (sc1Yd' Ing parkinc and the develop' saint bduds wffieteet ri- f_A.p to amommadot. lora- tion and operation e( the planned excursion Cambling boat or float -C facility. e. An impact analysis indudimg. but not limited to, expected ac- aoaatohnte.trsS volume, peak hours efoperat-, needed road Zaboet mWev asents and trsf controls sooeassry to sexrn- ..date the proposed aces and traRx volurxs. and pians f- ou -site security and disaster re' *P_ - e. All building end Permanently moored structures shall amply with applicable standards d the city. building cod". Fsathev. e0 - Posey Permit (or any sons ary sue ad forth los " section shall be bwwd prior M the Ywame sf Occu- p...' permit. far an now, 4ad4w&.4 permanent Ksucsms proposed as a part of ch. de.e)apmcwt. The cit? aoussm l ay; bow . at ks 4 - tion approve ■ temporary a*cupancy permit far any Mccoswy use (w . Period d an (1) year if the required laadaesed structures are not cern pleted. (731 brad-wenl.wse or selfs/wat< units in gar «ter dia(t;na. (941 1'sekimC gags: For esdosed w acini eadwed p.dd.0 Cannes only. Parking s ar. tt 4" apace 4- nowas lea than the .tellaum Kra required is two ordiltaass SWAY k apptovd valor a special woe peeeit. A bWWj tg/parkktg plat and doarr.eetary ju.UfKalias Car. rpvested.mistiae from the asinlmvm at.wdarde twat k eY- fit- ted with any apPlicati boseusder. (35) AsSembly' and manufacture from pre. fabricated part, IfaketrOrk end similar products in C-2 district,. (36) S.Wk sr double-wide,-facturad hoe.. or manufactured business units for tem- porary .(lice purposes only during ewh- .Ouction as ramad.L.0 d • main build- ing in -M-1' Unfit Industrial Districts. Any special use Permit, if approved, will become effective only -Pun to unsex of a building permit for a main bu"nC. All such temporary office units shall be re moved upon eocup.ney d the completed conobvctian R ex pktm se obadon' meat If the oanstructien wark. whichever occurs fast (37) Double -wide manulactueed b -- bit. homes) in R-1,1 eroesbit.homes)in'R-1:-R-$--R-3:-'R4' districts. with the foltowmC Proviaim The manufactured home shall be in comptianoe with Federal Monufac tuned Home Cosatructi- and Safety Standards, adapted June 15, 1976, a amended, and lthnourn Public Service Commission rules: the snit when eom*tc dun bave a minimum widthdnot tan than twen- ty-four (24) fomdatim fed a mea - surd at an plats perpendicular W the kneth efthe so mul.Wnred bane, which shall nat be less than forty- two (42) foundation feet This stan- dard la intended ta restrict unit. t. the type which are brought b the site in parts, typically two (211-1- and 21halvesand at least one thousand eight (1.008) square feet minimum. A71 wheel.. apr;nhCS. annlea, litluts, and t.wi.0 apparatus shall be removed_ 1968 (:tlti ftRARDUN W1W gid w far sswd suial in *a.binac.. with shq.- pla g peter sots meet forth in section 30-31.71. {evKeposewt plan shat be referred W the plan - slog sad sesing usmmsaiom (w study and report. Append"be codtrimad Ypon ap-fsc Gnd- Ibtp Wert the l .. pmmsmlty Ynit plan ehret. da, tanowiag conditions: (I) that the proposed devdapoent of MY IC -41 planned commercial district in- elusdad se a part tithe Plan complies with the regulations fw then districts as set Cath is section 30-31. a) that the buildiads, other nus those lo- COW .khan a 'Cts' district, located m the ars ion be used only fx one-tsmity d.eniaca, two-4milyy d-W.C.y or multi- ple lweltschgs and the usual accessory Maes sech a private W parking tamps. storage space and for community beti- am lndudiAc chums and schools. a) That to averw let area per family inn talnod is the vile, avdtuive d the area sampled by ■ 'C -C district w by street., will sat be loss than the lot area per fanny required in the district in which the d.-Jopsooil 4 located. (4) That the save is adaptable C. _Ptete asmmueky de olopmeni, betnC bounded by sajer t6aouch(area. Kreetr. ran. reeds, or stber external barriers, and In- .sfn as possible wkhwt • major (har. suglator ostba phydol feature which tool ta impair Wee adthbectod or com- wasly oohadessan. 6) that as more Was toen(Y-Irre (251 Per - 6" of Ws groin ass, of the project be 4*"4w to a 'C.1' dbtrit and that as pore Wei Hy (60) p000rK of the grows am ef do greet located in a siaCk. tually distdet be 4~W to sovk4k- ie22y dwsdfsp- 1W Tho o"Wakint mw is raaarred for retre. eased a" Oda ed"d fatlkles ta onset the &owes(Ws am"Fatd pepuLWn. err p dooka" M Cho asmprats mi" Plan 471 Tlsal ProlertY 'djacernl to the arc' in eluded in the plan will aK be sdr tv affected ad w this end. the city council may require, in the absence of MY aPP- priate physical bat'rier. that ase of Wast intensity sat .bailer of open .pax or eaoeaiwg be arranged along the borders dthe project.. (6) that We putt is consistent with the intent and purposes of this chapter ts promoe, public beakh, safety. morals, and Cenral welfare - (f) Hthe cityeaunal gppro ea the plats. build int Permits and certificates, doccupeary may be lewd, even theuCh the one or the lad and the location tad LeiCht of bulldiog in be erected in the area and the Yards and epee space -tern plated by the plan d. not conform lo sl respects ta the district regulation d the district in which it Is located. (t) M applicatim fw • spacial Mae Permit under this sect)- may be made and W -eased coalrmP.'_." ly with a Prep a..d amendment d the district let which such site Gee. (h) A special toe Permit shall satamatically aspire upm the failure to develop she wt of the land for which the special use Permit has been issued If the we is sat d.vrloped wkbln twelve (u) sassu s tear the t>ersat has boot issued. Q In the event the we of the lad (err which the apecid en permit has been Issued Is discon- Uawd far a period of one (1) yeS4 then the Special was, permit shell astomaticaUy WN - (Cade 1967. f 30.q; Oct. M. 660. l 2. 2-199. Ord. Ne. 764, f 1.9-16x9: Old. Ne. M. Art 1. 12-1699; Old. Me. 846, ails. 4. S. 4-1440: Ord. Ne. 962, alt. S. 1.1441: Old. No. 1095. art. 1. 9-1641; Old. Me. 1227. art 7.93112: Ord. No 1469. art S. 124093: Old. No. 1929. arts. 2. 3. 6.1944.0-4. pro. 1661. arts. 6, 6.6.2094: Ord. Me.1720. art 2.6.1916:0/4. Ne. 1779. sets. 6.6. O-ft16. Ord. 94. qct, art 1.2.2096: Oro. No 9W WL Ord. No 2262, art 2. 10.1201'7; oa. No. SM. art t. 109017; Ord. me. 2467. art. 2. 2-1t ) l The unk swK be OsresYetttly (n. atoned an a properly lodged, en - deed t oodatiea sys- in axw- daace with the BOCA National "WOE Code. Orientation of the manufactured housing neat m the lot Shan conform ta the Sane orientation as the . jority of conventionally built struc- tures in the Immediate area (within three hundred (300) feeU. ExamPle: Frost door to front lot line. rear door ta rear, lot line. Rod muvt be a gable w hiP road at least three (3) in twelve (12) Pitch or C -La, sad *owed with material that is residential in - PP ---including. but sot limited to apo pored wood, asphalt composilios or fiberglass shingle, but excluding cur - r ueated aluminum, corrupted fiber glass. x metal roofs: except for Per. witted deck areas, all r*o(structure' shall pnmidt as s- Projection deo lea than six (6) inches and n greater than thirty (30)inches. g. Estuiw aiding w covering shall be d • type, quality and appearance customarily used *n conventionally built homes. h. The let shall be provided with a bard wtface(notearthen in setae),in - way nK len than mix (9) feet wide with side-yad Paridng OWTWi nt f the placement of at least two (2) vehicles- i- A minimum Of athtttn (18) inches .(crawl space under the entire man- ufactured home shall be maintained, j. permanent steps shall be Set at all oriental crit. with appropriate hand rails and/or guard nils. 4. The unit shall be served by a water supply and sewap disposal -Y"- in accxdas*e with the International plumbing Code, a currently adopted by the city. Sue. No r0 1969 18042 1. Tee trot shall be aerw2d by an star- tried tar tried sat I 4 W ( the Mauna) eloetdul oar me* adaptd b Wer m. HprawLstrvetft"1k `tin aaadna M all spokable . loci wbdi islaostdisanwisand- ..doer pertinent atdimoce In ellect at the time of iestanation or cansructlun. including aedm& requirements. (38) Halfway houses for the rehabnitatiam d ad& persons cube w prb- er Corner prw-sa y only be located in 61, G2, sppreved. art subject lo the (ollowun additional conditions: a. One (1) parking space for every for (4) residents, indadinC staff resi dents. b. The Proposed facility shall Provde appropriate and reasonable security c. The facility shall have w exterior .'dance of such ase and so sign dwtising such -- d. At the time Of original approval. if the proposed facility is to be located .idd. five hundred (600) feet of Moller such facility, public, Private or pemebid school, Cep home for adults w juwniltf, sm"ing, test or eotnrleoeat b*me (hxnGsl, cht7dnen'c .utsery ar boarding home, day care center, reddent.1 rote,-dstint Menhal ase, err facility for the men tally or physically di_ city eouncil ,say r"-- such ti,sw en dibow on the special ask permit as it Peds are necessary tk minimise the aglad of the ptopoaec was on the surrounding Pte' e. The applicant shall demonstrate the there shall be no negative impact w property within five hundred (500 fed d the proposed facility. (99) Microbrewery w Pub brewery in a `C.2- '"', or 'M-1 district (e) Commwity unit plan. The wooer If an; grad died W requests special use Perms, fo the use and development dsuch Irani fw residen BILL NO. 2000-116 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MICHAEL A. SMITH AND BONNIE C. SMITH AND SUMMIT ENTERPRISES, LLC, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING COMMUNITY UNIT PLANS FOR APARTMENTS, IN THE 2700 BLOCK OF LYNWOOD HILLS DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Michael A. Smith and Bonnie C. Smith and Summit Enterprises, LLC, are the owners of certain property in the City of Cape Girardeau, on which they desire to construct, maintain and operate community unit plans for apartments; and WHEREAS, the proposed location of said community unit plans for apartments is on Lots 5 and 6 of Second Amended Plat of Lynwood Hills Estates, on the north side of the 2700 block of Lynwood Hills Drive, which property is presently zoned R-4, Multiple Dwelling District; and WHEREAS, a Special Use Permit is required for said use in an R-4 zone; 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, fire hazards or 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 purposes of constructing, maintaining and operating community unit plans for apartments, on the following described property: Part of Section 23, Township 31 North, Range 13 East of the Fifth Principal Meridian, County of Cape Girardeau, State of Missouri, described as follows: Commence at the southwest corner of said Section 23, thence North 890 18' 00" East, 1349.48 feet, to the point of beginning; thence North 000 20' 52" West, 780.03 feet; thence North 880 50' 56" East, 1249.21 feet; thence South 190 20' 54" East, 301.20 feet; thence South 010 29' 12" West, 504.84 feet; thence South 890 18' 00" West, 1331.02 feet to the place of beginning and containing 23.87 acre, more or less. is hereby granted to Michael A. Smith and Bonnie C. Smith and Summit Enterprises, LLC, to be effective ten (10) days after the date of passage and approval of this ordinance. The special use must 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 as Exhibit "A", 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 as Exhibit "B" and incorporated herein by reference is the formal Findings and Conclusions of the City Council. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk r� 59 SPECIAL USE PERMIT Michael A. Smith and Bonnie C. Smith, 1549 Greenbrier, Cape Girardeau, MO 63701, and Summit Enterprises, LLC, c/o Greg Deimund, Treasurer, 2316 Jean Ann, Cape Girardeau, MO 63701, are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating community unit plans for apartments, on the following described property for an indefinite period of time: Part of Section 23, Township 31 North, Range 13 East of the Fifth Principal Meridian, County of Cape Girardeau, State of Missouri, described as follows: Commence at the southwest corner of said Section 23, thence North 890 18' 00" East, 1349.48 feet, to the point of beginning; thence North 000 20' 52" West, 780.03 feet; thence North 880 50' 56" East, 1249.21 feet; thence South 190 20' 54" East, 301.20 feet; thence South 010 29' 12" West, 504.84 feet; thence South 890 18' 00" West, 1331.02 feet to the place of beginning and containing 23.87 acre, more or less. This Special Use Permit is granted upon the condition that the Applicant be bound by all City Ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicant to comply with these special conditions, the Special Use Permit will automatically terminate and the City of Cape Girardeau shall have the right to enter upon the land to abate such special use. 1. Additions or modifications from the original building permit must be approved by the City Council. 2. Special use shall meet all applicable zoning regulations. 3. This Special Use Permit shall automatically terminate in twelve (12) months upon the failure to develop the use of the land for which the Special Use Permit has been issued. 4. This Special Use Permit is not transferrable without consent of the City Council. EXHIBIT A IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of 20 Michael G. Miller City Manager ATTEST: Gayle L. Conrad City Clerk STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 20 , before me appeared Michael G. Miller, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. My Commission Expires: October 8, 2000 Delores G. Needham, Notary Public EXHIBIT A V CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of r , the Cape Girardeau City Council considered the application for Special Use Permit dated 3/15/2000 filed by Michael A Smith and Bonni Smith and Summit Fn e prises, LT.0 for the property located at 2700 Block of Lynwood Hills Drive in Cape ,irard aj,, for the purpose of constructing, maintaining and one a ing community unit plans for apartments_ In examining this application, the following factors were considered and found as noted: Yes No N/A City Council Findinga: The Proposed Special Use Permit, 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 6. Be in conflict with the comprehensive city plan 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 30-39 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 attached Special Use Permit (SEAL) ATTEST: City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Mayor EXHIBIT B (IF DENIED) CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , the Cape Girardeau City Council considered the application for Special Use Permit dated 3/15/2000 filed by Ronnie e C. Sm th and c""�^" * �n - -r'pr i -,es, I.i.r tt;nhaol A. Smith and - for the property located at 7700 S o 1, of Lynwood Hills Drive in cape Girardeau. for the purpose of construc ingF m int ining and on a ingcom_munity unit plans far partme In examining this application, the following factors were considered and found as noted: Yes No N/A city council Findings: The Proposed Special Use Permit, 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 S. Overtax public utilities. 6. Be in conflict with the comprehensive city plan 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 30-39 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 attached Special Use Permit (SEAL) ATTEST: City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Mayor CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Special Use Permit Recommended Action: That the request of Michael A. and Bonnie C. Smith and Summit Enterprises, LLC for a Special Use Permit for Community Unit Plans for apartments on Lots 5 and 6, of Second Amended Plat of Lynwood Hills Estates, in the 2700 block of Lynwood Hills Drive, in an R-4, Multiple Family Residential District, be recommended for approval. Vote Count: Favor — 6 oppose — 0 Abstain — 0 Date Recommendation Made: r) April 12, 2000 List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens in attendance at meeting: Frank Bean — representing the applicants Secretary CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning ❑ OR Special Use Permit File No. q5o _-Address of Property a 70Q ,g/oek ��nu�ood fii�l s rive CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning'. 2. Is plat sufficient'? i��S J NN7111 intended use conform to requested zoning? i �S 4_ Ilas intended use already commenced? >. Comments -2 u C v Cit P ;er/Dllllevel�opment S",'•eJFVic�es Coordinator Date .............................................................................., CITY ATTORNEY: 1. Is Legal description sufficient? 2. Will intended use conform to requested zoning? 3. Can requested Special Use Permit be legally granted? 4. Comments: City ttor yDate _ .. ■ ... a ...... a ... . r .... ■ ... ■ ..... ■ ■ ..... ■ .... • .. ■ .... ■ .. ■ r .... ■ ... ■ ............ . CITY MANAGER REFERRAL TO PLANNING AND ZONING COMMISSION: City Manager, M iller s l Date . . .. . . . . . . . ■ ..... ■ . . . . . . ■ . ■ .. . ■ .. ■ . . 0 ... a .. . . . . . . . . . .... .. ■ . ■ . . .. . . . . . .... . . . .. PLANNING SERVICES STAFF: 1 . Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date Revised 4/21/1998 CITY OF CAPE GIRARDEAU Application for Rezoning _ OR Special Use Permit X (check one) For Staff Use Only Date Received in Planning Services Office: 3-/S-poBy: SECTION A 1. Description of the project: 2 - 10 unit apartment buildings, 2 story, facing each other, with parking in the middle. 2. Street address of tract (or other location description): North side of street at the 2700 block of Lynwood Hills Drive, Lot #5 and Lot #6 3. Names and addresses of all legal owners of tract: Lot #5 - Michael A. Smith & Bonnie C. Smith, 1549 Greenbrier, Cape Girardeau. Lot #6 - Summitt Enterprises, Greg Deimund, 2316 Jean Ann, Cape Girardeau. 4. Present zoning classification: R4 5. Requested new zoning classification: N/A 6. Requested special use: To Build 2 apartment buildings on one lot 7. Person handling this application (name, address, phone number): Michael A. Smith, 1549 Greenbrier, Cape Girardeau, 335-2743. 8. If tract is to be transferred, name and address of intended owner: Summitt Enterprises, owner of Lot #6, will transfer this lot to Michael A. Smith & Bonnie C. Smith, at 1549 Greenbrier, Cape Girardeau, in the month of November 2000. 9. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): Yate � ,2��� ' _1%�i� ::i/� i V SECTION B 1. Legal description of tract: Lot #5, Lot #6 in book #18 on page 99, The second amended plat of Lynwood Hills Estates in Cape Girardeau. 2. Attach to this application a scale plat of the tract, on an 8% by 11 inch sheet of paper, showing the following: See Attached Site Plan a. All boundary dimensions. b. All adjoining streets and alleys. c. All present improvements. d. All intended improvements. e. All adjoining and cornering property lines and references to all owners listed in Section C. f. Zoning classification of all adjoining and cornering property. See attached site plan for marked zoning SECTION C 1. List names and addresses of ALL adjoining landowners. Include land which corners on tract or which is across streets or alleys. NOTE: Where a rezoning or special use permit is requested for part of a larger platted tract, adjoining owners are considered as those adjoining the larger tract. Lot 94 - Owned by James D. Maurer, 2924 Bella Vista, Cape Girardeau Lot #7, #10, #11 - Owned by Michael A. Smith --Iso Lo+ 41o1, MS- Lot SLot #13 - Kenneth Storey, 120 Industrial Drive, Sikeston, MO 63801 All property beyond the North Property Line of these lots is located in Cape Girardeau County 2. With this application, the applicant must deliver to the Planning Services Division a stamped, plain business envelope addressed to each of the individuals listed in Section C, No. 1, of this application. SECTION D 1. State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. To build 2 apartment buildings, see plan attached ' r) 2. If this is an application for a special use permit, state the limitations you offer to put on the permit relating to time period, tract ownership, size and design of improvements to be constructed. See attached site plan 3. Is a transfer of ownership of the tract dependent upon the approval of this application? NO 4. Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract? If so, give the date and state the prior action taken. Rezoning was approved 12-15-97 from R1 to R If SECTION E 1. State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. This special use permit will allow me to construct (2) 2 story apartments on one lot, instead of building (1) 3 story apartment building. A 2 story apartment will be much more attractive for the neighborhood and prospective renters. This will allow me to put the parking in the center of the (2) buildings, giving me 2 parking spaces for each apartment. This exceeds the city code that states you must have at least 1.5 parking spaces per apartment. Required set back is 25 feet. I have set these units 45 feet from set back to e it more attractive from the street and allow for more front landscaping. Y .9/ nr wr s M 33dJ fO Jw 1tl3t ]J QI -0:N}Jr � N�71dnGJ n`bvAv 3ihJ'.�' v 3av N73a0 OS I � T � r3ar N31rJ os \ i ry \ x31 \CJ 1N3nt ar dr 35 \Nxcl \ -Ni'• ua3a0ae 10 305 wJr3 .0'; I N3n3S'3 NC%N 0'0 x31dnOJ 1N3M-a 3\now 01 I 1v 3av N33M0 ,0'S l. sl 0 i o'I r3Mv N33aJ 0'S %3-1dnOp 1N Yll ardv 35lq 1Nrp1 .00'Ul 1N3n3sv3 A1nUn 0'0,�� • m. %31dn00 1N314avdv 75np HNM01 O c jIL 3 Z,\, I 11 �f I I� - o I� — iio I �- � i� 1 • '„1 raw 03 ' � 310n0i i 3nl ardv 3SOOMrw.G1 \ Orr-3o-l.�w .00S) w 0 _^ /' \ W n W V � 1N3143SY3 ),Inun ,OL --- _ _ _ _ — —� --— —— M.lS OLdON IX .Ll.WJ0 S 30t2o .64 �c /vlTARY SEVER g4SEMF Ne _ EXIST/NC ` I I /o marr EASE.YE.+r .V EACH S/DE Of PROPfR7')"LL E_ ---- — I 00 / I O Z I �- _^ /' \ W n W V � 1N3143SY3 ),Inun ,OL --- _ _ _ _ — —� --— —— M.lS OLdON J", T N > N W O N `- cYl Ic -0 W C ` O N O O Ln N E C J). 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No. 203g i � g caRoawuE tori F I iCAMDDR n WiCCIgAq c„EL OR $ lil CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No.. 15 6 Agenda May 1, 2000 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: SUBJECT: An Ordinance Accepting a General Warranty Deed, Permanent Drainage Easements, and Temporary Construction Easements from St. Francis Hospital of Franciscan Sisters and a Temporary Construction Easement from Charles L. and Martha Jane Hirsch for the Extension of Silver Springs Road North of William Street to its Existing Termination Point South of Independence Street This Ordinance accepts a General Warranty Deed, Permanent Drainage Easements, and Temporary Construction Easements from St. Francis Hospital and Charles L. and Martha Jane Hirsch that are needed for the extension of Silver Springs Road north of William Street to its existing termination point south of Independence Street. This Project includes the construction of Silver Springs Road as a 40 -foot wide and 44 -foot wide concrete street. This project also includes the improvement of Gordonville Road to a 36 - foot wide concrete street to the west and east of Silver Springs Road and the reconstruction of the Silver Springs Road/Gordonville Road intersection. The attached Ordinance would accept this Deed and these easements for the City of Cape Girardeau. This ordinance is on your Agenda for your consideration for first reading. k-Aty ivianager 1 tl t Noe r"atiwcti� �w usA 8�rw � OUA SCEMC pt. \y .(V J" QTs � K p` 4„ �Eueos[ � PAmov `^r uC1R(`S[ AK Nj QFNRDGE I ANNA cr �1 1 E N R: 'A^DR ' r6 VAS otic "J�`MR RD ("A . st o< I 7 DR PDN- �ro�st I\111 DOGM'JW GaNNEVf R� ( v h w o" is\v of �z �ws�AyA DRQ oR \� °� -� ,rro_, A ARENA �. ,uYCEE PARK MIXER 4e Slrfh',w� o ti�SA - �AY z \ AN MCu:SDR raw � q, �n w IBESS[ DR. \ � h MiiiFNER Si. y �� S r1iEu:S ST I, �'ENDENC[ \, co RDPR - ,y ofES510NA1 � ��� REacr .St. Francis Hospitai Project Location Rte„ ( [R '� � _ ❑ ��a �q ' 'G Ily SL I' uFRPo=_ 6 3 St oa WILLIAM a zas o \ cAUDR a ? i Da wAM, a F\ \1\U 11 uc"T MIC u. wQ- 5 'i'f. BILL NO. 2000-117 ORDINANCE No. AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED, PERMANENT DRAINAGE EASEMENT'S, AND T'EMPOIZARY CONSTRUCTION EASEMENTS FROM ST.. FRANCIS IIOSPITAL OF FRANCISCAN SISTERS AND A TEMPOIUIRY CONSTRUCTION EASEMENT FROM CHARLES L. HIRSCH AND MARTHA JANE HIRSCH FOIZ THE EXTENSION OF SILVER SPRINGS ROAD NORTII OF WILLIAM STREET TO ITS EXISTING TERMINATION POINT SOUTH OF INDEPENDENCE STREET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRAI� DEAD, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri hereby accepts a General \K'arrant_\- Deed executed by St. Francis Hospital of Franciscan Sisters conveying to the City of Cape Girardeau, Missouri property for the extension of Silver Springs Road north of \William Street to its existing termination point south of Independence Street, more particularly described as follo\vs, to - wit: THAT PART OF OUTLOT 84 OF U.S.P. SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Southwest corner of Park West Heights Subdivision; thence North 86°02'42" West, 40.97 feet to the point of beginning; thence South 08°40'48 East, 275.61 feet; thence along the arc of a curve to the right having a radius of 530.00 feet, a distance of 115.42 feet; thence South 03°47'52" West, 378.51 feet; thence along the arc of a curve to the left having a radius of 679.89 feet, a distance of 23.88 feet; thence along the arc of a curve to the left having a radius of 20.00 feet, a distance of 32.99 feet to a point on the North right of way line of Gordonville Road; thence along said North line South 87°16'37" West, 109.55 feet; thence leaving said North right of way line along the arc of a non -tangent curve, being concave to the Northwest having a radius of 30.00 feet, a distance of 44.71 feet (the chord of said arc bears North 44°34'54" East, 40.69 feet); thence along the arc of a curve to the right having a radius of 739.89 feet, a distance of 24.68 feet (the chord of said arc bears North 02°50'32" East, 24.68 feet); thence North 03°47'52" East, 37851 feet; thence along the arc of a curve to the left having a radius of 470.00 feet and a distance of 102.36 feet; thence North 08040'48" Test, 949.85 feet; thence along the arc of a curve to the right having a radius of 480.00 feet, a distance of 106.06 feet to the Southeast corner of lot 14 of First Park \YIest Professional Plaza; thence South 86°05'58" East, 60.00 feet to the Southwest corner of lot 13 of First Park West Professional Plaza; thence along the arc of a non - tangent curve, being concave to the East, having a radius of 420.00 feet, a distance of 92.88 feet (the chord of said arc bears South 02°20'40" East, 92.70 feet); thence South 08°40'48" East, 674.24 feet to the point of beginning and containing 95,397 square feet, more or less. Page 1 of 7 ARTICLE 2. The City of Cape Girardeau, Missouri hereby accepts a Permanent Drainage V Easement executed by St. Francis Hospital of Franciscan Sisters conveying to the City of Cape Girardeau, Missouri an easement for the extension of Silver Springs Road north of William Street to its existing termination point south of Independence Street, more particularly described as follows, to -wit: THAT PART OF OUTLOT 84 OF US.P. SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Southwest comer of Park West Heights Subdivision; thence North 86°02'42" West, 40.97 feet; thence South 08°40'48" East, 275.61 feet; thence along the arc of a curve to the right having a radius of 530.00 feet, a distance of 76.10 feet, to the point of beginning; thence continue along the arc of a curve to the right having a radius of 530.00 feet, a distance of 39.32 feet; thence South 03°47'52 West, 1.76 feet; thence North 23°11'14" East, 55.86 feet; thence North 66°4846" West, 15.00 feet; thence South 23°11'14" West, 17.63 feet, to the point of beginning and containing 540 square feet, more or less. ARTICLE 3. The City of Cape Girardeau, Missouri hereby accepts a Permanent Drainage Easement executed by St. Francis Hospital of Franciscan Sisters conveying to the City of Cape Girardeau, Missouri an easement for the extension of Silver Springs Road north of William Street to its existing termination point south of Independence Street, more particularly described as follows, to -wit: THAT PART OF OUTLOT 84 OF U.S.P. SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Southwest comer of Park West Heights Subdivision; thence North 86°02'42" West, 40.97 feet; thence South 08°40'48" East, 275.61 feet; thence along the arc of a curve to the right having a radius of 530.00 feet, a distance of 115.42 feet; thence South 03°47'52 West, 374.46 feet, to the point of beginning; thence South 03047'52" West, 4.05 feet; thence along the arc of a curve to the left having a radius of 679.89 feet, a distance of 23.88 feet; thence along the arc of a curve to the left having a radius of 20.00 feet, a distance of 32.99 feet to a point on the North right of way line of Gordonville Road; thence along said North line, North 87°16'37" East, 19.62 feet; thence along the arc of a curve to the left having a radius of 545.00 feet, a distance of 1.44 feet; thence leaving said North line, North 40°29'24" West, 62.44 feet, to the point of beginning and containing 960 square feet more or less. ARTICLE 4. The City of Cape Girardeau, Missouri hereby accepts a Permanent Drainage Easement executed by St. Francis Hospital of Franciscan Sisters conveying to the City of Cape Girardeau, Missouri an easement for the extension of Silver Springs Road north of William Street to its existing termination point south of Independence Street, more particularly described as follows, to -wit: THAT PART OF OUTLOT 84 OF U.S.P. SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Southwest corner of Park West Heights Subdivision; thence North Page 2 of 7 86°02'42" West, 102.46 feet; thence South 08°40'48" East, 56.29 feet to the point of beguaEag; thence North 62°44'07" West, 62.72 feet; thence South 27°15'53" West, 15.00 feet; thence South 62°44'07" East, 73.60 feet; thence North 08°40'48" West, 1553 icer to the point of beginning ,and Could 11 rg 1, 22 square Leet more or less. ARLICI F 5. The Cite of Cape Girardeau, MisunUn hereby accepts a Pernian,:nt Drainago' Lasement executed bV St. Francis Hospital of Franciscan Sisters convevuw to the City r>f Cape Girardeau, Missouri .un easement for the extension of Silver Springs Road north of V'Ilhani Street to its existing ternurnation point south of Independence Street, more particularly described is folio,ovs, t�� tit: TI]AI- I'-URP OF OU LOT 84 OF U.S.P. SURVEY 2199, TOWNSHIP 30 NOR1_11, RaNGF 13 FAST, CIT-" ANS GURARDEAU, STATIL OF MISSOURI, DESCRIBED AS FOLLO\VS: Coinninence at the Southwest comer of Path West Heights Subdivision; thence Noah 86"02'42" Vest, 40.97 feet; thence South 0840'48" East, 58.28 feet to the p,rirnt „f beginning: thence North 81°19'12" East, 132.00 feet; thence South 60°37'59" East, -)o -)1 {t tin �C`Uth ;°14'4 ' Fd<i, i i S4 1(,(,1: 111t'I1ce Sr1Uth 01°33'18 I''I 1'C.) i<et; thence Souiln S1°19'12 `l' -est, 155.00 feet; thence North 08°40'48- I 08.0, 8°40'48"168.0, Leet to the point of beguunung and containing '6,958 squ.u-e feet, rnnore or i�:ss. ARTICLE 6. The City of Cape Girardeau, Missouri hereby accepts a Temporary- Construction Easement executed by St. Francis Hospital of Franciscan Sisters conveying to the CltV of Cape Girardeau, Missouri .u1 easement for the extension of Silver Springs Road north of William Street to its existing termination point south of Independence Street, nnore particularb- described a; follows, to -wit: ITLAT PART OF OUI'LOT 84 OF US.P, SURVEY 2199, TOWNSITP 30 Noim 1, R_A,NGE 13 EAST OF THE FH 11 PRINCIPAL. MERIDIAN IN THE CM - AND COUNTY OF CAPE GIRAIZDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Southwest comer of Park West Heights Subdivision; thence North 86°02'42" West, 20.47 feet, to the point of beginning; thence Noah 08°40'48" West, 68.21 feet; thence North 14°44'55" East, 163.48 feet; thence North 22°42'58" West, 103.08 feet; thence North 35°14'42" West, 55.90 feet; thence North 25°22'45" West, 5220 feet; thence North 08°40'48" West, 100.00 feet; thence South 81° 19'12" West, 5.00 feet; thence North 11°32'33" West, 100.12 feet; thence North 08°40'48" West, 60.52 feet; thence along the arc of a curve to the right, having a radius of 410.00 feet, 90.36 feet, to a point on the South Line of Lot 13 of First Park West Professional Plaza; thence along said South line, North 84'13'28" West, 10.00 feet, to the Southwest comer of said Lot 13; thence leaving said South line, along the arc of a non -tangent curve concave to the East, having a radius of 420.00 feet, 92.88 feet (the chord of said arc bears South 02°20'40" East, 92.7 feet); thence South 08°40'48" East, 732.52 feet; thence North 81°19'12" East, 132.00 feet; thence South 60°37'59" East, 29.21 feet-, thence South 35°14'42" East, 33.54 feet; thence South 01°33'18" Fast, 120.93 feet; thence South 81°19'12" West, 155.00 feet-, thence South 08°40'48" East, 49.33 feet; thence along the arc of a curve to the right having a radius of 530.00 feet, a distance of 76.10 feet; thence North 23°11'14" East, 17.63 feet; thence South 66°48'46" East, Page 3 of 7 15.00 feet; thence South 23011'14" West, 55.86 feet; thence South 03047'52" West, 372.70 feet; thence South 40°2924" East, 62.44 feet to a point on the North right of way line of Gordonville Road; thence along said North line along the arc of a non - tangent curve, being concave to the Northwest having a radius of 545.00 feet, 182.67 feet (the chord of said arc bears North 77°31'23" East, 181.82 feet); thence leaving said North line North 02°51'44" East, 11.05 feet; thence along the arc of a non -tangent curve, being concave to the Northwest having a radius of 535.00 feet, a distance of 179.08 feet (the chord of said arc bears South 77°00'40" West, 178.25 feet); thence North 40°29'24" West, 46.11 feet; thence North 08°17'17" West, 24.38 feet; thence North 03°47'52" East, 100.00 feet; thence South 86012'08" East, 15.00 feet; thence North 58°15'36" East, 43.01 feet; thence North 34°51'43" West, 32.02 feet; thence North 86°12'08" West, 30.00 feet; thence North 03°47'52" East, 201.78 feet; thence North 13019'15" East, 51.64 feet; thence North 05°50'35" West, 68.88 feet; thence North 81°19'12" East, 20.00 feet; thence North 08°40'48" West, 29.33 feet; thence North 81°19'12" East, 132.66 feet; thence North 01°33'18" West, 144.65 feet; thence North 35°08'28" West, 68.67 feet; thence South 81° 19'12" West, 140.00 feet; thence North 08°40'48" West, 36.79 feet to the point of beginning and containing 46,314 square feet, more or less. ARTICLE 7. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by St. Francis Hospital of Franciscan Sisters conveying to the Cin - of Cape Girardeau, Missouri an easement for the extension of Silver Springs Road north of William Street to its existing termination point south of Independence Street, more particularly described as follows, to -wit: THAT PART OF OUTLOT 84 OF UST, SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Southwest comer of Park West Heights Subdivision; thence North 86°02'42" West, 102.46 feet, to the point of beginning; thence North 08°40'48" West, 660.79 feet; thence along the arc of a curve to the right having a radius of 480.00 feet and a distance of 106.06 feet to the Southeast comer of lot 14 of First Park West Professional Plaza; thence along said South line of First Park West Professional Plaza North 86°01'58" West, 10.00 feet; thence leaving said South line along the arc of a non -tangent curve concave to the East having a radius of 490.00 feet, a distance of 108.27 feet (the chord of said arc bears South 02°2101" East, 108.05 feet); thence South 08°40'48" East, 590.52 feet; thence South 03°31'30" West, 94.60 feet; thence North 62°44'07" West, 38.41 feet; thence South 27°15'53" West, 35.00 feet; thence South 62°44'07" East, 57.61 feet; thence South 14°53'12" East, 138.74 feet; thence South 15°04'02" East, 89.89 feet; thence South 81'19'12" West, 5.00 feet; thence along the arc of a non -tangent curve, being concave to the West, having a radius of 455.00 feet, a distance of 99.09 feet (the chord of said arc bears South 02°2628" East, 98.89 feet); thence South 71°24'17" West, 70.30 feet; thence South 39°49'30" West, 68.01 feet; thence South 61°58'28" East, 109.66 feet; thence South 03°47'52" West, 32.27 feet; thence South 54°35'34" East, 11.84 feet; thence South 35°2426" West, 19.24 feet; thence South 03°47'52" West, 60.13 feet; thence South 35°48'11" West, 94.34 feet; Page 4 of 7 thence South 03°47'52" West, 117.22 feet to a point on the North right of way line of Gordonville Road; thence along said right of way line North 87'16'37" East, 44.12 feet; thence leaving said right of way line along the arc of a curve to the left having a radius of 30.00 feet a distance of 44.71 feet; thence along the arc of a curve to the right with a radius of 739.89 feet, a distance of 24.68 feet; thence North 03°47'52" East, 378.51 feet; thence along a curve to the left having a radius of 470.00 feet a distance of 102.36 feet; thence North 08°40'48" West, 214.24 feet; thence North 62°44'07" West, 73.60 feet; thence North 27°15'53" East, 15.00 feet; thence South 62°44'07" East, 62.72 feet; thence North 08°40'48" West, 56.29 feet, to the point of beginning and containing 40,917 square feet, more or less. ARTICLE 8. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by St. Francis Hospital of Franciscan Sisters conveying to the City of Cape Girardeau, Missouri an easement for the extension of Silver Springs Road north of William Street to its existing termination point south of Independence Street, more particularly described as follows, to -wit: THAT PART OF OUTLOT 84 OF UST. SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Southwest comer of Park West Heights Subdivision; thence North 86°02'42" West, 102.46 feet; thence South 08°40'48" East, 289.05 feet; thence along the arc of a curve to the night having a radius of 470.00 feet, a distance of 102.36 feet; thence South 03°47'52" West, 378.51 feet; thence along the arc of a curve to the left having a radius of 739.89 feet, a distance of 24.68 feet; thence along the arc of a curve to the right having a radius of 30.00 feet, a distance of 44.71 feet to a point on the North right of way line of Gordonville Road; thence along said right of way line South 87016'37" West, 306.04 feet to the point of beginning; thence leaving said right of way line North 02°4323" West, 13.95 feet; thence South 87°42'13" West, 141.52 feet; thence South 02°4323" East, 5.00 feet; thence South 87°16'37" West, 393.91 feet; thence along the arc of a curve to the right having a radius of 266.60 feet, a distance of 102.30 feet; thence South 19°15'46" West, 10.00 feet to a point on the North night of way line of Gordonville Road; thence along said right of way line along the arc of a non -tangent curve, being concave to the Northeast having a radius of 276.60 feet, a distance of 106.14 feet (the chord of said arc bears South 81°4348" East, 105.49 feet); thence North 87°16'37" East, 535.43 feet to the point of beginning and containing 7,029 square feet, more or less. ARTICLE 9. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Charles L. Hirsch and Martha Jane Hirsch conveying to the City of Cape Girardeau, Missouri an easement for the extension of Silver Springs Road north of William Street to its existing termination point south of Independence Street, more particularly described as follows, to -wit: THAT PART OF OUI'LOT 84 OF UST, SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUN'T'Y OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Southwest comer of Park West Heights Subdivision; thence South Page 5 of 7 86°02'42" East, 236.97 feet; thence South 02051'44" West, 751.15 feet, to a point on the North right of way line of Gordonville Road, said point being the Southwest comer of H. Eugene Cantrell and Christine M. Cantrell as recorded in Deed Book 659 at Page 301 in the Land Records of Cape Girardeau County, thence along said North line, along the arc of a non -tangent curve, being concave to the Northwest, having a radius of 545.00 feet, a distance of 159.58 feet (the chord of said arc bears North 59°31'57" East, 159.01 feet); thence leaving said North line, South 38°51'20" East, 80.00 feet, to a point on the South right of way line of said Gordonville Road; thence leaving said South line, South 59°26'47" East, 28.30 feet; thence North 26°54'05" East, 31.77 feet; thence North 52'19'43" West, 14.86 feet, to a point on said South right of way line; thence along said South line, along the arc of a non -tangent curve, being concave to the Northwest, having a radius of 625.00 feet, a distance of 35.48 feet (the chord of said arc bears South 49031'05" West, 35.48 feet, to the point of beginning and containing 701 square feet, more or less. ARTICLE 10. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF )2000. ATTEST: Gayle L. Conrad City Clerk Page 6 of 7 A.M. Spradling, III Mayor CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 157 Agenda May 1, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Ordinance Calling Election on the Transportation Sales Tax Extension Attached for the City Council's consideration is an ordinance which, if approved, would set August 8, 2000, as the date for an election for the enactment of a sales tax of one-half of one percent for transportation purposes, such sales tax to terminate automatically in five years. If passed, this will constitute the continuation of the current %z% transportation sales tax for an additional five years. The ordinance also continues the Transportation Trust Fund for the new program. In order to schedule the election for August, the Council will need to adopt the attached ordinance in May. If the election is called and the issue passed, the new tax will go into effect January 1, 2001. If the Council decides to proceed with the extension of this tax, the list of projects that will be included in the new program will need to be finished by early to mid June, so that the staff will have time to prepare the informational materials for presentation to the public. Vision 2000, assisted by City staff, held a series of six public meetings in April at six different locations. Vision 2000 will compile the input received at these hearings and forward their results to the Planning and Zoning Commission. The Planning and Zoning Commission will review the results of the public meetings at their regular meeting on May 10th, in relation to their recommendations forwarded to the Council on March 29th. Their final recommendations to the Council will hopefully be made on or before the May 15th Council meeting, but will be no later than the June 5th Council meeting. The staff is recommending full consideration of the attached ordinance calling for an August election on this vital issue and further recommends adoption of the same. ully submitted, X xt� Bratton of Planning Services Michael G. Miller City Manager KBM/MGM/rlf BILL NO. 2000-119 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 15 OF THE CITY CODE BY EXTENDING THE ONE-HALF OF ONE PERCENT TRANSPORTATION SALES TAX AND REESTABLISHING THE CITY TRANSPORTATION TRUST FUND, AND CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION WHETHER TO APPROVE THE SALES TAX EXTENSION; DESIGNATING THE TIME OF HOLDING THE ELECTION; AUTHORIZING AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE ELECTION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. An election is hereby ordered to be held in the City of Cape Girardeau, Missouri, on Tuesday, August 8, 2000, on the following question: QUESTION Shall the City of Cape Girardeau, Missouri impose a sales tax of one-half of one percent for transportation purposes, such transportation sales tax to terminate automatically in five years? ARTICLE 2. The form of the notice of election for the election, a copy of which is hereby attached and made part hereof, is hereby approved. ARTICLE 3. The City Clerk is hereby authorized and directed to notify the County Clerk of Cape Girardeau County, Missouri, of the passage of this ordinance no later than 5:00 o'clock P.M. on May 30, 2000, and to include in the notification all of the terms and provisions required by the Comprehensive Election Act, Chapter 115, Missouri Revised Statutes, as amended. ARTICLE 4. Chapter 15, Article XVI, Sections 15-461 through 15- 465 of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: ARTICLE XVI. TRANSPORTATION SALES TAX Sec. 15-461. Imposition; rules; regulations. There is hereby imposed upon all sellers a tax for the privilege of engaging in the business of selling taxable personal property or rendering taxable services at retail to the extent and in the manner provided in Revised Statutes of Missouri 144.010 through 144.510, inclusive, and the rules and regulations of the director of revenue issued pursuant thereto at the rate of one- half (1/2) of one (1) percent on all retail sales made in the city which are subject to taxation under the provisions of RSMo 144.010 through 144.510 inclusive. This tax is imposed pursuant to RSMo 94.700 et seq. and to the extent provided in RSMo 144.010 through 144.510, inclusive, and the rules and regulations of the director of revenue issued pursuant thereto. Sec. 15-462. Purpose. The tax imposed by this article is for the limited purpose of funding capital improvements for transportation purposes, specifically the construction, reconstruction, repair and maintenance of streets, roads and bridges; the acquisition of lands and rights-of-way for streets, roads and bridges; and planning and feasibility studies for streets, roads and bridges and may include the retirement of debt under previously authorized bonded indebtedness for such limited purposes, all within the City of Cape Girardeau, Missouri. This tax shall be in addition to any and all other sales taxes allowed by law. Sec. 15-463. Trust fund. There is hereby established a city transportation trust fund. All monies received by the city from the transportation sales tax imposed by this article shall be deposited by the finance director to the credit of this fund and used solely for transportation purposes in accordance with state statutes. In addition to the proceeds from the transportation sales tax, other revenues to be deposited to the credit of this fund shall include: (1) Such portion of the city's share of motor fuel tax as may be appropriated to this fund annually by the city council. (2) Any grants received from the State of Missouri or the federal government for projects funded by the city transportation trust fund as permitted by state and federal law. (3) All receipts derived as a result of special tax bill assessments collected on projects funded from the city transportation trust fund. (4) A full accounting of the value of all in-kind contributions for right-of-way donated to the city for streets, roads and bridges for projects to be financed from the city transportation trust fund. The finance director of the city shall submit to the city council a semi-annual report showing all activity in the trust account relating to receipts and disbursements and shall provide such other information as the city council may require. Sec. 15-464. When effective; duration. The tax authorized by this article shall become effective on the first day of January, 1996, and such tax shall continue for a period of five (5) years from its date of inception and thereafter shall automatically terminate unless extended or renewed in accordance with law. Sec. 15-465. Condition precedent; use of proceeds. This article shall become effective only in the event that the voters of the City of Cape Girardeau, Missouri, approve the transportation sales tax in accordance with state law at a duly called election set for August 8, 1995; and if the voters of the city approve this tax, the funds derived from the imposition of this tax shall be used solely for transportation purposes as set out in section 15-462. is hereby repealed in its entirety, and a new Chapter 15, Article XVI, Sections 15-461 through 15-465 is hereby enacted in lieu, in words and figures, to read as follows: ARTICLE XVI. TRANSPORTATION SALES TAX Sec. 15-461. Imposition; rules; regulations. There is hereby imposed upon all sellers a tax for the privilege of engaging in the business of selling taxable personal property or rendering taxable services at retail to the extent and in the manner provided in Revised Statutes of Missouri 144.010 through 144.510, inclusive, and the rules and regulations of the director of revenue issued pursuant thereto at the rate of one- half (1/2) of one (1) percent on all retail sales made in the city which are subject to taxation under the provisions of RSMo 144.010 through 144.510 inclusive. This tax is imposed pursuant to RSMo 94.700 et seq. and to the extent provided in RSMo 144.010 through 144.510, inclusive, and the rules and regulations of the director of revenue issued pursuant thereto. Sec. 15-462. Purpose. The tax imposed by this article is for the limited purpose of funding capital improvements for transportation purposes, including the construction, reconstruction, repair and maintenance of streets, roads and bridges; the acquisition of lands and rights-of-way for streets, roads and bridges; and planning and feasibility studies for streets, roads and bridges and �l may include the retirement of debt under previously authorized bonded indebtedness for such limited purposes, all within the City of Cape Girardeau, Missouri. This tax shall be in addition to any and all other sales taxes allowed by law. Sec. 15-463. Trust fund. There is hereby established a city transportation trust fund. All monies received by the city from the transportation sales tax imposed by this article shall be deposited by the finance director to the credit of this fund and used solely for transportation purposes in accordance with state statutes. In addition to the proceeds from the transportation sales tax, other revenues to be deposited to the credit of this fund shall include: (1) Such portion of the city's share of motor fuel tax as may be appropriated to this fund annually by the city council. (2) Any grants received from the State of Missouri or the federal government for projects funded by the city transportation trust fund as permitted by state and federal law. (3) All receipts derived as a result of special tax bill assessments collected on projects funded from the city transportation trust fund. (4) A full accounting of the value of all in-kind contributions for right-of-way donated to the city for streets, roads and bridges for projects to be financed from the city transportation trust fund. The finance director of the city shall submit to the city council a semi-annual report showing all activity in the trust account relating to receipts and disbursements and shall provide such other information as the city council may require. Sec. 15-464. When effective; duration. The tax authorized by this article shall become effective on the first day of January, 2001, and such tax shall continue for a period of five (5) years from its date of inception and thereafter shall automatically terminate unless extended or renewed in accordance with law. n Sec. 15-465. Use of proceeds. The funds derived from the imposition of this tax shall be used solely for transportation purposes as set out in section 15-462. ARTICLE 5. The amendments contained in Article 4 hereof shall become effective as provided by law on January 1, 2001, upon approval by a majority of the votes cast on the Question set out in Article 1 hereinabove by the qualified voters of the City voting thereon. ARTICLE 6. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF ATTEST: Gayle L. Conrad City Clerk , 20 . A. M. Spradling, III, Mayor NOTICE OF ELECTION CITY OF CAPE GIRARDEAU, MISSOURI Notice is hereby given to the qualified voters of the City of Cape Girardeau, Missouri, that the City Council of the City has called an election to be held in the City on August 8, 2000, commencing at 6:00 o'clock A.M. and closing at 7:00 o'clock P.M. on the question contained in the following sample ballot: OFFICIAL BALLOT ELECTION CITY OF CAPE GIRARDEAU, MISSOURI AUGUST 8, 2000 QUESTION Shall the City of Cape Girardeau, Missouri impose a sales tax of one-half of one percent for transportation purposes, such transportation sales tax to terminate automatically in five years? ❑ YES ❑ NO If you are in favor of the question, place an "X" in the box opposite "YES". If you are opposed to the question, place an "X" in the box opposite "NO". The election will be held at the following places in the City: PRECINCT POLLING PLACES 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Dated this day of , 2000. Rodney Miller, Clerk of the County Commission r) lil Yll ORDINANCES W lil A CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Council Letter No. 172 Agenda May 15, 2000 Subject: Ordinance Amending Schedule C of Section 26-121 of the City Code, by Placing A Stop Sign on Mt. Auburn Road, in the City of Cape Girardeau, Missouri Both the Mt. Auburn Road expansion project and Bloomfield Road Improvement are nearing completion. With completion of paving on Mt. Auburn Road, traffic has already begun to use this street. With the volume of traffic using Bloomfield Road and the new traffic on Mt. Auburn Road, it is advisable to place a stop sign at this intersection to aid in the safety of this intersection. It is requested that first reading consideration be given to an Ordinance amending Schedule C of Section 26-121 of the City Code by placing stop signs at the following locations: MAL/MGM/dc On Mt. Auburn Road at its intersection with Bloomfield Road on the southeast corner facing south Respectfully submitted, Per. MarkA. Lester, P.E. City G. Miller w i t i 1 -1 D C C Z EXISTING STOP SIG dO1S BLOOMFIELD RD. BLOOMFIELD RD. ROPOSED STOP SIGN STOP D Q✓ Z m Q I• - r) BILL NO. 2000-125 r) W n ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY PLACING A STOP SIGN ON MT. AUBURN ROAD AT BLOOMFIELD ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Schedule C of Section 26-121 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by placing a stop sign in the City of Cape Girardeau, Missouri, at the following location: On Mt. Auburn Road at Bloomfield Road, Southeast corner facing South. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF ATTEST: Gayle L. Conrad City Clerk A. M. Spradling, III, Mayor , 2000. CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 173 Agenda May 15, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Record Plat of DKR 7th Subdivision This Council agenda item provides for consideration of the record plat of DKR 6`h Subdivision. This is a two (2) lot subdivision which is located on South Broadview Street, between Golden Street and Bloomfield Road. This subdivision is being platted by DKR Properties, L.L.C. and can be used for commercial development. The subdivision plat was approved by the Planning and Zoning Commission at their meeting on May 10, 2000. The vote to approve the plat was 10 in favor with no opposition. There were no citizens present in opposition to this development. It is recommended that the City Council give first reading consideration to the attached ordinance accepting this record plat. KBM/WLD/rlf [i] Respectfully submitted, ient M. Bratton Director of Planning Services Walter L. Denton Assistant City Manager I uav u1u. .v CAPE GIRARDEAU,, MISSOURI I NORTH ORIENTATION IS TAKE RECORD PLAT OF DKR FOURTH GRAPHIC SC n 50 10 =22.L. =40.71's " (IN T ) 91 13 I Inch - 60 II X186.61' \ ' L,1 14 _114Dp°' \ S0. 13 D S ----_ V>o ETI3 v 1 I I ACK L1 — tS�O °°. '✓ �_ 1 f♦ I / r Type/ 1 1 \ O h s 1 / /10' UTILITY ESMT. 9\ ?J 1t° I / h ALONG ALL RIGHT \ LOT 2 // OF WAY (TYP.) °' F 122,052 SF a �` 13 \�1 1 2.80 ACRES 16.44' R=22.00' EX. SANITARY I� L=20.67' \\ SEWER ESMTS. �� 0.I rl \ 10' UTILITY ESMT. (TYP) I LOT 1 1 I ,l1.00 ACRES ^' coQ H / " FORIWE'- LY L.Dr NO. Or ' ,�i • \ I I DKR 41-1-iSI IDDn L;ICr; �?zs': m Z n \ IaD /45.04•' O \ —L v v / 59;44- E/ 51326 ' 10' UTILITY ESS1r.� _ _ _ — _ !; s \ 10' UTILITY ESMT. ALONG — _ y Y �/T i ^ ) `� !� \ALL RIGHT OF WAY (TYPICAL) �'Z—r/{_/ / / / / FORMERLY LOT NO. .3 Or DKR aTH SUBDIIA'SION " l i //z', I � b c I w1:� I'j / t, EXISTIN ^ D ESMT. At '244 1 IJ UTIL] R=107.49 L=19.09 �/ !% /o� 1 co u! CHORD: N38'21'55"W, 19. '/4i u.4oit h^ I N43'27'05"W \ ,';'��-x��� ��'V Q1 7.29' Ir�\, D K R 7 LOOD CERTIACATION THIS IS TO CERTIFY THAT I HAVE EXAMINED THE F.E.M.A. FLOOD PLAIN MAPS ON FILE IN THE aTY ENCIRFFR•S OFFICE IN THE CITY OF CAPE GIRARDEAU. MISSOURI AND HAVE FOUND THAT PART OF THE HEREON DESCRIBED TRACT IS WITHIN THE FLOOD PLAIN AS INDICATED ON MAP COMMUNITY PANEL NO. 290458 0007 8. MATH AN EFFECTIVE DATE OF NOVEMBER 8. 1980. POINT OF J� BEGINNING S41 *59'56"W 17.43' 10' UTILITY ESMT. ALONG ALL RIGHT OF WAY (TYP) S75'00'21 "W 13.24' N48'00'04"W 29.96' tS TAKEN FRObf =r PERFORMED By .4 AUG. 4, '994. D GERLACrl. ,04- 134 )PER :RTIES LLC ANN DRIVE AU, MISSOURI DIRECTION - CHORD _ENGrh / POINT 01' H6CLNA7:NC: the unders.- .Northwest Corner of Lot No. 1 of CAPE C / DKR First Subdivision note C„r._ C c�A1wn/- �A C6 `1 �DR_IV - —9 �T •13' E 3 50_ RAW l _ 3b6 48_22 • ��:— GO U - - 2 r3•N - . r 0 3 ti � •.I (:) d. ; e Llesl N7g3g•20 w �� ol� ne 11 18p.Op• \-�rp N - W -a/.b Lot pKR No. t o rr S Seco>r� 7971-13.E g ,; of _ r<bdtvuioh 1 p O 125 pp• :. . W ` — tV \< �O: s LolO Q No. , OKR 71hir of T N Q I ' Svbdiv on \ _ �r 0,7 c m' li 12 il, o r.; c rcc �E.r< `eel:._ 1gp 6-0 LOT 2 S79•271.300 SO. FT 3920.E 6.23 ACRES e.ss.; e,e... :NT DEDICATION INDICATED HEREON )F BLOOMFIELD ROAD RESERVED SOLEY FOR ROPERTIES LLC, THEIR D ASSIGNS. SIZES Cb S LOT 1 �- t 21 40.065SO. '60 v \ / 0.92 ACRES r 0 • r ?22.49•CrQ.. Dk R Subdwta AREA = 11.70 ACRES = 40,065 SCS. FT. PI IPVFYlNrl qyAxpr )f .4 WA U) W w x a� H y O N X C N N ~ CU w C N N 0 O_0 Ocu .y N (A -0 d c 0) N cu N O O U a C. 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C C < f�`0 g DR. s Voo HENR a: LA 10 \ £ i �YN� Coo— a o E 3L GOLDEN '_T ST. g t \' l OLWNCC St. plp�_,.R,N\p Y.N ST. _ HERMAN ST. 3 JEfEER$gF vii S�" Cs s ST. Q o / 'P+ `mp ✓X _ 7 ci ��� 3 BRINKsT. C° �rE I 2 WALNUT ST ST. 1A ¢ Subject zzf = I WAY e, oa �a op A m z 3 \ W Pr ems' 4/ „ kt o F\C $ u AUiOPARK OR. LN. AR Q �\zv �''SHAWNEE KSQer _ 1 Pi `� J TIMMAR W N0. TA \ "CKORY ST. ,� cq-I COMPLEX / s` La' LN. \ OP 1 N UN; �g U C�V`µu O g �' RUST NIC,, PIMEERElDR BREND INDU TRIAL DR. S.1 A � RVSMAR ST KAY Ci m vo' a � 0.Op0 w P RMSTRONG DR EXIT _ a AANCH N O. 95 ' ♦-�" GERHAADTx %' ST .(�, - CXPRESSWAY SiMEBRIDGC I Y'G _ SN CPN _ (n CORPCNATE PINE POPUR \ / DOPER � � N 1 J, l S y p J l / a 59 BILL NO. 2000-126 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF DKR 7TH SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of DKR 7th Subdivision, Lot No. 3 of DKR Fourth Subdivision, City and County of Cape Girardeau, Missouri, submitted by DKR Properties, LLC by G. Keith Deimund, Member, bearing the certification of Wayne Koehler, a Registered Land Surveyor, dated April 19, 2000, 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 ATTEST: Gayle L. Conrad City Clerk A. M. Spradling, III, Mayor 20-- A. 0 . 5� RESOLUTIONS CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 174 Agenda May 15, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members Subject: Taxi -Coupon Program Grant Application. This agenda item calls for the holding of an advertised public hearing on the filing of an application for funding under Section 5311 of Title 49, United States Code, to assist in financing the City's taxi -coupon program. Additionally, following the public hearing the Council will need to adopt the attached resolution authorizing the City Manager to file the application with the Missouri Highway and Transportation Department for funds for the fiscal year beginning July 1, 2000. The amount to be requested for 2000 - 2001 grant is $170,920. The City must match any grant funding on a dollar for dollar basis. This amount is currently included in the City's proposed 2000 - 2001 budget. It is recommended that the Council hold the advertised public hearing and adopt the attached resolution which will authorize the City Manager to submit said application. Respectfully submitted, I John R. Richbourg Z ce Direct Walter L. Denton Acting City Manager WLD:gc BILL NO. 2000-124 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION WITH THE MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT FOR FUNDS TO AID IN THE FINANCING OF A PUBLIC TRANSPORTATION SYSTEM WHEREAS, the Missouri Department of Transportation is authorized to make operating assistance grants for general public transportation projects; and, WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; and, WHEREAS, it is the goal of the applicant to provide the best transit system that can be provided with the money available. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: 1. That the City Manager is authorized to execute and file a capital and/or operating application for operating assistance on behalf of the City of Cape Girardeau, Missouri, a Municipal Corporation, with the Missouri Department of Transportation to aid in the financing of a public transportation system. 2. That the City Manager is authorized to furnish such additional information as the Missouri Department of Transportation may require in connection with the application or the project. PASSED AND ADOPTED THIS DAY OF ATTEST: Gayle L. Conrad City Clerk n , 20-- A. 0 . A. M. Spradling, III, Mayor CITY OF CAPE GIRARDEAU Office of the City Manager 5� Council Letter No 175 Agenda May 15, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Resolution Authorizing the City Manager to Execute a Subordination Agreement for a Second Deed of Trust Attached hereto please find a resolution authorizing the City Manager to execute a Subordination Agreement for a second deed of trust on properties owned by Charles and Costella Patterson located at 907 North Middle Street and 514 Olive Street. Mr. and Mrs. Patterson recently financed the loan on their property which made the City's grant agreement the first lien on the property. In order for the financial institution to have first lien on the property, this agreement needs to be executed. The staff recommends adoption of the attached resolution authorizing the City Manager to execute the agreement. Respectfully submitted, ent M. fDirector oning Services Michael G. M City Manager KBM/MGM/clb F&I BILL NO. 2000-127 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBORDINATION AGREEMENT FOR A SECOND DEED OF TRUST FOR PROPERTY OWNED BY CHARLES A. PATTERSON AND COSTELLA E. PATTERSON AT 907 NORTH MIDDLE STREET AND 514 OLIVE STREET 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 Subordination Agreement for a second deed of trust for property located at 907 North Middle Street and owned by Charles A. Patterson and Costella E. Patterson. A copy of said Agreement is attached to this Resolution and made a part hereof. ARTICLE 2. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Subordination Agreement for a second deed of trust for property located at 514 Olive Street and owned by Charles A. Patterson and Costella E. Patterson. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF ATTEST: Gayle L. Conrad, City Clerk n A. M. Spradling, III, Mayor 20-- A. . SUBORDINATION AGREEMENT ALL OF THE EAST 100 FEET OF THE SOUTH 90 FEET OF LOT ONE HUNDRED FIFTEEN (115) OF RANGE "T' IN INGRAM'S ADDITION TO THE CITY OF CAPE GIRARDEAU, MISSOURI. THIS AGREEMENT shall be binding upon the Parties of the First Part, its successors and assigns, and shall insure to the benefit of Union Planters Bank, National Association, Its Successors and/or Assigns. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. City of Cape Girardeau,Missouri By: Trustee ATTEST THIS SUBORDINATION AGREEMENT is made this 10TH day of May, 2000 as follows: 1992, Charles Patterson, Jr. WHEREAS, on the 6th day of November, and Costella Patterson, Husband and Wife, executed a Deed of Trust to Stephen S. Williams and Warren L. Wells Trustees for City of Cape Girardeau, Missouri, a Municipal Corporation securing one note of even date in the original principal amount of $7,500.00 and recorded in Book 609 at Page 805 of the land records of Cape Girardeau County, Missouri, and WHEREAS, Charles Patterson, Jr. and Costella Patterson, Husband and Wife, have applied to Union Planters Bank, National Association, Its Successors and/or Assigns for a loan in the amount of Twenty -Three Thousand Dollars ($23,000.00) to be secured by certain real estate to which the Second Deed of Trust affects, and WHEREAS, said Union Planters Bank, National Association, Its Successors and/or Assigns is unwilling to make said loan unless it is secured by a first lien upon the real estate hereinafter described, and WHEREAS, to induce Union Planters Bank, National Association, Its Successors and/or Assigns to make said loan, said Stephen S. Williams and Warren L. Wells Trustees for City of Cape Girardeau, Missouri, is willing to subordinate the lien of its aforesaid Deed of Trust on the following described real estate to the Deed of Trust to be given to said Union Planters Bank, National Association, Its Successors and/or Assigns to secure said loan; NOW, THEREFORE, in consideration of the premises and to induce Union Planters Bank, National Association, Its Successors and/or Assigns to make a loan of Twenty-three Thousand Dollars ($23,000.00) to Charles Patterson, Jr. and Costella Patterson, Husband and Wife, the said Stephen S. Williams and Warren L. Wells Trustees for City of Cape Girardeau, Missouri, does hereby consent and agree that the lien of said Deed of Trust held by it, and recorded in Book 609 at page 805 of the land records of Cape Girardeau County, Missouri, shall be junior, subordinate and subject to the lien of the Deed of Trust on the following described real estate, to be given to Union Planters Bank, National Association, Its Successors and/or Assigns to secure said loan of Twenty-three Thousand Dollars ($23,000.00), but in all other respects said lien held by City of Cape Girardeau, a Municipal Corporation, shall remain and continue to be a valid encumbrance on the property described in said Second Deed of Trust, situated in the County of Cape Girardeau, State of Missouri, to wit: ALL OF THE EAST 100 FEET OF THE SOUTH 90 FEET OF LOT ONE HUNDRED FIFTEEN (115) OF RANGE "T' IN INGRAM'S ADDITION TO THE CITY OF CAPE GIRARDEAU, MISSOURI. THIS AGREEMENT shall be binding upon the Parties of the First Part, its successors and assigns, and shall insure to the benefit of Union Planters Bank, National Association, Its Successors and/or Assigns. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. City of Cape Girardeau,Missouri By: Trustee ATTEST STATE OF MISSOURI ) )ss COUNTY OF CAPE GIRARDEAU ) On this loth day of May, 2000, before me a Notary Public appeared , to me personally known, who, being by me duly sworn, did say that he is the Trustee of City of Cape Girardeau, a municipal corporation, of the State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors and he acknowledged said instrument to be the free act and deed of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at in Cape Girardeau the day and year first above written. NOTARY PUBLIC My commission expires: V SUBORDINATION AGREEMENT ALL OF THE EAST 100 FEET OF THE SOUTH 90 FEET OF LOT ONE HUNDRED FIFTEEN (115) OF RANGE -Q" IN INGRAM'S ADDITION TO THE CITY OF CAPE GIRARDEAU, MISSOURI. THIS AGREEMENT shall be binding upon the Parties of the First Part, its successors and assigns, and shall insure to the benefit of Union Planters Bank, National Association, Its Successors and/or Assigns. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. City of Cape Girardeau,Missouri By: Trustee ATTEST THIS SUBORDINATION AGREEMENT is made this 10TH day of May, 2000 as follows: 1992, Charles Patterson, Jr. WHEREAS, on the 13th day of October, and Costella Patterson, Husband and Wife, executed a Deed of Trust to Stephen S. Williams and Warren L. Wells Trustees for City of Cape Girardeau, Missouri, a Municipal Corporation securing one note of even date in the original principal amount of $8,500.00 and recorded in Book 603 at Page 438 of the land records of Cape Girardeau County, Missouri, and WHEREAS, Charles Patterson, Jr. and Costella Patterson, Husband and Wife, have applied to Union Planters Bank, National Association, Its Successors and/or Assigns for a loan in the amount of Twenty -Three Thousand Dollars ($23,000.00) to be secured by certain real estate to which the Second Deed of Trust affects, and WHEREAS, said Union Planters Bank, National Association, Its Successors and/or Assigns is unwilling to make said loan unless it is secured by a first lien upon the real estate hereinafter described, and WHEREAS, to induce Union Planters Bank, National Association, Its Successors and/or Assigns to make said loan, said Stephen S. Williams and Warren L. Wells Trustees for City of Cape Girardeau, Missouri, is willing to subordinate the lien of its aforesaid Deed of Trust on the following described real estate to the Deed of Trust to be given to said Union Planters Bank, National Association, Its Successors and/or Assigns to secure said loan; NOW, THEREFORE, in consideration of the premises and to induce Union Planters Bank, National Association, Its Successors and/or Assigns to make a loan of Twenty-three Thousand Dollars ($23,000.00) to Charles Patterson, Jr. and Costella Patterson, Husband and Wife, the said Stephen S. Williams and Warren L. Wells Trustees for City of Cape Girardeau, Missouri, does hereby consent and agree that the lien of said Deed of Trust held by it, and recorded in Book 603 at page 438 of the land records of Cape Girardeau County, Missouri, shall be junior, subordinate and subject to the lien of the Deed of Trust on the following described real estate, to be given to Union Planters Bank, National Association, Its Successors and/or Assigns to secure said loan of Twenty-three Thousand Dollars ($23,000.00), but in all other respects said lien held by City of Cape Girardeau, a Municipal Corporation, shall remain and continue to be a valid encumbrance on the property described in said Second Deed of Trust, situated in the County of Cape Girardeau, State of Missouri, to wit: ALL OF THE EAST 100 FEET OF THE SOUTH 90 FEET OF LOT ONE HUNDRED FIFTEEN (115) OF RANGE -Q" IN INGRAM'S ADDITION TO THE CITY OF CAPE GIRARDEAU, MISSOURI. THIS AGREEMENT shall be binding upon the Parties of the First Part, its successors and assigns, and shall insure to the benefit of Union Planters Bank, National Association, Its Successors and/or Assigns. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. City of Cape Girardeau,Missouri By: Trustee ATTEST STATE OF MISSOURI ) )ss COUNTY OF CAPE GIRARDEAU ) On this loth day of May, 2000, before me a Notary Public appeared to me personally known, who, being by me duly sworn, did say that he is the Trustee of City of Cape Girardeau, a municipal corporation, of the State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors and he acknowledged said instrument to be the free act and deed of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at in Cape Girardeau the day and year first above written. NOTARY PUBLIC My commission expires: M 50 APPOINTMENTS lil CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 176 Agenda May 15, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Appointment to Board of Appeals Dear Mayor and Council Members: Mr. David Pfeiffer's term on the Board of Appeals is set to expire June 4, 2000. Mr. Pfeiffer has expressed an interest in being reappointed to the board, and his advisory board summary sheet is attached. In addition, Mr. Bruce Hacker has submitted his resignation from the Board. He was serving a term set to expire June 4, 2002. There is also one alternate member position open for a term expiring June 4, 2004. Section 121.1.1 of the 1993 BOCA Code (as amended by the city) stipulates that the Board shall consist of seven individuals, not more than two from each of the following professions: (1) registered architect, or builder or superintendent of building construction with 10 years experience; (2) registered design fessional with structural engineering or architectural experience; (3) registered design professional with firoechanical or plumbing engineering experience, or mechanical or plumbing contractor with 10 years experience; (4) registered design professional with electrical engineering experience or an electrical contractor with 10 years experience; (5) registered design professional with fire protection engineering experience or a fire protection contractor with 10 years experience. Mr. Paul Grebe has submitted his application to serve on this board and a copy is attached for your review. A copy of the board roster as well as the attendance record are also attached for your information. It is recommended that one appointment be made to the Board of Appeals for a term expiring June 4, 2005, and one for a term expiring June 4, 2002. As soon as additional applications are received, the appointment of an alternate member will be presented to the Council. If you need any further information, please let us know. Respectfully submitted, zManager CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees April 17, 2000 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only two consecutive terms effective with terms commencing January 8, 1996. Board of Appeals Serve five year terms, appointed by Council. Of the seven members, no more than two from each of the following professions: (1) Registered design professional that is a registered architect; or a builder or superintendent of building construction with at least 10 years experience 5 of which shall have been in responsible charge of work; (2) Registered design professional with structural engineering or architectural experience; (3) Registered design professional with mechanical or plumbing engineering experience; or a mechanical or plumbing contractor with 10 years experience 5 of which shall have bene in responsible charge of work; (4) Registered design professional with electrical engineering experience; or an electrical contractor with at least 10 years experience 5 of which shall have been in responsible charge of work; (5) registered design professional with fire protection engineering experience; or a fire protection contractor with at least ten years experience 5 of which shall have been in responsible charge of work. Meetings held second Thursday at 7:00 p.m. in Council Chambers. Staff contact - Inspection Services Director. (Brenda) Date Appointed Date Reappointed Term Expires David C. Pfeiffer (structural engineer) June, 1990 July 11, 1995 June 4, 2000 Farris Nabors (contractor/electrician) December, 1995 December 4, 1995 September 4, 2000 Anton J. Sebek (architect) June, 1990 July I, 1996 June 4, 2001 Leonard Henson (engineer) July 7, 1997 --- June 4, 2002 Bruce Hacker (plumber) August 18, 1997 --- June 4, 2002 Thomas E. Phil llips(architect)(alternate) May 4, 1998 --- May 4, 2003 Ralph Maxton (electrical engineer) June, 1993 June 1, 1998 June 4, 2003 David R. Alberson (architect) July, 1993 May 17, 1999 June 4, 2004 vacant (alternate) June 4, 2004 Serve five year terms, appointed by Council. Of the seven members, no more than two from each of the following professions: (1) Registered design professional that is a registered architect; or a builder or superintendent of building construction with at least 10 years experience 5 of which shall have been in responsible charge of work; (2) Registered design professional with structural engineering or architectural experience; (3) Registered design professional with mechanical or plumbing engineering experience; or a mechanical or plumbing contractor with 10 years experience 5 of which shall have bene in responsible charge of work; (4) Registered design professional with electrical engineering experience; or an electrical contractor with at least 10 years experience 5 of which shall have been in responsible charge of work; (5) registered design professional with fire protection engineering experience; or a fire protection contractor with at least ten years experience 5 of which shall have been in responsible charge of work. Meetings held second Thursday at 7:00 p.m. in Council Chambers. Staff contact - Inspection Services Director. (Brenda) May 5, 2000 Farris Nabors, Chairman Board of Appeals, and Members of the City Council 401 Independence Street Cape Girardeau Missouri 63703 Sirs: Due to conflicts concerning my business contracts with the City, I must regretfully submit my resignation to the Board of Appeals. Thanking you for the opportunity to serve my community, Iam Sincerely yours, U� �� Bruce Hacker BH V 0 w I Q 0 W � � w ti W A 0-4� w A t Er ti id R. U W A O z H U O H P., W CA d d w ti o 4 A cq N � w A ti ti �./ FF lame CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY David C. Pfeiffer Street Address 435 Julie Dr. Year Current Residence in Cape Girardeau Began 1969 651-3511 Office Telephone 335-3470 Home Current Employer and Position Beaumont Structures, Inc. - Engineer Previous Employers and Positions Drury Company - Engineer In which Board(s) are you interested? Board of Appeals Special Qualifications for specific board(s) (include past board service) Five years on Board . of Appeals, Engineer, Construction Business. /�,ciucationalBack rg ound Graduate of University of Missouri- Rolla. Community Activities (Include offices held and committee service) Boy Scout Leader, Engineers Club- President M.S.P.E.- Board Member. Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly X Anytime B. Morning Noon Afternoon Evening X Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. • ,�n Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name �Q �` �� r Telephone: Day j — _ 1'"( Home Address % ,,� ,�� Evening vJ Year Current Residence in Cape Girardeau Began ZQ�3 Current Employer and Position Previous Employers and Positions In which Board(s) are you interested? Special Qualifications for specific boards include past board service —vc",", V,-\ C lcmno Educational Background) itv Activities held and committee service) Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime B. Morning Noon Afternoon Evening L/ Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed Date - 6 a ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. :il 5� w LIQUOR LICENSES k, W M0 CITY OF CAPEGiRARDEAU 401 INDEPENDENCE \ ^v PO BOX 617 g9 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-18-00 Current License No.: #4o66-221 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from R & V ENTERPRISES, INC. d/b/a PAGLIAI 1 S PIZZA & PASTPlocated at 1129 BROADWAY for a 3.2% NON -INTOXICATING BEER BY THE DRINK license. Please complete inspection and return to the Finance Department. Referred to Police Department 4-18-00 Date Referred to City Inspector 4-18-00 Date Notice (sign) given to Applicant N/A for Council Meeting j-1 ,,-n.0 Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER S 7,Uo The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER MO CITY OFCAPE IRARDEA ,4,V 9 _ 401 INDEPENDENCE h P O BOX 617 \ ( a CAPE GIRARDEAU MO 63702 �t PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-18-00 Current License No.: #4066-221 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from R & V ENTERPRISES INC. d/b/a PAGLIAI' S PIZZA & PASTnocated at 1129 BROADWAY fora 3.2% NON -INTOXICATING BEER BY THE DRINK Please complete inspection and return to the Finance Department. Referred to Police Department 4-18-00 Date Referred to City Inspector 4-18-00 Date license. Notice (sign) given to Applicant N/A for Council Meeting 5-j ,_00 Date Date APPROVED DISAPPROVED DATE COMMENTS POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. V DATE CITY MANAGER `s MO CITY OF CAPEGIRARDEAU �•`a �__ V 401 INDEPENDENCE U �v PO BOX 617 �gg" CAPE GIRARDEAU MO 63702 PN: 573-334-1332 FAX: 573-335-7946 7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant R & V ENTERPRISES INC d/b/a pAGLIAT w S pT7.7.A ry PASTA Managing Officer RONALD F. BOHNERT Business Address 1129 BROADWAY Type of Liquor License 3.2% NON—INTOXICATING BEER BY THE DRINK Type of license in last 6 months SAME r) Approval of pp icant by Police Drt t: Date Signature Inspection Personnel: Zoning Classification The applicant ( no required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant {mss, as n posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is,s no) within 200 feet of a church or school building. This structure 0 is not) zoned correctly as required under Chapter 0 of the City Code of Ordinances. ( Date 1 - zV - CJO Signature This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITYREPORT NAME OF BUSINESS: Pagliaps Pizza & Pasta BUSINESS ADDRESS: 1129 Broadway MANAGING OFFICER: Mr. Ronald F. Bohnert SUMMARY OFACTIVITIES EFFECTING THE ESTABLISHMENT. There is no criminal record on file for Ms. Bohnert and there were no incidents at the above location that required police intervention following their last approval date. CHIEF OF POLICE V L—EONARD ' i / /,/)- DATE OF REPORT CCPD Form #112 j i t4) CITY OF CAPEGIRARDEAU 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-26-00 Current License No.: #4056-212 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from . _ TOMMY L. SANDER d/b/a- SANDBOX LOUNGE located t 16 11 TNDEpENpEN= for a RETAIL LIQUOR BY THE DRINK license. Please complete inspection and return to the Finance Department. Referred to Police Department 4-26-00 Date Referred to City Inspector 4-26-00 Date Notice (sign) given to Applicant N/A for Council Meeting 9-15-0o Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. I"ZTi� CITY MANAGER Crry OF CAPEGiMRDEAU 401 INDEPENDENCE tS CPO BOX 617 CAPE GIRARDEAU MO 63702 itc�8 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL Date of Submitted: 4-26-00 CHANGE IN MANAGING OFFICER Current License No.: #4056-212 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from T(MY L. SANDER d/b/a SADD131x LOUNGE located at 1X11 rn nF.P.,,>r,ENM for a RETAIL LIQUOR BY THE DRINK license. Please complete inspection and return to the Finance Department. Referred to Police Department 4-26-00 Date Referred to City Inspector 4-26-00 Date Notice (sign) given to Applicant N/A for Council Meeting 5-15-00 Date Date APPROVED DISAPPROVED DATE COMMENTS POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECT R WN The Police Dep ent and City Inspectors have completed their assigned review, with comments ?^ noted above. The license is hereby authorized to be issued. V DATE CITY MANAGER 59 n M0 CITY OF CAPEGIRARDEAU V 401 INDEPENDENCE v— P 0 BOX 617 CC gg CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant TCMW L. SANDER Managing Officer TQ1IY L. SANDER Business Address 1611 Type of Liquor License RETAIL LIQUOR BY THE DRINK Type of license in last 6 months SAME Approval o 7Ap licant by Polic a ent, Date �� 6-0Signature Inspection Personnel: Zoning Classification The applicant%€,(is n ) required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant (, as t) posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, i(no within 200 feet of a church or school building. This structureis is not) zoned correctly as req d under C of Ordinances. �^^� Date L( " 0j- Signature. 30 ok1he City Code This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITY REPORT NAME OFBUSINESS: Sandbox Lounge BUSINESS ADDRESS. 1611 Independence MANAGING OFFICER: Mr. Tommy L. Sander SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT. There is no criminal record on file for Mr. Sander and no reports of incidents at the above location that required police intervention following their last approval date. CHIEF OF POLICE DATE OF REPORT CCPD Form #112 n Mo CITY OF CAPEGIRARDEAU 401 INDEPENDENCE P O BOX 617 \ — ` �q CAPE GIRARDEAU MO 63702 PH573-334-1332 FAX: 573 335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-21-00 Current License No.: NEw u»vFwAL TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from DON HARRIS 17 SI d/b/a S located at d&1 INDEPENDENCE for a RETAIL LIQUOR BY THE DRINK AND SUNDAY SALES license. Please complete inspection and return to the Finance Department. Referred to Police Department 4-21-00 Date 4-21-00 Referred to City Inspector Date Notice (sign) given to Applicant N/A Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED for Council Meeting 5-15-00 Date DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. CITY MANAGER Mo CITY OF CAPEGiRARDEAU 401 INDEPENDENCE y P O BOX 617 \ CAPE GIRARDEAU MO 63702 �t C PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFELCER Date of Submitted: 4-21-00 Current License o.: NFw RENEWAr z TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from Dm HARRIS d/b/a SHOW-ME'S 17SI located at "7s- IrIDEP>WENCE for a RETAIL LIQUOR BY THE DRTNK AND CURMAv crrvc Please complete inspection and return to the Finance Department. Referred to Police Department 4-21-00 Date Referred to City Inspector4-21-00_ Notice (sign) given to Applicant POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR Date N/A Date APPROVED license. for Council Meeting 5-15-00 Date DISAPPROVED DATE COMMENTS 0 The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. 1 DATE CITY MANAGER V io IMO CITY OF CAPEGIRARDEAU V ~ _ 401 INDEPENDENCE U —y PO BOX 617 40, CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant DON HARRIS Managing Officer DONALD E. HARRIS Business Address 1751 INDEPENDENCE d/b/a SHOW—MF:' S Type of Liquor License RETAIL LIQUOR BY THE DRINK AND SIMAY SATES Type of license in last 6 months Approval oM&pp nt byPolice D a t:Date Signature Inspection Personnel: Zoning Classification 0 - � The applicant W, ,s —Do) required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant (fix, as n t) posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, (jn ) within 200 feet of a church or school building. This structure @ is not) zoned correctly as required under Chapter 0 of the City Code of Ordinances. Date q - 2I -GG Signature This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITYREPORT NAME OF B USINESS: SHOW-ME'S BUSINESS ADDRESS: 1751Independence MANAGING OFFICER: Mr. Donald E. Harris SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT. There is no criminal record on file for Mr. Harris. There are no reports of incidents at the above location that required police intervention in my file following their approval date. V CHIEF OF POLICE LT. LEONARD D. RATL , DSN 7 DATE OF REPORT CGPD Form #112 ` W CITY OF CAPEGIRARDEAU 401 INDEPENDENCE P0BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-18-00 Current License No.: #4084-46 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from FONT KIM located at 1325 BROADWAY for a ORIGINAL PACKAGE LIQUOR AND SUNDAY SALES license. Please complete inspection and return to the Finance Department. Referred to Police Department Referred to City Inspector 4-18-00 Date 4-18-00 Date Notice (sign) given to Applicant___NIA for Council Meeting 5-15-n-0— Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER Mo CITY OF CAPEGiRARDEAU �_ _ 401 INDEPENDENCE �j \ h P O BOX 617 \ ` �9 CAPE GIRARDEAU MO 63702 APR 19 1 ,5t�a PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEWRENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-18-00 Current License No.: #4084-46 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from FONT KIDD d/b/a KIDDS. INC. located at 1325 BROADWAY for a ORIGINAL PACKS LIQUOR AND SUNDAY SALES license. Please complete inspection and return to the Finance Department. Referred to Police Department 4-18-00 Date Referred to City Inspector 4-18-00 Date Notice (sign) given to Applicant NSA for Council Meeting 5-15-00 Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED DISAPPROVED DATE COMMENTS mi The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER V r) MO CITY OF CAPEGIRARDEAU V` 401 INDEPENDENCE u \ A P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant FORREST KIDD Managing Officer •••54, IP Business Address 1325 BROADWAY Type of Liquor License d/b/a KIDDS, INC. ORIGINAL PACKAGE LIQUOR AND SUNDAY SALES Type of license in last 6 months SAME Approval o Ap licant by Policeart t: Date S� �� Signature Inspection Personnel: Zoning Classification C — The applicant ( is not required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicanta no posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, 0 Dwithin 200 feet of a church or school building This structure Q is not) zoned correctly as required under Chapter 30 f the City Code of Ordinances. % , If Date `t - �0 Signature This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITYREPORT NAME OF BUSINESS: Kidds, Inc. BUSINESS ADDRESS: 1325 Broadway MANAGING OFFICER: Mr. Ernestine Kidd SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT. There is no criminal record on file for Mr. Kidd The following is a listing of incidents at the above location that required police intervention following their last approval date: Stealing — 2 incidents Forgery — I incident Fraudulent use of credit devise — 2 incidents Warrant Service —1 incident DWI — I incident Animal Bite — I incident Robbery — I incident Fireworks sale — I incident CHIEF OF POLICE I WRINIXON"R1"'F/m"• / DATE OF REPORT CGPD Form #112 V 59 W Mo CITY OF CAPEGIRARDEAU 401 INDEPENDENCE \ �y POBOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-2S-00 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from C & R OIL, L.L.C. d/b/a—D-MART #6 located at 263 FARRAR DR_ fora ORIGINAL PACKAGE LIQUOR AND SUNDAY SALES license. Please complete inspection and return to the Finance Department. Referred to Police Department 4-25-00 Date Referred to City Inspector 4-25-00 Date Notice (sign) given to Applicant N/A for Council Meeting 5-15-00 Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. MW CITY MANAGER 5 The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. MW CITY MANAGER Mo CITY OF CAPEGIRARDEAU 401 INDEPENDENCE t� ^y 7PO BOX 617 \ ,�° CAPE GIRARDEAU MO 63702 AtA PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-25-00 Current License No.: b04 -14M WAI TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from C & R OIL, L.L.C. d/b/a D -MART #6 located at 263 FARRAR DR_ fora ORIGINAL PACKAGE LIQUOR AND SUNDAY SALES license. Please complete inspection and return to the Finance Department. Referred to Police Department 4-25-00 Date Referred to City Inspector 4-25-00 Date Notice (sign) given to Applicant N/A for Council Meeting 5-15-00 Date Date APPROVED DISAPPROVED DATE COMMENTS POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER Applicant CITY OF CAPEGIRARDEAU 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW C& ROIL, L.L.C. d/b/a D -MAIN #6 Managing Officer BRADLEY L. SMITH Business Address 263 FARRAR DR. Type of Liquor License ORIGINAL PACKAGE LIQUOR AND SUNDAY SALES Type of license in last 6 months SAME Approval of pp 'cant by Police a e Date � / 1 �11 Signature Inspection Personnel: Zoning Classification C - Z The applicant, s o required to post the notice required under Ordinance No. 376, Sec. 5-23-1. 9 The applicant (SDC, as no posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, ' ns� b within 200 feet of a church or school building. This structure ((Dis not) zoned correctly as required under Chapte 30 of the City Code of Ordinances. ( Date `� —2C "X Signature : 1 1 This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITYREPORT NAME OF B USINESS: D MART BUSINESS ADDRESS: 263 Farrar Drive MANAGING OFFICER: Mr. Bradley L. Smith SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT. There is no criminal history on file for Mr. Smith. The previous business at the above location had the following incidents occur from July 1999: Stealing — 27 incidents (gas) Robbery — 2 incidents Counterfeit —1 incident Unlawful Transaction with a child — I incident CHIEF OF POLICE IN / S _lp_d d DATE OF REPORT CCPD Form #111 V W n Mo CITY OF CAPEGIRARDEAU V 401 INDEPENDENCE P 0 BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-26-00 Current License No.:#4071 114 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from BI -STATE OIL CC). d/b/a BI-STATE/SOLT HERN, TOO located Y fora ORIGINAL PACKAGE LIQUOR AND SUNDAY SALES license. Please complete inspection and return to the Finance Department. Referred to Police Department. 4-26-00 Date Referred to City Inspector 4-26-00 Date Notice (sign) given to Applicant N/A for Council Meeting -1 r -n0 Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER MO CITY OF CAPEGiRARDEAU n 401 INDEPENDENCE P O BOX 617 \ CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-26-00 Current License No.: #4071-114 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from BI -STATE OIL QO. d/b/a BI-STATE/S0UnWM. Too located at 920 N_ KINGSHU29 AY for a ORIGINAL PACKAGE LIQUOR AND SUNDAY . AT.F:.S license. Please complete inspection and return to the Finance Department. l J Referred to Police Department 4-26-00 V Date Referred to City Inspector 4-26-00 Date Notice (sign) given to Applicant N/A for Council Meeting 5-15-00 Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments noted above. The license is hereby authorized to be issued. DATE CITY MANAGER M0 CITY OF CAPEGiRARDEAU V 401 INDEPENDENCE U — PO BOX 617 CAPE GIRARDEAU MO 63702 ,..0 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant BI—STATE OIL CO. Managing Officer ROBERT P. Business Address 920 N. KIN HIGHWAY Type of Liquor License ORIGINAL PACKAGE LIQUOR AND SUNDAY SALES Type of license in last 6 months SAME Approval of pp icant by Polic p t: Date �� � Signature Inspection Personnel: Zoning Classification C. The applicant (W(QD required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicantno posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is,is n ) within 200 feet of a church or school building. This structure a is not) zoned correctly as required under Chapter 30 of the City Code of Ordinances. Date Signature This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENTACTIVITYREPORT NAME OF BUSINESS. Bi -State Southern BUSINESS ADDRESS: 920 N. Kingshighway MANAGING OFFICER: Mr. Robert Paul Blank SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT. There is no criminal record on file for Mr. Blank The following is a listing of incidents at the above location that required police intervention from the last date of approval: Theft - 4 incidents Forgery - 3 incidents —Z CHIEF OP POLICE LEONARD D. RA DSN 7 DATE OF REPORT CCPD Form #112 CICG \ CITY OF CAPEGIRARDEAU 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL (CHA::N�GE�MAN�AGI�NGO�FFICER Date of Submitted: 4-27-00 Current License No.: 84 &: 85 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from " EMAYNE SEVERS d/b/a CAPE PIZZA, INC. & located at 715 S_ KINGS IGHMY & CAPE PIZZA N0.2, INC. 1703 BROADWAY fora 3.2% NON -INTOXICATING BEER BY THE DRTNR license. Please complete inspection and return to the Finance Department. Referred to Police Department 4-27-00 Date Referred to City Inspector Notice (sign) given to Applicant. POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR 4-27-00 Date N/A Date for Council Meeting 5-15-00 Date APPROVED DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER Ma CITY OF CAPEGIRARDEAU v-' 401 INDEPENDENCE ^v PO BOX 617 \ g9" CAPE GIRARDEAU MO 63702 i CG 1 __'0 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant MAYNE SEVERS Managing Officer DWAYNE SEVERS d/b/a CAPE PIZZA, INC. & CAPE PIZZA NO. 2, INC. Business Address 215 S. KINGSHIGHWAY & 1703 BROADWAY Type of Liquor License 3.2% NON—INTOXICATING BEER BY THE Type of license in last 6 months Approval f plicant by Police ent: Date it C; 1 -. Signature Inspection Personnel: Zoning Classification C - The applicant (am,(is n t) required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant (, qas no) posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is,(is n ) within 200 feet of a church or school building. This structure (is, is not) zoned correctly as required under Chapter of the City Code of Ordinances. Date Signature This liquor license was conditionally approved by the City Council at their meeting on V" CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITYREPORT NAME OFBUSINESS: Cape Pizza no 2, Inc. BUSINESS ADDRESS: 1703 Broadway MANAGING OFFICER: Mr. Dwayne Severs SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT. There is no criminal record on file for Mr. Severs. The following is a listing of incidents at the above location that required police intervention following their last approval date: Attempt Suicide — I incident Assault —1 incident Robbery — I incident Tampering — I incident. -W CHIEF OF POLICE i LEONA,, i D, TE OF REPORT CCPD Form #112 CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITYREPORT NAME OF BUSINESS: Cape Pizza, Inc. BUSINESS ADDRESS. 215S. Kingshighway MANAGING OFFICER: Mr. Dwayne Severs SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT: There is no criminal record on file for Mr. Severs. The following is a listing of incidents at the above location that required police intervention following their last approval date: Forgery — 2 incidents Stealing— 3 incidents Full order of Protection violation — I incident Fraudulent use of credit device —1 incident. CHIEF OF POLICE DATE OF REPORT CGPD Form #112 V r) W o CITY OF CAPEGIRARDEAU � 401 INDEPENDENCE P P O BOX 617 �9 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-26-00 Current License No.: #157 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from MAJOR BRANDS::. INC_ d/b/a MAJOR BRANDS - CAPE located at 839 S. KINGSHIGHKAY for a WHOLESALERS OF INTOXICATING LIQUOR -ALL KINDS license. Please complete inspection and return to the Finance Department. Referred to Police Department k26 00 Date Referred to City Inspector 4-26-00 Date Notice (sign) given to Applicant, POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR N/A Date for Council Meeting 5-15-00 Date APPROVED DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER Mo CITY OF CAPEGiRARDEAU `�"*�' �``• 401 INDEPENDENCE u P O BOX 617 \q CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant MAJOR BRANDS, INC. d/b/a MAjog ggANpS — CApF Managing Officer BERT N. E'EN Business Address 839 S. KINGSHIGHWAY Type of Liquor License WHOLESALERS OF INTOXICATING LIQUOR — ALL KINGS Type of license in last 6 months Approval o Ap licant by Poli a ent: Date Signatur Inspection Personnel: Zoning Classification The applicant ( is no required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant (LXX, as no) posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, ERwithin 200 feet of a church or school building. This structure Qs, is not) zoned correctly as required under Chapter 30 of the City Code of Ordinances. //' Date `t -2J o Signature W" This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT A CTIVITY REPOR T NAME OF BUSINESS: MAJOR BRANDS BUSINESS ADDRESS: 839 South Kingshighway MANAGING OFFICER: Mr. Robert N. Epsten SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT. There is no criminal history on file for Mr. Epsten and there are no reports of incidents at the above location that required police intervention following their last approval.. W CHIEF OkPOLICE DATE OF REPORT BSN 7 CGPD Form #112 $o. Mo CITY OF CAPEGIRARDEAU U I _ 401 INDEPENDENCE C& U � �� ` h PO BOX 617 CAPE GIRARDEAU MO 63702 r,c�a PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW NEWAL Date of Submitted: 4-18-00 CHANGE IN MANAGING OFFICER Current License No.: #4082-140 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from pA,7Cp, IW, d/b/a RHODES 101 STOP located at 449 S. KINGSHIGHWAY fora ORIGINAL PACKAGE LIQUOR AND SUNDAY SALES Please complete inspection and return to the Finance Department. Referred to Police Department 4-j g -pp Date Referred to City Inspector 4-18-00 Date license. Notice (sign) given to Applicant N/A for Council Meeting 5-15-00 Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. ` DATE CITY MANAGER Applicant CITY OF CAPEGIRARDEAU 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW PAJCO. INC Managing Officer PAUL R. DIRNBERGER Business Address 449 S. KINGSHIGHWAY Type of Liquor License ORIGINAL PACKAGE AND SUNDAY SALES Type of license in last 6 months SAME Approval of pp cant by Police Deptm Date Q v Signature - Inspection Personnel: jj Zoning Classification ti- l The applicanto applicant(is not required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant ( as not posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is,(is no) within 200 feet of a church or school building. This structureis)is not) zoned correctly as required rider Chapter 30 ol the City Code of Ordinances. Date 4 -ZG -� Signature This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITY REPORT NAME OFBUSINESS: Rhodes 101 Stop BUSINESS ADDRESS. 449 South Kingshighway MANAGING OFFICER: Mr. Paul Richard Dirnberger SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT. There is no criminal record on file for Mr. Dirnberger. The following is a listing of incidents at the above location that required police intervention following their last approval date: Stealing —15 incidents Forgery — 32 incidents Counterfeit — 3 incidents Tampering — 2 incidents Sale to Minor —1 incident Fraud —1 incident. 2HIEy10FP-0LICE LEONARD IRA TLIFWSN r DATE OF REPORT CCPD Form #112 V n W Mo CITY OF CAPEGiRARDEAU 401 INDEPENDENCE P 0 BOX 617 �9 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEWRENEWAL Date of Submitted: 4-28-00 CHANGE IN MANAGING OFFICER Current License No.: NEW RENEWAL TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from mjw, INC. d/b/a RHODES 101 STOP located at 10 S. WEST END BLVD fora ORIGINAL PACKAGE LIQUOR AND SUNDAY SAr.FS license. Please complete inspection and return to the Finance Department. Referred to Police Department 4-28-00 Date Referred to City Inspector 4-28-00 Date Notice (sign) given to Applicant POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR N/A Date for Council Meeting 5-15-00 Date APPROVED DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER ,.��' Mo �% CITY OF CAPEGiRARDEAU 401 INDEPENDENCE U — — P O BOX 617 o, CAPE GIRARDEAU MO 63702 111'4i; 1 -.e4 PH:573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant PAJCO, INC. Managing Officer PAUL R. DIRNBERGER Business Address 10 S. WEST END BLVD. • • •, 61-111 D4M K1116• Type of Liquor License RETAIL PACKAGE LIQUOR AND SUNDAY SAT.FS Type of license in last 6 months Approval of Ap licant by Poli De ent• Date �l Signature Inspection Personnel: Zoning Classification - The applicant OK is no) required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant (ll 4!1no for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, s not within 200 feet of a church or school building. This structure is, is not) zoned correctly as required under Chapter 30 of the City Code of Ordinances. "4 6Y l ZQ Date Signature J This liquor license was conditionally approved by the City Council at their meeting on L wt W" CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITYREPORT NAME OF BUSINESS. Rhodes 101 Stop BUSINESS ADDRESS. 10S. West End Boulevard MANAGING OFFICER: Paul Richard Dirnberger SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT. There is no criminal record on file for Mr. Dirnberger. The following is a listing of incidents at the above location that required police intervention following their approval date: Stealing — I incident. SOA� CHIEF OF POLICE r) LT. LEONARD D. RATLI , DSN 7 DATE OF REPORT CGPD Form #112 Mo CITY OF CAPEGIRARDEAU 401 INDEPENDENCE PO BOX 617 CAPE GIRARDEAU MO 63702 \ rtt 4 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL Date of Submitted: 4-18-00 CHANGE IN MANAGING OFFICER Current License No.: #4100-51 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from PAJCO, INC. for a ORIGINAL PACKAGE LIQUOR AND SUNDAy SALES Please complete inspection and return to the Finance Department. Referred to Police Department 4-18-00 Date Referred to City Inspector 4-18-00 Date license. Notice (sign) given to Applicant N/A for Council Meeting 5-15-00 Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED DISAPPROVED DATE COMMENTS IN The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. � ;j DATE CITY MANAGER M0----1CITY OF CAPEGIRARDEAU 401 INDEPENDENCE P 0 BOX 617 CAPE GIRARDEAU MO 63702 1 r,taf� PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant PAJOD, INC. d/b/a RHODES 101 SjOP Managing Officer PAUL R. DIRNBERGER Business Address 1008 N. KINGSHIGHWAY Type of Liquor License ORIGINAL PACKAGE LIQUOR AND SUNDAY SALES Type of license in last 6 months SAME Approval of pp cant by Police D art Date /I Qe , Signature Inspection Personnel: Zoning Classification C —Z The applicant' is not required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant ( as no posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is,not within 200 feet of a church or school building. This structurei-s not) zoned correctly as required under Chapter 30 of the City Code of Ordinances. / Date 4 -7G 'Op Signature . 1 This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENTACTIVITYREPORT NAME OF B USINESS: Rhodes 101 Stop BUSINESS ADDRESS: 1008 North Kingshighway MANAGING OFFICER: Mr. Paul Richard Dirnberger SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT: There is no criminal record on file for Mr. Dirnberger. The following is a listing of incidents at the above location that required police intervention following their last approval date: Stealing — 5 incidents Forgery —16 incidents Counterfeit — 2 incidents Minor in possession —1 incident. CHIEF OF POLICE DATE OF REPORT CGPD Form 4112 r) Mo CITY OF CAPEGiRARDEAU 401 INDEPENDENCE U � � � y P O BOX 617 CAPE CIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-18-00 Current License No.:_ _ jan58-1 M TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from PAJCD, , INC. d/b/a RHODES 101 STOP located at 1036 N. SPRIGG STw.w fora ORIGINAL PACKAGE I.LoUog AND S11NpAy SArFS license. Please complete inspection and return to the Finance Department. Referred to Police Department 4-18-00 Date Referred to City Inspector 4-18-00 Date Notice (sign) given to Applicant N/A for Council Meeting Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. CITY MANAGER Applicant Managing Officer_ CITY OF CAPEGIRARDEAU 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW PAJCO, INC. PAUL R. DIRNBERGER Business Address 1036 N. SPRIGG STREET d/b/a RHODES 101 STOP Type of Liquor License ORIGINAL PACKAGE LIQUOR AND SUNDAY SALES Type of license in last 6 months SAM, Approval of Ap licant by Polic Dep ent• Date �� Signature Inspection Personnel: 9 Zoning Classification C - l The applicant ( 's not required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant ( as not osted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, 4s not within 200 feet of a church or school building. This structureis is not) zoned correctly as required under Chapter 0 of the City Code of Ordinances. Date ' ZO- Signature V This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITYREPORT NAME OFBUSINESS. Rhodes 101 Stop BUSINESS ADDRESS. 1036 North Sprigg MANAGING OFFICER: Mr. Paul Richard Dirnberger SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT.- There STABLISHMENT.There is no criminal record on file for Mr. Dirnberger. The following is a listing of incidents at the above location that required police intervention following their last approval date: Stealing —11 incidents On January 24, 2000 the Missouri Division of Liquor Control suspended their liquor license for three (3) days. CHIEF OF P LICE M9,ikD i RA TLIFFIZKSN 01 DATE OF REPORT CCPD Form #112 M� CITY OF CAPEGiRARDEAU X 401 INDEPENDENCE V r P P O BOX 617 CAPE GIRARDEAU MO 63702 \ �t PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-18-00 Current License No.: #14059-104 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from PAJOo, INC. d/bla RHODES 101 STOP located at 1610 N KTl`V'AY for a ORIGIML PACKAGE LIQUOR AND SUNDAY SAIES license. Please complete inspection and return to the Finance Department. Referred to Police Department 4-18-00 Date Referred to City Inspector 4-18-00 Date Notice (sign) given to Applicant N/A Date for Council Meeting 5-15-00 Date APPROVED DISAPPROVED DATE COMMENTS POLICE DEPARTMENT l w CITY INSPECTOR w HEALTH INSPECTOR The Police Department and City Inspectors have completed their assigned review, with comments as� j noted above. The license is hereby authorized to be issued. V DATE CITY MANAGER W Mo CITY OF CAPEGIRARDEAU 401 INDEPENDENCE PO BOX 617 CAPE GIRARDEAU MO 63702 1 `a, PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant PAJCO. IW- d/b/a RHODES 101 STOP Managing Officer PAUL R. DIRNBERGER Business Address 1610 N. KINGSHIGHWAY Type of Liquor License ORIGINAL PACKAGE LIQUOR AND SUNDAY SALES Type of license in last 6 months SAME Approval of pp icant by Police ep en Date � /1 Signature Inspection Personnel: Zoning Classification C 'Z The applicant ( 's not required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant mss, has not posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, s not within 200 feet of a church or school building. This structure Qsj is not) zoned correctly as required under Chapter 30 f the City Code of Ordinances. Date �('�� Signature This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITY REPORT NAME OFBUSINESS. Rhodes 101 Stop BUSINESS ADDRESS: 1610 North Kingshighway MANAGING OFFICER: Mr. Paul Richard Dirnberger SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT: There is no criminal record on file for Mr. Dirnberger. The following is a listing of incidents at the above location that required police intervention following their last approval date: Stealing — 18 incidents Forgery —11 incidents Counterfeit — I incident Unlawful use of Drivers license —1 incident. �Q - CHIEF OF POLICE T. LEONARD D. RA1,TLIF SN 7 dU DATE OF REPORT CCPD Form #112 WA 59 MO CITY OF CAPEGIRARDEAU 401 INDEPENDENCE tZ CG \ �v POBOX 617 9 CAPE GIRARDEAU MO 63702 AtA PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL Date of Submitted: 4-18-00 CHANGE IN MANAGING OFFICER Current License No.: #4099-196 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from PA.Tm TNC d/b/a RHODES 101 STOP located at 2109 WILLIAM STREET fora ORIGINAL PACKAGE LIQUOR AND SUNDAY SAI ES license. Please complete inspection and return to the Finance Department. Referred to Police Department 4-18-00 Date Referred to City Inspector 4-18-00 Date Notice (sign) given to Applicant N/A Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED for Council Meeting 5-15-00 Date DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER 'MO CITY OF CAPEGiRARDEAU _ 401 INDEPENDENCE P O BOX 617 \ v _ ' CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335 7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant pAico, INC. d/b/a 10 1 c7mp Managing Officer PAUL R. DIRNBERGER Business Address 2109 WILLIAM STREET Type of Liquor License ORIGINAL PACKAGE LIQUOR AND SUNDAY SALES Type of license in last 6 months SAME Appro771,1 A licant by Police D art Date OD Signature Inspection Personnel: Zoning Classification - The applicant ►s no required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant (kicKas no posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, Eno within 200 feet of a church or school building. This structure is is not) zoned correctly as required under Chapter 3 of the City Code of Ordinances. / Date Signature ,&—, vD, This liquor license was conditionally approved by the City Council at their meeting on V CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT A CTIVITY REPOR T NAME OF BUSINESS: Rhodes 101 Stop BUSINESS ADDRESS: 2109 William Street MANAGING OFFICER: Mr. Paul Richard Dirnberger SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT: There is no criminal record on file for Mr. Dirnberger. The following is a listing of incidents at the above location that required police intervention following their last approval date: Stealing —12 incidents Forgery — 49 incidents Leave the Scene — 2 incidents Property Damage — I incident Counterfeit — I incident Sale to Minor —1 incident. n CHIEF OF POLICE ZA LT. LEONARD D. RA TLIFF,'DSN 7 it DATE OF REPORT CCPD Form #112 MO CITY OF CAPEGIRARDEAU 401 INDEPENDENCE P O BOX 617 4q CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-18-00 Current License No.: #4o4h-5n TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from PAJCO, INC. d/b/a RHODES 101 STOP located at 407 MORGAN OAK for a ORIGINAL PACKAGE LIQUOR AND SUNDAY SALES license. Please complete inspection and return to the Finance Department. Referred to Police Department, 4-18-00 Date Referred to City Inspector 4 -18 -on Date Notice (sign) given to Applicant N/A for Council Meeting -i-1,,-00 Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. i r DATE CITY MANAGER I 10 a The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. i r DATE CITY MANAGER Mo CITY OF CAPEGIRARDEAU 401 INDEPENDENCE P O BOX 617 i, g9 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant PAJCO, INC. Managing Officer PAUL R. DIRNBERGER Business Address 407 MORGAN OAK d/b/a RHODES 101 STOP Type of Liquor License ORIGINAL PACKAGE LIQUOR AND SUNDAY SALES Type of license in last 6 months SAME Approval of Ap licant by Police De men Date -C,-11140Z)' Signa tur Inspection Personnel: Zoning Classification C The applicant ( s no required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant (bm as no) posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, Eno) within 200 feet of a church or school building. This structureis is not) zoned correctly as required under Chapter 30 f the CityCode of Ordinances. Date 4 - YJ,CO Signature J This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITYREPORT NAME OF BUSINESS: Rhodes 101 Stop BUSINESS ADDRESS: 407 Morgan Oak MANAGING OFFICER: Mr. Paul Richard Dirnberger SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT. There is no criminal record on file for Mr. Dirnberger. The following is a listing of incidents at the above location that required police intervention following their last approval date: Stealing —1 S incidents Trespassing — 3 incidents Warrant Other Agency —1 incident Forgery —17 incidents Peace Disturbance — 3 incidents Trespass— 2 incidents CHIEF O POLICE DATE OF REPORT CCPD Form #111 29 nl,x CITY OF CAPEGiRARDEAU 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-28-00 Current License No.: #4067-71 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from FOOD GIANT OF CAPE GIRARDEAU, INC. d/b/a FOOD GIANT #73 located at 1 120 N_ KTwcHj{HWAy fora ORIGINAL PACKAGE LIQUOR & SUNDAY SALES Please complete inspection and return to the Finance Department. Referred to Police Department 4-28-00 Date Referred to City Inspector 4-28-00 Date license. Notice (sign) given to Applicant N/A for Council Meeting 9-15-00 Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER M� CITY OF CAPEGiRARDEAU V 401 INDEPENDENCE u — PO BOX 617 \o CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant FOOD GIANT OF CAPE GIRARDEAU d/b/a FOOD GIANT #73 Managing Officer Business Address RONNIE J. WATKINS 1120 N. KINGSHIGHWAY Type of Liquor License ORIGINAL PACKAGE LIQUOR & SUNDAY SALES Type of license in last 6 months Approval of Ap icant by PoliNDe ment Date W Signa Inspection Personnel: Zoning Classification C - Z The applicant ([K, 6not required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant (KW 0,!Lnoy posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, 6Dwithin 200 feet of a church or school building. This structure (g is not) zoned correctly as required under Chapter30 of e CityCode of Ordinances. Date S- 1 - Signature WN This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITYREPORT NAME OF BUSINESS: Food Giant #73 BUSINESS ADDRESS. 1120 North Kingshighway MANAGING OFFICER: Mr. Ronnie J. Watkins SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT. There is no criminal record on file for Mr. Watkins. The following is a listing of incidents at the above location that required police intervention following their last approval date.. Theft — 7 incidents Forgery — 25 incidents Property Damage —I incident Lost Property — I incident Fail to appear —1 incident Warrant service — I other agency. IE OF POLICE n DATE OF REPORT CCPD Form #112 MO CITY OF CAPEGiRARDEAU V 401 INDEPENDENCE PO BOX 617 \CG 40, CAPE GIRARDEAU MO 63702 PH:5 73-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-26-00 Current License No.: 44072-44 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from BI -STATE OIL CO d/b/a BI-STATE/SOUTHERN OIL located at 4nn Mnur A fora ORIGINAL PACKAGE LIQUOR AND SUNDAY SALES license. Please complete inspection and return to the Finance Department. Referred to Police Department 4-26-00 Date Referred to City Inspector 4-26-00 Date Notice (sign) given to Applicant N/A for Council Meeting 5-15-00 Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED DISAPPROVED DATE COMMENTS rl h" 01 14 The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. it DATE CITY MANAGER ,s Mo CITY OF CAPEGiRARDEAU V 401 INDEPENDENCE PO BOX 617 ,,p CAPE GIRARDEAU MO 63702 �..�4'S" PH:573-334-1332 FAX:573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant BI -STATE OIL CC). Managing Officer ROBERT P. BLANK Business Address 400 MORGAN OAK Type of Liquor License ORIGINAL PAGKAM LIQOOR AND SUMAY:SALES Type of license in last 6 months SAME Approval o Ap licant by Poli D en Date �� Signature Inspection Personnel: Zoning Classification C " The applicant (ice snot required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant as n ) posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, (R9within 200 feet of a church or school building. This structure 6is not) zoned correctly as required under Chapter 30 of he City Code of Ordinances. Date '-t - 2C_Signature This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITY REPORT NAME OF BUSINESS: Bi -State Southern BUSINESS ADDRESS: 400 Morgan Oak MANAGING OFFICER: Mr. Robert Paul Blank SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT: There is no criminal record on file for Mr. Blank. The following is a listing of incidents at the above location that required police intervention following their last approval date: Stealing —12 incidents Warrant Arrest —1 other agency Assault — I incident Forgery — 2 incidents Receiving Stolen Property — I incident CHIEF OF POLICE -7t�LEONARD D. G DATE OF REPORT CCPD Form #112 n r) CITY OF CAPEGIRARDEAU 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-25-00 Current License No.: #4045-228 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from DRURY PETROLEUM CORPORATION d/b/a-Amoco located at X77( W LLIAN for a ORIGINAL PACKAZE LIQUOR AND SUNDAY SAr.S license. Please complete inspection and return to the Finance Department. Referred to Police Department 4-25-00 Date Referred to City Inspector 4-25 00 Mie Notice (sign) given to Applicant, POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR N/A Date APPROVED for Council Meeting 5-15-00 Date DISAPPROVED DATE COMMENTS h The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. �y� CITY MANAGER M� CITY O F CAPEGiRARDEAU _ V 401 INDEPENDENCE A — — PO BOX 617 U \ 40, CAPE GIRARDEAU MO 63702 t 0 ti .�PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant DRURY PETROLEUM CORPORATION dfb/a AMOCO Managing Officer Business Address BRADLEY L. SMITH 3276 WILLIAM Sr. Type of Liquor License ORIGINAL PACKAGE LIQUOR AND S M)AY SAL Type of license in last 6 months Approval7o�Ap li nt by Police a mentaDate C- Signature Inspection Personnel: Zoning Classification C -z The applicant ( is not required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant Oba, as o posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, Eno within 200 feet of a church or school building. This structure Dss is not) zoned correctly as required under Chapt 30 of the City Code of Ordinances. Dates��Signature This liquor license was conditionally approved by the City Council at their meeting on n CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENTACTIVITYREPORT NAME OF BUSINESS. Amoco BUSINESS ADDRESS: 3276 William Street MANAGING OFFICER: Mr. Bradley L. Smith SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT. There is no criminal record on file for Mr. Smith. The following are the reports of incidents at the above location that required police intervention after their last approval date: Stealing —16 incidents (gas) Forgery — I incident Counterfeiting —1 incident C EF OF POLICE S -le -d� DATE OF REPORT r) CGPD Form #112 CITY OF CAPEGiRARDEAU V 401 INDEPENDENCE P O BOX 617 \ CAPE GIRARDEAU MO 63702 _..CC PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-28-00 Current License No.: 4073-1-6-3 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from MIDWEST ENERGY IW d/b/a AMERIMART #5 located at 865 N. KINGSHIGHWAY fora ORIGINAL PACKAGE LIQUOR AND SUNDAY SAM'S Please complete inspection and return to the Finance Department. Referred to Police Department, 4-28-00 Date Referred to City Inspector 4 -28 -nn Date license. Notice (sign) given to Applicant N/A for Council Meeting 5-15-00 Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments %- noted above. The license is hereby authorized to be issued. DATE CITY MANAGER r) n MO CITY OF CAPEGiRARDEAU 401 INDEPENDENCE U — — — P P O BOX 617 g9 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant MIDWEST ENERGY, INC. d/b/a AMF.RTMART #5 Managing Officer LAURA YOUNGHOUSE Business Address 865 N. KINGSHIGHWAY Type of Liquor ORIGINAL PACKAGE LI License QiJOR AND SUNDAY SALES Type of license in last 6 months Approval of Ap oicant by Police t: Date /% Signature Inspection Personnel: Zoning Classification C ,2 The applicant required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant (W as no) posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is,s no ) within 200 feet of a church or school building. This structure Q is not) zoned correctly as required under Chapter 3 of the City Code of Ordinances. i-., .17 Date S• (-00 Signature This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITYREPORT NAME OF BUSINESS. BUSINESS ADDRESS: MANAGING OFFICER: Amerimart #5 865 N. Kingshighway Ms. Laura Lee Younghouse SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT.- There STABLISHMENT. There is no criminal record on file for Ms. Younghouse. The following is a listing of incidents at the above location that required police intervention from the last date of approval. Theft — 8 incidents Forgery — I incident ML%,1jW, a � ! - - DATE OF REPORT CCPD Form #112 n rA-b*4-n CITY OF CAPEGiRARDEAU 401 INDEPENDENCE P O BOX 617 CCxCAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW NEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-28-00 Current License No.: #4146-245 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from r1I»wE.sr ENERGY. I.Nc- d/b/a AmmmART #7 located at 1320 W. CAPE ROCK for a ORIGINAL PACKAGE LIQUOR AND SIMAY SATES license. Please complete inspection and return to the Finance Department. Referred to Police Department 4-28-00 Date Referred to City Inspector 4-28-00 Date Notice (sign) given to Applicant N/A for Council Meeting 5-15-00 Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER MO CITY OF CAPEGiRARDEAU V� 401 INDEPENDENCE u — — P O BOX 617 `! CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant MIDWEST ENERGY, INC d/b/a AMF.RTMART #7 Managing Officer Business Address LAURA YOUNGEIOUSE 1320 W. CAPE ROCK DR. Type of Liquor License ORIGINAL PACKAGE LIQUOR AND SUNDAY SALES Type of license in last 6 months SAME Approval of App icant by Police D a nt: Date / Signature Inspection Personnel: Zoning Classification The applicant is not) equired to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant ( �hasn) posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is,s not)%within 200 feet of a church or school building. This structure (is,ono zoned correctly as required under Chapter I of the City Code of Ordinances. Date S - ( C) Signature 6-11�t— This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITYREPORT NAME OF BUSINESS: Amerimart #7 B USINESS ADDRESS: 1320 W. Cape Rock Drive MANAGING OFFICER: Ms. Laura Lee Younghouse SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT. There is no criminal record on file for Ms. Younghouse. There are two incidents of counterfeit currency being passed and two incidents of stealing at the above location following their last license approval. W CHIEF OF POLICE W LT. LEONARD D. RATL , DSN 7 DATE OF REPORT CCPD Form #112 ,,•a"11" MO CITY OF CAPEGIRARDEAU C>� ^ 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: S73-334-1332 FAX: S73 -33S-7946 33S-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-26-00 Current License No.: 44093-186 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from DSW DEVEI+OPMENT CplZpnuATroN d/b/a SHELL -CAPE located at 3415 WILLIAM fora ORIGINAL PACKAGE LIQUOR AND SUNDAY SALES Please complete inspection and return to the Finance Department. Referred to Police Department 4-26-00 Date Referred to City Inspector Notice (sign) given to Applicant, POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR 4-26-00 Date N/A Date license. for Council Meeting 5-15-00 Date APPROVED DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. t DATE CITY MANAGER W r) CITY OF CAPEGiRARDEAU 401 INDEPENDENCE P O BOX 617 gg" CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant DSW DEVELOPMENT CORPORATION d/b/a SHELL—CAPE Managing Officer BRADLEY L. SMITH Business Address 3415 WILLIAM ST. Type of Liquor License ORIGINAL PACKAGE LIQUOR AND SUNDAY SALES Type of license in last 6 months SAME Approval of p icant by Polic a menta Date �� C� Signature Inspection Personnel: Zoning Classification c - Z The applicant ( is not required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicants as not sted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, (e9within 200 feet of a church or school building. This structure &is not) zoned correctly as requi ed under Chapter of the City Code of Ordinances. Date `( '� Signature J This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITYREPORT NAME OF B USINESS: Shell Cape BUSINESS ADDRESS: 3415 William MANAGING OFFICER: Mr. Bradley L. Smith SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT. There is no criminal record on file for Mr. Smith. The following is a listing of incidents at the above location that required police intervention following their last approval date: Stealing — 31 incidents Fraud —2 incidents Counterfeit —1 incident Forgery — 4 incidents. .99 - CHIEF OF POLICE DATE OF REPORT CGPD Form #112 r) Mo CITY OF CAPEGIRARDEAU � 401 INDEPENDENCE \ y P O BOX 617 q9 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL Date of Submitted: 4-18-00 CHANGE IN MANAGING OFFICER Current License No.: 04124-124 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from SmiT B[ICHER d/b/a im I S PIZZA located at 1201 BmADWAY for a 3.2% NON -IDT micATING BEER BY TIS DRINK license. Please complete inspection and return to the Finance Department. Referred to Police Department 4-18-00 Date Referred to City Inspector 4-18-00 Date Notice (sign) given to Applicant N/A for Council Meeting 5-15-00 Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. iiUN CITY MANAGER ••`a ` 1 CITY O F CAPEGIRARDEAU V`~ `- 401 INDEPENDENCE UCG 4q PO BOX 617 CAPE GIRARDEAU MO 63702 \ 1 --105 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant SCOTT BUCHER d/b/a TMn,S pj77A Managing Officer SO OTT ROBERT BUCHER Business Address 1201 BROADWAY Type of Liquor License 3.2% NON—INTOXICATING BEER BY THE DRINK Type of license in last 6 months SAM V Approval o Ap licant by Police e Date �ov, Signature Inspection Personnel: Zoning Classification C - L The applicant �, 's n required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant ( has no) posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, ((jj�M within 200 feet of a church or school building. This structure is is not) zoned correctly as required under Chapter 30 f the City Code of Ordinances. Date C{ - 20 - M _Signature J V This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENTACTIVITYREPORT NAME OF BUSINESS. Imo's Pizza BUSINESS ADDRESS: 1201 Broadway MANAGING OFFICER: Mr. Scott Bucher SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT.- There STABLISHMENT. There is no criminal record on file for Ms. Bucher. The following is a listing of incidents at the above location that required police intervention following their last approval date: Assault —1 incident Peace Disturbance — I incident Fraudulent use of credit device — I incident. Qc��W, - CHIEF OF POLICE �j ' / LEONARD / �1 CGPD Form #112 CITY OF CAPEGIRARDEAU 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-27-00 Current License No.: #4079-84 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from DWAYNE SEVERS d/b/a CAPE PIZZA, INC. located f for a 3.2% NON-INMXICATING BEER BY Tim DRINK license. Please complete inspection and return to the Finance Department. Referred to Police Department. Referred to City Inspector Notice (sign) given to Applicant, POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR 4-27-00 Date 4-27-00 Date N/A Date APPROVED for Council Meeting 5-15-00 Date DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. l Ij DATE CITY MANAGER Mo CITY OF CAPEGIRARDEAU =. W 401 INDEPENDENCE ,.POBOX617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant DWAYNE SEVERS Managing Officer DWAYNE SEVERS Business Address 215 S. KINGSHIGHWAY d/b/a CAPE PIZZA. INC. Type of Liquor License 3.2% NON—INTC)XICATING BEER BY THE DRINK Type of license in last 6 months SAME Approval of pp cant by Police Dep t Date l/ 0,0 Signature Inspection Personnelh-L : Zoning Classification The applicant isno required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant (W (ie)posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, EiN within 200 feet of a church or school building. This structure 0-s not) zoned correctly as required under Chapter 30 the City Code of Ordinances. '�PD, "6 Date S- I — Go Signature J This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT t i LIQUOR ESTABLISHMENTACTIVITYREPORT NAME OF B USINESS: Cape Pizza, Inc. BUSINESS ADDRESS. 21 S S. Kingshighway MANAGING OFFICER: Mr. Dwayne Severs SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT: There is no criminal record on file for Mr. Severs. The following is a listing of incidents at the above location that required police intervention following their last approval date: Forgery — 2 incidents Stealing— 3 incidents Full order of Protection violation — I incident Fraudulent use of credit device — I incident. CHIEF OFPOLICEaj�waav_ 'A'401 rLT. LEONARD D. RATL , DSN 7 DATE OF REPORT CCPD Form #112 V N MO 4 CITY OF CAPEGIRARDEAU 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW *E:WA:L) CHANGE IN MANAGING OFFICER Date of Submitted: 4-27-0() Current License No.: #4120-85 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from rxaAvl�1F d/b/a CAPE PIZZA NO. 2. INC. located at 17(1 RRnarira� fora 3.2% NON-INPDXICATING BEER BY Tm nRTw license. Please complete inspection and return to the Finance Department. Referred to Police Department 4-27-00 Date Referred to City Inspector Notice (sign) given to Applicant POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR 4-27-00 Date N/A Date for Council Meeting 5-15-00 Date APPROVED DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER "Mo CITY OF CAPEGIRARDEAU V 401 INDEPENDENCE - P O BOX 617 - 4g" CAPE GIRARDEAU MO 63702 t e0 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant DWAYNE SEVERS Managing Officer DWAYNE SEVERS Business Address 1703 BROADWAY d/b/a CAPE PIZZA NO. 2, INC. Type of Liquor License 3.2% NON—INTOXICATING BEER BY THE DRINK Type of license in last 6 months SAME V Approval of /picant by Poli ent:Date ��U Signatur Inspection Personnel: Zoning Classification cd The applicant ( 's no required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant (W as no ) posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, <s no within 200 feet of a church or school building. This structure is is not) zoned correctly as required under Chapter 3 f the City Code of Ordinances. Date _Signature V This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITYREPORT NAME OF BUSINESS: Cape Pizza no 2, Inc. BUSINESS ADDRESS. 1703 Broadway MANAGING OFFICER: Mr. Dwayne Severs SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT. There is no criminal record on file for Mr. Severs. The following is a listing of incidents at the above location that required police intervention following their last approval date: Attempt Suicide —1 incident Assault — I incident Robbery — I incident Tampering — I incident. r) HIEF OF POLICE r) DATE OF REPORT CCPD Form #112 -'MO CITY OF CAPEGIRARDEAU 401 INDEPENDENCE �\ P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573— 334-1332 FAX: 573— 335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-26-00 Current License No.: -407_14 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from SALAMY TWINS INC. d/b/a PHOENICIA RESTAURANT located at 1000 N SPRIGG Please complete inspection and return to the Finance Department. Referred to Police Department 4-26-00 Date Referred to City Inspector. 4-26-00 Date Notice (sign) given to Applicant N/A Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED license. for Council Meeting 5-15-00 Date DISAPPROVED DATE COMMENTS v b(lm The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. � V DATE CITY MANAGER 'MO CITY OF CAPEGiRARDEAU V 401 INDEPENDENCE V — P O BOX 617 CG CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant SALAMY TWINS,... PHOMICIA FESTMIRANT Managing Officer Business Address 1000 N. SPRIGG ST. Type of Liquor License 5% BEER AND WINE BY THE DDRIM Type of license in last 6 months Approval of/Applicant by Poli D went• Date / l Signatur Inspection Personnel: Zoning Classification The applicant i not required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicantas not posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, Qi no) within 200 feet of a church or school building. This structureis, is not) zoned correctly as required under Chapter 3 of the City Code of Ordinance�s/.' Date `t -2- - j _Signature This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITYREPORT NAME OF BUSINESS. Phoenicia Restaurant BUSINESS ADDRESS: 1000 N. Sprigg MANAGING OFFICER: Mr. Emad P. Salamy SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT. There is no criminal record on file for Mr. Salamy and no reports of incidents at the above location that required police intervention following their last approval date. q F-- 1, 4ilwv rlo,;170 I yj S--ry,-0 C) DATE OF REPORT CGPD Form #112 59 MO CITY OF CAPEGIRARDEAU lop401 INDEPENDENCE PO BOX 617 i CGCAPE GIRARDEAU MO 63702 — 0 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW CRENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-28-00 Current License No.: #4051-167 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from miaiAEL C scm nT d/b/a THE PLAYDIU M located at 1127 BROADWAY fora RETAIL LIQUOR BY THE DRINK license. Please complete inspection and return to the Finance Department. Referred to Police Department 4-28-00 Referred to City Inspector Date 4-28-00 Date Notice (sign) given to Applicant N/A Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR for Council Meeting 5-15-00 Date APPROVED DISAPPROVED DATE COMMENTS V/1' 51111tb The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER �.�a`'�' Mo �% CITY OF CAPEGiRARDEAU V 401 INDEPENDENCE U P O BOX 617 40, CAPE GIRARDEAU MO 63702 \ ( PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant MICHAEL C SCi MIDT d/b/a T1 -]E PLAYDIUM Managing Officer MICHAEL C. SCHMIDT Business Address 1127 BROADWAY Type of Liquor License NTHE AIL LIQUOR BY E DRINK Type of license in last 6 months SAME Approval o Ap licant by Pol D me Date Signatu e:, Inspection Personnel: Zoning Classification C -I The applicant (X s no required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant (kKK as n ) posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is is not) ithin 200 feet of a church or school building. This structur is is not) zoned correctly as required under Chapter 3 of the City Code of Ordinances. wo— Date -_Signature This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT A CTIVITY REPOR T NAME OF BUSINESS: Pladium, Inc BUSINESS ADDRESS: 1127 Broadway MANAGING OFFICER: Mr. Michael C. Schmidt SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT. There is no criminal record on file for Mr. Schmidt. There were no incidents at the above location that required police intervention following their last approval date. V".1 CHIEF OF POLICE DATE OF REPORT CGPD Form #112 JL" Mo CITY OF CAPEGIRARDEAU � 401 INDEPENDENCE P O BOX 617 — CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-26-00 Current License No.: #4041-217 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from N. LOUISE WEBER located at 2021 for a RETAIL LIQUOR BY THE DRINK license. Please complete inspection and return to the Finance Department. Referred to Police Department, 4-26-00 Date Referred to City Inspector 4_96_00 Date Notice (sign) given to Applicant NSA for Council Meeting_ Date ate POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. � DATE CITY MANAGER Imor) OF CAPEGiRARDEAU C V 401 INDEPENDENCE v — PO BOX 617 h CAPE GIRARDEAU MO 63702 L .0 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant N. LOUISE WEBER Managing Officer N. L DISE KAZZEE WEBER Business Address Type of Liquor License 2021 IMEPEN)ENCB RETAIL LIQUOR BY THE DRINK Type of license in last 6 months SAME n Approval of pp icant by Police D pa t: Date 1/ v Signature Inspection Personnel: Zoning Classification C The applicant ( is no required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant 0= has _no posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, is no) within 200 feet of a church or school building. This structureis, 's not) zoned correctly as required under Chapter 30 of the City Code of Ordinances. Date 4 -& -__Signature This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT A CTIVITY REPOR T NAME OF BUSINESS: Pockets BUSINESS ADDRESS: 2021 Independence MANAGING OFFICER: Ms. N. Louise Kazzee SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT. There is no criminal record on file for Ms. Kazzee and the following are reports of incidents at the above location that required police intervention following their last approval date: Fail to pay sewer —1 incident. Q QV1 -, CHIEF OF POLICE i� i S -(�,p 6) DATE OF REPORT CGPD Form #112 V" r) n Mo CITY OF CAPEGiRARDEAU 401 INDEPENDENCE r PO BOX 617 CAPE GIRARDEAU MO 63702 v PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-28-00 Current License No.: #4116-236 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from DAVID D. MCALLISTER , ' INC _ located at 1-55 & AIRPORT ]RD. for a RETAIL LIQUOR BY THE DRINK Please complete inspection and return to the Finance Department. Referred to Police Department. 4-28-00 Date Referred to City Inspector 4-28-00 Date Notice (sign) given to Applicant N/A Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR license. for Council Meeting 5-15-00 Date APPROVED DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER CITY OF CAPEGiRARDEAU 401 INDEPENDENCE P O BOX 617 CG gg CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant DAVID D. MCALLISTER d/b/a MAC'S SMOKEHOUSE, INC - Managing Officer DAVID D. MCAUISTER Business Address 1-55 & AIRPORT RD. (CAPE REGIONAL AIRPORT) Type of Liquor License RETAIL LIQUOR BY THE DRINK Type of license in last 6 months SAME Approval of pp cant by Pol'ce D me t: Date �l 07, . Signatur Inspection Personnel: Zoning Classification A-� The applicant fKk-2-00required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant ( has no) posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, is no within 200 feet of a church or school building. This structure(gis not) zoned correctly as required under Chapt r 30 of the City Code of Ordinances. Date 5- (- Signature This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITY REPORT NAME OF BUSINESS: Mac's Smokehouse Airport Restaurant BUSINESS ADDRESS: I -SS and Airport Road MANAGING OFFICER: Mr. David Duane McAllister SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT. There is no criminal history on file for Mr. McAllister and there are no reports of incidents at the above location that required police intervention in my file. DATE OF REPORT CCPD Form #112 MO CITY OF CAPEGiMRDEAU 401 INDEPENDENCE P O BOX 617 \ CAPE GIRARDEAU MO 63702 <.ad PH: 573-334-1332 FAX: 573-335- 7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-28-00 Current License No.: #4032-15 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from JAyNw BROWN located at 519 GOOD,+HOPE for a RFTATL LCX1t7R RY THF ngTNK license. Please complete inspection and return to the Finance Department. Referred to Police Department. Referred to City Inspector 4-28-00 Date 4-28-00 Date Notice (sign) given to Applicant N/A for Council Meeting 5-15-00 Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER n Mo CITY OF CAPEGiRARDEAU 401 INDEPENDENCE P O BOX 617 SFr 49 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant JAYNNE BROWN d/b/a ED'_S BAR Managing Officer JAYNNE BROWN Business Address 519 GOOD HOPE Type of Liquor License RETAIL LIQUOR BY THE DRINK Type of license in last 6 months SAME Approvalof pp cant by Police a nt., Date S a cY. Signature Inspection Personnel: Zoning Classification C - The applicant Ot& Eno required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant (MK bZjno) posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, i no within 200 feet of a church or school building. This structure is is not) zoned correctVasreuiredunder Chapte 0 of the City Code of Ordinances` D6Date" "WSignature This liquor license was conditionally approved by the City Council at their meeting on I CITY OF CAPE GIRARDEAU POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITYREPORT NAME OF B USINESS: Ed's Bar BUSINESS ADDRESS: 519 Good Hope MANAGING OFFICER: Ms. Jaynne Brown SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT: There is no criminal record on file for Ms. Brown. The following is a listing of incidents at the above location that required police intervention following their last approval date: Stealing — 2 incidents Assault — 2 incidents. CHIEF OF POLICE 5 ld-QC) DATE OF REPORT CCPD Form #112 U V 59 MO CITY OF CAPEGiRARDEAU 401 INDEPENDENCE P O BOX CAPE GIRARDEAU EAU MO 63702 `ed PH: S73-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEWRENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 5-2-00 _Current License No.: #4119-171 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from PHILLIP BRINSON d/b/a RUFUS MUDSUCKERS located at 2 N. MMWST. for a RETAIL LIQUOR BY THE DRINK license. Please complete inspection and return to the Finance Department. Referred to Police Department 5-2-00 Date Referred to City Inspector 5-2-00 Date Notice (sign) given to Applicant N/A Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR for Council Meeting 6-5-00 Date APPROVED DISAPPROVED DATE COMMENTS j The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER Imo CITY OF CAPEGIBARDEAU V 401 INDEPENDENCE U v P O BOX 617 CAPE GIRARDEAU MO 63702 ( A, PH: 573-334-1332 FAX: 573-335-7946 A APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant PHILLIP BRINSON d/b/a RUFUS r7[li1S[KYERS Managing Officer PHILLIP BRINSON Business Address 2 N. MAIN ST. Type of Liquor License RETAIL LIQUOR BY THE DRINK Type of license in last 6 months Approval f A licant by Police epa t: Date � /1 Signature Inspection Personnel: Zoning Classification C The applicant OKi no required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant (jama no posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, ' no within 200 feet of a church or school building. This structure (Z is not) zoned correctly as required under Cha ter 30 of the City Code of Ordinances. Date s- (I -(-�Q Signature This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITYREPORT NAME OF B USINESS: Rufus Mudsuckers BUSINESS ADDRESS. 2 North Main MANAGING OFFICER: Mr. Phillip Brinson SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT: There is no criminal record on file for Mr. Brinson. The following is a listing of location that required police intervention in my file following their last approval date: Assault —1 incident Stealing — I incident Counterfeiting —1 incident. n `�94, CHIEF OF POLICE incidents at the above DATE OF REPORT CGPD Form #112 4'"`° CITY OF CAPEGiRARDEAU 401 INDEPENDENCE P 0 BOX 617 \ 40, CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW, NEW CHANGE IN MANAGING OFFICER Date of Submitted: 5-3-00 Current License No.: #4104-164 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from RODNEY POBST d/b/a RIVER'S EDGE located at 701 N. MAIN ST - for a T. fora DIE DRR4K license. Please complete inspection and return to the Finance Department. Referred to Police Department 5-3-00 Date Referred to City Inspector 5-3-00 Date Notice (sign) given to Applicant N/A Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR for Council Meeting 6-5-00 Date APPROVED DISAPPROVED DATE COMMENTS V The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER Mo CITY OF CAPEGiMRDEAU 401 INDEPENDENCE U 5 P O BOX 617 �9 CAPE GIRARDEAU MO 63702 A4t%\ PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant RODNEY POBST Managing Officer RODNEY S. POBST Business Address 701 N. MAIN ST d/b/a RIVER'S EDGE Type of Liquor License RETAIL LIQUOR BY THE DRINK nType of license in last 6 months SAME Approval of pp cant by Polic a tmen ._ Date S �f Signatur Inspection Personnel: Zoning Classification M- 2 The applicant M is no required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant (lid a n ) posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, is not) within 200 feet of a church or school building. This structure (is, is not) zoned correctly as required under Chapter 30 of the City Code of Ordinances. 1/1 Date—q- //1- 2 -CG Signature '4-4/ n 40V This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENTACTIVITYREPORT NAME OF B USINESS: River's Edge B USINESS ADDRESS. 701 North Main MANAGING OFFICER: Mr. Rodney Pobst SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT.- There STABLISHMENT: There is no criminal record on file for Mr. Pobst. There were two reports of incidents at the above location that required police intervention following their last approval date. Assault — I incident DWI — I incident. Q" -- CHIEF OF POLICE LT. LEONARD D. RATLI , ))SN 7 DATE OF REPORT CCPD Form #112 U V Mo CITY OF CAPEGIRARDEAU 401 INDEPENDENCE a qPO BOX 617 ` g9 CAPE GIRARDEAU MO 63702 ACAd PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-26-00 Current License No.: #4129-113 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from DOC CAIN. INC. d/b/a PORT CAPE GIRARDEAU located at 19 N. WATER fora RETAIL LIQUOR BY THE DRINK AND SI -MAY &81.13S license. Please complete inspection and return to the Finance Department. Referred to Police Department 4-26-00 Date Referred to City Inspector 4-26-00 Date Notice (sign) given to Applicant N/A Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED for Council Meeting 5-15-00 Date DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. CITY MANAGER "'° CITY OF CAPEGIRARDEAU V 401 INDEPENDENCE v — PO BOX 617 \ CAPE GIRARDEAU MO 63702 L ....0� PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant DOC -CAIN, INC. d/b/ Managing Officer Business Address DII94IS R. H. CAIN lq N_ WATER Type of Liquor License RETAIL LIQUOR BY TIM DRINK AND S1 �AT•F'C Type of license in last 6 months ApprovalJoAp licant by Police ep meDate � Signature Inspection Personnel: Zoning Classification The applicants is no required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant eM<ED posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is is no)within 200 feet of a church or school building. This structure is, 's not) zoned correctly as required under Chapter 30 of the City Code of Ordinances. Date_4L - 2 - Signature IN This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITYREPORT NAME OF BUSINESS: Port Cape Girardeau Restaurant BUSINESS ADDRESS. 19 North Water MANAGING OFFICER: Mr. Dennis R. H. Cain SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT. There is no criminal record on file for Mr. Cain. The following is a listing of incidents at the above location that required police intervention following their last approval date: Assault — 2 incidents Stealing —1 incident. CHIEF OF POLICE 2 DATE OF REPORT CGPD 'MO CITY OF CAPEGiRARDEAU � 401 INDEPENDENCE ` P O BOX 617 i \ CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-25-00 Current License No.: #4111-170 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from cKRI LNC' d/b/a RID LOBSTER #0707 located at 3269 WILLIAM ST - for a T_ fora RETAIL LIQUOR BY THE DRINK AND SUNDAY SALES license. Please complete inspection and return to the Finance Department. Referred to Police Department 4-25-00 Date Referred to City Inspector 4-25-00 Date Notice (sign) given to Applicant N/p, for Council Meeting 5_1a -Aft Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED DISAPPROVED DATE COMMENTS V The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER W W r) CITY OF CAPEGiRARDEAU 401 INDEPENDENCE " 4 PO BOX 617 J 5 \ g9 CAPE GIRARDEAU MO 63702 ,s•,1� PH: 573-334-1332 FAX: 573-335-7946 Applicant APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW GMRI, INC. Managing Officer ROGER J. BRESNAHAN Business Address 3269 WILLIAM ST. Type of • • Type of license in last 6 months SAME d/b/a RED LOBSTER #0707 Approvalof Ap licant by Poli De ent Date !1 Signature Inspection Personnel: Zoning Classification C -2— The Z The applicant (Mlqi2o required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant , as no) posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, no within 200 feet of a church or school building. This structure Qs is not) zoned correctly as required under Chapter 30 the City Code of Ordinances. 4,jD Date - ZC — l.�i 1 Signature This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITYREPORT NAME OF BUSINESS. Red Lobster #707 BUSINESS ADDRESS: 3269 William MANAGING OFFICER: Mr. Roger J. Bresnahan SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT.- There STABLISHMENT. There is no criminal record on file for Mr. Bresnahan. The following is a listing of incidents at the above location that required police intervention following their last approval date: Stealing — I incident Forgery — I incident Leave the Scene —1 incident Possession Controlled Sub —1 incident Fail to Appear — I incident. CHIEF OF POLICE DATE OF REPORT CCPD Form #112 W MO CITY OFC APE GIRARDEAU 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-28-00 Current License No.: #406-1--i0 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from CAPASHQO, INC. d/b/a THE PASTA HOUSE W. located at 3044 WTr.r.TAM StiTTF 1 j5 WE= PARK MALL fora RETAIL LIQUOR BY THE DRINK AND SUNDAY SAIF license. Please complete inspection and return to the Finance Department. Referred to Police Department 4-28-00 Date Referred to City Inspector 4-28-00 Date Notice (sign) given to Applicant N/A Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED for Council Meeting 5-15-00 Date DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER MO CITY OF C APE GIRARDEAU .� V� 401 INDEPENDENCE U — — PO BOX 617 \CG 4g CAPE GIRARDEAU Mo 63702 1 ,b PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant CAPASHOD, INC. Managing GOERGEN Officer N-_ IN— Business Address 3044 WILLIAM SUITE 155 WEST PARK Type of Liquor License RETAIL LIQUOR BY THE DRINK AND SUNDAY SALES Type of license in last 6 months Approval of Ap licant by Policea ent: Date Signature Inspection Personnel: Zoning Classification C The applicant ( is not required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant (imas n ) posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is is no) within 200 feet of a church or school building. This structure Q is not) zoned correctly as required under Chapter 3 of the City Code of Ordinances. �I Date S- ( -W Signature—4a This liquor license was conditionally approved by the City Council at their meeting on W" n CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENTACTIVITYREPORT NAME OF BUSINESS. The Pasta House Co. BUSINESS ADDRESS. 155 West Park Mall MANAGING OFFICER: Mr. Edward N. Goergen SUMMARY OFACTIVITIES EFFECTING THE ESTABLISHMENT: There is no criminal record on file for Mr. Goergen and no incidents at the above location that required police intervention following their last approval date. CHIEF OF POLICE MLT. LEON D.TLI , DSN 7 DATE OF REPORT CCPD Form #112 Mo CITY OF .��. CAPEGiRARDEAU 401 INDEPENDENCE PO BOX 617 CAPE GIRARDEAU MO 63702 ( A4L*A PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 4-21-00 Current License No.: #4081-20 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from MIDAMERICA HOTELS CORPORATION d/b/a HOLIDAY INN COMPE% located at I-55 & ROUTE "K" - 3267 WILLIAM fora RETAIL LIQUOR BY THE DRINK AND SUNDAY SALES license. Please complete inspection and return to the Finance Department. Referred to Police Department, 4-21-00 Date Referred to City Inspector 4-21-00 Date Notice (sign) given to Applicant NIA for Council Meeting S_ 1 s_00 Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED DISAPPROVED DATE COMMENTS .t� The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER ,�•�a`: Mo CITY OF CAPEGIRARDEAU •+ 401 INDEPENDENCE U \ v P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Managing Officer DANIEL MARION DRURY Business Address 3267 WILLIAM Type of Liquor License RETAIL LIQUOR BY THE DRINK AND SUNDAY SALES r) Type of license in last 6 months Approval of pp' cant by Police QlepArtment: Date P Signature Inspection Personnel: Zoning Classification C - L. The applicant ( snot required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant (2aK Oias no posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, is no ) within 200 feet of a church or school building. This structure (@ is not) zoned correctly asxNuired under Chapter 30 f the City Code of Ordinances Date ' ZI -��) Signature This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENTACTIVITYREPORT NAME OF BUSINESS: Holiday Inn Complex BUSINESS ADDRESS: I -SS and Rt. K MANAGING OFFICER: Mr. Daniel Marion Drury SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT.- There STABLISHMENT. There is no criminal record on file for Mr. Drury and one arrest for stealing was reported at the above location that required police intervention following their last approval date. C IEF OF POLICE dao�&- &,4 LT. LEONARD D. RATLI , DSN 7 DATE OF REPORT CCPD Form #112 V Mo 1.611 $14. �CITY OF ��`• CAPEGIRARDEAU 401 INDEPENDENCE ` y PO BOX 617 0' CAPE CIRARDEAU MO 63702 �t PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL Date of Submitted: 4-20-00 CHANGE IN MANAGING OFFICER Current License No.: #4122-201 TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from TSS AND KING INC. GRILL It BAR •r a X .• :BY THEDRINK a ►It `! I►Il.e Please complete inspection and return to the Finance Department. Referred to Police Department 4-20-00 Date Referred to City Inspector 4-20-00 Date Notice (sign) given to Applicant N/A for Council Meeting 5-15-00 Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED DISAPPROVED DATE COMMENTS "�Vuv The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER 0 CITY OF CAPEGIRARDEAU ��. 401 INDEPENDENCE 1O P O BOX 617 - CAPE GIRARDEAU MO 63702 I� PH. 573-334-1332 FAX. 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant qHCMp_q AND KTP-TNC- d/b/a Managing Officer GfMCHEN S. ZELLMER-GRIGGS Business Address 202 S. BROADVIEW Type of Liquor License RETAIL Type of license in last 6 months BY THE DRINK AND SUNDAY SALES Approval o App icant by Police D a t: Date /� QZ� Signature Inspection Personnel: Zoning Classification C - Z The applicant fK 's of required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant (JDMa no posted for 10 days the notice required under Ordinance No, 376, Sec. 5-23-1 This structure (is, isn ) within 200 feet of a church or school building. This structure 0 is not) zoned correctly as required under Chapt 30 of the City Code of Ordinances. Date �( ZCj -co Signature This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITYREPORT NAME OF BUSINESS: Applebee's Neighborhood Grill & Bar BUSINESS ADDRESS. 202 South Broadview MANAGING OFFICER: Ms. GRETCHENSUZANNE ZELLMER-GRIGGS SUMMARY OFACTIVITIES EFFECTING THE ESTABLISHMENT: There is no criminal record on file for Ms. Griggs. The following is a listing of incidents at the above location that required police intervention following their last approval date: Theft — 3 incidents Forgery — I incident Leave Scene of MVA — I incident Fail to Appear — I incident -V. xd CHIEF OF POLICE DATE OF REPORT CGPD Form V12 lil OTHER 5� CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 177 Agenda May 15, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Motion Accepting Improvements and Release of Escrow, Forest Hills Estates Subdivision This item on the City Council agenda advises that the remainder of the improvements serving Forest Hills Estates Subdivision, a twenty-nine (29) lot residential subdivision located along North Sprigg Street, between Bertling Street and Lexington Avenue, have been completed generally in accordance with approved plans. Water line improvements were accepted into the City's systems on July 19, 1999. Street improvements, and sanitary sewer improvements are now complete and ready for acceptance into the City's system. The developer has requested that the City accept the remainder of the tj improvements, with the exception of the detention basins which will remain under private maintenance and responsibility, and release the subdivision bond in the amount of $333,000. I recommend that the street and storm sewers and sanitary sewer improvements as shown on the plans approved for Forest Hills Estates Subdivision, be accepted into the City's system by council motion and that the subdivision bond covering this improvement be released by Council motion. MAL/MGM/dc :il Respectfully submitted, /�� A. Lester, P.E. Engineer Michael G. Miller City Manager FOREST HILLS ESTATES, PHASE I AQ IL r.• _______ _r%_ __ lye k 1 a n 11 '0; � ��� � �� •tea \ .� L o � _ 4� I. _ 24 ni v at z aa`. 1 .wog m6 ,o•t m6 Y c --- - -._.- - --- b-fioao.w - 25 13 ^8 rusty 8j !wzv !8 .... - 5 ,m• Y v tf Y v r.S � ♦ .. v Bey ~fib r n>t \ ..• • •rev ^e i \_,.. a. .... FOREST HILLS ESTATES PHASE 1 CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 178 Agenda May 15, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Motion to Approve Improvement Plans for the Construction of A Portion of Richmond Drive Improvement plans have been submitted for the construction of a portion of Richmond Drive from Kell Farm Drive approximately 390 feet west to the entrance of the proposed Cape West Mobile Home Park, a private development.. All improvements within the mobile home park will be constructed under city inspection; however, they will remain as private development. MIt is recommended that the Council approve by motion the improvement plans for the Richmond Drive street improvement. Respectfully submitted, / Mark A. Lester, P.E. City gineer Michael G. Miller City Manager MAL/MGM/dc l `L r) r) F& CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 179 Agenda May 15, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Request for Rezoning from R-1 to C-1 and Special Use Permit for Gasoline Pumps At its meeting May 10, 2000, the Planning and Zoning Commission heard a request from Kevin Stanfield and Jeff Holzum to rezone 2021 Perryville Road and the northwest corner of Perryville Road and Lexington Avenue from R-1, Single Family Residential District, to C-1, Local Commercial District, and for a Special Use Permit for gasoline pumps. Several residents from the area were at the meeting in opposition to the project, and a petition containing 23 signatures was also submitted. The Planning and Zoning Commission is recommending that the request for rezoning and Special Use Permit be disapproved. The motion was made for approval of the request, with the vote being 0 votes in favor, 8 votes in opposition, and 2 abstentions. The principal factors considered by the Commission were (a) substantially increase traffic hazards or congestion; (b) adversely affect the character of the neighborhood, and (c) adversely affect the general welfare of the community. If the Planning and Zoning Commission recommends disapproval of an application, the Council may set a public hearing upon its own motion; or the Council may, by motion, file such recommendation of rejection and the application shall thereupon be deemed rejected unless, within 10 days from such filing, the applicant files a written request with the City Clerk for a public hearing or makes an oral request therefor at a regular or special meeting of the City Council, whereupon the council shall set such public hearing. If the Council chooses to set a public hearing on its own motion, publication requirements could be met for the June 19, 2000, or July 3, 2000, Council meeting. If the Council files the disapproval recommendation, we will notify the applicant in writing of the Council's action and the ten day requirement to request a hearing if the applicant wishes to pursue the application further. Honorable Mayor and Council Agenda May 15, 2000 Page 2 It is recommended that the Council either set a public hearing on this rezoning and Special Use Permit request or file such request for 10 days. Respe tfully submitted/, Kent M. Bratton City Planner - � , �5:: '- �- � �' Walter L. Denton Assistant City Manager KBM/WLD/rlf M Rezoning 0 CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For M Special Use Permit File No. 958 Address of Property d0a I N W Corner CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: Perry i) I e Lex i n� t on 1. 2. 3. 4. 5. Is present use consistent with present zoning? f,w,. A- � ;c ^owc.N Is plat sufficient? yes Will intended use conform to requested zoning? Has intended use already commenced? Comments: City Pl er/Development Services Coordinator e---� CITY ATTORNEY: 1 2 3 4 City ■Emum a CITY 1 `�e s ��CNS}�n tx►cri, 6w Nei-}�.rn }'ry-cs�` Date Is legal description sufficient?� Will intended use conform to requested zoning? Can requested Special Use Permit be legally granted? % Comments: Af4AGER REFERRAL TO PLANNING AND ZONING COMMISSION: Manager, Michael G. Miller PLANNING SERVICES STAFF: 4-z Date 1. Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date Revised 4/21/1998 n 2 PETITION OPPOSING REZONING OR GRANTING SPECIAL USE PERMIT FOR PROPERTY AT LEXINGTON AND PERRYVILLE ROAD The undersigned residents of the area near the intersection of Lexington Road and Perryville Road, in the City of Cape Girardeau, hereby state that they are opposed to the Cape Girardeau Planning and Zoning Commission, or the City Council, granting special use permits or rezoning of property which would permit commercial activity at that intersection. Name Address Phone d37 Peg , t e, o? V3 -3 33Z- $39 2 AA A., i/ !. DAa,.1 aAAQ YOrrtI i9 /to ,55 t/-(,liq PETITION OPPOSING REZONING OR GRANTING SPECIAL USE PERMIT FOR PROPERTY AT LEXING'T'ON AND PERRYVILLE ROAD The undersigned residents of the area near the intersection of Lexington Road and Perryville Road, in the City of Cape Girardeau, hereby state that they are opposed to the Cape Girardeau Planning and Zoning Commission, or the City Council, granting special use permits or rezoning of property which would permit commercial activity at that intersection. I2.in, - _!! 9 334/-- 44J � 7 333.114 y 339 - aryl 334- "I Le 339 - 7� ko City of Cape Girardeau, Missouri r) Application For Rezoning - 2 OR Special Use Permit - Date Received in Planning Services Office: 41 -1 N - p p By: 1. Description of the project: CONVENIENCE STORE AND GASOLINE STATION 2. Street address of tract (or other location description): 2021 2021 PERRYVILLE ROAD 3. Names and addresses of all legal owners of tract: KEVIN STANETELD, 1320 BROADRIDGE, JACKSON, MO. JEFF HOLZUM, 621 WINDWOOD LAKE DR., CAPE GIR, MO. 4. Present zoning classification: R-1 5. Requested new zoning classification: 6. cque !Vi tial use SAME AS 1 7Jprr��vv y�71.Y1�1►K��hAl1�AX 7. Person handling this application (name, address, phone number): KEVIN STANFIELD, 2811 WINTERGREEN DR., CAPE GIR, MO 8. If tract is to be transferred, name and address of intended owner: N/A Page 2 9. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): Name Date Name Date SECTION B Legal description of tract: TRACT #1: PART OF SURVEY 2198 AND BEING LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 31 NORM RANGE 13 EAST IN THE CITY AND COUNTY OF CAPE D MISSOURI CONTAINING 839 S9 QUARE FEET MO OR LESS), ESCRIBED AS FOLLOWS: Commence at the Southwest comer of the SW 1/4 SE 1/4 of said Section 24; thence N 890 49'41" E along the South Line of Lexington Avenue, 33255 feet (measured) (334.0 feet = deeds); thence N 00 20' 00" W, 234.0 feet; thence S 89° 35' 00" E, 156.33 feet to the Point of Beginning: thence N 0° 20' 00" W, 74.0 feet; thence S 89° 35' 00" E, 96.52 feet to the westerly line of Perryville Road; thence S 24° 52' 00" E along said westerly line, 81.83 feet; thence N 89° 35' 00" W, 130.5 feet to the Point of Beginning. Tract #2: PART OF SURVEY 2198 AND BEING LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 31 NORTH, RANGE 13 EAST IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI CONTAINING 24,276 SQUARE FEET (MORE OR LESS), DESCRIBED AS FOLLOWS: Commence at the Southwest corner of the SW 1/4 SE 1/4 of said Section 24; thence N 89° 49'41" E along the South Line of Lexington Avenue, 332.55 feet (measured) (334.0 feet = deeds); thence N 0° 20' 00" W, 234.0 feet; thence S 89° 35' 00" E, 15633 feet to the Point of Beginning: thence continue S 890 35' 00" E, 1305 feet to the westerly line of Perryville Road; thence S 240 52' 00" E along said westerly line, 331 feet; thence S 240 18' 30' E along said westerly line, 8438 feet; thence S 19° 51' 53" E along said westerly line, 36.82 feet; thence S 350 41' 22" W along said westerly line, 49.37 feet to the intersection of the North Line of Lexington Avenue; thence N 89° 04' 49" W along said North Line, 148.35 feet; thence N 83° 16' 28" W along said North Line, 1.12 feet; thence N 0° 20' 00" W, 150.08 feet to the Point of Beginning. Page 3 2. Attach to this application a scale plat of the tract, on an 81/2 by 11 inch sheet of paper, showing the following: a. All boundary dimensions. b. All adjoining streets and alleys. C. All present improvements. d. All intended improvements. e. All adjoining and cornering property lines and references to all owners listed in Section C. f. Zoning classification of all adjoining and cornering property. SECTION C 1. List names and addresses of ALL adjoining landowners. Include land which comers on tract or which is across streets or alleys. MARCUS & ELIZABETH ROGERS, 1826 MEYER, CAPE GIR, MO. ALVIN & MARILYN MCFERREN, 1833 GEORGIA, CAPE GIR, MO JEROME WASHO, DAWN ELEWELLYN, 2000 PERRYVILLE RDI), CAPE GIR, MO HAROLD & YVONNE WERNER, 2023 PERRYVILLE RD, CAPE GIR, MO WILLOWWAY TRUST, % DAVID SCHOOTT TRUST, P.O. BOX 1090, CAPE GIR, MO. BO SHANTZ, 2303 HUNTERS LANE, CAPE GIR, MO Page 4 2. With this application, the application must deliver to the Planning Services Division a stamped, plain business envelope addressed to each of the individuals listed in Section C, No. 1, of this application. SECTION D 1. State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. CONVENIENCE STORE AND GASOLINE STATION ARCHITECT DRAWING AVAILABLE NEAR FUTURE 2. If this is an application for a special use permit, state the limitations you offer to put on the permit relating to time period, tract ownership, size and design of improvements to be constructed. N/A 3. Is a transfer of ownership of the tract dependent upon the approval of this application? N/A 4. Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract? If so, give the date and state the prior action taken. NO V" �11 Page 5 CTP rrrinm lT 1. State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. WILL PROVIDE A NEEDED SERVICE TO THE NEIGHBORHOOD AND A TAX RESOURCE FOR THE CITY. IT WILL ALSO BEAUTIFY THE INTERSECTION. IT WILL IMPROVE ACCESS TO THE PROPERTY COMPARED TO THE WAY IT NOW EXISTS. Revised 11/30/98 1550CIATES, EBENSBURG, PENNSYLVANIA W" r Iw Scale: 1"= 50' 50 25 0 SO N89'35V 288.2' p 93. 40.0' i 159. S89'S2 edge 70fpov7eme:nt LEXINGTON A VENUE ex�i9sing 2 45' drives "v Store I O � jP -4 5.0' S.0' 3.31' co �► 40.0' e� F Cac � ti '0 159. S89'S2 edge 70fpov7eme:nt LEXINGTON A VENUE ex�i9sing 2 45' drives t� '" Ix r 2 I_ I I ff 1 wo Ow, WOW 4rs? DR. Tt Ii" LTM—_ CA P LAKE OR C r V p P SGq I \\ _ LN. TERRAPIN I DAPEHILLS RD. DERBYSHIRE I. i o,P 1\ 1 – �JTY' < �tftN r DR. AU,rHN ORM �?4. qqy�WILD a Id ALLEN DR. ,,��� � mBOR. 9�nDRBIENNLLE AYE.,/.BE iA1 DR. af E �r� �s w. 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MSTEgA d OR a��~� ' f S g IIS �uKW AYE. _ CHERRY IKL __.,,•,.yyf _cY p„ A$p[iE ay. 8 r` ; ARENA BRDADwAr 7N i� at t i ` D / S 3 qP 4Q+ROb PARK �wwsrcx yr 1111CCCC �ooii S NoarAL AYe i' W, SUE DR. SS TRUCE ( Olt. EAPp< LACEY ST. Tom' wlTW/5 .. OR ff SAY it COLLEGE SaAApOAIE ncurspR. & c s, Q'r�s a � BEs9E st sr. J3" HILL PL NoaTN t f KMIBERL ST. �i 9BESSIES < t. PL wtENEa T.3 � $ �, 4 S WCE of S y , THEWS ST. L E L Si' SusAwDR NARr/pry ST. ' TNEMIS LYNN DR. ROEPENOERq € �I RER BROADWAY ST. 9R St. x a. � � � �e � � � sr. Y � h rRaEssIDNAi ff C1 DR. 9Eap DR. MYRA 'AMM oR sT. ' rUNWEMR �j es MEaaWE n. Q && AIOr VVILUAM a 8 aoaDOrMru t . 9 DR. am Ears � k f! � ST. SCC/ Mkt 0 OLTj �t �r T f < st 1 AM 000D EEdt CITY OF CAPE GIRARDEAU Office of the City Manager [i] Council Letter No. 180 Agenda May 15, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Request for Rezoning from M-1 to M-2 At its meeting May 10, 2000, the Planning and Zoning Commission heard a request from Jerry Lipps to rezone 2355 Locust Street from M-1, Light Industrial District, to M-2, Heavy Industrial District. Several citizens were present at the meeting in opposition to the project. The Planning and Zoning Commission is recommending that the request for rezoning be disapproved because it felt that there would be a substantial increase in traffic in the area and would have an adverse impact on the neighborhood. If the Planning and Zoning Commission recommends disapproval of an application, the Council may set a ublic hearing upon its own motion; or the Council may, by motion, file such recommendation of re?ection and the Ask plication shall thereupon be deemed rejected unless, within 10 days from such filing, the applicant files a written request with the City Clerk for a public hearing or makes an oral request therefor at a regular or special meeting of the City Council, whereupon the council shall set such public hearing. If the Council chooses to set a public hearing on its own motion, publication requirements could be met for the June 19, 2000, or July 3, 2000, Council meeting. If the Council files the disapproval recommendation, we will notify the applicant in writing of the Council's action and the ten day requirement to request a hearing if the applicant wishes to pursue the application further. It is recommended that the Council either set a public hearing on this rezoning request or file such request for 10 days Respect lly submitted, ent M. Bratton Walter L. Denton Assistant City Manager f-IBM/WLD/rlf CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning ® OR Special Use Permit ❑ File No. 9(D,3 Address of Property � ,3 5 5 Locus+ sf r c e + CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: V 1. Is present use consistent with present zoning? % �S 2. Is plat sufficient? �c5 3. Will intended use conform to requested zoning? 4. Has intended use already commenced? /V° 5. Comments: s1 1 60 City Planner/Development Services Coordinator Date CITY ATTORNEY: 1. 2. 3. 4. Is legal description sufficient? Will intended use conform to requested zoning? Can requested Special Use Permit be legally granted? Comments: �4'/' 11 - &�F)w IFY.11, CITY MANA R REFERRAL TO PLANNING AND ZONING COMMISSION: City Manager, Michael G. Miller Date PLANNING SERVICES STAFF: 1. Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date Revised 4/21/1998 AL CITY OF CAPE GIRARDEAU Application for Rezoning _x_ OR Special Use Permit (check one) For Staff Use Only Date Received in Planning Services Office: By: SECTION A 1. Description of the project: Construct Concrete Plant 2. Street address of tract (or other location description): 2355 Locust Cape Girardeau, MO 63703 3. Names and addresses of all legal owners of tract: Jerry Lipps 2735 Jewel Dr. Cape Girardeau, MO 63701 4. Present zoning classification: Ml 5. Requested new zoning classification: M2 6. Requested special use: NA 7. Person handling this application (name, address, phone number): Image Architects, Inc. Pam Davidson 310 Broadway Suite 310 Cape Girardeau, Mo 63701 573-334-6666 8. If tract is to be transferred, name and address of intended owner: NA V 9. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): Name Date Name S /•Oil SECTION B 1. Legal description of tract: Date Property: Lots #1, #2 and #3 on Locust Street in the City of Cape Girardeau, County of Cape Girardeau, State of Missouri, consisting of approximately 9.85 acres, more particularly described as follows: All that part of Out lot 86, in U.S.P. Survey No. 2199, Township 30 North, Range 13 East, in the City of Cape Girardeau, Missouri, described as follows: Start at the southwest corner of Locust Street and Commercial Street as shown on the plat of Lot 1 of the Rodney 400 Arpen Tract and a part of Out Lot 86, and recorded in Plat Book 5 at page 51 in the office of the Recorder of Cape Girardeau County, Missouri; thence south 79 degrees 23' East with the south line of Locust Street extended a distance of 193.28 feet to a point in the east line of Out Lot 86; thence South 6 degrees 20' west with said east line of Out Lot 86 a distance of 300.84 feet; thence 79 degrees 23' West 215.67 feet; thence North 10 degrees 37' East, 300.0 feet to the point of beginning 1.27 acres more or less. AND A tract or parcel of land situated in Out lot No. 54, U.S.P. Survey No. 2199, Township 30 North, Range 13 East in the City of Cape Girardeau, Missouri, described as follows: Begin at an axle marking the Northwest corner of Out lot No. 54 being also the Northeast corner of Out lot No. 86, U.S.P. Survey No. 2199; thence S. 83 degrees 42' E. 311.0 feet; thence S. 14 degrees 55' E. 832.9 feet; thence N. 72 degrees 54' W. 621.1 feet to a point on the line between Out lot No. 54 and Out lot No. 86, U.S.P. Survey No. 2199; thence N. 6 degrees 06' E. 660.2 feet along said line to the point of beginning, containing 7.392 acres more or less. AND All that part of Out lot 86, in U.S.P. Survey No. 2199, T. 30 N., R. 13 E., in the City of Cape Girardeau, Missouri, described as follows: Start at the southwest corner of Locust Street and Commercial Street as shown on the plat of a part of Lot 1 of the Rodney 400-Arpen Tract and a part of Out lot 86, and recorded in Plat Book 5 at page 51 in the Office of the Recorder of Cape Girardeau County, Missouri; thence South 79 degrees 23' East along the South line of Locust Street extended a distance of 150.0 feet; thence South 10 degrees 37' West, 300.0 feet; thence North 79 degrees 23' West, 150.0 feet; thence North 10 degrees 37' East, 300.0 feet to the point of beginning. Including all buildings and improvements on the Property and all rights of the seller to streets, highways, alleys, and driveways. 2. Attach to this application a scale plat of the tract, on an 8'/2 by 11 inch sheet of paper, showing the following: a. All boundary dimensions. b. All adjoining streets and alleys. c. All present improvements. d. All intended improvements. e. All adjoining and cornering property lines and references to all owners listed in Section C. f. Zoning classification of all adjoining and cornering property. SECTION C 1. List names and addresses of ALL adjoining landowners. Include land which corners on tract or which is across streets or alleys. NOTE: Where a rezoning or special use permit is requested for part of a larger platted tract, adjoining owners are considered as those adjoining the larger tract. 1. Dorothy Tibbles Trust C/O Raymond Tibbles 118 N. Ellis Cape Girardeau, MO 63701 2. Joseph Kuss, ETAL 1458 Sanderling Dr. Englewood, FL 34224 n 5. Fap Prop XVII , Inc. P.O. Box 2246 Staunton, VA 24402-2246 6. Missouri Department Transportation FW0 C • . 11,' Sikeston, MO 63802-0160 3. Charles Blattner Trust 7. Kussland Development Co. 601 Highland Cape Girardeau, MO 63701 4. River Eagle Distributing Co P.O. Box 45 Cape Girardeau, MO 63702-0045 P.O. Box 272 Cape Girardeau, MO 63702-0272 8. Fairview Parnership 1530 Fairview St. Louis, MO 63132 2. With this application, the applicant must deliver to the Planning Services Division a stamped, plain business envelope addressed to each of the individuals listed in Section C, No. 1, of this application. SECTION D 1. State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. Central Concrete Plant 2. If this is an application for a special use permit, state the limitations you offer to put on the permit relating to time period, tract ownership, size and design of improvements to be constructed. NA 3. Is a transfer of ownership of the tract dependent upon the approval of this application? M 4. Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract? If so, give the date and state the prior action taken. Yes, Juvenile Justice Center — Special use permit because of it being a public building — 10-27-98 SECTION E 1. State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. W" In this area, the plant would be close to 1-74 that would allow access through out the city. This access would help eliminate any traffic congestion in Cape. The new equipment will contain dust control system that would keep the air clear of dust. This is a new business in town that would bring in new revenue to the city. E (ol Q 13 q Ku%, JOSEPH ETA 1950 �p�.l[�ERLI�.1C, � ICI%boD, FL 34224 11 158LE5, WP40TW JW `�o RaY+io"D TI BUS -5 115 c� l.l.K IS 3 ,ALL 090pEATf CVPREI-1'R �a..lEp MI 1 U El PlAT, Tt4ER, (4 P LES- 6A ES.6 A HH IGH LAND COPE LOCUS � 0186 0` ET /I S¢ � FPI W,AE!►� �3' �8' PPR1i�ASHI P FANA � M � Mld R y To ff- QP FT 9.6j, "1, aft PSG .cn FKL)%L,& -1D DWELCPHEWT �o. 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MW TRIAL DR 6 RUSMAR mHACKBERRY x � w GE42R04 // STpNEgfE R.�!� / I S��KERN yM1. � � BEECH _ CORPORATE ` %NE .STT POPLAR ST. COOPER lS 1 h UN I q, wI 3 CORPORATE v n CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Memorandum No. 20 May 11, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Petition Regarding Priorities Planned for the Transportation Trust Fund (2001-2005) to Include the Widening of Mt. Auburn From North Kingshighway to Independence Street. At its regular meeting on May 10, 2000, the City Planning and Zoning Commission received the attached petition regarding the new, proposed Transportation Trust Fund Program. The petition was presented to, and discussed by, the Chamber of Commerce Transportation Committee at their meeting on the afternoon of May 10th and forwarded to the Planning Commission by that body. The possible addition of this project to the Planning Commission's final recommendations to the City Council (forwarded under separate cover) was discussed at length by the Commission at their meeting on the 10th. The Commission's final recommendation is to keep the program as originally proposed and add the "Mt. Auburn North" project to the top of the list of other projects considered. This is reflected in their final recommendations. Respe tfully submitted, X4 ent M. Bratton City Planner Walter L. Denton Acting City Manager KMB/WLD:clb Petition for Changes To the Transportation Trust Fund The following citizens and businesses in Cape Girardeau petition the City Council and the Planning & Zoning Commission to adjust the priorities planned for the Transportation Trust Fund to include: The widening of Mt. Auburn from North Kingshighway to Independence Street, which would including widening to 48 feet wide (2 feet each side) and left turn lanes where possible. The reasons for this change are: • to provide for easier access to the major business areas of Cape Girardeau that produce the sales tax revenue for the plan, and • to eliminate the congestion that will be created by the opening of the new Careers and Technology Center and Central High School. Parking should also be eliminated from the street, at least during busy traffic periods. Name Business V kif�� 1 1 / Petition for Changes To the Transportation Trust Fund The following citizens and businesses in Cape Girardeau petition the City Council and the Planning & Zoning Commission to adjust the priorities planned for the Transportation Trust Fund to include: The widening of Mt. Auburn from North Kingshighway to Independence Street, which would including widening to 48 feet wide (2 feet each side) and left turn lanes where possible. The reasons for this change are: • to provide for easier access to the major business areas of Cape Girardeau that produce the sales tax revenue for the plan, and • to eliminate the congestion that will be created by the opening of the new Careers and Technology Center and Central High School. Parking should also be eliminated from the street, at least during busy traffic periods. Name Business Mrs FAMILY PHARmAcif, 4 a Petition for Changes To the Transportation Trust Fund The following citizens and businesses in Cape Girardeau petition the City Council and the Planning & Zoning Comrnissionxo adjust the priorities planned for the Transportation Trust Fund to include: The widening of Mt. Auburn from North Kingshighway to Independence Street, which would including widening to 48 feet wide (2 feet each side) ail left turn lanes where possible. The reasons for this change are: • to provide for easier access to the major business areas of Cape Girardeau that produce the sales tax revenue for the plan, and • to eliminate the congestion that will be created by the opening of the new Careers and Technology Center and Central High School. Parking should also be eliminated from the street, at least during busy traffic periods. Name rt�Cc'CP �v�/ Business &aAes ;' No/% 5� }► k ,v ` SH- 4 l -(f Petition for Changes To the Transportation Trust Fund The following citizens and businesses in Cape Girardeau petition the City Council and the Planning & Zoning Commission to adjust the priorities planned for the Transportation Trust Fund to include: The widening of Mt. Auburn from North Kingshighway to Independence Street, which would including widening to 48 feet wide (2 feet each side) and left turn lanes where possible. The reasons for this change are: • to provide for easier access to the major business areas of Cape Girardeau that produce the sales tax revenue for the plan, and • to eliminate the congestion that will be created by the opening of the new Careers and Technology Center and Central High School. Parkin, should Aso be eliminated from the street. t least dunn,; bu v raffi r ° i ? I. Name Business r) Petition for Changes To the Transportation Trust Fund The following citizens and businesses in Cape Girardeau petition the City Council and the Planning & Zoning Commission to adjust the priorities planned for the Transportation Trust Fund to include: The widening of Mt. Auburn from North Kingshighway to Independence Street, which would including widening to 48 feet wide (2 feet each side) and left turn lanes where possible. The reasons for this change are: to provide for easier access to the major business areas of Cape Girardeau that produce the sales tax revenue for the plan, and to eliminate the congestion that will be created by the opening of the new Careers and Technology Center and Central High School. Parking should also be eliminated from the street, at least during busy traffic periods. Na Business o �� •� �.s /Tib � M Z NWkWOx(- #6CA n X33 L"� Petition for Changes To the Transportation Trust Fund The following citizens and businesses in Cape Girardeau petition the City Council and the Planning & Zoning Commission to adjust the priorities planned for the Transportation Trust Fund to include: The widening of Mt. Auburn from North Kingshighway to Independence Street, which would including widening to 48 feet wide (2 feet each side) and left turn lanes where possible. The reasons for this change are: • to provide for easier access to the major business areas of Cape Girardeau that produce the sales tax revenue for the plan, and . • to eliminate the congestion that will be created by the opening of the new Careers and Technology Center and Central High School. Parking should ,Jso be elil„ir ate _': fnom the street, at least during; busy tr.,ffl, periods. Name Business MW J n n Petition for Changes To the Transportation Trust Fund The following citizens and businesses in Cape Girardeau petition the City Council and the Planning & Zoning Commission to adjust the priorities planned for the Transportation Trust Fund to include: The widening of Mt. Auburn from North Kingshighway to Independence Street, which would including widening to 48 feet wide (2 feet each side) and left turn lanes where possible. The reasons for this change are: to provide for easier access to the major business areas of Cape Girardeau that produce the sales tax revenue for the plan, and to eliminate the congestion that will be created by the opening of the new Careers and Technology Center and Central High School. Parking should also be eliminated from the street, at least during busy traffic periods. Business QW '�f" Petition for Changes To the Transportation Trust Fund The following citizens and businesses in Cape Girardeau petition the City Council and the Planning & Zoning Commission to adjust the priorities planned for the Transportation Trust Fund to include: The widening of Mt. Auburn from North I ingshighway to Independence Street, which would including widening to 48 feet wide (2 feet each side) and left turn lanes where possible. The reasons for this change are: to provide for easier access to the major business areas of Cape Girardeau that produce the sales tax revenue for the plan, and to eliminate the congestion that will be created by the opening of the new Careers and Technology Center and Central High School. Parking should also be eliminated from the street, at least during busy traffic periods. Name Business / Z4 -(,, Petition for Changes To the Transportation Trust Fund The following citizens and businesses in Cape Girardeau petition the City Council and the Planning & Zoning Commission to adjust the priorities planned for the Transportation Trust Fund to include: The widening of Mt. Auburn from North Kingshighway to Independence Street, which would including widening to 48 feet wide (2 feet each side) and left turn lanes where possible. The reasons for this change are: to provide for easier access to the major business areas of Cape Girardeau that produce the sales tax revenue for the plan, and to eliminate the congestion that will be created by the opening of the new Careers and Technology Center and Central High School. Parking should also be eliminated from the street, at least during busy traffic periods. Name c� a Business .9y m� -N a)Q-R V4 CITY OF CAPE GIRARDEAU Office of the City Manager Council Memorandum No. 19 May 10, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Appointments to Ethics Commission Dear Mayor and Council Members: On October 7, 1996, the City Council adopted an Ordinance establishing an Ethics Commission for the City of Cape Girardeau. A copy of Chapter 2 of the City Code explaining the Ethics Commission is attached. In June of 1997, the City Council appointed the original Commission. Mr. Kenneth Green's tenn on the Commission will expire on June 16, 2000. Section 2-132 of the City Code states that no member of the Commission shall serve on the commission after the expiration of his ten -n. Therefore, Mr. Green is not eligible to continue to serve. Members serve five year teens. For your information, attached is a roster for the commission. Presently there are no applications on file for the Commission. The position has been advertised on the Public Access Channel and articles have appeared in the Southeast Missourian regarding the need for advisory board applicants. However, no additional applications have been received. As soon as an application is received for the Commission, this item will appear on your agenda for consideration. Respectfully submitted, G le . Conrad tv Clerk Michael G. Miller City Manager 16 CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees May 1, 2000 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only two consecutive tenus effective with ternis commencing January 8, 1996. Ethics Commission Serve five year terms, appointed by Council. Meet as necessary. Staff contact - City Attorney 59 ki Date Appointed Term Expires Kenneth W. Green, Jr. August 18, 1997 June 16, 2000 Dennis Dobson June 16, 1997 June 16, 2001 Bo Shantz June 16, 1997 June 16, 2001 Mark K. Slinkard June 16, 1997 June 16, 2002 Stephen W. Stigers June 16, 1997 June 16, 2002 Steven Fritzler February 16, 1999 June 16, 2003 James "JJ" Williamson September 7, 1999 June 16, 2004 Serve five year terms, appointed by Council. Meet as necessary. Staff contact - City Attorney 59 ki ADMINISTRATION § 2-130 n n W ARTICLE V. RESERVED* Secs. 2-96-2-115. Reserved. ARTICLE VI. HOUSING AUTHORITYf Sec. 2-116. Purpose. Whereas, RSMo 99.040 provides that upon petition of fifty (50) taxpayers of the city asking for a housing authority, the city council shall determine whether there is a need for a housing authority in the city; and whereas, there has been presented to the council a petition signed by fifty (50) taxpayers of the city asking for the creation of a housing authority; and whereas, it is hereby determined the insanitary and unsafe inhabited dwelling accommodations exist in the city, that there is a shortage of safe and sanitary dwelling accommodations in the city available to persons of low income at rentals which they can afford, that there exists in the city a condition of overcrowd- ing in population to the land coverage, that the light, air, space and access available to the inhab- itants of insanitary and unsafe inhabited dwell- ings is insufficient, that the size and arrange- ments of the rooms and sanitary facilities of many of the dwellings of persons of low income are inadequate, and that conditions exist in such dwellings which endanger life and property, fire or other causes, the council hereby declares that there is a necessity for a housing authority as defined in RSMo Chapter 99. (Code 1967, § 2-51) Sec. 2-117. Membership; appointment, qual- ifications, term, chairman. The mayor is hereby notified and directed to appoint five (5) persons who are taxpayers of the city and who have resided in the city for five (5) years prior to their appointment, as commission- ers of the housing authority. Three (3) of the commissioners shall be designated to serve for terms of one (1), two (2) and three (3) years respectively from the date of their appointment, *Editor's note—Ord. No. 2197, § 1, adopted July 21, 1997, repealed Art. V, §§ 2-96-2-99, which pertained to the division of transit. See the Code Comparative Table. tCross reference—Urban redevelopment, ch. 28. Supp. No. 16 161 and two (2) of the commissioners shall be desig- nated to serve for terms of four (4) years from the date of their appointment. Thereafter the commis- sioners shall be appointed for terms of four (4) years except that all vacancies shall be filled for the unexpired term. The mayor shall designate which of the commissioners appointed shall be the first chairman. (Code 1967, § 2-52) Sec. 2-118. Declared a municipal corpora- tion. After the appointment of the commissioners of the housing authority, they shall be known as the commissioners of the housing authority of the City of Cape Girardeau. There is hereby created a municipal corporation known as the housing au- thority of the City of Cape Girardeau, which corporation shall function in accordance with the laws of the state. (Code 1967, § 2-53) Secs. 2-119-2-129. Reserved. ARTICLE VII. ETHICS COMMISSION Sec. 2-130. Composition. There is hereby established an ethics commis- sion, hereinafter referred to as "the commission," which shall consist of seven (7) members, who must be registered voters of the city, at least twenty-one (21) years of age, and residents of the city for at least two (2) consecutive years imme- diately prior to their appointment, all of whom shall be appointed by and approved by the city council. (1) No member of the commission shall, dur- ing his term of service or within one (1) year before or after: a. Be employed by the City of Cape Girardeau, the state or any political subdivision of the state; b. Be employed as a lobbyist; C. Be a member of the city council; d. Serve on any other governmental board, committee or commission; 12-130 CAPE GIRARDEAU CODE e. Be an officer of any political party or political organization; f. Permit his name to be used, or make contributions, in support of or in opposition to any candidate or prop- osition; g. Participate in any way in any elec- tion campaign, except that a mem- ber or employee of the commission shall retain the right to register and vote in any election, to express his opinion privately on political sub- jects or candidates, to participate in the activities of a civic, community, social, labor or professional organi- zation, and to be a member of a political party. (2) No member of the commission, during his term of service, shall hold or be a candi- date for any other public office. (3) No member of the commission shall have been convicted of a felony or a crime involving moral turpitude. (Ord. No. 2050, art. 1, 10-7-96) Sec. 2-131. Applications. All prospective commission members must sub- mit a written application, signed under oath, indicating that he meets the qualifications set out in this article. Any misstatement on that applica- tion shall result in his application not being considered, or in his immediate removal from the commission. (Ord. No. 2050, art. 1, 10-7-96) Sec. 2-132. Terms. The term of office of the members of the ethics commission shall be for five (5) years, excepting that the membership of the first commission appointed under this section shall serve for the following terms: One (1) for one (1) year•, one (1) for two (2) years; one (1) for three (3) years; two (2) for four (4) years; and two (2) for five (5) years. As the term of a member expires, the council shall Supp. No. 16 162 r) ADMINISTRATION § 2-139 r) r) appoint a successor for a term of five (5) years, except as provided below. No member of the commission shall serve on the commission after the expiration of his term. No person shall be appointed to more than one (1) full five (5) year term on the commission. (Ord. No. 2050, art. 1, 10-7-96) Sec. 2-133. Removal; forfeiture of office. (a) The members of the ethics commission may be removed at any time by a majority vote of the city council. (b) A member of the commission shall immedi- ately forfeit his office if he: (1) Lacks at any time during his term of office any qualification for the office prescribed by this article or by law; (2) Violates any express requirement of this article; (3) Remains in default to the city after notice of such default; or (4) Ceases to be a resident or registered voter of the city. (Ord. No. 2050, art. 1, 10-7-96) Sec. 2-134. Officers. The ethics commission shall elect a chairman, vice-chairman, and a secretary to serve a term of one (1) year each. The first officers, however, shall only serve until the following January. Thereaf- ter, the commission shall meet annually during the month of January of each year to elect a chairman, vice-chairman and secretary to serve a term of one (1) year. No person shall serve more than two (2) full terms as chairman. The names of the new officers shall be reported to the city council within fifteen (15) days after the election. (Ord. No. 2050, art. 1, 10-7-96) Sec. 2-135. Compensation. No member of the ethics commission shall receive compensation for his service. (Ord. No. 2050, art. 1, 10-7-96) Supp. No. 14 163 Sec. 2-136. By-laws. The commission shall draft by-laws to govern the conduct of its business. All by-laws shall be subject to approval by the city council and may be amended by the city council at any time. No by-laws shall be effective until they have been adopted by ordinance of the city council. (Ord. No. 2050, art. 1, 10-7-96) Sec. 2-137. Financial disclosure; conflicts of interest. All commission members shall be required to file a financial interest statement, as defined in section 2-81, within thirty (30) days of their appointment, and then annually thereafter by their appointment dates. They shall also comply with all conflict of interest regulations applicable to city council members and other elected or appointed officials as set out in section 2-76 through 2-83 of the Code of Ordinances of the City of Cape Girardeau, Missouri. (Ord. No. 2050, art. 1, 10-7-96) Sec. 2-138. Quorum; voting. (a) A quorum for conducting business shall be five (5) members. (b) A vote of a majority of all members, regard- less of quorum, is needed to pass any issue, except the decision to investigate a complaint, which shall only require three (3) affirmative votes. No member shall vote or take part in formal discus- sions or investigations on any matter which may materially or apparently affect the substantial personal or private interest of that member. (Ord. No. 2050, art. 1, 10-7-96) Sec. 2-139. Meetings; records. (a) The only required meetings shall be those established in sections 2-134 and 2-140.4 of this article. The commission may also meet at times set out in its by-laws, and at any time upon the call of the chairman. (b) The commission shall keep complete min- utes of its proceedings, showing the votes, and shall submit a copy of those minutes to the city council within fifteen (15) days after the meeting. 2-139 CAPE GIRARDEAU CODE ) V (c) All proceedings of the commission shall be recorded, and shall be transcribed within fifteen (15) days after the meeting. A copy of that tran- script shall immediately be filed with the city clerk. (d) The city clerk shall develop appropriate systems to file and maintain an index of all complaints, information, transcripts, minutes, re- ports and other records of the commission to facilitate public access to such information, ex- cept as may be limited by this article and confi- dentiality requirements otherwise provided by law. (Ord. No. 2050, art. 1, 10-7-96) Sec. 2-140. Investigations. (a) Generally. The commission may, upon its own initiative, or shall, upon receipt of a valid complaint of any person or entity, review or inves- tigate the official conduct of the mayor, council members, city manager, chief purchasing officer, city judge, and board members as it pertains to claimed ethical violations consisting of conflict of interests, forfeiture of office as defined in Chapter 3.07, Failure to Disclose, Failure to Meet Qualifi- cations, Malfeasance or Misfeasance of duties. (b) Valid complaint. A valid complaint may be made by any person or entity, must be written and signed under oath, and must state sufficient facts to establish a violation of one of the sections listed in section 2-140.1 hereinabove, the names and addresses of all known witnesses to this conduct, and copies of all documents in the pos- session of the claimant which would support the allegation. (c) Complaints initiated by the commission. The commission may vote to initiate an investi- gation upon its own initiative if there is probable cause to believe that a violation has occurred in one of the categories listed in section 2-140.1 hereinabove. Prior to beginning any investigation on its own initiative, the commission shall file a written information with the city clerk, signed by all commission members affirmatively voting to proceed with the investigation, clearly setting forth the following items: (1) The name of the person to be investi- gated; Supp. No. 14 164 (2) The occurrence to be investigated; (3) The date, time and place of that occur- rence; (4) A statement of how that occurrence alleg- edly violates one of the categories listed in section 2-140.1 hereinabove; (5) The names and addresses of all known witnesses to this conduct; (6) Copies of all documents in the possession of the commission which would support the allegation; and (7) A statement that there is probable cause to believe that such a violation occurred. (d) Filing. All valid complaints as set out in sub -paragraph (b), and information as set out in sub -paragraph (c), must be filed with the city clerk before any action may be taken by the commission. The city clerk shall immediately de- liver a copy of the complaint to all commission members. The commission shall meet within thirty (30) days of the date the complaint or information was filed with the city clerk to begin its investi- gation. (e) Restrictions. No complaint or occurrence shall be investigated which concerns alleged crim- inal conduct which allegedly occurred previous to the period of time allowed by law for criminal prosecution for such conduct. The commission may refuse to investigate any conduct which is the subject of civil or criminal litigation. The commission shall not investigate any complaint or occurrence concerning conduct which is not criminal in nature which occurred more than two (2) years prior to the date of the filing of the complaint or the information mentioned in para- graphs (b) or (c) hereinabove. (f) Investigative powers. (1) The commission shall have access to all city records reasonably calculated to lead to the discovery of evidence which will reasonably assist the commission in car- rying out the duties prescribed in this article, and which are not closed by state statute. (2) The commission shall have power to re- quest additional information from any W" W" n ADMINISTRATION $ 2-140 matter being investigated. It may admin- ister oaths and affirmations. All testi- mony before the commission shall be re- corded and under oath. (3) Anyone who knowingly gives false testi- mony before the commission shall be guilty of a misdemeanor punishable under sec- tion 1-8 of this Code. (g) Counsel. (1) The commission may request the city at- torney, or if a conflict exists, the city council shall designate independent coun- sel to assist in its investigations. (2) Any person who is the subject of an inves- tigation under this article, may be present at any proceeding before the commission and may be represented by counsel. (h) Confidentiality. All proceedings and records of the commission to review complaints, conduct investigations, and decide whether to initiate an investigation shall be closed until a report under section 2-140.10 is issued to the City council, except as otherwise provided in this article and by applicable state law. Any person who violates the confidentiality requirements imposed by this sec- tion shall be guilty of a misdemeanor punishable under section 1-8 of this Code. (i) Hearing procedure. All hearings before the commission shall be conducted according to the procedures established by its by-laws. Those hear- ings shall allow introduction of all relevant evi- dence, and provide the accused ample opportunity to rebut the allegations against him. The accused must be given a copy of the complaint or informa- tion against him before any investigation may proceed. The accused is also entitled to copies of all records obtained by the commission during its investigative process. 0) Report to council. Within thirty (30) days after the completion of every investigation, the commission shall issue a written report of its findings to the city council, which report shall be made available to the public at that time. The written report shall also contain a copy of the complaint or information, minutes and tran- scripts of all meetings in any way discussing the Supp. No. 20 165 occurrence, all evidence obtained by the commis- sion, and a recommendation of specific action. Within thirty (30) days of the city council receiv- ing the commission's report, the city council shall vote to take action on the complaint or informa- tion. Such action shall be based solely on the facts set out in the report and shall be to accept, reject, or adopt a modification of the commission's rec- ommendations. (k) Definitions. The following definitions shall be used in interpretation of this article: (1) Official conduct: Any behavior by a public officer or employee specifically related to the duties of his office. (2) Mayor: The individual serving as mayor under Article III of the City Charter, dur- ing his term of office. (3) Council members: The individuals serving as council members under Article III of the City Charter, during their terms of office. (4) City manager: The individual serving as city manager under Article IV of the City Charter, during his term of office. (5) Chief purchasing officer: The individual serving as finance director, and head of the finance department, during his term of office. (6) City judge: The individual serving as mu- nicipal judge or special municipal judge, under Chapter 16 of the Code of Ordi- nances of the City of Cape Girardeau, during his term of office. (7) Board members: The individuals serving on boards and commissions, as set out in Sections 5.03, 5.04, 5.05 and 5.11 of the City Charter, during their terms of office. (8) Conflict of interests: The standards estab- lished in Chapter 2, Article IV of the City Code. (9) Forfeiture of office: The standards estab- lished in Section 3.07(b) of the City Char- ter. (10) Failure to disclose: Any wilful failure or refusal to reveal any conflict of interest or to file any required financial interest state- ment. 2-140 CAPE GIRARDEAU CODE ) (11) Failure to meet qualifications: The failure of any individual to satisfy or maintain the eligibility requirements of his office. (12) Malfeasance or misfeasance of duties: The commission of any act which violates fed- eral, state or municipal statutes or ordi- nances in the performance of his official duties. (Ord. No. 2050, art. 1, 10-7-96) Sec. 2-141. Non -exclusivity. The procedures set out in this article are in addition to other provisions of law under which any remedy or right of appeal or objection is provided for any person, or any procedure pro- vided for inquiry or investigation concerning any matter. The provisions of this article shall not be construed to limit or affect any other remedy or right of appeal or objection. The city council shall still have original jurisdiction to initiate and conduct its own investigation of any alleged eth- ical violation. (Ord. No. 2050, art. 1, 10-7-96) Sec. 2-142. Malicious complaints. If, in the opinion of the commission, the com- plaining party was motivated by malice or reason contrary to the spirit of any law on which such complaint was based, in filing the complaint with- out just cause, this finding shall be reported to the city council and to appropriate law enforcement authorities. Any person who knowingly files a complaint without just cause, or with malice, shall be guilty of a misdemeanor punishable un- der section 1-8 of this Code. (Ord. No. 2050, art. 1, 10-7-96) Sec. 2-143. Appeals. If any accused person is aggrieved by an ad- verse decision of the city council to accept, reject, or adopt a modification of the commission's rec- ommendations, he may file with the city clerk within thirty (30) days of that decision a written request for a new hearing before the city council. No appeal to the city council is available, however, if the city council has already commenced its own investigation into the matter. In that event, any Supp. No. 20 166 appeal must be filed with the circuit court within thirty (30) days of the final decision of the city council. (Ord. No. 2050, art. 1, 10-7-96) ARTICLE VIII. VISION 2000/VISION 2020 COMMUNITY RELATIONS COUNCIL Sec. 2-144. Vision 2000/Vision 2020 Commu- nity Relations Council. (a) Name /establishment. There is hereby es- tablished an advisory committee which shall be named the 'Vision 2000 Community Relations Council". On January 1, 2001, however, the name of this advisory committee shall automatically change to the "Vision 2020 Community Relations Council". (b) Composition. The Vision 2000/Vision 2020 Community Relations Council shall consist of twelve (12) citizen members who shall be resi- dents of the city, appointed by the city council, and four (4) ex -officio members. The four (4) ex -officio members shall be the city manager or his designee, the president of the Cape Girardeau chamber of commerce, the director of the small business development center, and a representa- tive of the city council chosen by its members. Both the appointed members and the ex -officio members will be voting members of this advisory committee. (c) Term of office. The term of office of the appointed members of the Vision 2000/Vision 2020 Community Relations Council shall be as follows: Four (4) members shall serve for a term expiring December 31, 1998; four (4) members shall serve for a term expiring December 31, 1999; and four (4) members shall serve for a term expiring De- cember 31, 2000. As the term of a member ex- pires, the city council shall appoint a successor for a term of three (3) years, beginning the first day of January following the expiration year; except as provided below. All board members whose terms expire prior to December 31, 2000, or any of their successors, may only be appointed or re -appointed to terms expiring on December 31, 2000. There- after, the city council shall appoint all twelve (12) members for new terms as follows: four (4) shall V Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 1, 2000 REGULAR SESSION — MAY 1, 2000 Council convened in regular session on Monday, May 1, 2000, at 7:30 p.m. with Mayor Albert M. Spradling III presiding and Council Members Richard Eggimann, Matt Hopkins, Tom Neumeyer, Jay Purcell, Frank Stoffregen and Hugh White present. The invocation was presented by Rev. Art Hunt, Christ Evangelical Presbyterian Church, and the Pledge of Allegiance was recited. The minutes of the May I, 2000, regular session were approved upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. The agenda was adopted as distributed upon Mr. Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. This being the date set for a public hearing regarding the request of Phillips Development Corporation and Cherry Wood Heights One Limited Partnership to rezone a portion of 801 Good Hope Street from R-4, multiple family residential district, and C-1, local commercial district, to R-4, multiple family residential district, and for a special use permit for a community unit plan for apartments, the hearing was opened. The City Planner's Council Letter in the agenda packet presented for the record a certified copy of the following items: (1) Section 30-39 entitled "Special Use Regulations" from the City Code; (2) the application for special use permit; and (3) the application file. Mr. Jim Williams appeared as a representative of the Phillips Development Corporation and the Haarig Area Redevelopment Corporation in support of the request and to answer any questions. There being no further appearances, the hearing was closed. BILL NO. 2000-107 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 801 GOOD HOPE STREET, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R4 AND C-1 TO R-4 The first reading of BILL NO. 2000-107 was approved upon Mr. Neumeyer's motion, Mr. Stoffregen's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-108 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO PHILLIPS DEVELOPMENT CORPORATION AND CHERRY WOOD HEIGHTS ONE LIMITED PARTNERSHIP, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A COMMUNITY UNIT PLAN FOR APARTMENTS AT 801 GOOD HOPE STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 2000-108 was approved upon Mr. Stoffregen's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 1, 2000 nQ AFT This being the date set for a public hearing regarding the request of Larry and Betty McCulley to rezone a lot in the 400 block of Olive Street from R-2, single family residential district, to R-4, multiple family residential district, the hearing was opened. Mr. Larry McCulley appeared and reviewed a land use study of the neighborhood, including the zoning of surrounding areas. Upon questioning, he indicated he would be constructing one -bedroom apartments. There being no further appearances, the hearing was closed. BILL NO. 2000-109 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF THE 400 BLOCK OF OLIVE STREET, SOUTH SIDE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-2 TO R-4 The first reading of BILL NO. 2000-109 was approved upon Mr. Stoffregen's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. This being the date set for a public hearing regarding the request of Second Baptist Church to rezone the northwest corner of Elm Street and Beaudean Lane from R-2, single family residential district, to R-4, multiple family residential district, the hearing was opened. Rev. Wiley Reeves, Pastor of the church appeared in support of the request and to answer any questions. He stated that the old building will remain on the property, and the church will attempt to register it as a historic landmark. There being no further appearances, the hearing was closed. BILL NO. 2000-110 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF THE NORTHWEST CORNER OF ELM STREET AND BEAUDEAN LANE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-2 TO R-4 The first reading of BILL NO. 2000-110 was approved upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. This being the date set for a public hearing regarding the request of Lonnie and Shirley Moss for a special use permit for repair of air wrenches, air compressors, pressure washers, and automotive equipment, and for retail sales of parts and equipment at 155 South Park Avenue in an R-3, two- family residential district, the hearing was opened. The City Planner's Council Letter in the agenda packet presented for the record a certified copy of the following items: (1) Section 30-39 entitled "Special Use Regulations" from the City Code; (2) the application for special use permit; and (3) the application file. Mr. Lonnie Moss appeared to answer any questions. Mr. Eggimann stated that there were concerns regarding parking in the area, and that parking should he limited. There being no further appearances, the hearing was closed. BILL NO. 2000-111 was given first reading as follows: 4 U Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO LONNIE MOSS AND SHIRLEY MOSS, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING AN AUTOMOTIVE REPAIR AND RETAIL SALES BUSINESS AT 15.5 SOUTH PARK AVENUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Eggimann made a motion, seconded by Mr. Stoffregen to approve the first reading of BILL NO. 2000-111. Mr. Eggimann made a motion, seconded by Mr. Purcell, to amend the special use permit by adding a condition that the only employees of the business shall be Lonnie and Shirley. Moss. The amending motion was approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. This being the date set for a public hearing regarding the request of SEMO University Foundation and Cape Girardeau County for a special use permit for a juvenile justice center on a tract south of Gerhardt Street in Foundation Park in an M -I, light industrial district, the hearing was opened. The City Planner's Council Letter in the agenda packet presented for the record a certified copy of the following items: (1) Section 30-39 entitled "Special Use Regulations" from the City Code; (2) the application for special use permit; and (3) the application file. Mr. Randy Rhodes of the 32"' Judicial Circuit appeared in support of the request. Mr. Terry Shackles appeared on behalf of IBEW Local #1 and requested the Council postpone action on this matter until the union can determine if this facility will have a negative impact on property values in the area. Mayor Spradling responded that the Council must review the request and base its decision on issues such as health, traffic, fire hazards, adverse effects on the character of the neighborhood and other issues as set out in the City code. Mr. Max Stovall appeared on behalf of the Cape Girardeau County Commission in support of the request. He stated that time is of the essence because the present facility is obsolete. There being no further appearances, the hearing was closed. BILL NO. 2000-112 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SEMO UNIVERSITY FOUNDATION AND CAPE GIRARDEAU COUNTY, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A JUVENILE JUSTICE CENTER ON A TRACT SOUTH OF GERHARDT STREET IN FOUNTAIN PARK, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Following comments by the Council, the first reading of BILL NO. 2000-112 was approved upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. This being the date set for a public hearing regarding the request of Keith Deimund Trust and Lynwood Baptist Church for a special use permit to erect a public information sign for Lynwood Baptist Church on the southwest corner of Cape La Croix Road and Lynwood Hills Drive in an C- I, local commercial district, the hearing was opened. The City Planner's Council Letter in the agenda packet presented for the record a certified copy of the following items: (1) Section 30-39 entitled "Special Use Regulations" from the City Code; (2) the application for special use permit; and (3) the application file. There being no appearances, the hearing was closed. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session Max 1. 2000 r% rh This being the date set for a public hearing regarding the request of New Horizon Missionary Baptist Church for a special use permit for a children's day care center at 800 South Sprigg Street in an R-3, two family residential district, the hearing was opened. The City Planner's Council Letter in the agenda packet presented for the record a certified copy of the following items: (1) Section 30-39 entitled "Special Use Regulations" from the City Code; (2) the application for special use permit; and (3) the application file. Mr. Howard McGee, Jr., Pastor of the church, appeared in support of the request. He stated that the facility has already had its initial state health inspection, and 75 percent of the requirements have been completed. The center will be open from 6:00 a.m. to 6:00 p.m. and will accommodate 19 children. There being no further appearances, the hearing was closed. BILL NO. 2000-114 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO NEW HORIZON MISSIONARY BAPTIST CHURCH, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A CHILDREN'S DAY CARE CENTER AT 800 SOUTH SPRIGG STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 2000-114 was approved upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. This being the date set for a public hearing regarding the request of Robert A. Drury for a special use permit for a 195 foot cellular communication tower and equipment pad in the 300 block of South Silver Springs Road in a C-2, general business district, the hearing was opened. The City Planner's Council Letter in the agenda packet presented for the record a certified copy of the following items: (1) Section 30-39 entitled "Special Use Regulations" from the City Code; (2) the application for special use permit; and (3) the application file. Mr. John Saffa of Divine Towers appeared on behalf of the applicant. He explained that this is the final stage for installing AT&T cellular service in the midwest. The existing tower at this location is too short for their purposes. Other companies could co -locate on this tower. There being no further appearances, the hearing was closed. BILL NO. 2000-115 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ROBERT A. DRURY AND TELECORP REALTY, L.L.C.; FOR PURPOSES OF MAINTAINING AND OPERATING A 195 -FOOT CELLULAR COMMUNICATION TOWER AND EQUIPMENT PAD, IN THE 300 BLOCK OF SILVER SPRINGS ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 2000-115 was approved upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. This being the date set for a public hearing regarding the request of Michael A. and Bonnie C. Smith and Summit Enterprises, LLC for a special use permit for community unit plans for apartments on Lots 5 and 6, of Second Amended Plat of Lynwood Hills Estates, in the 2700 block of Lynwood Hills Drive, in an R-4, multiple family residential district, the hearing was opened. The City Planner's Council Letter in the agenda packet presented for the record a certified copy'of the following items: (1) Section 30-39 entitled "Special Use Regulations" from the City Code; (2) Proceedings of the City Council, City of Cape Girardeau, Mo. Reffular Session May 1, 2000 -DRACT s3,M the application for special use permit; and (3) the application file. There being no appearances, the hearing was closed. Mr. White expressed his appreciation to the city staff for the information presented to him and Mr. Hopkins on the tour of city facilities. The following bills were given second and third readings: BILL NO. 2000-95 AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR THE MANNER OF PAYMENT OF THE WORK, OF RODNEY STREET FROM THE NATIONAL GUARD ARMORY TO HAWTHORNE ROAD, FOR A DISTANCE OF APPROXIMATELY 1,600 FEET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 2000-96 AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR THE MANNER OF PAYMENT OF THE WORK, OF WILLIAM STREET FROM SPRIGG STREET EASTERLY TO MAIN STREET, FOR A DISTANCE OF APPROXIMATELY 2,420 FEET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 2000-97 AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR THE MANNER OF PAYMENT OF THE WORK, OF INDEPENDENCE STREET FROM PACIFIC STREET TO SPRIGG STREET, FOR A DISTANCE OF APPROXIMATELY 940 FEET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 2000-98 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO GENEVA NADINE HEUER AND RHODES PROPERTIES, L.C., FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING MINI -WAREHOUSE STORAGE BUILDINGS AT 2301 BLOOMFIELD ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 2000-99 AN ORDINANCE VACATING THE CITY'S INTEREST IN A PORTION OF A UTILITY EASEMENT IN DKR FIFTH SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 2000-100 AN ORDINANCE APPROVING THE RECORD PLAT OF DKR 6T" SUBDIVISION Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 1, 2000 r� BILL NO. 2000-101 AN ORDINANCE APPROVING THE RECORD PLAT OF FARRAR DRIVE SECOND SUBDIVISION The second and third readings of BILL NOs. 2000-9.5, 2000-96, 2000-97, 2000-98, 2000-99, 2000-100, and 2000-101 were approved and the ordinances adopted upon Mr. Stoffregen's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-95 is ORDINANCE NO. 2717; BILL NO. 2000-96 is ORDINANCE NO. 2718; BILL NO. 2000-97 is ORDINANCE NO. 2719; BILL NO. 2000-98 is ORDINANCE NO. 2720; BILL NO. 2000-99 is ORDINANCE NO. 2721; BILL NO. 2000-100 is ORDINANCE NO. 2722; BILL NO. 2000-101 is ORDINANCE NO. 2723. BILL NO. 2000-113 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO KEITH DEIMUND TRUST AND LYNWOOD BAPTIST CHURCH, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A PUBLIC INFORMATION SIGN ON THE SOUTHWEST CORNER OF CAPE LaCROIX ROAD AND LYNWOOD HILLS DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 2000-113 was approved upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-116 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MICHAEL A. SMITH AND BONNIE C. SMITH AND SUMMIT ENTERPRISES, LLC, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING COMMUNITY UNIT PLANS FOR APARTMENTS, IN THE 2700 BLOCK OF LYNWOOD HILLS DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 2000-116 was approved upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-117 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED, PERMANENT DRAINAGE EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS FROM ST. FRANCIS HOSPITAL OF FRANCISCAN SISTERS AND A TEMPORARY CONSTRUCTION EASEMENT FROM CHARLES L. HIRSCH AND MARTHA JANE HIRSCH FOR THE EXTENSION OF SILVER SPRINGS ROAD NORTH OF WILLIAM STREET TO ITS EXISTING TERMINATION POINT SOUTH OF INDEPENDENCE STREET The first reading of BILL NO. 2000-117 was approved upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. FT Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session BILL NO. 2000-119 was given first reading as follows: 1.2000 AN ORDINANCE AMENDING CHAPTER 15 OF THE CITY CODE BY EXTENDING THE ONE-HALF OF ONE PERCENT TRANSPORTATION SALES TAX AND REESTABLISHING THE CITY TRANSPORTATION TRUST FUND, AND CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION WHETHER TO APPROVE THE SALES TAX EXTENSION; DESIGNATING THE TIME OF HOLDING THE ELECTION; AUTHORIZING AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE ELECTION Mr. White made a motion, seconded by Mr. Neumeyer, to approve the first reading of BILL NO. 2000-119. Mr. Eggimann stated that because of this tax, the conditions of the streets and sidewalks in the city have greatly improved, and another five years is needed to complete more projects. Mayor Spradling expressed that it is important to recognize the benefits this program has provided. One new idea that is being presented is additional street maintenance by replacing existing street lights and installing new lights. The motion was approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-103 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LAPPE CEMENT FINISHING, INC., FOR THE SILVER SPRINGS ROAD IMPROVEMENT The reading of BILL NO. 2000-103 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-103 is RESOLUTION NO. 1560. BILL NO. 2000-104 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH APEX PAVING COMPANY, FOR THE 2000-1 STREET OVERLAY PROGRAM The reading of BILL NO. 2000-104 was approved and the resolution adopted upon Mr. Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-104 is RESOLUTION NO. 1561. BILL NO. 2000-105 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JOKERST, INC., FOR THE 2000-1 SLURRY SEAL PREPARATION The reading of BILL NO. 2000-105 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-105 is RESOLUTION NO. 1562. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session BILL NO. 2000-106 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ROBINSON MECHANICAL CONTRACTORS D/B/A ROBINSON CONSTRUCTION COMPANY FOR THE SANITARY SEWER IMPROVEMENT PROGRAM, LIFT STATIONS AND FORCE MAIN The reading of BILL NO. 2000-106 was approved and the resolution adopted upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-106 is RESOLUTION NO. 1563. BILL NO. 2000-118 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO AGREEMENT FOR ENGINEERING SERVICES WITH STRICKLAND ENGINEERING, FOR THE INDEPENDENCE STREET RECONSTRUCTION FROM PACIFIC STREET TO SPRIGG STREET The reading of BILL NO. 2000-118 was approved and the resolution adopted upon Mr. Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, it Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-118 is RESOLUTION NO. 1564. BILL NO. 2000-120 was presented as follows: A RESOLUTION AUTHORIZING APPLICATIONS TO THE MISSOURI DEPARTMENT OF SOCIAL SERVICES UNDER THE EMERGENCY SHELTER GRANT PROGRAM, FOR SAFE HOUSE FOR WOMEN, INC. AND THE SALVATION ARMY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS The reading of BILL NO. 2000-120 was approved and the resolution adopted upon Mr. Stoffregen's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-120 is RESOLUTION NO. 1565. BILL NO. 2000-121 was presented as follows: A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION The reading of BILL NO. 2000-121 was approved and the resolution adopted upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-121 is RESOLUTION NO. 1566. BILL NO. 2000-122 was presented as follows: Proceedings of the City Council, City of Cape Gir5WA lAa Regular Session May 1, 2000 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH MISSOURI ELECTRIC WORKS, INC. SITE TRUST FUND, AND STATE STREET BANK AND TRUST COMPANY OF MISSOURI, N.A., FOR REAL PROPERTY CLEANUP The reading of BILL NO. 2000-122 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-122 is RESOLUTION NO. 1567. BILL NO. 2000-123 was presented as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, IN SUPPORT OF DELAYING CONGRESSIONAL ACTION ON THE INTERNET TAX MORATORIUM The reading of BILL NO. 2000-123 was approved and the resolution adopted upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-123 is RESOLUTION NO. 1568. Mr. Larry Westrich was appointed to the Planning and Zoning Commission for a term expiring November I, 2001, upon Mr. Purcell's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mr. Melvin Gateley was appointed an ex -officio member of the Public Awareness Advisory Board upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mr. Stoffregen made a motion, seconded Mr. Purcell, to approve a temporary 5% beer by the drink license for Louis K. Juden Post 63 AL for an event to be held at the A. C. Brase Arena Building on June 2-4, 2000. The motion was approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mr. Neumeyer made a motion, seconded by Mr. Purcell, to conditionally approve the following liquor license renewals. The motion was approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Retail Liquor by the Drink and Sunday Sales Eateries, Inc. d/b/a Garfield's Restaurant & Pub, 3049 William, West Park Mall Suite 211, Carla Jean Williams, Managing Officer EI Torero, Inc. d/b/a EI Torero Mexican Restaurant, 2120 William, Delia Trejo, Managing Officer Helwege, Gary d/b/a BG's Olde Tyme Deli Inc, 205 S. Plaza Way, Gary Helwege, Managing Officer Wholesalers of Malt Liquor Not in Excess of 5% Thilenius Distributing Co. d/b/a River Eagle Distributing, 2346 Rust Ave, Gene H. Patterson, Managing Officer Original Package 5 % Beer Gates, Dwight R. d/b/a Dwight's Town Plaza Amoco, 2148 William, Dwight g. Gates, Managing Officer Proceedings of the City Council, City of Cape Girardeau, Mo. Regular session May 1, 2000 MAFT S % Beer by the Drink Chan Po Chun d/b/a Chan's Restaurant, 1 159 N. Kingshighway, Chan Po Chun, Managing Officer S% Beer by the Drink and Sunday Sales Cape Girardeau Missouri Parks Development Foundation d/b/a Shawnee Park Sports Complex, 1 157 S. West End Blvd., Daniel D. Moser, Managing Officer Regarding the Public Awareness Advisory Board, Mr. Eggimann made a motion, seconded by Mr. Purcell, to amend the operating procedures of the Board by removing the Convention and Visitors Bureau Director from the required appointees. The motion was approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mr. Eggimann explained that in the past the Public Information Officer reported to the Convention and Visitors Bureau Director, and therefore, the Director was on the Board. However, the position has changed, and the Public Information Officer now reports directly to the City Manager. The preliminary plat of Crites Eleventh Addition was approved upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. There being no further business, the Council adjourned upon Mr. Neumeyer's motion, Mr. Stoffregen's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. A. M. Spradling 111, Mayor Gayle L. Conrad, City Clerk AIRPORT BOARD MINUTES April 11, 2000 Mac's Smokehouse Airport Restaurant Members Present: Harry Drummond, John Ferguson, Wm. Gerry Keene, III, Mark Seesing, Jim Trickey, J. Fred Waltz Members Absent: Dan Overbey, Steve Robertson, Jim Withers Others Present: Bruce Loy, Airport Manager; Carol Peters, Administrative Secretary; David llisters, Mac's Smokehouse Airport Restaurant; Skip Smallwood, Ameren UE I. MINUTES OF PREVIOUS MEETING Mr. Ferguson made a motion to approve the minutes of the March 14, 2000 seconded the motion. The motion passed by unanimous vote. II. OLD BUSINESS B. Air Festival Update — Mr. Loy invited the board to ival held a eks. The next meeting is scheduled for April 13, 2000. Addit' for ow me Navy F-18 demonstration and the Formula One Racers. u ce of ven s which race up to 250 mph in an oval formation. Mr. Loy t to d Jo a Girar ty Commission, requesting that in for eve project help support the air festival. A r yet be o J ship 1 needed for the air festival. Mr. Loy requ sis ing wi ates a opportunities available for air festiva C. Mo xplain the irs w will be held Saturday, May 20, 200 ent z SEMO er on. The airport will supply tents, porta- potti dverti the Last y approximately 1,000 to 2,000 people to the airp D. Mis to L — ven't anges as of yet to the Missouri Airport Protection Act. Mr. o to Je ity mittee h on Senate Bill 1061 which pertains to the jet fuel tax appy E. AT sal f ina Loy only received responses from three or four of the local banking inti hic ent le egarding the placement of one of their ATM's in the terminal building. Non ested the idea. He has received a proposal from a company who would like to olac inal and take care of everything themselves. Mr. Loy will continue to try reaching F. Har.There Options — There was no new information to discuss regarding this issue. G. AvPost — Mr. Loy reported the first meeting of the Aviation Explorer Post was held April 6, ere three individuals in attendance and three more called to relay their interest in becr. The next meeting will be held April 17, 2000. H. FAA Annual Certification Inspection Update — Mr. Loy reported the airfield signs have been changed and the runway hold line markings have been painted per the recommendation of Mr. Mike Mullins, FAA Inspector. An agreement has been made with Mr. Ron Burger for placement of a gate for security purposes on the farmer's access road at the end of Runway 20. During the inspection, it was noted that we had crops growing in the Obstacle Free Area (OFA). Crops are considered an obstacle and so therefore, we have approximately 100 more acres to maintain. The airport does not own all of the land considered as part of the OFA. Some land acquisition will need to be placed in the Master Plan to acquire the land necessary to come into compliance with the OFA regulations. IV. NEW BUSINESS A. Airline Operations — Corporate Airlines will begin operations in Cape Loy will be meeting with Mr. Chuck Howie, President of Corporate Airli Howie has mentioned he is aware of some of TransStates problems and Loy will try to arrange lunch with Mr. Howie giving the board members B. U. S. Army Blackhawk Operations — Mr. Loy reported on a visit with repro 29. They plan on having some military training in this area from August 15 stage six Blackhawk helicopters. Mr. Loy gave them a tour of Air Evac and 1 utilize the Lipps building and are willing to contract $2,000 for the use of thfA C. Beacon Light Adjustment — Mr. Loy asked the board to pay have had several reports of the beacon being aimed incorrectly specifications and are waiting for responses from pilots as toid D. Boards and Commissions Ordinance- At the ordinance relating to city boards and com attendance record. A board membe E consecutive mee ' or four me tifEffin reappoint that . curre of E. City ID golf cqA 1 2000. Mr. Oril 19. Mr. out. Mr. ith him. Pimm on March eded a place to would prefer to at night. We Oved a new nce is the hisses three council can needed for access to the F. AgricjW,bsetacleW ase— Farms h tiation of their lease due to the increase in acres ults in ber of acres leased to them for agricultural V. NON - Industrial De ent — wil ussing industrial development and the Master Plan scope of work with represent Cra urp illey, Inc. in May at the annual FAA Airports Conference in Kansas City, VI. ADJOU V There bein to discuss Mr. Ferguson made a motion to adjourn. Mr. Seesing seconded the motion. The meeting w M. Minutes prepar rs, Administrative Secretary Minutes Appro J. Fred Waltz Chairman Airport Advisory Board 0 Cable Television Citizens Commission Meeting April 18, 2000 Notes Present: Dr. Jim Dufek, Chairman Dr. Peter Hirschburg, Secretary Susan Hekmat Laura Holloway Roy Jones Tracey Glenn, Public Information Officer Absent: Dr. Bruce Mims, Vice Chairman Dr. Steve Del Vecchio Rick Lambert Mark Lanzotti Dan Rau Robert Sumner There was no quorum present. The next Cable Television Citizens Commission Meeting will be held Tuesday, May 16, 2000, at 6:00 PM in the Public Information Office, 100 Broadway. Public Information Office DRAFT Public Awareness Advisory Council Meeting April 17, 2000 MINUTES Present: Councilman Jay Purcell, Chairman Councilman Richard Eggimann, Vice -Chairman Michael G. Miller, City Manager Walter Denton, Assistant City Manager Tracey Glenn, Public Information Officer Absent: None Call to Order - The meeting was called to order by Chairman Jay Purcell. Approval of Minutes — Mr. Eggimann made a motion to approve the minutes of the March 20, 2000 meeting. Mr. Miller seconded and the motion passed unanimously. Staff Report: Old Business - • Held Recycling Center Ribboncutting March 31 • Participated in Youth in Government Day April 5 New Business - • Scheduled May 15 Project Impact Disaster Kit event date • Working on draft for joint studio agreement • Scheduling TTF2 Presentations to service clubs Other Mr. Miller mentioned that we would prepare for the next City Council meeting whatever adjustment necessary to drop the CVB Director position from the motion requiring presence on this board. Mr. Denton said that he had put information online for Transportation Trust Fund 2 information gathering. The next meeting was set for May 15, 2000, at 4 p.m. Mr. Eggimann made a motion to adjourn and Mr. Miller seconded it.