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HomeMy WebLinkAboutCouncil.Agenda.08-21-2000.PacketCITY COUNCIL MEETING AGENDA fl� August 21, 2000 Cape Girardeau, Missouri CITY OF CAPE GIRARDEAU, MISSOURI 401 Independence Street City Council Agenda Monday, August 21, 2000 7:30 p.m. Invocation - Rev. Rev. Bill Burke, First Church of the Nazarene Pledge of Allegiance Call to Order Roll Call Council Meeting Minutes - August 7, 2000, Regular and Executive Sessions August 11, 2000, Special and Executive Sessions Adoption of the Agenda Appearances 1. Presentation by the River Campus Board of Managers. Letter No. 303 Action 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. 2000-183, an Ordinance approving the record plat of Kammann Randol Subdivision. Second and Third Readings. Letter No. 266 Action City Council Agenda Page 2 August 21, 2000 7. BILL NO. 2000-185, an Ordinance readopting Sections 2-76 to 2-83 of the City Code relating to conflicts of interest. Second and Third Readings. Letter No. 267 Action 8. BILL NO. 2000-188, an Ordinance amending Chapter 30 of the Code of Ordinances by changing the zoning of Lots 1, 2 and 3 of Mount Auburn Subdivision No. 7, from R-2 to R-3. Second and Third Readings. Letter No. 269 Action 9. BILL NO. 2000-191, an Ordinance amending Chapter 30 of the Code of Ordinances by changing the zoning 1925 Broadway from R-2 to C-1. Second and Third Readings. Letter No. 270 Action 10. BILL NO. 2000-192, an Ordinance granting a special use permit to Douglas J. and Elizabeth A. Hileman for purposes of maintaining and operating a home-based business at 1744 Luce 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. 271 Action 11. BILL NO. 2000-195, an Ordinance vacating the city's interest in a portion of a utility, sewer and drainage easement in Twin Lakes Subdivision. Second and Third Readings. Letter No. 273 Action City Council Agenda Page 3 August 21, 2000 12. BILL NO. 2000-196, 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 Timon Way from Big Bend Rd. to Dumais Dr.; DePaul Ln. from Country Club Dr. to driveway; Donna Ln. from Timon Way to the dead end; N. Lorimier St. from Mill St. to Pearl St.; Pearl St. from N. Lorimier St. to Fountain St.; Hunters Ln. from Boulder Crest Dr. to the dead end; Collins St. from Mt. Auburn Rd. to Hunze Dr.; Hunze Dr. from Hopper Rd. to Collins St.; and Hill St (Riverview Dr.) from Rand St. to Johnson St., known as the 2000-1 4 inch asphaltic pavement program of the Transportation Trust Fund. Second and Third Readings. Letter No. 274 Action 13. BILL NO. 2000-199, an Ordinance accepting general warranty deeds, pennanent drainage easements and a temporary construction easement from D & D Cape Investments, LP, Armstrong Heritage, Inc. and Wilver W. and Dolores H. Wessel for the Mt. Auburn South Project. Second and Third Readings. W Action Letter No. 275 14. BILL NO. 2000-202, an Ordinance providing for the levying of the annual city revenue tax; library fiend tax; public health tax; debt service fund tax; Special Business District No. 2 tax for the fiscal year ending on the 30°i day of June, 2001. Second and Third Readings. Letter No. 277 Action 15. BILL NO. 2000-208, an Ordinance accepting a permanent sanitary sewer and utilities easement from Cape Retirement Community for a sanitary sewer extension and water main extension to serve the Chateau Girardeau retirement complex. Second and Third Readings. Letter No. 278 Action City Council Agenda Page 4 August 21, 2000 floi New Ordinances 16. BILL NO. 2000-186, an Ordinance amending Chapter 30 of the Code of Ordinances by changing the zoning of 327 South Lorimier Street from R-4 to C-2. First Reading. BILL NO. 2000-187, an Ordinance granting a special use permit to Larry W. Stone for purposes of constructing, maintaining and operating mini -storage units at 327 South Lorimier Street. First Reading. (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. 304 Action 17. BILL NO. 2000-212, an Ordinance accepting a storm drainage easement from Kidd II, Inc. for relocation of a stone sewer line at 103 N. Kingshighway. First Reading. Letter No. 305 Action 18. BILL NO. 2000-213, an Ordinance accepting pennanent and temporary easements from Greater Cape Girardeau Area Benevolent Association and Biokyowa, Inc. for right-of-way to construct and maintain a rail spur in the Nash Road Industrial Park. First Reading. Action Letter No. 306 Revolatinnv 19. BILL NO. 2000-211, a Resolution authorizing the City Manager to execute amendment no. 7 to the professional services agreement with Sverdrup Civil, Inc. for the sanitary sewer improvement program. Reading and Passage. Action n Letter No. 307 City Council Agenda Page 5 August 21, 2000 t 20. BILL NO. 2000-214, a Resolution authorizing the City Manager to execute an agreement with ASA Asphalt, Inc. for the 1000-1 4 inch pavement program. Reading and Passage. Letter No. 308 Action 21. BILL NO. 2000-215, a Resolution authorizing the City Manager to execute an agreement with Am Rail Construction, Inc. for the Biokyowa rail spur extension project Phase I. Reading and Passage. Letter No. 309 Action 22. BILL NO. 2000-216, a Resolution authorizing the City Manager to execute an agreement with Brotcke Well & Pump, Inc. for the Cape Rock water treatment plant expansion and alluvial well field constriction, well drilling phase I. Reading and Passage. Letter No. 310 Action Appointments 23. Appointment to the Historic Preservation Commission. Letter No. 311 Action 24. Appointment to the Board of Appeals. Letter No. 312 Action 25. Appointment to the Parks & Recreation Advisory Board. Letter No. 313 Action City Council Agenda Page 6 ,August 21, 2000 Other 26. A motion approving the revised sanitary sewer improvement plans for the relocation of a sanitary sewer to serve Rhodes 101 Convenience Store on North Sprigg Street. Letter No. 314 Action 27. Discussion regarding changing the meeting times for the Cape Girardeau City Council. Letter No. 291 Action 28. Discussion regarding the liquor license ordinance. Letter No. 315 Action 29. Other business. 30. 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, August 21, 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. CITY OF CAPE GIRARDEAU 0 Office of the City Manager Council Letter No. 303 Agenda August 21, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: River Campus Board of Managers Dear Mayor and Council Members: In January of 1999 the City entered into an Amended and Restated Cooperation Agreement for St. Vincent Seminary Property with Southeast Missouri State University. Under this agreement, a Board of Managers was established to propose written policies for the use of the River Campus facility and to supervise the use of the facility. The Board members were appointed in August of 1999, and they began meeting shortly thereafter. Attached is a letter from Jerri Malone -Wyman, Chairman of the River Campus Board of Managers. She is requesting that the Board be allowed to give a short presentation to the City Council reviewing the activities of the Board over the last year. This item is placed on your agenda for consideration. GLC:MGM:gc 61 Respectfully submitted, Gayle L. onrad City rk Michael G. Miller City Manager , r.,u nvo U o ..Iw1 Merriwether Investments, Inc. 20 North Spanish Street Cape Girardeau, Mo 63701 Phone: 573-651-1916 Ms. Gail Conrad Office of the City Manager 401 Independence Cape Girardeau, Mo 63703 Dear Ms. Conrad and Members of the City Council, On behalf of the Board of Managers for the River Campus, I would like to request a few min- utes of the city councils time at the August 21 meeting. As you probably know, our board was formed a year ago. Our objective is to deal with city and university issues that govern the com- mon ommon areas of the campus. We have separated our work into three phases: Phase I: community and faculty input with emphasis on the total project and museum Phase II: community and faculty input on performance theatres, scenic overlook and tourist center Phase III: operating procedures for the joint facilities I think the council will be very interested in a short synopsis of the last year in review. They may also have questions for us. We would be privileged to have a few moments of their time. If you could, would you please see that a representative of the River Campus Board of Manag- ers is on the August 21 agenda? Should you have any questions or if there is any problem with this, please feel free to call me. M10 e -Wyman Chairman, Board of Managers W the River Campus �j CONSENT ORDINANCES sil CITY OF CAPE GIRARDEAU 0 Office of the City Manager Council Letter No. 266 Agenda August 7j. 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Record Plat of Kammann Randol Subdivision The Planning Services Office received a subdivision plat for Kammann Real Estate Company, Inc. to be presented to the Planning and Zoning Commission for review and approval. The initial plat was only one lot, and staff requested that the plat be revised to include additional lots that were affected by the creation of this lot. A revised plat was received on July 10, 2000, and was forwarded to the Engineering Division for technical review. This subdivision plat was approved by the Planning and Zoning Commission at their meeting on July 12, 2000, subject to any technical corrections required to be made prior to forwarding the plat to Council for approval. The vote to approve the plat was 9 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. submitted, I �a . Bratton r of Planning Services Michael G. Miller City Manager KBM/MGM/rlf BILL NO. 2000-18i ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF KAMMANN RANDOL SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Kammann Randol Subdivision, a resubdivision of Lot 1, Lot 2 and a part of Lot 3 of Randol Commercial Park Subdivision, part of Lot No. 1 of the Rodney 400 Arpen Tract of a subdivision of U.S.P. Survey 2199, Township 30 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, Missouri, submitted by David H. Lemmon and Patricia A. Lemmon, Randol Family Trust, and Dorothy K. Randol, bearing the certification of R. Christopher Bowen, a Registered Land Surveyor, dated July 31, 2000. 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 01*1 ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 20 . ATTEST: Gayle L. Conrad City Clerk n A. M. Spradling, III, Mayor 4AMA'J LOOSE In g < PE4SCpT SIP a 7A nr rTFRCR pR eataAu �, 8 aDv $$ DR �'ca A sT AHN N x DR. d 4 OKI 1 I 3 ✓ MITER Sf 7 ROSE d'�Sy�+3 WOOD" CfOUA st s[ < AK. qR z i A uE DR 3 ' ARENA y,RUCC �p+R b EAYCFE PARK BROADWAY jq CHERRY HILLrtonmaOD 3 MALKEIi k' k 4 S-ENAN o V 4405A Si. ( F#pO I $T. 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LU E. i e LU ul F • �// �� .4{r� Shy' � CL � -iyYya Z - W h W W ' y o Q _ c � W y i it S- _ • \ ce.oi .....o... �� N CITY OF CAPE GIRARDEAU, MISSOURI 0 Office of the City Manager Council Letter No. 267 Agenda August 7, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau Dear Mayor and Council Members: SUBJECT: CONFLICTS OF INTEREST ORDINANCE On April 20, 1992, the City Council adopted Ordinance No. 1158 which amended a portion of Chapter 2 of the City Code relating to "Conflicts of Interest". These amendments were approved in order to bring the city into compliance with the new State statutes relating to Conflicts of Interest. The State statute required us to enact certain provisions in our Code and these were included in Ordinance No. 1158. Section 105.485 of the Revised Statutes of Missouri requires readoption of this ordinance biennially prior to September 15. These sections were last updated and readopted by the City Council on August 17, 1998. Accordingly, we have prepared the attached ordinance for your consideration for first reading. This ordinance makes no changes to the City Code, but only reaffirms and readopts existing sections. Respectfully submitted, W. Eri Cunningham City t ey G. M er City Manager WEC/MGM/dgn A BILL NO. 2000-185 ORDINANCE NO. AN ORDINANCE READOPTING SECTIONS 2-76 TO 2-83 OF THE CITY CODE RELATING TO CONFLICTS OF INTEREST BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. sections 2-76, 2-77, 2-78, 2-79, 2-80, 2-81, 2- 82 and 2-83 of the Code of Ordinances of the City of Cape Girardeau, Missouri, are hereby re-enacted, in words and figures, to read as follows: Sec. 2-76. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Adversary proceedings means any proceedings in which a record of the proceedings may be kept and maintained as a public record at the request of either party by a court reporter, notary public or other person authorized to keep such record by law or by any rule or regulation of the agency conducting the hearing; or from which an appeal may be taken directly or indirectly, or any proceeding from the decision of which any party must be granted, on request, a hearing de novo; or any arbitration proceeding; or a proceeding of the personnel review board of the city. Business entity means a corporation, association, firm, partnership, proprietorship, or business entity of any kind or character. Business with which he is associated means any sole proprietorship owned by himself or his spouse, any partnership or joint venture in which he or his spouse is a partner, any corporation in which he is an officer or director or creditor or any trust in which he or his spouse or dependent child is a beneficiary or holder of a reversionary interest of the corpus of the trust. Confidential information means all information whether transmitted orally or in writing which is of such a nature that it is not, at that time, a matter of public record or public knowledge. Dependent child in his custody means all children, stepchildren, foster children and wards under the age of eighteen (18) residing in his household and who receive in excess of fifty (50) percent of their support from him. Public document means a state tax return or a document or other record maintained for._ --public inspection without limitation on the right of access to it and a document filed in a juvenile court proceeding. Substantial interest means ownership by the individual, or his spouse, directly or indirectly, of any business entity or interest, either as an owner or creditor, or the receipt by an individual or his spouse of a salary, gratuity or other compensation or remuneration from any individual, partnership, organization or association or one (1) who has acted as a guarantor or who has executed any credit instrument on behalf of any such individual, partnership, organization or association. Substantial personal or private interest in any measure or bill means any interest in a measure or bill which results from the combined definitions of "business entity" and "substantial interest." Sec. 2-77. Prohibited acts by elected, appointed officials, employees --Generally. No elected or appointed official or employee of the city shall: (1) Act or refrain from acting in any capacity in which he is lawfully empowered to act as such an official or employee by reason of any payment, offer to pay, promise to pay, or receipt of anything of actual pecuniary value other than compensation to be paid by the city. (2) Use confidential information obtained in the course of or by reason of his employment or official capacity in any manner with intent to result in financial gain for himself, his spouse, his dependent child in his custody, or any business with which he is associated. (3) Disclose confidential information obtained in the course of or by reason of his employment or official capacity in any manner with intent to result in financial gain for himself or any other person. (4) With respect to any contract or transaction which is or may be the subject of an official act or action of the city, without proper legal authorization 2 or official authority, disclose confidential information concerning the property, real estate, personal affairs, or legal affairs of the city to any individual or entities outside of the city council or city staff, or use such information to advance the financial or other private interest of himself or others. Sec. 2-78. Same --Executive, administrative capacity. No elected or appointed official or employee of the city, serving in an executive or administrative capacity, shall: (1) Perform any service for the city for receipt or payment of any compensation, other than of the compensation provided for the performance of his official duties, in excess of five hundred dollars ($500.00) per transaction or one thousand five hundred dollars ($1,500.00) per annum, except on transactions made pursuant to an award on a contract let or sale made after public notice and competitive bidding, provided that the bid or offer is the lowest received. (2) Sell, rent or lease any property to the city and receive consideration therefor in excess of five hundred dollars ($500.00) per transaction or one thousand five hundred dollars ($1,500.00) per year unless the transaction is made pursuant to an award on a contract let or sale made after public notice and in the case of property other than real property, competitive bidding, provided that the bid or offer accepted is the lowest received. (3) Participate in any matter, directly or indirectly, in which he attempts to influence any decision of the city when he knows the result of such decision may be the acceptance of the performance of a service or the sale, rental, or lease of any property to the city for consideration in excess of five hundred dollars ($500.00) value per transaction or one thousand five hundred dollars ($1,500.00) value per annum to him, to his spouse, to a dependent child in his custody or to any business with which he is associated unless the transaction is made pursuant to an award on a contract let or sale made after public notice and in the case of property other than real property, competitive bidding; provided that the bid or offer accepted is the lowest received. (4) Perform any services during the time of his office or employment for any consideration from any person, other than the compensation provided for the 3 performance of his official duties, by which service he attempts to influence a decision of the city. (5) Perform any service for consideration, during one (1) year after termination of his office or employment, by which performance he attempts to influence a decision of the city, except that. this provision shall not be construed to prohibit any person from performing such service and receiving compensation therefor, in any adversary proceeding or in the preparation or filing of any public document. (6) Perform any service for any consideration for any person after termination of his office or employment in relation to any case, decision, proceeding or application with respect to which he was directly concerned or in which he personally participated during the period of his service or employment. Sec. 2-79. Same--Councilmembers. (a) No member of the city council shall: (1) Perform any service for the city or any agency of the city for any consideration other than the compensation provided for the performance of his official duties. (2) Sell, rent or lease any property to the city for consideration in excess of five hundred dollars ($500.00) per transaction or one thousand five hundred dollars ($1,500.00) per annum unless the transaction is made pursuant to an award on a contract let or sale made after public notice and in the case of property other than real property, competitive bidding, provided that the bid or offer accepted is the lowest received. (3) Attempt, for any compensation other than the compensation provided for the performance of his official duties, to influence the decision of the city on any matter; except that, this provision shall not be construed to prohibit such person from participating for compensation in the preparation or filing of any public document. (b) No sole proprietorship, partnership, joint venture or corporation in which any member of the city council is the sole proprietor, partner, coparticipant or owner of in excess of ten (10) percent of the outstanding shares of any class of stock, shall: (1) Perform any service for the city for any consideration in excess of five hundred dollars 4 LN ($500.00) per transaction or one thousand five hundred dollars ($1,500.00) per annum unless the transaction is made pursuant to an award on a contract let after public notice and competitive bidding, provided that the bid or offer accepted is the lowest received. (2 ) Sell, rent or lease any property to- - t:he city where the consideration is in excess of five hundred dollars ($500.00) per transaction or one thousand five hundred dollars ($1,500.00) per annum unless the transaction is made pursuant to an award on a contract let or a sale made after public notice and in the case of property other than real property, competitive bidding, provided that the bid or offer accepted is the lowest received. Sec. 2-80. Exceptions to this article. (a) No provision of this article shall be construed to prohibit any person from performing any ministerial act or any act required by order of a court or by law to be performed. (b) No provision of this article shall be construed to prohibit any person from communicating with the city attorney concerning any prospective claim or complaint then under consideration not otherwise prohibited by law. (c) No provision of this article shall be construed to prohibit any person from receiving compensation for property taken by the city under the power of eminent domain in accordance with the provisions of the constitution and the laws of the state. Sec. 2-81. Procedure to disclose potential conflicts of interest and substantial interests. (a) Declaration of policy. The proper operation of municipal government requires that public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a procedure for disclosure by certain officials and employees of private financial or other interests in matters affecting the city. 5 (b) Conflicts of interest. The mayor or any✓ member of the city council who has a substantial personal or private interest as defined by this chapter in any matter before the council shall disclose on the minutes of the city council the nature of that interest and shall be disqualified from voting on, discussing with the council, or talking to staff on any matters relating to this interest. (c) Disclosure reports. Each elected official, the city manager, the chief purchasing officer and the city attorney (if employed full-time) shall disclose the following information by May first if any such transactions were engaged in during the previous calendar year: (1) For such person, and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to each transaction with a total value in excess of five hundred dollars ($500.00), if any, that such person had with the political subdivision, other than compensation received as an employee or payment of any tax, fee or penalty due to the political subdivision, and other than transfers for no consideration to the political subdivision; and (2) The date and the identities of the parties to each transaction known to the person with a total value in excess of five hundred dollars ($500.00), if any, that any business entity in which such person had a substantial personal or financial interest, had with the political subdivision, other than payment of any tax, fee or penalty due to the political subdivision or transactions involving payment for providing utility service to the political subdivision, and other than transfers for no consideration to the political subdivision. (3) The city manager officer and the chief purchasing officer also shall disclose by May first for the previous calendar year the following information: a. The name and address of each of the employers of such person from whom income of one thousand dollars ($1,000.00) or more was received during the year covered by the statement; b. The name and address of each sole proprietorship that he owned; the name, address and the general nature of the business conducted of each general partnership and joint venture in which he was a partner or participant; the name and address of each partner or coparticipant for each partnership or joint A venture unless such names and addresses are filed by the partnership or joint venture with the secretary of state; the name, address and general nature of the business conducted of any closely held corporation or limited partnership in which the person owned ten (10) percent or more of any class of the outstanding stock or limited partnership units; and the name.__4o-f any publicly traded corporation or limited partnership that is listed on a regulated stock exchange or automated quotation system in which the person owned two (2) percent or more of any class of outstanding stock, limited partnership units or other equity interests; C. The name and address of each corporation for which such person served in the capacity of a director, officer or receiver. (4) In addition to all of the other information required to be disclosed by the provisions of this chapter, the mayor and each member of the city council shall report the following information for themselves, their spouses and each of their dependent children. This additional information shall be included with the other material included with the financial interest statements required to be filed by this chapter and shall be filed according to the same schedules and deadlines for such other reports: a. Any sole proprietorships owned, general partnerships or joint ventures, in which they are a partner or coparticipant; and closely held corporations or limited partnerships where they own any outstanding stock or financial interest. b. Any City of Cape Girardeau licenses held personally or by any of the entities included in section 2-81(c)(1). C. Address and description of any real estate owned in Cape Girardeau or Scott County. d. Any corporation where they serve as director, officer or receiver. Copies of these reports shall be kept at the city clerk's office and shall be available to the public for inspection during regular office hours of the city clerk. (d) Filing of reports. The reports in the attached format (Exhibit A), shall be filed in duplicate with the city clerk and with the secretary of state prior to January 1, 1993, and thereafter with the ethics commission. The reports shall be available for 7 public inspection and copying during normal business hours. (e) When filed. The financial interest statements shall be filed at the following times, but no person is required to file more than one (1) financial interest statement in any calendar year; (1) Each person appointed to office shall file the statement within thirty (30) days of such appointment or employment; (2) Every other person required to file a financial interest statement shall file the statement annually not later than May first and the statement shall cover the calendar year ending the immediately preceding December 31; provided that any member of the city council may supplement the financial interest statement to report additional interests acquired after December 31 of the covered year until the date of filing of the financial interest statement. Sec. 2-82. Distribution of conflict of interest ordinance. The city clerk shall cause a copy of this chapter to be distributed to every public officer and employee of the city. Each public officer and employee elected, appointed or engaged thereafter shall be furnished a copy before entering upon the duties of his office or employment. Sec. 2-83. Procedures --Penalties. If any elected official violates any provision of sections 2-76 through 2-82, inclusive, whether wilfully or unintentionally, that official is subject to the procedures and penalties set out in this section. (1) By a motion of a city council meeting, any council member may request a public hearing with respect to a violation of any provision of sections 2- 76 through 2-82, inclusive, by any elected official. Such motion shall include details as to the identity of the elected official in question and the facts and circumstances supporting the movant's allegation of such violation. (2) If such motion is adopted by the council, a public hearing into the matter shall be held within thirty (30) days. At such public hearing, the movant shall first present all particulars relating to the alleged violation and the accused elected official FV shall then be afforded the opportunity to rebut the charges. (3) If the council determines that such violation has occurred, the council may, by resolution, censure the official. Such finding of the council may also be the basis for a proceeding for forfeiture of of-fice or impeachment of such elected official. Secs. 2-84--2-95. Reserved. ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 20 ATTEST: Gayle L. Conrad City Clerk w A. M. Spradling, III, Mayor G 1. TIME PERIOD COVERED BY THIS 2. 1 YFt Ur s I A I tMtN I •�"� i''�• MISSOURI ETHICS COMMISSION STATEMENT FINANCIAL DISCLOSURE STATEMENT FROM ❑ NEW THROUGH FOR POLITICAL SUBDIVISIONS ❑AMENDED 3, NAME 4. SPOUSE'S NAME ADDRESS 5. DEPENDENT CHILDREN 6. POLITICAL SUBDIVISION 7. TITLE (NOTE: The following information is required from each elected official, chief administrative officer, chief purchasing officer, full- time general counsel and officials or employees authorized by the governing body of the political subdivision to promulgate or vote on rules and regulations.) 8. List transactions you, your spouse, children or parents had with the political subdivision listed in item 6 (other than compensation received as an employee, for payment of taxes, fees or penalties, or transfers for no consideration) valued at more than $500. PARTIES TO THE TRANSACTION DATE 9. List transactions which any business entity in which you, your spouse or children, hold a substantial interest (ownership of 10% of the business entity, or interest valued at $10,000 or more, or from which a salary, gratuity or other compensation of $5,000 or more is paid per calendar year) had with the political subdivision listed in item 6 valued at more than $500. Do not include payment of taxes, fees or penalties due to the political subdivision or transactions involving payment for providing utility service to the political subdivision, or transfers for no consideration. DATE PARTIES TO THE TRANSACTION 10. COMPLETE AND SIGN THIS SECTION FILING INFORMATION This form is to be filed with the Missouri Ethics CHECK ONE: Commission and with the governng body of the ❑ I certify that I have disclosed all interests concerning the required financial political subdivision listed in item 6 above. The information. clerk of such governing body shall maintain such OR disclosure reports available for public inspection and copying during normal business hours. ❑ I certify that I have disclosed all interests concerning the required . _ncial If additional space is needed, attach additional information and further certify that my spouse has refused or failed to provide information concerning his or her financial interests and that I have no pages. knowledge of such interests. Missouri Ethics Commission P.O. Box 1370 �„ CD•c CIRNATI lac (NOTE: The following information is required from the chief administrative officer and chief purchasing officer only. Information given pertains to filer, spouse and dependent children.) tnnrLUYMtNI: L.Ist the name and address of each employer from whom you received income of $1,000 or more during the period covered by this statement. EMPLOYER'S NAME ADDRESS WHO RECEIVED INCOME 12. SOLE PROPRIETORSHIPS: List each sole proprietorship owned. NAME OF SOLE PROPRIETORSHIP ADDRESS 13. GENERAL PARTNERSHIPS, JOINT VENTURES: List each general partnership and joint venture in which you are a partner or participant, and the names of partners or coparticipants unless such names and addresses are filed with the Missouri Ethics Commission. NAME OF GENERAL PARTNERSHIP OR JOINT VENTURE ADDRESS GENERAL NATURE BUSINESS NAME AND ADDRESS OF PARTNERS OR COPARTICIPANTS 14, LIMITED PARTNERSHIPS, CLOSELY -HELD CORPORATIONS: List the name of any closely -held corporation or limited partnership in which you own ten percent (10%) or more of any class of the outstanding stock or units. NAME OF LIMITED PARTNERSHIP OR CLOSELY -HELD CORPORATION ADDRESS NATURE OF BUSINESS 15. PUBLICLY TRADED CORPORATION OR LIMITED PARTNERSHIP: List the name of any publicly traded corporation or limited partnership which is listed on a regulated stock exchange or automated quotation system in which you own two percent (2%) or more of any class of outstanding stock, units or other equity interests. NAME OF PUBLIC TRADED CORPORATION OR LIMITED PARTNERSHIP 16. List the name and address of each corporation for which you served in the capacity of a director, officer or receiver. NAME OF CORPORATION ADDRESS WHO SERVED IN THIS CAPACITY This form is required to be filed between January 1 and May 1 with the governing body of your political subdivision and the Missouri Ethics Commission. All elected and appointed officials as well as employees of a political subdivision must comply with section 105.454, Missouri Revised Statutes, on conflicts of interest and their own local code of ethics. Missouri Ethics Commission, P.O. Box 1370, Jefferson City, MO 65102, 314-751-2020, 800-392-8660 un vn ' n -obi FINANCIAL DISCLOSURE STATEMENT FOR MAYOR AND CITY COUNCIL MEMMERS • 1' 1MISSOURI CrrY 1. lime period covered by this statement. FROM / / THROUGH (generally a calendar year) 2. Type of statement. 3. Name. Address. 4. Tule. S. Names of spouse or dependent children covered under this statement. 6. List any sole proprietorships owned by you, your spouse or your dependent children. Name of sole proprietorship Address Name of involved party IN FINANCIAL DISCLOSURE STATEMENT FOR CITY OF CAPE GIRARDEAU, MISSOURI Page 2 of 3 7. List any general partnership or joint ventures in which you, your spouse or your dependent children are a partner or coparticipant. Name of general partnership or joint venture Address Name of involved party 8. List any closely held corporations or limited partnerships where you, your spouse or your dependent children own any outstanding stock or financial interest. Name of closely held corporation or limited partnership Address Name of involved party 9. List any City of Cape Girardeau licenses held personally by you, your spouse or dependent children or by any of the entities included in Numbers 6, 7; and 8 above. Type of license held Name of license holder Address 10. List any real estate owned by you, your spouse, or your dependent children in Cape Girardeau or Scott County. Description of property Name of property owner FINANCIAL DISCLOSURE STATEMENT FOR CITY OF CAPE GIRARDEAU, MISSOURI Page 3 of 3 11. List any corporation where you, your spouse, or your dependent children serve as director, officer or receiver. . Name of corporation Address Name of involved parry 12. Complete and sign this section. I certify that I have disclosed all interests concerning the required financial information. Filer's Signature x FILING INFORMATION. This form is to be filed with the City Clerk's office prior to May 1 annually, in accordance with Section 2-81 of the City Code of the City of Cape Girardeau. The City Clerk shall maintain this form, along with all other disclosure reports, for public inspection and copying during normal business hours. LN CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 269 Agenda August 7, 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 Lots 1, 2, and 3 of Mount Auburn Subdivision No. 7 This agenda item calls for the holding of an advertised public hearing on the request of G. Keith Deimund Trust to rezone Lots 1, 2, and 3 of Mount Auburn Subdivision from R-2, Single Family Residential District, to R-3, Two -Family Residential District. The Planning and Zoning Commission recommended approving this application at its meeting on July 12, 2000, by a vote of 9 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-3. Director of Planning Services Michael . Miller City Manager KBM/MGM/rlf 0 BILL •2000-188 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF LOTS 1, 2 AND 3 OF MOUNT AUBURN SUBDIVISION NO. 7, -CIT)( AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-2 TO R-3 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-3, Two -Family 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, August 71 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-3, Two -Family 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-3, Two - Family Dwelling District, for the following described property: All of Lots No. 1, 2, and 3 of Mount Auburn Subdivision No. 7, in the City and County of Cape Girardeau, 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-3, Two -Family 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 m m CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Rezoning Recommended Action: That the request of G. Keith Deimund Trust to rezone Lots 1, 2, and 3 of Mount Auburn Subdivision No. 7 from R-2, Single Family Residential District, to R-3, Two -Family Residential District, be recommended for approval. Vote Count: Favor — 9 Oppose — 0 Abstain — 0 Date Recommendation Made: July 12, 2000 List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens in attendance at meeting: Mike Deimund — representing the applicant W n4�2 S cretary CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning ® OR Special Use Permit ❑ File No. 9c.R Address of Property Lois 1) a,,31 MI-ALLburn S ub_ No. 7 CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? 7e 5 2. Is plat sufficient? `�es 3. Will intended use conform to requested zoning? �Ps 4. Has intended use already commenced? A4 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: N X�5 �W) �5 N Jol -5�--Rmmop) Date ... Names .......4..............................................................t CITY MANAG�& REFERRAL TO PLANNING AND ZONING COMMISSION: , Michael G. Miller PLANNING SERVICES STAFF: Date / 1. Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date xevisoa 4/21/1998 M City of Cape Girardeau, Missouri Application For Rezoning - 0 OR Special Use Permit - ❑ Date Received in Planning Services Office: (D-a,%-ip By: 01b1f 41rY1 %'kT A 1. Description of the project: Request for rezoning of Lots no. 1-3 of Mt. Auburn Sub— division no. 7 from R-2 to R-3 in order to build duplexes. 2. Street address of tract (or other location description): Lots 1-3 of Mt. Auburn Subdivision no. 7 (South side of Beavercreek Drive) 3. Names and addresses of all legal owners of tract: G. Keith Deimund Trust G. Keith Deimund, Trustee 2316 Jean Ann Dr. Cape Girardeau, MO 63701 4. Present zoning classification: R-2 5. Requested new zoning classification: R— 3 6. Requested special use: N/A 7. Person handling this application (name, address, phone number): Katy M. Liley Koehler Engineering and Land Surveying, Inc. 2023 State Route 'W' Cape Girardeau, MO 63701 (573) 335-3026 8. If tract is to be transferred, name and address of intended owner: N/A W 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 gF.CTION R 1. Legal description of tract: ALL OF LOTS NO. 15 2, AND 3 OF MOUNT AUBURN SUBDIVISION NO. 7 IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI. N 19 Page 3 r) 2. Attach to this application a scalelat of the tract on an 8'/z b y 11 inch sheet of p 5 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. David Dormeyer 2922 Beaver Creek Dr. Cape Girardeau, MO 63701 Jack McDonough 3041 Keystone Drive Cape Girardeau, MO 63701 Herbert Annis 3039 Keystone Dr. Cape Girardeau, MO 63701 John R. Ambercrombie III 3107 Dogwood Cape Girardeau, MO 63701 Americare Properties, Inc. P.O. Box 1046 Sikeston, MO 63801 W 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. QUOTUIV Yl 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. Duplexes will be built if rezoned to R-3. 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? 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. Yes, the property was rezoned from R-1 to R-2 in 1993. M 19 M VL W Page 5 SECTION 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. The current zoning of the subject property is single family residential. By rezoning these three lots to two family residential, they will provide a smooth transition between the commercial zoned property to the east in Mt. Auburn Subdivision No. 5 and the single family residential lots to the west in Beavercreek Estates. These proposed two family lots would also compliment the existing townhouses on the north side of Beavercreek Drive opposite of the subject property. Revised 11/30/98 I I I U p z Z z V) Z � 3 w LJ 00 N z X l 3WU X RECORD OWNER: O O O w O O DAVID DORMEYER TRUST p M Y LLJ W E ZONE R-4 �O W zz CJ O O WAN �Q S I W M Q BEAVERCREEK DRIVE S 88'52'09" E 103.10' p �I z I W O 0 LOT #3 3 w MTAUBURNSUB#7 on p = pW 3 o:F- Z O w O M U Y N Ld of Pi O �I 73.95' — 57873,37"E •. RECORD OWNER: HERBERT ANNIS GRAPHIC SCALE 0 30 60 120 ( IN FEET ) 1 inch = 60 ft. 00 r` (N 3 N O T 309.30' 103.10 LOT #2 01 MT AUBURN SUB #7 N CURRENTLY ZONED R S74:3, Z, 116.100 a 0 f� N O 103.10' 1 I I cV M LOT #1 0 MT AUBURN SUB #7 N 2 13 e U) r, T- 0 N P S86'51'49"W 124.13' RECORD OWNER: JACK McDONOUGH U J J ^ .p V) z zNi I O0_o U p �_ Z L- OU W Y N Ld F iv D V) RECORD OWNER: JOHN R. AMBERCROMBIE, III Professional Engineers & Land Surveyors 2023 State Route W Cape Girardeau, Mieeourl 63701 Ph: (573) 335 — 3026 fax: (573) 335 — 3049 mum" KATY M. LILEY REM904 Mo: OESCRiPIM Nmus apmr^ CHRIS KOEHLER •mar CAM wAwQ Dm JUNE 23, 2000 L CX. v-ndra Z +em No. a* a q ,rev; zed n'uk-p ,, �i OREE- _ 017. TE Dw LSi.. ' o J _ 2 �;\ HA44�$ .N. � < •.`.�: •,�.• DCRBYSHRE W. K TERMS w� EMORIAL D4. ALLEN DR. �J KENNC\� h WD If 3 \ iRAI\ ASIAN S " O y � DRDR o�l'F f DR T^ SADgt EAREEN LEE �. C l HUNTERS �' i- � J �L: CY RO. o ySSFRY b E»1.000 HILLS OR. v NGTON D 4 � o Rcr . PEuweWopo $\ •�� '� 6l 4S cy JAswwE 'VORTHQKW �S USA $ ROSE 4t '� cmN 1 - \\ \ d<' MAGNOLIA ; 1 1 SCENIC DR �\ } (p .t4i �. CC �jj o 1 \ GRANITE ''r x PATRIOT'A 4- MELROSE AV ^ FEtA°" EYN K•c KALE ° RD.AteExr MASTER i N � DR. JI\ 0FC _ ARROWHEAD�k YARWN C -I ANNWpOp OSAGE CAROIE WOOo 0P.Y BE"KRCREEA DR. COMMUNITY \ VALLEY VIEW U1. ` J �. BRFCKENR/0= _ _. S r % y` a SRECKFNRI ' �n EAOIf RNCE - ' DR. M " " S > 1 y THOMAS � 1 - ROAD CAWN DR. H 'OR =gym F HOPPER _ i� OR. WF \ �P `KC S HOPPER; RD. Subject (P- PHEASANT Property s y� DR. NQ°v[R 1 $ n 9/- \`/ S All g \ RUN S CSS STAC Cm RIS 57. RD. LI1. PI. _ Z O:..LAHD OWW000 iJ) x o ApEUNE a, "K GLENVIEW !! °R' s 4 S \ ! r BENN DR. o P M :AKE OR ( CHR AVEYALR � IEM p \ o MARIA u c � ZA' �t \ I\ ASPEn A �rRDb ; "Lf SPRUCC ^} JAYCEE F S7 w OSA A (GQ' Th KNrBEAT, <T_T \ S DR \�, \ MITENER Si. M�Evr( OR PRI LWIMAC CT Iv. i g � I \1 � � C J •Cs �4 CALOE �_ Or iR5 ST.° - r E — — OR < 213 \�� N • AwPS ^ EXIT fey �j, hJ J_ cjF,J qM n[E $ CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 270 Agenda August 7, 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 Lots 4, 5, 6, Block 2, Oak Park Subdivision This agenda item calls for the holding of an advertised public hearing on the request of Jerry and Judy Davis to rezone Lots 4, 5, and 6, of Block 2, Oak Park Subdivision, from R-2, Single Family Residential District, to C-1, Local Commercial District. The Planning and Zoning Commission recommended approving this application at its meeting on July 12, 2000, by a vote of 8 in favor, and none in opposition, with 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 consideration is an ordinance which would authorize the rezoning from R-2 to C- V. KBM/MGM/rlf 5-0 Respec lly submitted, lM. ratton Direc r of Planning Services ichael G. Miller City Manager BILL NO. 2000-191 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 1925 BROADWAY, CITY AND COUNTY OF CAPE GIRARDEAU_,,. MISSOURI FROM R-2 TO C-1 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 C-1, Local Commercial District; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and public hearing was held on Monday, August 7, 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 C-1, Local Commercial District; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present R-2 Single -Family Dwelling District to C-1, Local Commercial District, for the following described property: All of Lots 4, 5 and 6 of Block 2, Oak Park Subdivision, in the City of Cape Girardeau, 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 C-1, Local Commercial District, and that such changes authorized hereby are reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. W PASSED AND APPROVED THIS DAY OF , 20 ATTEST: Gayle L. Conrad, City Clerk A. M. Spradling, III,- Mayor 2 1-9 CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Rezoning Recommended Action: That the request of Jerry and Judy Davis to rezone Lots 4, 5, and 5, of Block 2, Oak Park Subdivision, and Helena Avenue from Broadway to Lacey Street from R-2, Single Family Residential District, to C-1, Local Commerical, be recommended for approval. Vote Count: Favor — 8 Oppose — 0 Abstain — 1 Date Recommendation Made: July 12, 2000 List the time period, ownership, size, design, or other limitations recommended: Comments: The Commission recommended the applicant meet with staff regarding the vacating of Helena Avenue, since the Commission does not have authority to take such action. Citizens in attendance at meeting: Jerry Davis — applicant; Melanie Smythe — McDonald's Corporation rowt...._�iI W CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning ® OR Special Use Permit ❑ File No. Q (D q Address of Property / 9coj J &-no d way CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? 2. Is plat sufficient? yP 3. Will intended use conform to requested zoning? 4. Has intended use already commenced? 1111"o WrrCr 5. Comments: a cul-tiie—tz� r� j.,7+t�}c� e, en�•l?t,�cIw� 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: 1XIC CityAtto Jt1N� 30—P� Date ..:-:".•1......................................................................l CITY MANAG REFERRAL TO PLANNING AND ZONING COMMISSION: Manager, Micha`erU. 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 City of Cape Girardeau, Missouri Application For Rezoning - ❑ OR Special Use Permit - ❑ Date Received in Planning Services Office: 4 - a S _ n p By: 1. Description of the project: A: Parcel No. 2 and 3 (Lot 4, 5, 6 in Block 2 of Oak Park Subdivision) rezoned to commercial. B: Acquire Helena Ave to become part of McDonald's property thus turning Lacey into a circle drive. 2. Street address of tract (or other location description): 1925 Broadway 3. Names and addresses of all legal owners of tract: Jerry & Judy Davis 2206 W Cape Rock Dr Cape Girardeau MO 63701 4. Present zoning classification: R-2 5. Requested new zoning classification: Commercial 6. Requested special use: A: Rezone current parking lot from R to C. B: Expand current site to include Helena Ave, turning Lacey St into a circle drive. 7. Person handling this application (name, address, phone number): Jerry D Davis 528 Helena Cape Girardeau MO 67301 (573)334-7311 8. If tract is to be transferred, name and address of intended owner: N/A e) Page 2 i 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 ILI\n'gis ,-J7-a600 SECTION B 1. Legal description of tract: A: All of Lot Four (4) and Five (5) in Block Two (2) in Oak Park Subdivision in the City of Cape Girardeau, Missouri. B: Helena Avenue from Broadway to Lacey Street. R 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. Q L`!`TTnXT n 1. List names and addresses of ALL adjoining landowners. Include land which corners on tract or which is across streets or allevs. A. Charles Boyd (lot 2, Block 2, Oak Park Subdivision) 504 Helena Cape Girardeau MO 63701 B. Grace United Methodist Church (Lot 13, Block 2, Oak Park Subdivision) Broadway & Caruthers Cape Girardeau MO 63701 C. William Walker, III (Lot 14, Block 2, Oak Park Subdivision) PO Box 555 Cape Girardeau MO 63701 D. Grace United Methodist Church (Lot 15, Block 2, Oak Park Subdivision) Broadway & Caruthers Cape Girardeau MO 63701 E. James Neal (Lot 16, Block 2, Oak Park Subdivision) 522 Cordelia Cape Girardeau MO 63701 F. James Neal (Lot 17, Block 2, Oak Park Subdivision) 522 Cordelia Cape Girardeau MO 63701 G. First National Bank (Lot 6) 7, 8, 9, 10, Block 3, Oak Park Subdivision) 2027 Broadway Cape Girardeau MO 63701 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. .qF.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. A: The property is currently parking lot but zoned residential. Prior to rebuilding, McDonald's would like to rezone parcels to commercial. B: In order to rebuild with a new store we need additional frontage. We=would like the city to abandon Helena thus turning Lacey Street into a dead-end (circle drive.] (see appendage 1) 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. A: Rezoning lots would allow us to construct a building dr into the property. B: Acquiring Helena Avenue would allow a wider building as well as improving the neighborhood. The project should be completed around Jan 2001 assuming all parties involved are in agreement about Helena Ave. 3. Is a transfer of ownership of the tract dependent upon the approval of this application? I"I 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. M N Page 5 W QprlrTr)N 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. A: Rezoning would allow us to move the building back thus creating a better frontage. B: Acquirin Helena Avenue would alleviate a major traffic problem cruising and using Lacey and Helena as a turn- around.) We feel that property value would increase after turning Lacey Street into a dead-end (circle drive.) 50 r) Revised 11/30/98 Davis Page 6 Appendage 1 (page 4, Section D, No. 1) This acquisition would allow us additional room for rebuilding as well as close Lacey Street to thru-traffic. This-..u�<wld, we feel, would increase the neighborhood property value. We would be able to make improvements and the city will be relieved of traffic problems created by cruising and using Lacey Street and Helena Ave as a turn -around. M A _ CLARE rJ -.1 CID L) 7r- fivE. 6-1 n R� EXHIBIT C �tl DOT IfiiIU- DATE "'. 1 L .r1 W 6N CID L) 7r- fivE. 6-1 n R� EXHIBIT C �tl DOT IfiiIU- DATE SPECIAL USE PERMIT McDonald's Corporation, a granted a Special Use Permit operating a parking lot, on the an indefinite period of time: (fit F BOOK 49* 3 p4a, �b, Delaware Corporation, is hereby for purposes of maintaining and following described property for All of Lots 5 and 6, Block 2, Oak Park Subdivision, 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 with the right of the City of Cape Girardeau to enter upon the land to abate such special use. SPECIAL CONDITIONS: 1. Entry and exit will be allowd only on Helena Avenue. 2. Proper drainage from Lots 13 and 14, Block 2, Oak Park Subdivision shall be provided. 3. Lot 4, Block 2, Oak Park Subdivision shall remain vacant of any development but shall be maintained. 4. Build a retaining wall the height of the fill on the South line of Lot 5, Block 2, Oak Park Subdivision. 5. Maintain a six (6) foot high, wood staggered board fence along the South line of Lot 5 and the East line of Lots 5 and 6, Block 2, Oak Park Subdivision. 6. Install a storm sewer adequate to drain without ponding a ten (10) year rain within the watershed containing Lots 4, 5 and 6. 7. That a variance to allow parking on the full area of Lots 5 and 6, Block 2, Oak Park Subdivision be granted. 8. Additions or modifications from the original building permit must be approved by the City Council. 9. Special use shall meet all zoning regulations. 19 BOOK 493 ?ASE c7�,I IN WITNESS WHEREOF, the City Manager of the City of Cape Girard au, Missouri, affixes his signature this day of l /981 . Ronald Fis her, City Manager ATTEST: dA�� E elyn . LeGrar► , City Clerk ` STiTE QF. MISSOURI ) ss ;COUNTY OF CAPE GIRARDEAU ) Onthis day of 198, before me appeared J. Ronald Fischer, to me per ovally 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 my official seal, at my office day and ober first above written. t4 Coiwmission, Expires: October 8, 199 Had fnv Re' coil 9 �a J .J nJanet Robert, R E`;orde€• Gap°v Girarueau r - :;!y Al J cksun, t.� hereunto set my hand and affixed in Cape Girardeau, Missouri, the Delores G. Needham, Notary Public J/�N�'i' s �:'s��"T Recorder of Deeds By. ...... Dep ty 2. Attach to this application a scale plat of the tract, on an 8 -1; -inch 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.lines and e. All adjoining and cornering property references to all owners listed in Section C. f. Zoning classification of all adjoining and cornering property. QPrTrnN C 1. List names and addresses of all adjoining landowners. Include land which corners on tract or which is across streets or alleys. Colonial Federal Savings and Loan Lots 1 - 15, Block 3, Oak Park Subdivision Lot 3 and N. 5 ft. of Lot 2, Block 2, Oak Park Subdivision Grace -United Methodist Church Lots 13 and 15, Block 2, Oak Park Subdivision Evelyn M. Walker Part of Lot 9 and all of Lots 10, 11, and 12, Block 2, Oak Park Subdivision William E. Walker III Lot 14, Block 2, Oak Park Subdivision 0 w561 R/W — BROp,OWAY — x G ` We RDD SIGN 4. GAS µAIN G 5 E WALK.: T SIGN P1 G PP y o fl CURB Iran aoo . �Z5C r ' v B PP / G p L Al AREA F. six u fps � E CTRs / 4.. O. Of tS.Qf' ry LOT 9 / LOT 7 . / Ld 1 ac�••�:: Alps /5� suaface cb �G NIcD ON j � •• . � / W �. In RESiApRAN7 O � � � In � �. '560-60N OFF ALT SURf ACE F.F. ELE� z o /AS pHAL u i of _ 0 1 Fi oT 1 ^GUARD POS 1 cr o < 6 ET EOTRiO ^ S• 6 VCp SA= ER VARO QST o S G• MiGH COt'1C MENU SIGN scREEN s n_Io^ OG ISLAND — L CON R POST /_ SIGN--___ 7 i FOUN + — 4FT WIDE POLE [INE EASI I fL11"• I VB- 4 - PG 41 161.0 al q S 83° 57161.01 - 1 IRON Roo N 83° 571E I II LOT Q SIGN j 7-1 I 1 w I P. J I ASPHALT PARKING A A d I Z' 00 I � xl = I I td III LOT 5 t f? Q� XI I I z I I INLET �I I IS DROP INLET I `N B _ � tq"RCP I I ANCHOR FOUND ROD L.P _ S890581E 160.01 LPi \FOUND IRON R00 GUYxl IP ANCHOR _ GFT HIGH W000 FENCE I I 1 I Ilk I� POINT OF BEGINNING (� /' S.W COR. Of LOT 5, z 1 I BLOCK Ho 2 OF F- I OAK PARK SUB. : O LOT 4 W � dtI I =I •WI I FOUND IRON R( • Y FOUND IRON ROO (: N69° 38'W 160.0 III CA, o:J vWTTRP 1,Q tl 1-r AJ rL.W I IR OR C,,,SR R CR OA``DR RHn E DR c BE ARA51N S4:ANDA�7 S"I DR GER RR RCEION IL P07—A C Iq IL Lu Sw If E RdEl -EE OR ``a v (` R�. o sARATocA 'A C',A R, -ER HIL DR D9.�RO.S RE IC TON Al� 0 A OB s-'�EL .000 2 BACK RD R --NE 'A� C5 LI DR O GG -E j; D` -D SE a0 v � s, R AI)OO 'IT 51" OR MASTERS DRDR DR EEITL_­, CAIrR MARTIN C7 OR 'Cf Cr OZARV — DTI o�ARIE TTA A S GREEN— �O ou au ST nlST UP CRNA IA A,,, A I OR EE ST. ORD S rD00 A R, ST -,0" , le a AIRLA,, DR �CIRDC DR 01 OTT S, �1�s sslp, DIN A,' 7 7 , ol Subject ..T Property W , Wk J CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 271 Agenda August 7, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri RE: Request for a Special Use Permit for a Home -Based Business Dear Mayor and Council Members: This agenda item calls for the holding of an advertised public hearing on the request of Douglas J. and Elizabeth A. Hileman for a Special Use Permit for a home-based business at 1744 Luce 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: I . 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 July 12, 2000, by a vote of 8 in favor and none in opposition, with 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. Kent IV�1' Bratton D' Planning Services Michael G. Miller City Manager KMB/MGM/rlf -0 f 70-39 CAVE GIRAI(DEAU C(lllh: c No structures shall be erected orr, , main on any portion of the lot exceptaz provided for under item g. hereof. d. No signs shall be erected on the park Ing arca except as approved by the city council. c. Parking areas shall be used for park- ing patrons, private passenger vehi- cles only, and no charge shall be made for parking within such premises. f. The parking shall be act back in con formity with the established ore quired yards for residential uses and. where a parking area adjoins a dwell- ing use, it shall have a minimum side yard of ten (10) feet. g. The parking area shall be suitably screened or fenced, paved and drained, lighted and maintained free of debris (21) Any 'C' district use in an'R' district. (22) All uses for which special use permits an• required by other sections of these regular tions. (23) Buildings in excess of the height and story requirement set forth in section 30-36 for 'R4' and 'C-2" district, provided side yards are increased in width one (1) foot for each foot of height that the building exceeds the height regulations of the district in which n is located up to a height of seventy-five (75 ) feet and thereafter no increase in side yards shall be required for any height in excess of seventy-five (75) feet. (24) Any'C district use in a more restrictive 'C district. (2' citizen housing under the following 'ons: lowed only in 'R-3,' 'R-4' and 'C" areas: b. Only senior citizens, handicapped or disabled individuals would be permit Jed to rat, purchase or inhabit unit allowed under this chapter. c. A permanent sign, prominently stns played, most be placed a the building clearly labeling the structure as senior dt¢en housing, and also having there- upon the ordinance number establish ng the structure as senior citizen hous- ng. (26) Reserved. (27) The manufacture of commercial cooking and catering equipment in "C-3' districts. (28) Recycling in 'C-2; 'C-3,' 'M-1' or 'M -2 - district, including salvage, processing and storage of paper and paper product; alm minum ons and other metal containers; cloth, clothing and rags; plastics and rub- ber product; lumber or 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 vehicles, shall be inside of a building and all storage of such materials shall be either inside of a build- ingor in closed transport trailers, in such a 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 nuisanc�e or health hazard by virtue of noise, odor, emission, discharge or byproducts. Loading and unloading of materials from transport vehicles thall be completed and the transport vehicles removed from the premises within twenty-four (24) hours of the receipt of a transport vehicle on the premises. Exclusions: a. No special use permit shall be required under this section for any person. coon pany or firm engaged in recycling ac tivity of its own products which are manufactured or sold on the premises when such recycling is done in support of the principal operation of that Win' ness. b No special use Permit will be required under the provisions of this section for recycling activity conducted by na. profit arganicationa for periods rat u- ceoding thirty (30) days in any calm - di r year. ZONING (d) Special uses. (1) Public or private landing field, landing strip, helicopter landing pad, heliport or other landing area for all forms of aircraft; auto 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- fices, warehouses, and other support build- ings for local unit of government and sub -stale agencies, unless otherwise lo- cated within a toning district which would allow a commercial or institutional facility of the same nature as a use -by -right. (4) Cemetery, crematorium or mausoleum. (5) Church or other place of worship, or Sun- day school, in "R-I.—R-2.- or -R-3" residem tial district. (6) Circus or carnival grounds, but not witldn three hundred (300) feet of any'R' district. (7) Commercial, roercational, or amusement development for temporary or seasonal pe riods. (8)IR<s<rard.l (9) Institution, college, or hospital provided that any hospital or institution permitted 1 7a 79 in any'R' district shall be located on a site of not less than it" (5) Acra, shall not occupy more than forty (40) percent of the total lot area, and shall be set back from all yard lines at lead two (2) feet for each foot of building height. (10) Marina or dock. (11) Nursing home in 'Re districts. (12) Office building of a civic, religious or char itable organization, conducting activities primarily by mail and not handling mer- chandise or rendering services on the prem ices, but only within the "R4" district. (13) Privately operated community building or recreation field. (14) Public utilities. (15) Riding stable. (16) Radio or television broadcasting tower or station. 11 7) Residential uses as provided for in sections 30-28 (C-1 Districts) and 30-33 (M-1 Dis- tricts). (18) Travel trailer camp, in the 'C-2," '43' and 'M' districts- No travel trailer may be used for any residential purpose either Iran siently or permanently unless located in a trailer camp or mobile home park. (19) The extraction of sand, gravel, and other raw materials requiring the removal of an overburden above the deposit, provided, however, any bulk storage of extracted ma- terial or overburden and any Processing or extraction machinery or the open face of any cut shall be at least five hundred (500) feet from any residential structure, street, or place. (20) Parking lot on land in 'R' districts within three hundred (300) feet from 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 com- mercial, business or industrial district. b. No business involving the repair or service of vehicles, or sale, or display thereof shall be conducted from or upon such parking areas. 1965 ZONING c. A special use permit shall not Lc 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 for resale to the public for profit. (29) Residential or outpatient facilities for the treatment of alcohol or other drug abuse for not exceeding twenty (20) persons in "11-4" district, 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 applicant for such permit provides evi- dence that he has provided written noti- fication of 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 exterior appear ante of the treatment facility shall tea sociably conform to the exterior appear anoe of other building- in the vicinity and a treatment facility shall not be located closer than three hundred seventy (370) feet to any other substance abuse facility. (30) Singlc or double -wide, manufactured home or manufactured business unit for office purposes only in 'M-2' heavy industrial districts. (31) Family day care homes for the care of more than six (6) children but not more than ten (10) children in a residential tone - (32) Excursion gambling boat or Boating gam biing facility in any 'C' or "M' district, or combination thereof, with the following provisions: a Accessory uses directly connected, associated or linked with the opera tion of an excursion gambling boat w Boating facility shall be included with, and made a part of, any special use permit issued therefor and shall also be: within a 'C' or 'M' district, or combination thereof 1967 t 30 Accessory uses associated with a excursion gambling boat or Boati, facility shall include the following; 1. Boat support facilities. 2. Docking or mooring facilities 3. Employee support facilities. 4. Ground transportation fact ties. 5. Passenger ticketing and rete tion facilities. 6. Parking facilities. 7. Security facilities. 8. Signs, including those attach to a building or other structur a boat or Boating facility, otherwise placed on the pre, ises constituting an excurst gambling boat or Boating far ity site. Off-street parking. OB -street par Ing and loading facilities shall provided as specified in section 30 ofthis chapter, except that the quirement for off-street parking I an excursion gambling boat or Bo, Ing facility and it accessory u. shall be one and one-half (14il spat for every two (2) passengers, ba= on maximum occupancy, Plus one space per employeeon thre baxamI shift. In addition, . p- ing spaces shall be provided as quired by the plarming and Zen, commission and city council. Site development plan. In aPPIY1 for a special use permit under t section, the developer(s) shall s mit a formal site plan for rev,. which includes, but is not nccess ily limited to the following: 1. Maps and other graphics it eating the boundaries of development and all propee to be included, indict whether such Properties owned, keeled. optioned. or I prised for such. See. 30-39. Special near regulations. (a) Subject to the provisions of this section, the city council may by ordinance an its own motion er on application grant a special use permit for the special uses emacerated in this section in any districts u penin qualified from which the uses are otherwise prohibited by this chapter. The city council shall impose appropriate conditions and safeguards for the 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 requirements for the site or design of buildings and other improvements upon the property, all for the purpose of protecting the comprehensive plan and conserving and protecting property and prop- erty values in the neighborhood. (b) Applications for special use permits shall be made and proarscd in the same manner as provided in section 30-5 relating to applications for district changes. (I) The city council shall determine whether such building or use will: a. Substantially increase traffic haz- ards or congestion. b. Substantially increase fire hazards. c. Adversely affect the character of the neighborhood; or in respect to spe- cial use permit for dwelling Pur - posse where required, 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 comprehensive city plan. (2) If the council's finding is negative as to all the subject referred to in this subsection (b), the application may be granted; if at firmalive as to 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. f 70-39 CAVE GIRAI(DEAU C(lllh: c No structures shall be erected orr, , main on any portion of the lot exceptaz provided for under item g. hereof. d. No signs shall be erected on the park Ing arca except as approved by the city council. c. Parking areas shall be used for park- ing patrons, private passenger vehi- cles only, and no charge shall be made for parking within such premises. f. The parking shall be act back in con formity with the established ore quired yards for residential uses and. where a parking area adjoins a dwell- ing use, it shall have a minimum side yard of ten (10) feet. g. The parking area shall be suitably screened or fenced, paved and drained, lighted and maintained free of debris (21) Any 'C' district use in an'R' district. (22) All uses for which special use permits an• required by other sections of these regular tions. (23) Buildings in excess of the height and story requirement set forth in section 30-36 for 'R4' and 'C-2" district, provided side yards are increased in width one (1) foot for each foot of height that the building exceeds the height regulations of the district in which n is located up to a height of seventy-five (75 ) feet and thereafter no increase in side yards shall be required for any height in excess of seventy-five (75) feet. (24) Any'C district use in a more restrictive 'C district. (2' citizen housing under the following 'ons: lowed only in 'R-3,' 'R-4' and 'C" areas: b. Only senior citizens, handicapped or disabled individuals would be permit Jed to rat, purchase or inhabit unit allowed under this chapter. c. A permanent sign, prominently stns played, most be placed a the building clearly labeling the structure as senior dt¢en housing, and also having there- upon the ordinance number establish ng the structure as senior citizen hous- ng. (26) Reserved. (27) The manufacture of commercial cooking and catering equipment in "C-3' districts. (28) Recycling in 'C-2; 'C-3,' 'M-1' or 'M -2 - district, including salvage, processing and storage of paper and paper product; alm minum ons and other metal containers; cloth, clothing and rags; plastics and rub- ber product; lumber or 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 vehicles, shall be inside of a building and all storage of such materials shall be either inside of a build- ingor in closed transport trailers, in such a 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 nuisanc�e or health hazard by virtue of noise, odor, emission, discharge or byproducts. Loading and unloading of materials from transport vehicles thall be completed and the transport vehicles removed from the premises within twenty-four (24) hours of the receipt of a transport vehicle on the premises. Exclusions: a. No special use permit shall be required under this section for any person. coon pany or firm engaged in recycling ac tivity of its own products which are manufactured or sold on the premises when such recycling is done in support of the principal operation of that Win' ness. b No special use Permit will be required under the provisions of this section for recycling activity conducted by na. profit arganicationa for periods rat u- ceoding thirty (30) days in any calm - di r year. ZONING (d) Special uses. (1) Public or private landing field, landing strip, helicopter landing pad, heliport or other landing area for all forms of aircraft; auto 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- fices, warehouses, and other support build- ings for local unit of government and sub -stale agencies, unless otherwise lo- cated within a toning district which would allow a commercial or institutional facility of the same nature as a use -by -right. (4) Cemetery, crematorium or mausoleum. (5) Church or other place of worship, or Sun- day school, in "R-I.—R-2.- or -R-3" residem tial district. (6) Circus or carnival grounds, but not witldn three hundred (300) feet of any'R' district. (7) Commercial, roercational, or amusement development for temporary or seasonal pe riods. (8)IR<s<rard.l (9) Institution, college, or hospital provided that any hospital or institution permitted 1 7a 79 in any'R' district shall be located on a site of not less than it" (5) Acra, shall not occupy more than forty (40) percent of the total lot area, and shall be set back from all yard lines at lead two (2) feet for each foot of building height. (10) Marina or dock. (11) Nursing home in 'Re districts. (12) Office building of a civic, religious or char itable organization, conducting activities primarily by mail and not handling mer- chandise or rendering services on the prem ices, but only within the "R4" district. (13) Privately operated community building or recreation field. (14) Public utilities. (15) Riding stable. (16) Radio or television broadcasting tower or station. 11 7) Residential uses as provided for in sections 30-28 (C-1 Districts) and 30-33 (M-1 Dis- tricts). (18) Travel trailer camp, in the 'C-2," '43' and 'M' districts- No travel trailer may be used for any residential purpose either Iran siently or permanently unless located in a trailer camp or mobile home park. (19) The extraction of sand, gravel, and other raw materials requiring the removal of an overburden above the deposit, provided, however, any bulk storage of extracted ma- terial or overburden and any Processing or extraction machinery or the open face of any cut shall be at least five hundred (500) feet from any residential structure, street, or place. (20) Parking lot on land in 'R' districts within three hundred (300) feet from 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 com- mercial, business or industrial district. b. No business involving the repair or service of vehicles, or sale, or display thereof shall be conducted from or upon such parking areas. 1965 ZONING c. A special use permit shall not Lc 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 for resale to the public for profit. (29) Residential or outpatient facilities for the treatment of alcohol or other drug abuse for not exceeding twenty (20) persons in "11-4" district, 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 applicant for such permit provides evi- dence that he has provided written noti- fication of 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 exterior appear ante of the treatment facility shall tea sociably conform to the exterior appear anoe of other building- in the vicinity and a treatment facility shall not be located closer than three hundred seventy (370) feet to any other substance abuse facility. (30) Singlc or double -wide, manufactured home or manufactured business unit for office purposes only in 'M-2' heavy industrial districts. (31) Family day care homes for the care of more than six (6) children but not more than ten (10) children in a residential tone - (32) Excursion gambling boat or Boating gam biing facility in any 'C' or "M' district, or combination thereof, with the following provisions: a Accessory uses directly connected, associated or linked with the opera tion of an excursion gambling boat w Boating facility shall be included with, and made a part of, any special use permit issued therefor and shall also be: within a 'C' or 'M' district, or combination thereof 1967 t 30 Accessory uses associated with a excursion gambling boat or Boati, facility shall include the following; 1. Boat support facilities. 2. Docking or mooring facilities 3. Employee support facilities. 4. Ground transportation fact ties. 5. Passenger ticketing and rete tion facilities. 6. Parking facilities. 7. Security facilities. 8. Signs, including those attach to a building or other structur a boat or Boating facility, otherwise placed on the pre, ises constituting an excurst gambling boat or Boating far ity site. Off-street parking. OB -street par Ing and loading facilities shall provided as specified in section 30 ofthis chapter, except that the quirement for off-street parking I an excursion gambling boat or Bo, Ing facility and it accessory u. shall be one and one-half (14il spat for every two (2) passengers, ba= on maximum occupancy, Plus one space per employeeon thre baxamI shift. In addition, . p- ing spaces shall be provided as quired by the plarming and Zen, commission and city council. Site development plan. In aPPIY1 for a special use permit under t section, the developer(s) shall s mit a formal site plan for rev,. which includes, but is not nccess ily limited to the following: 1. Maps and other graphics it eating the boundaries of development and all propee to be included, indict whether such Properties owned, keeled. optioned. or I prised for such. CME GIRAItDEAU CODE 2 The locations and general In— *fall buildings, structures, part:. inc lota and other facilities tom prising the developr tmt, includ mg data on alae, facilities, and occupancy limits of the planned excursie. gambling boat or float ing facility, and accessory uses 3. Evidence that Uc development cantatas sufficornt land to pro s vide for any n ary or pro posed land sidedevelopment end support facilities, i elud- ing parking, and the develop- ment includes suf iaienl river frontage to accommodate loca lion and operation of the planned excursion gambling boat or floating facility. 4. An impact analysis including, but not limited to, ­Tted ac- cess routes, traffic volumes, peak hours of operation, needed road r street improvements and traf tic controls necessary to accom modale the proposed uses and traffic volume, and plans for :site security and disaster cc sponse .. All buildings and permanently . oored structues shall -comply with applicable standards of the city's building codes. Further, no occu- pancy permit for any accessory use set forth in this sectio. shall be issued prior to the issuance of occu panty permits for all new land-based permanent structures proposed as a part of the development. The city council may, however, at its discre riot, approve a temporary occupanp Permit for any accessory use for a period of one (1) year if the required land based structures are not com- pleted (33) Mini -warehouse or self- storage units m 'GI" or "C-2- districts. (34) Parking garage: For enclosed or sc,,, enefsed parking garages only, parking 1968 space dimensions I— than the minimum size required in this ordinance may be approved under a special use permit. A building/parking plan and documentary justification for a requosted variation from the minimum standards must be submit ted with any application hereunder. (35) Assembly and manufacture from pre fabricated parts of electronic and s ,flm products in 02 districts. (36) Single or double wide, manufactured home r manufactured business units for tem- porary .free purposes only during con struction or remodeling of a main build ing in 'M-1' Light Industrial Districts Any special use permit, if approved, will become effective only upon the issuance of e building permit for a main building. All such temporary office units shall be re- moved upon occupancy of the completed construction or completion or sbandon ant of the construction work, whichever occurs first. (37) Double -wide manufactured homes (mo bile homes) in "R -I,' or. R-4' districts, with the following provisions: a. The manufactured home shall be in compliance with Federal Manufac tured Home Construction and Safety Standards, adopted June 15, 1976, as amended, and Missouri Public Service Commission roles: b. The unitwhen complete shall have a minimum width of not Ioss than twee ty-four (24) foundation feet As coca cared at all points perpendicular to the length of the manufactured hent, which shall not be less than fon, two (42) foundation feet. This star. dard is intended to restrict units t the type which are brought to the site in parts• typically two (21 halve and at least one thousand 14;h• (1,008) square feet minimum. c All wheels, springs, A x111, l fights. an' towing apparatus shall be rlmovc' CAI•I!GIR IIDEAU Cone LW M for rMidcnlial In combination "'ch shop- ping center uses as set forth in section 30.31. 771, developntont plan shall be referred to tb, plmm ning and zoning commission for study emd report Approval shall be conditioned upon specific f nd- ingsUut the proposedeommunity unit plan meets the fallowing conditions: (11 That the proposed development of any 'C-4' planned commercial district in eluded as a pan of the plan mnhpl- with the regulations for those districts as set forth in section 30-31. (2) Tint the buildings, other than those lo- cated within a 'C-4' district, located in the area shall be used only for one -family dwellings, two-family dwellings• or multi- ple dwellings and the usual accessory uses such as private or parking garages• storage space and for community activi- ties, including churches and schools. (3) That the average lot area per family con tained in the site, exclusive of the area occupied by a'C,I' district or by streets• will not be less than the lot area per family required in the district in which the development is located. (4) That the area is adaptable to complete community development, being bounded by major thoroughfares, streets, rail roads, or other external barriers, and in sofar as possible without a major thor- oughfare extending through the project• or any other physical feature which would tend to impair the neighborhood or com. .unity cohesiveness. (5) T7tat no more than twenty-five (25) per emit of the groes area Of the project be devoted to a 'G' district and that no roam than fifty (50) peroent of the gross aril of the project located in a airhgle family district be deviled to multiple (amity dwellings. (61 That sufficient arca is reserved for reem. stimsed and educational facilities to meet the seeds *fthe anticipated population, or As designated in the comprehensive plan. (7) Tlml propel adjacent to the A—' -11 eluded in the plan will not be ad,,, h, affected and to this end, the city c,., -.,al may require, in the absence of any xi,we priate physical barrier, that uses of least intensity or a buffer of open -F. or screening be arranged along the bo -dors of the project. (6) Th al the plan is consistent with the„dent and purposes of this chapter to P, mute public health, safety, morals, and F• -ral welfare. (D If the city council approves the plans. Codd ing permits and certificates of occupancy may be issued, even though the use of the land &TA the location and height of buildings to be er,rte•d in the area and the yards and open space r nwm plated by the plan do not conform in all r ­f( is to the district regulations of the district in which it is 1«cited. (g) An application for a special u mit under this section may be made and per sed contemporaneously with a proposed amendment of the district in which such site lies. (h) A special use permit shall automaucally expire upon the failure to develop the us.• of the land for which the special use permit has been issued if the use is not developed within twelve (12) months after the permit has been issued. (i) In the event the use of the land for which the special use permit has been issued is d— tinued for a period of one (1) year, then the special use permit shall auumatinlly expire. (Code 1967, 4 30-38; Ord. No. 660. 4 2. 2 I-89, Ord. No. 754, 1 1, 9.18-89; Ord. No. 793. Art. I. 12.18-89; Ord. No. 845• arts. 4, 5, 4-1690. Ord No. 962, an. 3, 1-16-91; Ord. No. 1085, an. I- 9 16-91; ,916.91; Ord. No. 1237, art. 3, 9.21-92; Ord No. 1459• art. 2, 12-20-93; Ord. No. 1529. ane, 2.3. 5-16-94; Ord. No. 1551, arts. 5, 6, 6.20-94. Ord. No. 1730, art. 2.6-19-95; Ord. No. 1779, ane 5.6• 9-18-95; Ord. No. 1904• art. 1, 2.20-96; Ord No 2080• art. 1, 11-18-96; Ord. No. 2198, ane 7.8. 7-21.97; Ord. No. 2252, an. 2, 10.20.97; Oro No 2269, art. 1, 10-20-97; Ord. No. 2487• art. 2. 2.16-99) WNING The unit must be permanently in sulled on • properly designed, en closed foundation system in actor dance with the BOCA National Building Code. Orientation of the manufactured housing unit on the lot shall conform to the same orientation as the ma- jority of conventionally built struc- tures in the immediate area (within three hundred (300) feet). Example. Front door to front lot line, rear door to rear lot line. Roof must be a gable or hip roof of at least three (3) in twelve(12) pitch or greater and covered with material that is residential in appearance, including, but not limited to ap proved wood, asphalt composition or fiberglass shingles, but excluding cor- rugated aluminum, rorrugated fiber- glass, or metal roofs; except for per- mitted deck areas, all roof structures shall provide an eave projection of no less than six (6) inches and no greater than thirty (30) inches. g. Exterior siding or covering shall be of a type, quality and appearance customarily used on conventionally built homes. h. The lot shall be provided with a hard surface (not earthen in nature) drive- way not less than nine (9) feet wide with side -yard parking sufficient for the placement of at least two (2) vehicles. I . A minimum of eighteen (18) inches of crawl space under the entire man ufactured home shall be maintained. J . Permanent steps shall be set at All external exits with appropriate hand- rails and/or guard rails. k. The unit shall be served by a water supply and sewage disposal system in accordance with the International Plumbing Code, as currently adopted by the city. sump N. 20 i M49 1. The unit shall be se an elec- trical service in rth the National 6leetnJ” aur rently adopted by the in Any such structure an shall conform to all applicable ,ng and subdivision erdinanOlJ and any other pertinent ordinsnce in effect at the time of installation or construction. including setback requirements. (38) lialfway houses for the rehabilitation of adult persons who are prisoners or former prisoners, may only be located in C-1, C-2, C3, M-1, M-2, and A-1 :ones, and, if Approved, are subject to the following additional conditions: a. One (1) parking space for every four (4) residents, including staff resp dents. It. The proposed facility shall provide appropriate and reasonable security c. the facility shall have no exterior evidence of such use and no sign advertising such use. d. At the time of original approval, if the proposed facility is to be located within five hundred (500) feet of another such facility public, privat or parochial school, group home for adults or juveniles, nursing, rest or convalescent home (center), children: nursery or boarding home, day carr center, residential zone, existing res idential use, or facility for the men tally or physically handicapped, the city council may require such ad8i tional conditions on the special us. permit as it feels are necessary u minimize the effect of the Proposes use on the surrounding properties. e. The applicant shall demonstrate tha there shall be no negative impact or property within five hundred (500 feet of the proposed facility. (39) Microbrewcry or pub brewery in a "C 2- 'C-3', or 'M-1 district. (e) Community unit plan. The owner of an' trail of land may request a special use Permit fo the use and development of such tract for resides 1909 M, BILL NO. 2000-192. ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO DOUGLAS J. HILEMAN AND ELIZABETH A. HILEMAN, FOR PURPOSES OF MAINTAINING AND OPERATING A HOME-BASED BUSINESS AT 1744 LUCE STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Douglas J. Hileman and Elizabeth A. Hileman are the owners of certain property in the City of Cape Girardeau, on which they desire to maintain and operate a home-based business; and WHEREAS, the proposed location of said business is 1744 Luce 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 maintaining and operating a home-based business, on the following described property: All of Lot Nineteen(19), Block Seven (7), Sunset Terrace Addition, in the City of Cape Girardeau, Missouri. is hereby granted to Douglas J. Hilman and Elizabeth A. Hileman, 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 0 . N n SPECIAL USE PERMIT Douglas J. Hilman and Elizabeth A. Hileman, 1744 Luce Street, Cape Girardeau, Missouri 63701, are hereby granted a Special Use Permit for purposes of maintaining and operating a home-based business, on the following described property for an indefinite period of time: All of Lot Nineteen(19), Block Seven (7), Sunset Terrace Addition, in the 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. 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. IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of 20 . ATTEST: Gayle L. Conrad City Clerk Michael G. Miller City Manager EXHIBIT A 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 N 19 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 6/28/2000 filed by Douglas T. Hil man and Rli7aabpth A. Hileman for the property located at 1744 Lure Street in cape Girardeau, Missouri for the purpose of maintaining and op a ing a hQme=hased business. 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) 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 6.1982000 filed by Douglas T Hi man and Elizaabe- A. Hilem,n for the property located at 1744 ruee Street in Capp Cirardeau, Missouri for the purpose of maintaining and npprating--a—lQme-b `' basin ss 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 CITY OF CAPE GIRARDEAU, MISSOURI (SEAL) ATTEST: Mayor City Clerk CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Special Use Permit Recommended Action: That the request of Douglas J. and Elizabeth A. Hileman for a Sepcial Use Permit for a home-based business at 1744 Luce Street in an R-3, Two -Family Residential District, be recommended for approval. Vote Count: Favor — 8 Oppose — 0 Abstain — 1 Date Recommendation Made: July 12, 2000 List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens in attendance at meeting: Elizabeth Hileman — applicant W Secretary CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For/ Rezoning ❑ OR Special Use Permit L� File No. -9'70 Address of Property 17 `i Luce Sfre�� CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? 2. Is plat sufficient? 1 3. Will intended use conform to requested zoning? I , 4. Has intended use already commenced? /U� ►---�` �5r�' 5. Comments: -i 'W2�lo v C Planner/Development Services Coordinator Date E x ff a a E 0 a a a E 0 a ff x K a N Z E 0 a E a E N E 0 a 0 0 E a 0 E a a 3 0 E a 0 0 E a N E 0 0 0 E 0 E a E a E a x 0 a E 0 0 x a E a a a K E 0 0 2 N B "I CITY ATTORNEY: 1. Is legal description sufficient? g P 2. Will intended use conform to requested zoning? 1 3. Can requested Special Use Permit be legally granted? 4. Comments: City ttor 'e Date .. .......................................................................... CITY SAGER REFERRAL TO PLANNING AND ZONING COMMISSION: c-_ ,�anager, Michae . Miller PLANNING SERVICES STAFF: Date 1. Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date aevLea ar21i1998 City of Cape Girardeau, Missouri r) Application For Rezoning - ❑ OR Special Use Permit - E Date Received in Planning Services Office: (p -,� 8 - pp By: 1. Description of the project: Home-based Business. A Franchise called "Candy Bouquet", designed to be a home- based business. 2. Street address of tract (or other location description): 1744 Luce Street, Cape Girardeau, MO 63701 3. Names and addresses of all legal owners of tract: Douglas J & Elizabeth A. Hileman 1744 Luce Street CApe Girardeau, MO 63701 4. Present zoning classification: R-3 5. Requested new zoning classification: None 6. Requested special use: Bouquets are assembled in the home and then delivered or mailed. 7. Person handling this application (name, address, phone number): Elizabeth Hileman 1744 Luce Street Cape Girardeau, MO 63701 573-651-3793 8. If tract is to be transferred, name and address of intended owner: 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 �' 26aD G} , 612 V60 CFC~TTON R 1. Legal description of tract: See attached copy. �W) 9 r) 29 The land referred to in this policy is situated in the County of Cape Girardeau State of Missouri and is described as follows: All of Lot Nineteen (19), Block Seven (7), Sunset Terrace Addition, in the City of Cape Girardeau, Missouri. This policy valid only if Schedule B is attached. AA& Page 3 V 2. Attach to this application a scab 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 .c --cc ctrPPtc nr a111-vc See Attached Copy. V Mrs. Betty Hopen 1738 Luce Street Cape Girardeau, MO 63701 Mr. and Mrs. Wes Kinder 1750 Luce Street Cape Girardeau, MO 63701 Mr. and Mrs. George Smith 1739 Luce Street Cape Girardeau, MO 63701 Mrs. Velma Holshouser 1751 Luce Street Cape Girardeau, MO 63701 Virginia Prince 1745 Luce Street Cape Girardeau, MO 63701 Mr. and Mrs. James Haman 1739 Bessie Street Cape Girardeau, MO 63701 Pam East 1745 Bessie Street Cape Girardeau, MO 63701 Beatrice Sargent 1753 Bessie Street Cape Girardeau, MO and 3129 Cage Hill Dr. Cape Girardeau, MO 63701 Page 4 1 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. CFCTInN it 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. Home-based Business 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. MW No improvements need to be made. 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. NO Page 5 r) 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 "Candy Bouquet" franchise will offer a service to the city that is not offered at this time. The neighborhood will not notice anything different. The arrangements are ordered by phone, assembled in the home and then delivered or mailed. No additional traffic or people will be in the area. Revised 11/30/98 to Ic -,Lc QD J� 7c LIJ Ar.. to Ic -,Lc QD J� 7c CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 273 Agenda August 7, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Public Hearing and Ordinance to Vacate A Utility, Sewer and Drainage Easement A request has been made to the City to release any interest it may have in a utility, sewer and drainage easement located between lots 25 and 26 in Twin Lakes Subdivision. At one time, this easement ran along the property line between the two lots, but the lot lines have been adjusted since then and now the easement runs under the driveway of 302 S. Lake. An evaluation of this request has been made by the Engineering Division and it has been determined that this vacation will not present any detrimental effect to the city, will not be an obstruction, and will not interfere with any utilities on the property. Notification of this request has been made to the proper utility providers in the city. Ameren UE, Southwestern Bell, and the city have responded that they have no need to maintain this easement. As required by ordinance, a publication of a public hearing, scheduled at this time, was published at least 10 days prior to this Council session. Therefore, it is recommended that the Council now hold a public hearing on this agenda item and give first reading consideration to the attached ordinance vacating the City's interest in this utility easement. Respectfully submitted, MarkA. Lester, P.E. City., ngineer City Manager MAL/MGM/dc n BILL NO. 2000-195 ORDINANCE NO. AN ORDINANCE VACATING THE CITY'S INTEREST IN A PORTION OF A UTILITY, SEWER AND DRAINAGE EASEMENT IN TWIN LAKES SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the City Council has received a request from property owners that the City vacate a utility, sewer and drainage easement in Twin Lakes Subdivision, and more particularly described in Section 1 hereof; and WHEREAS, the City Council set the date of August 7, 2000, for a public hearing on this request; and WHEREAS, at least ten (10) days notice of the time and place of this hearing was published in a newspaper of general circulation in the City; and WHEREAS, a public hearing was held on August 7, 2000, at which all interested parties were afforded the opportunity to speak in favor of or in opposition to the proposed utility, sewer and drainage easement vacation; and WHEREAS, the City Council has determined that the utility, sewer and drainage easement in question is not necessary or needed for the purposes for which it was dedicated and established; and WHEREAS, it is in the public interest that the utility, sewer and drainage easement be vacated; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City's interest in a utility, sewer and drainage easement on the following described real estate: Starting at the Southeast corner of Lot 26 Of Twin Lakes Subdivision (Book 8 Page 11), N 010 56' 16" E a distance of 288.7 feet. Thence N 030 07' 24" W a distance of 56.9 feet to the point of beginning; Thence S 01° 56' 16" W a distance of 331.3 feet to the southwest corner of said easement; Thence N 890 33' 00" E a distance of 10 feet to the southeast corner of said easement; Thence N O10 56' 16" E a distance of 217.6 feet; thence N 030 07' 24" W a distance of 113.5 feet to the point of beginning and containing 2745 Sq.Ft. is hereby vacated. 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 , 20-- A. 0 . A. M. Spradling, III, Mayor STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of 2000, before me appeared A. M. Spradling, III, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed 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. Delores G. Needham, Notary Public My Commission Expires: October 8, 2000 r) 93, =169 4, R 7�6 7 2.050 Aces -* 1500K 5d5, PAGE 750) BOOK 1025, PAGE 855) BOOK ' O5ci, PAGE 560) 5.0' 0' Concrete Slab 1 I N I- _Shed �J S Utility. &-mr. & D=Wge E"Mcnt FENCE ON LINE --� -- - ---199.66'------- \ ? J i 25.50' - ■ -- , cAq•�� nn'v ?5.16' (MY 225.10' CD> CITY OF CAPE GIRARDEAU, MISSOURI M— Office of the City Manager Council Letter No. 274 Agenda August 7, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject:An Ordinance Reaffirming the Necessity to Improve Timon Way from Big Bend Road to Dumais; DePaul Lane from Country Club Drive to Driveway; Donna Lane from Timon Way to Dead End; North Lorimier Street from Mill Street to Pearl Street; Pearl Street from North Lorimier Street to Pearl Street; Hunters Lane to the Dead End; Collins Drive from Mt. Auburn Road to the Dead End; Hunze Drive from Hopper Road to Collins Drive; and, Hill Street from Rand Street to Johnson Street, Being A Part of the Transportation Trust Fund Program In August, 1995, a voter approved transportation sales tax was passed. As a part of this program, it is the City's intention to improve the gravel streets in the City by resurfacing with a 4" asphalt surface. To date, 2.63 miles of gravel streets have been paved and another 2,800 feet of gravel streets have been removed due to the flood buy out. The above named streets have been selected for improvement in this years program, more commonly referred to as the 2000 4" Asphalt Program. These streets total approximately 6,054 feet or 1.15 miles. This will conclude the residential gravel street paving program. Plans and specifications to provide this improvement have been prepared and at its June 19, 2000, session the City Council passed and approved Ordinance 2751 declaring it necessary to make this improvement. A public hearing was held on July 3, 2000. It is recommended that the City Council give first reading consideration to the OrdinanceReffirming the Necessity to make the improvement. 7ec lly submitted, Mark A. Lester, P.E. City,�ngineer Michael G. Miller City Manager MAL/MGM/dc w V BILL NO. 2000-106 ORDINANCE NO. 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 TIMON WAY FROM BIG BEND ROAD TO DUMAIS DRIVE; DEPAUL LANE FROM COUNTRY CLUB DRIVE TO DRIVEWAY; DONNA LANE FROM TIMON WAY TO THE DEAD END; NORTH LORIMIER STREET FROM MILL STREET TO PEARL STREET; PEARL STREET FROM NORTH LORIMIER STREET TO FOUNTAIN STREET; HUNTERS LANE FROM BOULDER CREST DRIVE TO THE DEAD END; COLLINS STREET FROM MT. AUBURN ROAD TO HUNZE DRIVE; HUNZE DRIVE FROM HOPPER ROAD TO COLLINS STREET; AND HILL STREET (RIVERVIEW DRIVE) FROM RAND STREET TO JOHNSON STREET, KNOWN AS THE 2000-1 4 INCH ASPHALTIC PAVEMENT PROGRAM OF THE TRANSPORTATION TRUST FUND, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. That the City Council of the City of Cape Girardeau, Missouri, has by ordinance in writing duly adopted at a regular meeting of said Council held on June 19, 2000, found and declared it to be necessary to improve that part of Timon Way From Big Bend Road To Dumais Drive for a distance of 1,768 feet; Depaul Lane From Country Club Drive To Driveway for a distance of 275 feet; Donna Lane From Timon Way To The Dead End for a distance of 220 feet; North Lorimier Street From Mill Street To Pearl Street for a distance of 390 feet; Pearl Street From North Lorimier Street To Fountain Street for a distance of 405 feet; Hunters Lane From Boulder Crest Drive To The Dead End for a distance of 1,638 feet; Collins Street From Mt. Auburn Road To Hunze Drive for a distance of 538 feet; Hunze Drive From Hopper Road To Collins Street for a distance of 520 feet; and Hill Street (Riverview Drive) From Rand Street To Johnson Street for a distance of 300 feet, known as The 2000-1 4 Inch Asphaltic Pavement Program Of The Transportation Trust Fund, in the City of Cape Girardeau, Missouri, with hot mix asphaltic concrete, four (4) inches thick and seventeen to twenty (17-20) feet in width, including grading, excavating, rebuilding shoulders, compacting, adjusting manholes and all necessary appurtenances thereto, all as shown on the plans and specifications for said improvement which have been filed with the City Clerk. Said ordinance further provided that the said work of the improvement should be done by contract as provided by law and ordinance and further provided that the cost of the proposed work shall be charged to the abutting property by the issuance of special tax bills. Any cost in excess of $10.00 per front foot, plus all land acquisition costs, shall be borne by the general revenue fund of the City and only $10.00 per front foot, plus all land acquisition costs, shall be charged against the abutting property, all in accordance with Chapter 88, RSMo, and such ordinances as may be hereafter enacted to carry out said work. This $10.00 per front foot amount, plus all land acquisition costs, is hereby established as the maximum assessment to be used for this improvement. ARTICLE 2. That the Council finds and declares that the ordinance has been published in the Southeast Missourian, a daily newspaper printed and published in the City of Cape Girardeau, Missouri, for seven (7) consecutive issues, and that a majority of the resident property owners of the lands that would be liable for the costs of the improvements at the date of the passage of the Ordinance, who own a majority of the front feet owned by residents of the City of Cape Girardeau abutting on the part of the street proposed to be improved, have not within ten (10) days after the date of the last publication of the Ordinance filed with the City Clerk their protest against such improvements. ARTICLE 3. That the Council further finds that all requirements imposed by law and ordinance for the improvements have been complied with and that it thereby acquired authority to order the improvement and now hereby orders and directs that part of Timon Way From Big Bend Road To Dumais Drive for a distance of 1,768 feet; Depaul Lane From Country Club Drive To Driveway for a distance of 275 feet; Donna Lane From Timon Way To The Dead End for a distance of 220 feet; North Lorimier Street From Mill Street To Pearl Street for a distance of 390 feet; Pearl Street From North Lorimier Street To Fountain Street for a distance of 405 feet; Hunters Lane From Boulder Crest Drive To The Dead End for a distance of 1,638 feet; Collins Street From Mt. Auburn Road To Hunze Drive for a distance of 538 feet; Hunze Drive From Hopper Road To Collins Street for a distance of 520 feet; and Hill Street (Riverview Drive) From Rand Street To Johnson Street for a distance of 300 feet, known as The 2000-1 4 Inch Asphaltic Pavement Program Of The Transportation Trust Fund, be improved by constructing thereon hot mix asphaltic concrete, four (4) inches thick and seventeen to twenty (17-20) feet in width, including grading, excavating, rebuilding shoulders, compacting, adjusting manholes and all necessary appurtenances thereto, all as shown on the plans and specifications for said improvement previously adopted and on file in the Office of the City Clerk, which are hereby adopted for said improvement. A RTIC LE 4. That the Prevailing Hourly Wage Rate is determined by the Department of Labor and Industrial Relations for the public - 2 - works project in Missouri Annual Wage Rate No. 7, June 21, 2000. The City of Cape Girardeau is authorized to contract for this public works project with a contractor who will pay his workmen the prevailing hourly rate of wages for each type of workman as determined in Missouri Annual Wage Rate No. 7, June 21, 2000, who will agree to comply with all provisions of the Prevailing Wage Law, and who is not prohibited by the provisions of the Prevailing Wage Law from contracting with the City on a public works project. That prior to final payment to be made to the Contractor, the City of Cape Girardeau will require that the Contractor file an affidavit stating that the contractor and all his subcontractors have fully complied with the provisions and requirements of the Prevailing Wage Law. ARTICLE 5. The Council further orders and directs that the work of improvement of that part of Timon Way From Big Bend Road To Dumais Drive for a distance of 1,768 feet; Depaul Lane From Country Club Drive To Driveway for a distance of 275 feet; Donna Lane From Timon Way To The Dead End for a distance of 220 feet; North Lorimier Street From Mill Street To Pearl Street for a distance of 390 feet; Pearl Street From North Lorimier Street To Fountain Street for a distance of 405 feet; Hunters Lane From Boulder Crest Drive To The Dead End for a distance of 1,638 feet; Collins Street From Mt. Auburn Road To Hunze Drive for a distance of 538 feet; Hunze Drive From Hopper Road To Collins Street for a distance of 520 feet; and Hill Street (Riverview Drive) From Rand Street To Johnson Street for a distance of 300 feet, known as The 2000-1 4 Inch Asphaltic Pavement Program Of The Transportation Trust Fund, be done by contract, and that it be done so that it will in all respects comply with the said plans and specifications therefor, and that the cost thereof will not exceed the estimate of cost for said work prepared by the City Engineer and on file in the Office of the City Clerk and heretofore approved by the Council, except such items of work necessary to the proper construction of the improvements and unforeseen and not included in the estimate of cost, and said work of improvement shall be done in such manner as to comply with all applicable statutes and ordinances. The contract entered into shall not be in excess of the estimates of the whole cost of the improvement previously made by the City Engineer and above referred to. The Council further finds and declares that the condition of the general revenue fund of the City is such that the portion of the cost of the work in excess of $10.00 per front foot plus all land acquisition costs shall ultimately be paid therefrom. ARTICLE 6. That the work to be done under this ordinance shall be done under the supervision of the City Engineer. The work to be done shall be done by contract let by the City of Cape Girardeau, Missouri, to the lowest and best bidder therefor within the City Engineer's estimate of the costs, after advertisement for bids for said work to be done shall have been published by at least 3 - seven (7) consecutive insertions in a daily newspaper in the City of Cape Girardeau, Missouri. The City reserves the right to reject any or all bids. ARTICLE 7. That the successful bidder for said work shall enter into a contract with the City of Cape Girardeau, Missouri, after the same is awarded and give bond with good and sufficient sureties for the faithful performance thereof in a sum at least equal to the contract price. ARTICLE 8. The contract shall provide that the payment to the Contractor shall be made from the general revenue fund of the City with monthly estimates to be paid to the contractor for work completed, less ten per cent (10%) retainage. Final payment is to be made within ten (10) days of final acceptance of the work by the City. When the work of improvement has been completed as herein provided and has further been approved by the City Engineer in a written report thereof, and when said report has been approved and adopted by the City Council, and the cost of the work shall initially have been paid for by the City, special tax bills in an amount not to exceed $10.00 per front foot, plus all land acquisition costs, shall be issued in favor of the City of Cape Girardeau and against the lots, tracts and parcels of land fronting and abutting on said improvement along the distance mentioned, in proportion to the number of front feet fronting or abutting on said portion of the street so improved and in accordance with the law, and which said special tax bills shall be delivered to the City of Cape Girardeau. Such special tax bills shall bear interest from sixty (60) days after their date at six and four hundred sixty-five one thousandths per cent (6.465%) per annum. ARTICLE 9. This ordinance shall take effect and be in force from and after ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF ATTEST: Gayle L. Conrad City Clerk A. M. Spradling, III, Mayor - 4 - , 20-- A. 0. IN CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager, Council Letter No. 275 Agenda August 7, 2000 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Ordinance Accepting General Warranty Deeds, Permanent Drainage Easements, and a Temporary Construction Easement from D & D Cape Investments, L.P., Armstrong Heritage, Inc. and Wilver W. Wessel and Dolores H. Wessel for the Mt.. Auburn South Project This Ordinance accepts General Warranty Deeds, Permanent Drainage Easements, and a Temporary Construction Easement that are needed for the Mt. Auburn South Project. The Mt. Auburn South Project will construct Mt. Auburn Road south of State Route 74, terminating near Silver Springs Road. This project is one of the Transportation Trust Fund projects funded by the sales tax approved in 1995. Another Trust Fund project, the extension of Southern Expressway west of Kingshighway, will connect with the Mt. Auburn South project when it is constructed late in 2000 or early 2001. This connection between State Route 74 and Kingshighway will provide access to the Career Center and the new high school, which are scheduled to open in the fall of 2001 and 2002, respectively. The attached Ordinance would accept these Deeds and Easements for the City of Cape Girardeau. This ordinance is on your Agenda for your consideration for first reading. ResDectkft Submitted, Yen.ratton er Michael G. M City Manager e) BILL NO. 2000-199 ORDINANCE NO. AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS, PERMANENT DRAINAGE EASEMENTS AND A TEMPORARY CONSTRUCTION EASEMENT FROM D & D CAPE INVESTMENTS, L.P., ARMSTRONG HERITAGE, INC. AND WILVER W. WESSEL AND DOLORES H. WESSEL FOR THE MT. AUBURN SOUTH PROJECT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri hereby accepts a General Warranty Deed executed by D & D Cape Investments, L.P. conveying to the City of Cape Girardeau, Missouri property for the Mt. Auburn South project, more particularly described as follows, to -wit: A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at an 80d nail at the intersection of the east line of a tract of land as recorded in the land records of the County Recorder's Office in book no. 422 at page no. 697; and the southerly right of way line of Missouri State Route 74 (relocated), said point being 121.83 feet southerly of and normal to the centerline of Route 74, station 37+40.36; Thence along the southerly right of way of Route 74 the following courses and distances: S 50° 27' 41" W, 120.40 feet to a point being 125.00 feet southerly of and normal to the centerline of Route 74, station 36+20.00; Thence S 490 48' 28" W, 180.13 feet to a point being 131.79 feet southerly of and normal to the centerline of Route 74, station 34+40.00 and the TRUE POINT of BEGINNING: Thence continuing along said right of way, S 49° 48' 28" W, 80.06 feet to a point being 134.81 feet southerly of and normal to the centerline of Route 74, station 33+60.00; Thence leaving said right of way, S 38° 01' 52" E, 15.49 feet to the beginning of a curve concave to the southwest having a central angle of 45° 19' 02" and a radius of 560.00 feet; Thence along said curve in a southeasterly and southwesterly direction, 442.92 feet; Thence S 07° 17' 10" W, 644.84 feet to the beginning of a curve concave to the northeast having a central angle of 23° 57' 36" and a radius of 940.00 feet; Thence along said curve in a southwesterly and southeasterly direction, 393.09 feet to a point on the east line of the afore said tract of land as recorded in book no. 422 at page no. 697, Thence along said east line, N 07° 17' 10" E, 340.27 feet to the beginning of a non -tangent curve concave to the southeast having a central angle of 02° 45' 48" and a radius of 860.00 feet from which point a radial line bears S 85° 28' 37" E; Thence leaving said east line and along said curve in a northeasterly direction, 41.48 feet; Thence N 07° 17' 10" E, 644.84 feet to the beginning of a curve concave to the southwest having a central angle of 45° 19' 02" and a radius of 640.00 feet; Thence along said curve in a northeasterly and northwesterly direction, 506.20 feet; Thence N 38° 01' 52" W, 18.51 feet to the TRUE POINT of BEGINNING, containing 2.56 acres more or less. (111,682.59 square feet) ARTICLE 2. The City of Cape Girardeau, Missouri hereby accepts a General Warranty Deed executed by Armstrong Heritage, Inc., conveying to the City of Cape Girardeau, Missouri property for the Mt. Auburn South project, more particularly described as follows, to -wit: A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at an 80d nail at the intersection of the east line of a tract of land as recorded in the land records of the County Recorder's Office in book no. 422 at page no. 697; and the southerly right of way of Missouri State Route 74 (relocated), said point being 121.83 feet southerly of and normal to the centerline of Route 74, station 37+40.36; Thence along the southerly right of way of Route 74 the following courses and distances: S 50° 27' 41" W, 120.40 feet to a point being 125.00 feet southerly of and normal to the centerline of Route 74, station 36+20.00; Thence S 49° 48' 28" W, 260.19 feet to a point being 134.81 feet southerly of and normal to the centerline of Route 74, station 33+60.00; Thence leaving said right of way, S 38° 01' 52" E, 15.49 feet to the beginning of a curve concave to the southwest having a central angle of 45° 19' 02" and a radius of 560.00 feet; Thence along said curve in a southeasterly and southwesterly direction, 442.92 feet; Thence S 07° 17' 10" W, 644.84 feet to the beginning of a curve concave to the northeast having a central angle of 23° 57' 36" and a radius of 940.00 feet; Thence along said curve in a southwesterly and southeasterly direction, 393.09 feet to the TRUE POINT of BEGINNING, said point being on the east line of the afore said tract of land as recorded in book no. 422 at page no. 697; Thence along said east line, N 07° 17' 10" E, 340.27 feet to, said point being the point of cusp with a curve concave to the northeast having a central angle of 25° 49' 13" and a radius of 860.00 feet from which point a radial line bears S 85° 28' 37" E; Thence leaving said east line and along said curve in a southeasterly direction, 387.56 feet; Thence S 21° 17' 50" E, 381.31 feet to the beginning of a curve concave to the northeast having a central angle of 90° 00' 00" and a radius of 20.00 feet; Thence along said curve in a southeasterly and northeasterly direction, 31.42 feet; Thence N 68° 42' 10" E, 9.18 feet to the beginning of a curve concave to the southeast having a central angle of 150 26' 06" and a radius of 330.00 feet; Thence along said curve in a northeasterly direction, ) 88.90 feet; Thence S 05° 51' 44" E, 60.00 feet to the point the beginning of a non- `�✓ tangent curve concave to the southeast having a central angle of 15° 26' 06" and a radius of 270.00 feet from which point a radial line bears S 05° 51' 44" E: Thence along said curve in a southwesterly direction, 72.74 feet; Thence S 68° 42' 10" W, 9.18 feet to the beginning of a curve concave to the southeast having a central angle of 90° 00' 00" and a radius of 20.00 feet; Thence along said curve in a southwesterly and southeasterly direction, 31.42 feet; Thence S 21° 17' 50" E, 649.03 feet to the beginning of a curve concave to the northeast having a central angle of 23° 57' 57" and a radius of 560.00 feet; thence along said curve in a southeasterly direction, 234.24 feet; thence S 44° 44" 13" W, 80.00 feet to the beginning of a non -tangent curve concave to the northeast having a central angle of 23° 57'57" and a radius of 640.00 feet from which point a radial line bears, N 440 44' 13" E; thence along said curve in a northwesterly direction, 267.70 feet; thence N 210 17'50" W, 1130.34 feet to the beginning of a curve concave to the northeast having a central angle of 04° 37' 25" and a radius of 940.00 feet; thence along said curve in a northwesterly direction, 75.85 feet to the TRUE POINT OF BEGINNING, containing 3.04 acres more or less (132,424.9415 square feet). ARTICLE 3. The City of Cape Girardeau, Missouri hereby accepts a Permanent Drainage Easement executed by D & D Cape Investments, L.P. conveying to the City of Cape Girardeau, Missouri an easement for the Mt. Auburn South project, more particularly described as follows, to -wit: A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A strip of land being 15.00 feet wide lying 7.50 feet along each side of the following described line. COMMENCING at a 80d nail at the intersection of the east line of a tract of land as recorded in the land records of the County Recorder's Office in book no. 422 at page no. 697; and the southerly right of way of Missouri State Route 74 (relocated), said point being 121.83 feet southerly of and normal to the centerline of Route 74, station 37+40.36; Thence along the southerly right of way of Route 74 the following courses and distances: S 50° 27' 41" W, 120.40 feet; Thence S 49° 48' 28" W, 260.19 feet; Thence S 49° 08' 30" W, 405.49 feet; Thence S 28° 42' 25" W, 108.79 feet to a point on the easterly right of way of Interstate Route 55; Thence leaving the afore said southerly right of way and along the easterly right of way of Route 55 the following courses and distances: S 14° 37' 11" E, 206.40 feet; Thence S O1° 47' 59" E, 221.71 feet; Thence S 08° 50' 20" W, 182.20 feet to a point being 298.52 feet easterly of and normal to the centerline of Route 55, station 1275 + 31.58 and the TRUE POINT of BEGINNING; Thence leaving said right of way line, S 85° 00' 14" E, 384.14 feet and there terminating. The sidelines of said easement being prolonged and shortened to terminate at the easterly right of way line of Interstate Route 55. ARTICLE 4. The City of Cape Girardeau, Missouri hereby accepts a Permanent Drainage Easement executed by Wilver W. Wessel and Dolores H. Wessel, husband and wife, conveying to the City of Cape Girardeau, Missouri an easement for the Mt. Auburn South project, more particularly described as follows, to -wit: A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the southwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 646 at page no. 347; thence along the westerly line of said tract, N 07° 17' 10" E, 305.00 feet; thence leaving said westerly line, S 82° 42'50" E, 20.00 feet; thence S 07° 17' 10" W, 305.45 feet to a point on the southerly line of said tract; thence along said southerly line, N 81° 24' 52" W, 20.01 feet to the TRUE POINT OF BEGINNING, containing 0.14 acres more or less (6,104.54 square feet). ARTICLE 5. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Wilver W. Wessel and Dolores H. Wessel, husband and wife, conveying to the City of Cape Girardeau, Missouri an easement for the Mt. Auburn l South project, more particularly described as follows, to -wit: \.•/ A PART OF UNITED STATES PRIVATE SURVEY NO. 174, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the southwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 646 at page no. 347; Thence along the westerly line of said tract, N 07° 17' 10" E, 80.00 feet; Thence leaving said westerly line, S 82° 42'50" E, 20.00 feet; Thence S 06° 35'55" E, 83.34 feet to a point on the southerly line of said tract; Thence along said southerly line N 81° 24'52" W, 40.01 feet to the TRUE POINT OF BEGINNING, containing 0.055 acres more or less (2,409.07 square feet). ARTICLE 6. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 20 A.M. Spradling, III Mayor n ATTEST: Gayle L. Conrad City Clerk w w CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 277 Agenda August 7, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members Subject: Public Hearing and Ordinance on Proposed Property Tax Rates for Fiscal Year Beginning July 1, 2000. This item provides for the holding of an advertised public hearing and the consideration of an ordinance that would establish the property tax rate for the City of Cape Girardeau for the fiscal year beginning July 1, 2000. This public hearing and ordinance are done each year in accordance with statutory requirements, which have been established for the setting of the property tax rates for local governments. In June, the City Council approved an ordinance that adopted the budget for the current fiscal year. The adopted budget contained a proposed tax levy which would meet the requirements of the city and constitutional and statutory requirements for the establishment of a tax rate. The proposed tax levy per $100 of assessed valuation is set at $.65. This would be a rate of $.32 for the General Fund, $.06 for the Health Fund, $.10 for the Debt Service Fund and $.17 for the Library Fund. These are the same rates as set last year. The city's current assessed valuation is $374,308,787. The total property tax revenue was estimated to be $2,263,285. :il The city will also be setting the tax rate for Special Business District No. 2, which is composed of primarily the Downtown area. The proposed tax levy for this area will be $.79 per $100 of assessed valuation. This is the same rate as set last year. The amount of money raised from this levy, approximately $15,500, will be utilized for various improvements within the Special Business.District area. Under current state law, the State Auditors Office is responsible for calculating the allowable property tax rates for each political subdivision. These calculations and the allowable property tax rates normally are received between the scheduled August City Council meetings each year. Therefore, there is a slight possibility that the tax rates originally proposed by the adopted budget would have to be adjusted. Any adjustments could be made by amending the attached ordinance on the second and third readings. In order to complete the fiscal requirements of the current budget year, it is recommended that the City Council hold the advertised public hearing and give first reading to the attached ordinance which would implement the tax rates for the current fiscal year. Respectfully submitted, John Richbourg I Fin ce Director ael G�,M City Manager MGM:gc u r) BILL NO. 2000-202 ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE LEVYING OF THE ANNUAL CITY REVENUE TAX; LIBRARY FUND TAX; PUBLIC HEALTH TAX; DEBT SERVICE FUND TAX; SPECIAL BUSINESS DISTRICT NO. 2 TAX; FOR THE FISCAL YEAR ENDING ON THE 30TH DAY OF JUNE, 2001 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. There is hereby levied for the fiscal year ending on the 30th day of June, 2001, a city revenue tax of Thirty -Two Cents ($.32) on the One Hundred Dollars ($100.00) assessed valuation of all property within the city limits made taxable by law for state and county purposes and not by general law exempt from taxation for municipal purposes. ARTICLE 2. There is hereby levied for the fiscal year ending on the 30th day of June, 2001, a library tax of Seventeen Cents ($.17) on the One Hundred Dollars ($100.00) assessed valuation of all property within the Municipal Library District of the City of Cape Girardeau made taxable by law for state and county purposes and not by general law exempt from taxation for municipal purposes. ARTICLE 3. There is hereby levied for the fiscal year ending on the 30th day of June, 2001, a public health tax of Six Cents ($.06) on the One Hundred Dollars ($100.00) assessed valuation of all property within the city limits made taxable by law for state and county purposes and not by general law exempt from taxation for municipal purposes. ARTICLE 4. There is hereby levied for the fiscal year ending on the 30th day of June, 2001, a debt service fund tax of Ten Cents ($.10) on the One Hundred Dollars ($100.00) assessed valuation of all property within the city limits made taxable by law for state and county purposes and not by general law exempt from taxation for municipal purposes. ARTICLE 5. There is hereby levied for Special Business District No. 2 of Cape Girardeau, Missouri, for the fiscal year ending on the 30th day of June, 2001, an ad valorem real estate tax of Seventy -Nine Cents ($.79) on the One Hundred Dollars ($100.00) assessed valuation of all real estate within Special Business District No. 2 of Cape Girardeau, Missouri, not by general law exempt from taxation. ARTICLE 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 7. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2000. A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad, City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager � Council Letter No. 278 Agenda August 7, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Acceptance of Sanitary Sewer and Water Improvements to Serve the Chateau Girardeau Expansion and Ordinance Accepting a Permanent Sanitary Sewer and Utilities Easement This is to advise that the sanitary sewer extension and water main extension to serve the expansion of the Chateau Girardeau retirement complex, have been completed generally in accordance with approved plans and are ready for acceptance into the City's sewer and water systems. This development is located along the northeast portion of the intersection of Mt. Auburn Road and Independence Street, and is in Sewer District No. 14-J. It is recommended that the sanitary sewer and water improvements, as shown on the plans approved for the above subdivision, be accepted into the City's systems by Council motion and that first reading consideration be given to an Ordinance Accepting the Sanitary Sewer and Utilities Easement. Respectfully submitted, A. Lester, P.E. Engineer Michael G. Miller City Manager MAL/MGM /dc r1 i. FRANCIS MEDICAL CENTER ow S CHATEAU SIRARDEAU pENOENCE v ` PROFESSIONAL CT. 1 si. v BILL NO. 2000-208 ORDINANCE NO. AN ORDINANCE ACCEPTING A PERMANENT SANITARY SEWER AND UTILITIES EASEMENT FROM CAPE RETIREMENT COMMUNITY, FOR A SANITARY SEWER EXTENSION AND WATER MAIN EXTENSION TO SERVE THE CHATEAU GIRARDEAU RETIREMENT COMPLEX BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby accepts a Permanent Sanitary Sewer and Utilities Easement, executed by Cape Retirement Community, a Missouri Corporation, conveying to the City of Cape Girardeau, Missouri, a Permanent Sanitary Sewer and Utilities Easement for a sanitary sewer extension and water main extension to serve the expansion of the Chateau Girardeau retirement complex, more particularly described as follows, to -wit: THAT PART OF OUT LOT NO. 83 IN UNITED STATES PRIVATE SURVEY NO. 2199, IN TOWNSHIP 30 NORTH, RANGE 13 EAST, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at the Southeast corner of Lot no. 15 of Auburn Park Subdivision, a subdivision on file in the Land Records of said Cape Girardeau County, in plat book 9 on page 31, said point also being on the West right of way line of Woodbine Place; thence leaving said right of way line, South 05041131" West, 50.10 feet; thence along the arc of a curve to the right, having a radius of 20.00 feet, a distance of 29.01 feet; thence South 88048148" West, 221.18 feet; thence along the arc of a curve to the right, having a radius of 20.00 feet, a distance of 17.91 feet; thence along the arc of a reverse curve to the left, having a radius of 52.00 feet, a distance of 256.51 feet (the chord of said arc bears South 010 11' 12" East, 65.00 feet); thence along the arc of a reverse curve to the right, having a radius of 20.00 feet, a distance of 17.91 feet (the chord of said arc bears North 63° 09' 16" East, 17.32 feet) thence North 88`48148" East, 201.21 feet; thence along the arc of a curve to the right, having a radius of 75.00 feet, a distance of 80.92 feet; thence South 290 22' 13" East, 84.93 feet; thence along the arc of a curve to the left, having a radius of 125.00 feet, a distance of 64.25 feet; thence along the arc of a reverse curve to the right, having a radius of 243.54 feet, a distance of 25.16 feet (the chord of said arc bears South 55051136" East, 25.15 feet); thence North 37° 05157" East, 50.00 feet; thence along the arc of a non -tangent curve concave to the Southwest, having a radius of 293.54 feet, a distance of 30.32 feet (the chord of said arc bears North 55°51136" West, 30.31 feet) ; thence along the arc of a reverse curve to the right, having a radius of 75.00 feet, a distance of 38.55 feet (the chord of said arc bears, North 440 05141" West, 38.13 feet); thence North 290 22' 13" West, 84.93 feet; thence along the arc of a curve concave to the left, having a radius of 125.00 feet, a distance of 29.58 feet; thence along the arc of a reverse curve to the right, having a radius of 30.00 feet, a distance of 25.46 feet (the chord of said arc bears North 18037107" West, 24.70 feet); thence North 05041131" East, 80.15 feet; thence North 84018129" West, 50.00 feet, to the point of beginning and containing 36,755 square feet, or 0.84 acres, more or less. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF ATTEST: Gayle L. Conrad City Clerk , 19 A. M. Spradling, III, Mayor m ��L �L� lio ORDINANCES CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 304 Agenda August 21, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Public Hearing on Request for Rezoning 327 South Lorimier Street and a Special Use Permit for Mini -Storage Units Following the Planning and Zoning Commission's recommendation for denial, Mr. Stone requested a formal public hearing and appeared before the Council at your August 7h meeting. At the hearing, Mr. Stone showed the Council an alternate site plan and stated that this was what he was really planning on. The alternate site plan was not submitted with the application and was not discussed with the Planning and Zoning Commission at their July 12th meeting. At the staff s request, Mr. Stone faxed a copy of the alternate site plan to us on August 8`'' and it was presented to the Planning and Zoning Commission for review at their August 91' meeting. In addition to altering the site layout, the alternate plan includes the equivalent of four additional units and the units would encroach into both the required front and rear yards. The Planning and Zoning Commission reaffirmed their recommendation for denial for the same reasons given originally, plus the setback encroachment proposed in the alternate plan. Attached as Exhibit No. 1 is Mr. Stone's alternate plan, with staff notes included. For comparative purposes, Mr. Stone's original plan is attached as Exhibit No. 2. Certified copies of the following items are herewith presented as evidence in the 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. 61 Honorable Mayor and Council Members Agenda August 21, 2000 Page 2 If the Council decides to grant the rezoning and the Special Use Permit tabled at the August 7`h meeting, an ordinance is attached for first reading consideration. Resp tfully submitted, 1,4 Kent M. atton Direct of Planning Services ft'cfiael G. Miller City Manager KBM/MGM/rlf u M --;;Vt �lcv lr--x 4o V) U-4 III Avy-o-R-0, (A9c4l-5-1 rtes l 0 X20 o9i")3SCA,41+-S �%w. I f-A.,i ) ---- -- , Y2,cj 20 JA Cot'j -4 OOR PL/\N am 03 "?o r /,j "r /a " C./ka I ,5'o u 44 r) Ex, un I Ir ly , - , j- t,,,Zvf) -Z4 travIc.-i -5-ya4 Wel (1,111A r t2o- LA.5 J- 4114� m e J 10 30 Vle.1-le-J) 2" X 4" STUD WALL WITH METAL WALLS DIVIDING UNITS WILL METAL SIDING ROOFING ON BE 2" X 4" STUD WALL WITH MASONRY 3 -HR ON FRONT & APPROX. 2/12 PLYWOOD FIRE RATING GABLE ENDS WALL._..... -------- -------- ; ------------------ -------------------------------- 25'72 6-4—t-10'4 t —o 1-10'6 —W4 — -1—oulTO io PROPERTY LINE — — — — — — — ---------------------------i - I- tA 1 OX 5'4t5'4 5'4 1"64 3 10'4 — 10'4 — 10'4 0'5 1 OX 10'4 10'4 10'4 — .10'6 ........................... ........ ------ ............................. .............. ......... .............. ................... ................... MASONRY 3 -HR FIRE RATING PROPOSED STORAG UNITS AT WALL 327 S. LORIMAR 25'1 "6 Il 30-39 Sec- 3039. Special use regu4tious. (a) Subject to the provisions of this section, the city council may by ordinance on its own motion or on application grant a special use permit for the special uses enumerated fthis section to any from districts as herein qualified fm which the uses are otherwise prohibited by this chapter. The cityu - council shall impose appropriate conditions and safeguards for the 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 requirements for the size or design of buildings and other improvements upon the property, all for the purpose of protecting the comprehensive plan and conserving and protecting property and prop- erty values in the neighborhood. (b) Applications for special use permits shall be made and processed in the same manner 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 haz- ards or congestion. b. Substantially increase fire hazards. c. Adversely affect the character of the neighborhood; or in respect to spe- cial use permits for dwelling pur- poses where required, 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 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 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. CAI'(: GIIIARDEAU CODE No structures shall be erected or n main on any portion of the lot except as provided for under item g. hereof d. No signs shall be erected on the park- ing area except as approved by the city council. c. Parking areas shall be used for park- ing patrons, private passenger vehi- cles only, and no 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 parking area adjoins a dwell- ing use, it shall have a minimum side yard often (10) feet. g. The parking area shall be suitably screened or fenced, paved and drained, lighted and maintained free of debris. (21) Any "C" district use in an "R" district. (22) All uses for which special use permits are required by other sections of these regal, Lions. (23) Buildings in excess of the height and story requirements set forth in section 30-36 for 'RJ" and "C-2" districts, provided side yards are increased in width one (1) foot for each f t of height that the building exceeds the height regulations of the district in which it is located up to a height of seventy-five (75) feet and thereafter no increase in side yards shall be required for any height in excess of seventy-five (75) feet. (24) Any *C" district use in a more restrictive "C' district. ( citizen housing under the following tions: Allowed only in 'R-3,' "R-4' and "C" areas; It. Only senior citizens, handicapped or disabled individuals would be permit. Led to rent, purchase or inhabit units allowed under this chapter. c. A permanent sign, prominently dis- played, must be placed on the building clearly labeling the structure ss senior citizen housing, and also having there- upon the ordinance number establish- ing the structure as senior citizen hous- ing. (26) Reserved. (27) The manum facture of commercial cooking and catering equipment in "C-3" districts. (28) Recycling in "C-2," "C-3; "M-1" or 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 handling of the above- described materials, other 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 dis- charge. Provided further that my process- ing of such materials shall not create a nuisance or health hazard by virtue of noise, odor, emission, discharge or byproducts. Loading and unloading of materials from transport vehicles rhall be completed and the transport vehicles removed from the premises within twenty-four (24) hours of the receipt of a transport vehicle on the premises. Exclusions: a. No special use permit shall be required under this section for any person, com- pany or firm engaged in recycling ac- tivity of its own products which are manufactured or sold on the premises when such recycling is done in support of the principal operation of that busi- neas. b. No special use permit will be required under the provisions of this section for recycling activity, conducted by non- profit organizations for periods net es- cceding thirty (30) days in any calen- dar year. ZONING (d) Special uses. (1) Public or private lending field, landing strip, helicopter landing pad, heliport or other landing area for all forms of aircraft; auto 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 my department of the city or county government, or a school district. Also, of- fices, warehouses, and other support build- ings for local units of government and sub -state agencies, unless otherwise lo- cated within a zoning district which would allow a commercial or institutional facility of the same nature as a use -by -right. (4) Cemetery, crematorium or mausoleum. (5) Church or other place of worship, or Sun- day school, in 'R -I,' "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 pe- riods. (8) IReserued.l (9) Institution, college, or hospital provided that any hospital or institution permitted 1965 130-39 in my 'R" district shall be located on a site of not Ins than five (5) acres, shall not occupy more than forty (40) percent of the total lot area, and stall be act back from all yard lines at least two (2) feet for each toot of building height. (10) Morins, or dock. (11) Nursing home in "R" districts. (12) Office building of a civic, religious or char- itable organization, conducting activities primarily by mail and not handling mer- chandise or rendering services on the prem- ises, but only within the "114' 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 (C-1 Districts) and 30-33 (M-1 Dis- tricts). (I8) Travel trailer camp, in the "C-2," "C-3" 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) The extraction of sand, gravel, and other raw materials requiring the removal of an overburden above the deposit, provided, however, any bulk storage of extracted ma- terial or overburden and any processing or extraction machinery or the open face of any cut shall be at least five hundred (500) feet from any residential structure, street, or place. (20) Parking lots on land in "R' districts within three hundred (300) feet from 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 rom- mercial, business or industrial district. b. No business involving the repair or service of vehicles, or sale, or display thereof shall be conducted from or upon such parking areas. 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 for resale to the public for profit. (29) Residential or outpatient facilities for the treatment of alcohol or other drug abuse for not exceeding twenty (20) persons in "R-4" districts, or for more than twenty (20) persons in "C" districts, with the provision that no special use permit shall be issued for such a facility unless the applicant for such permit provides evi- dence that he has provided written noti- fication of 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 exterior appear- ance of the treatment facility shall rea- sonably conform to the exterior appear- ance of 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. (30) Single or double -wide, manufactured home or manufactured business units for office purposes only in 'M-2" heavy industrial districts. (31) Family day care homes for the care of more than six (6) children but not more than ten (10) children in a residential (32) Excursion gambling boat or Boating gam bling facility in any "C" or "M" district, or combination thereof, with the following provisions: a. Accessory uses directly connected, associated or linked with the opera tion of an excursion gambling boat or Boating facility shall be included with, and made a part of, any special use permit issued therefor and shall also be within a "C" or 'M' district, or combination thereof. S.". Ns. 12 1966 ti,.nn ", I: 1967 Im Accessory uses associated with a,. excursion gambling boat or Boatinj facility shall include the following: 1. Boat support facilities 2. Decking or mooring facilities. 3. Employee support facilities. 4. Ground transportation facili ties. 5. Passenger ticketing and recep tion facilities. 6. Parking facilities. 7. Security facilities. 8. Signs, including those attache( to a building or other structure a boat or Boating facility, o. otherwise placed on the prem ises constituting an excursior gambling boat or Boating facil ity site. Off-street parking. Off-street park ing and loading facilities shall b provided as specified in section 30-3'. of this chapter, except that the rr quirenteat for o&street parking fu an excursion gambling boat or float ing facility and its amessery use shall be one and one-half (14a) space for every two (2) passengers, base on maximum oeeupancy, plus one (1 space per employee on the maxim— shift. In addition, full-size bus part. ing spaces shall be provided as ri quired by the planning and zonin commission and city council. Site development plan. In applyin for a special sue permit under thi section, the developer(s) shall sul mit a formal site plan for revicv which includes, but is not necessa: ily limited to the following: 1. Maps and other graphics Ind eating the boundaries of It. development and all proPertn to be included, indicatir. whether such properties ar owned, leased. optioned, or Pr posed for such. 130-" CAPE GIRARDEAU CODE 2. The locations and general sizes Ball buildings, structures, park_ ing lots and other facilities cam - prising the development. includ- ing data en size, facilities, and socupancy, limits of the planned elrurrsien gambling boat or float- ing facility, and accessory uses. 3- Evidence that the development contains sufficient land to pro vide for any necessary or pro- posed land -side development and support facilities, includ ing parking, and the develop- ment includes sufficient river frontage to accommodate lova Lion and operation of the planned excursion gambling boat o, floating facility. 4. M impact analysis including, but not limited to, expected ac- crssmutes, traffic volumes, peak hours of operation, needed road or street improvements and traf- fic controls necessary to accom- modate the proposed uses and tt-atfc volumes, and plans for .11 -site security and disaster re sponse. c. All buildings and permanently moored structures shall -comply with applicable standards of the city's building codes. Further, no occu- pancy permit for any accessory use set forth in this section shall be issued prior to the issuance of occu- pancy permits for all new land-based permanent structures proposed as a part of the development. The city council may, however, at its disere- tior, approve a temporary occupancy permit for any accessory use for a period of one (1) year if the required land-based structures are not com pleted. (33) Mini warehouse or self -storage units in "C-1" or "C-2" districts. (34) Parking garages: For enclosed or semi enclosed parking garages only, parking pp. Ne 17 space dimensions leas than the minimum size required in this ordinance may be approved under a special use permit. A buildiWparking plan and documentary justification for a requested variation from the minimum standards most be submit- ted with any application hereunder. (35) Assembly and manufacture from pre- fabricated parts of electronic and similar products in C-2 districts. (36) Single or double -wide, manufactured home or manufactured business units for I— porary office purposes only during con- struction or remodeling of a main build- ing in 'M-1" Ught Industrial Districts - My special use permit, if approved, will become effective only upon the issuance of a building permit for a main building. All such temporary office units shall be re- moved upon occupancy of the completed construction or completion or abandon- ment of the construction work, whichever occurs first. (37) Double -wide manufactured homes (mo- bile bones) in "R-1; 'R-2; "R-3; or "114" districts, with the following provisions: a. The manufactured home shall be in compliance with Federal Manufac- tured Home Construction and Safety Standards, adopted June 15, 1976, ss amended, and Missouri Public Service Commission rules: b. The unit when complete shall have a minimum width of not less than twen- ty-four (24) foundation feet as mea- sured at all points perpendicular to the length of the manufactured home, which shall not be less than forty two (42) foundation feet. This stan- dard is intended to restrict units to the type which are brought to the site in parts, typically two 121 halves and at least one thousand right (1,008) square feet minimum. c. All wheels, springs, axles, lights, and towing apparatus shall be removed. 1968 ('AI'I: GIMIDEAU 0011 : tial car for residential in combination with shop- ping venter uses as set forth in section 3031. The development plan shall be referred to the plan ning and zoning commission for study and report. Approval shall be conditioned upon specific find- ings that Lite proposed community unit plan meets the following conditiens: (1) That the proposed development of any "C-4" planned commercial district i - eluded as a part of the plan complies with the regulations for those districts as set forth in section 30-31. (2) Tlrat the buildings, other than those lo- cated within a "C-4' district, located in the area shall be used only for one -family dwellings, two-family dwellings, or multi- ple dwellings and the usual accessory uses such as private or parking garages, storage space and for community activi- ties, including churches and schools. (3) That the average lot area per family con tained in the site, exclusive of the area occupied by a 'C-4" district or by streets, will not be less than the lot area per family required in the district in which the development is located. (4) That the area is adaptable to complete community development, being bounded by major thoroughfare's, streets, rail- roads, or other external barriers, and in- sofu as possible without a major thor- oughfare extending through the project, "my other physical feature which would tend to impair the neighborhood or com- munity cohesiveness. (5) That no more than twenty-five (25) per- cent of the gross area of the project be devoted to it "Ca' district and that no more than fifty (50) percent of the gross area of the project located in a single- family district be devoted to multiple - family dwellings. (6) that affident area is reserved for mcre- ationd and educational fadlities to meet the needs of the anticipated population. or as designated In the comprehensive plan. (7) That property adjacent to the a eluded in the plan will not be adversely affected and to this end, the city council may require, in the absence of any appro- priate physical barrier, that uses of least intensity or a buffer of open space or screening be arranged along the borders of the project. (8) That the plan is consistent with the intent and purposes of this chapter to promote public health, safety, morals, and general welfare. (D If the city council approves the plans, build ing permits and certificates of occupancy may be issued, even though the use of the land and the location and height of buildings to be erected in the area and the yards and open space contem plated by the plan do not conform in all respects to the district regulations of the district in which it is located. (g) M application for a special use permit under this section may be made and processed contemporaneously with it proposed amendment of the district in which such site lies. (h) A special use permit shall automatically expire upon the failure to develop the use of the land for which the special use permit has been issued if the use is not developed within twelve (12) months after the permit has been issued. (i) In the event the use of the land for which the special uae permit has been issued is discon- tinued for a period of ane (1) year, then the special use permit shall automatically expire. (Code 1967, 130-38; Ord. No. 660, 4 2. 2-1-89; Ord. No. 754, 4 1. 9-18-89; Ord. No. 793, Ari. 1. 12-18.89; Ord. No. 845, arts. 4. 5, 4.16.90; Ord. No. 962, art. 3, 1-16-91; Ord. No. 1085, art. I. 9-16-91; Ord. No. 1237, art. 3, 9.21-92; Ord. No. 1459, art. 2, 12-20-93; Ord. No. 1529, arts. 2. 3. 5.16-94; Ord. No. 1551, arts. 5, 6, 6-20-94; Ord. No. 1730, art. 2.6-19-95; Ord. No. 1779, arts. 5, 6, 9-18.95; Ord. No. 1904, art. 1, 2-20-96; Ord. No. 2080, art. 1, 11-I8-96; Ord. No. 2198, arts. 7, 8, 7.21.97; Ord. No. 2252, art. 2, 10.20-97; Ord. No. 2259, art 1, 10-20-97; Ord. No. 2487, art. 2, 2-16.99) 1970 _1 ZONING The unit must be permanently in stalled on a properly designed. en- closed foundation system in accor- dance with the BOCA National Building Code. Orieatatioa of the manufactured housing unit on the lot shall conform to the same orientation as the ma- jority of conventionally built struc- tures in the immediate area (within three hundred (300) feet). Example Front door to front lot line, rear door to rear lot line. Roof must be a gable or hip roof of at least three (3) in twelveit2) Rfift_.9f, , greater and covered with material that is residential in appearance, including, but not limited to ap- proved wood, asphalt composition or fiberglass shingles, but excluding oor- rugated aluminum, corrugated fiber- glass, or metal roofs; except for per- mitted deck areas, all roof structures shall provide an eave projection of no less than six (6) inches and no greater than thirty (30) inches. g. Exterior siding or covering shall be of a type, quality and appearance customarily used on conventionally built homes. h. The lot shall be provided with a hard surface (not earthen in nature) drive- way not less than nine (9) feet wide with side -yard parking sufficient for the placement of at least two (2) vehicles. i. A minimum of eighteen (18) inches of crawl space under the entire man- ufactured home shall be maintained. j. Permanent steps shall be set at all extemal exits with appropriate hand- rails and/or guard rails. k. The unit shall be served by a water supply and sewage disposal system in accordance with the International Plumbing Code, as currently adopted by the city. svpp No zc 1969 13049 1. The unit shall be served by an elec- trical service in accordance with the National Metrical Code, as cu, neatly adapted by m. Any such, shall conform toof app.�.ty g and subdivision ordi-' other pertinent ordinance in effect at the time of installation or wnstruction, including setback requirements. (38) Halfway houses for the rehabilitation of adult persons who are prisoners or former prisoners, may only be located in C-1, C-2, C3, M-1, M-2, and A-1 zones, and, if approved, are subject to the following additional conditions: e. One (1) parking space for every four (4) residents, including staff msi- dents. b. The proposed facility shall provide appropriate and reasonable security. c. The facility shall have no exterior evidence of such use and no sign advertising such use. d At the time of original approval, if the proposed facility is to be located within five hundred (500) feet of another such facility public, private or parochial school, group home for adults or juveniles, nursing, rest or convalescent home (center), child -'s nursery u boarding home, day care center, residential sone, existing res- idential use, or facility for the men Lally or physically handicapped. the city council may require such addi tional conditions on the special -- permit as it feels are necessary V minimize the effect of the proposec use on the surrounding properties. e. The applicant shall demonstrate tha there shall be no negative impact of property within five hundred (500 feet of the proposed facility. (39) Microbrewery or pub brewery in a "C-2' 'C-3", or 'M-1 district. (e) Community unit plan. The owner of an tract of land may request a special use permit fc the use and development of such tract for resider IN r) BILL NO. 2000-186 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 327 SOUTH LORIMIER STREET, CITY AND COUNTY OF -CAPE GIRARDEAU, MISSOURI FROM R-4 TO C-2 WHEREAS, the City Planning and Zoning Commission has recommended for disapproval the application that all of the property described in Article 1 of this ordinance should be rezoned from R-4, Multiple Dwelling District to C-2, General Commercial District, and the Applicant has requested a public hearing; 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, August 7, 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 to C-2, General Commercial District; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present R-4, Multiple Dwelling District to C-2, General Commercial District, for the following described property: ALL OF THAT PART OF LOT N0. TWENTY-SEVEN (27) IN RANGE (H) IN THE CITY OF CAPE GIRARDEAU, MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING FORTY (40) FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT N0. TWENTY-SEVEN (27), RANGE (H) THEN RUN NORTH ALONG LORIMIER STREET FORTY-SEVEN (47) FEET; THENCE RUN WEST PARALLEL WITH THE NORTHERN BOUNDARY LINE OF SAID LOT NO. TWENTY-SEVEN (27) ONE HUNDRED EIGHTY (180) FEET TO AN ALLEY; THENCE RUN SOUTH ALONG SAID ALLEY, FORTY-SEVEN (47) FEET, THENCE RUN EAST ONE HUNDRED EIGHTY (180) FEET TO THE PLACE OF BEGINNING. 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 C-2, General Commercial District, and that such changes authorized hereby are reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF 20 ATTEST: Gayle L. Conrad, City Clerk A. M. Spradling, III, Mayor 2 /I BILL NO. 2nOn-187 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO LARRY W. STONE, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING MINI -STORAGE UNITS AT 327 SOUTH LORIMIER STREET, IN THE CIx. AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Larry W. Stone is the owner of certain property in the City of Cape Girardeau, on which he desires to construct, maintain and operate mini -storage units; and WHEREAS, the proposed location of said mini -storage units is 327 South Lorimier Street, 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 constructing, maintaining and operating mini -storage units, on the following described property: ALL OF THAT PART OF LOT N0. TWENTY-SEVEN (27) IN RANGE (H) IN THE CITY OF CAPE GIRARDEAU, MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING FORTY (40) FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT N0. TWENTY-SEVEN (27), RANGE (H) THEN RUN NORTH ALONG LORIMIER STREET FORTY-SEVEN (47) FEET; THENCE RUN WEST PARALLEL WITH THE NORTHERN BOUNDARY LINE OF SAID LOT NO. TWENTY-SEVEN (27),ONE HUNDRED EIGHTY (180) FEET TO AN ALLEY; THENCE RUN SOUTH ALONG SAID ALLEY, FORTY-SEVEN (47) FEET, THENCE RUN EAST ONE HUNDRED EIGHTY (180) FEET TO THE PLACE OF BEGINNING. is hereby granted to Larry W. Stone, 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- A. 0 . W n SPECIAL USE PERMIT Larry W. Stone, 339 South Lorimier Street, Cape Girardeau, MO 63703, is hereby granted a Special Use Permit for purposes of constructing, maintaining and operating mini -storage -u -n -its, on the following described property for an indefinite period of time: ALL OF THAT PART OF LOT N0. TWENTY-SEVEN (27) IN RANGE (H) IN THE CITY OF CAPE GIRARDEAU, MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING FORTY (40) FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT N0. TWENTY-SEVEN (27), RANGE (H) THEN RUN NORTH ALONG LORIMIER STREET FORTY-SEVEN (47) FEET; THENCE RUN WEST PARALLEL WITH THE NORTHERN BOUNDARY LINE OF SAID LOT NO. TWENTY-SEVEN (27),ONE HUNDRED EIGHTY (180) FEET TO AN ALLEY; THENCE RUN SOUTH ALONG SAID ALLEY, FORTY-SEVEN (47) FEET, THENCE RUN EAST ONE HUNDRED EIGHTY (180) FEET TO THE PLACE OF BEGINNING. 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. 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 F 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 6.128/2000 filed by Larry W. Stone for the property located at 327 South Lorimier Street in Cape .; and a ., DMEHFUFM In examining this application, the following factors were considered and found as noted: 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 Yes No N/A X -X -X 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 n EXHIBIT B (IF DENIED) CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS -- - Now on this day of I , the Cape Girardeau City Council considered the application for Special Use Permit dated 6/28.12000 filed by T.nrry W. Stone for the property located at '127 South i_orimi S pet in Cape ardeau, for the purpose . •• •• maintaining—and ••- •• 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 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 0 CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Rezoning and Special Use Permit Recommended Action: That the request of Larry W. Stone to rezone 327 South Lorimier Street from R-4, Multiple Family Residential District, to C-2, General Commercial District, and for a Special Use Permit for mini -storage units at that location, be recommended for disapproval. (Motion was made for approval.) Vote Count: Favor — 0 Oppose — 9 Abstain — 0 Date Recommendation Made: July 12, 2000 List the time period, ownership, size, design, or other limitations recommended: Comments: The Commission's findings in regard to the application were that it would adversely affect the character of the neighborhood, and substantially increase traffic hazards. Citizens in attendance at meeting: Larry Stone — applicant; Bruce Melvin — 325 South Lorimier Street Secretary CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning ® OR Special Use Permit File No. 97 Address of Property 3a 7 Sou+h Lor; mier 5freel CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? 4�es 2. Is plat sufficient? Tp� 3. Will intended use conform to requested zoning? I e5 4. Has intended use already commenced? /fib 5. Comments: —kp" G'-4'13-60 CityPlanner/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: . /� IG V/ i CITY V" Y�5 yes � Yes J�N� ova Date AAANAGER 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 �,0—co� Revised 4/21/1998 V City of Cape Girardeau, Missouri Application For Rezoning - 0 OR Special Use Permit - Date Received in Planning Services Office: By: SECTION A 1. Description of the project: CONCRETE BLOCK & FRAME,140x20 building.designed for approx.THIRTY (30) PULIC STORAGE UNITS OF 5 4 x 11 4 x 10 10. a center drive -way of 14 6 between the two rows of units opening on the WEST SIDE TO S.FOUNTAIN ST. MASONRY 3 HRS.FIRE TATING WALLS ON N. & S. PROPERTY LINES. 2. Street address of tract (or other location description): 327 S. LORIMIER,STREET, CAPE GIRARDEAU,MO. 63703 3. Names and addresses of all legal owners of tract: Larry W. Stone 339 S.Lormier ST. Cape Giraedeay,Mo.63703 4. Present zoning classification: R/4 5. Requested new zoning classification: C/2 6. Requested special use: For a multiple Mini -Storage Bldg. 7. Person handling this application (name, address, phone number): Same as owner (573)651-4028 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 1. Legal description of tract: ALL OF THAT PART OF LOT NO. TWENTY-SEVEN (27) IN RANGE (H) IN THE CITY OF CAPE GIRARDEASNORTH,OOFRTHEASOUTHEASTYCORNERIOFDSAIDAS FOLOTONO. BEGINNING FORTY (40) FEETER TWENTY -SEVEN '(27),RANGE LEL WUN �THHTHEONORTHERNIBOUNDARYTLINETY -SEVEN (47): TMtNCE RUN WEST PARAL OF SAID LOT NO. TWENTY -SEVEN (27), ONE HUNDRED EIGHTY (180) FEET TO AN FORT-SVEN (47)F ALLEY: 'THENCE.RUN SOUTH AYON180AIYPLACEYOFEBEGINNINGEET,THENCE RUN EAST ONE HUNDRED EIGHT ( ) T0 THE 327 S.LORIMIER STREET,CAPE GIRARDEAU,MO. 63703 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 corners on tract or which is across streets or allevs. Bruce & Barb Melvin 325 S.LORIMIER, Cape Girardeau,Mo.. 63703 Roger Poole 326 S.Lorimier, Cape Girardeau,Mo.63703 deliver to- 1437 N.Spanish St.,Cape Gir. Mo. My Bros. Investment 318 - 322 S.Lorimier Cape Girardeau,Mo. 63703 deliver to- 230 N.SPRIGG,CAPE GIR.MO. Thomas L.Meyer Realty 315 S.Lorimier, Cape Girardeau,Mo. 63703 deliver to - 230 N.SPRIGG,CAPE GIR.MO.63703 Joe RUSSELL 324 S.FOUNTAIN, CAPE GIRARDEAU,MO.63703 James Moyers 324 s.lorimier, Cape Girardeau,Mo. 63703 deliver to - LIMBAUGH RUSSELL PAYNE & HOWARD 2027 BROADWAY, CAPE GIRARDEAU,MO.62701 deliverto- James Moyers P.O. BOX 993, Cape Girardeau,mo.63703 Page 4 C 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. . W.CTION 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. FOR MULTIPLE MINI - STORAGE UNITS 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. AS PREVIOUSLY 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. NO fir/ n 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. I BELIEVE THIS PROJECT IS A BENEFIAL ASSET FOR THE SOUTHEAST PART OF CAPE GIRARDEAU,MO.WHICH MOST CITIZENS ARE INFAVOR OF IMPROVING. IT WILL BBA NICE LOOKING BUILDING AND SURRONDING AREA THAT PEOPLE WILL NOTICE WHEN ENTERING CAPE FROM THE NEW RIVER BRIDGE ENROUTE DOWNTOWN.;THEY WILL SEE IMMEDIATELY THAT THEY WILL HAVE AN ATTRACTIVE,SECURE STORAGE FACILITY FOR THBIR PROPERTY WHETHER HERE TEMPRORARY OR LONG TERM STORAGE. THERE ARE NUMEROUS RENTAL LIVING GUARTERS IN THE IMMEDIATE AREA WITH MORE PLANNED IN THE NEAR FUTURE. Revised 11/30/98 t4al 1104i Qp TO, r) WALLS DIVIDING UNITS WILL 8E3.X4^STUD WALL WITH MASONRY3'HR PLYWOOD FIRE RATING 2^X4^STUD WALL WITH METAL SIDING METAL ONFRONT & ROOFING ON . APPROX GABLE ENDS . 2/12 ---------- ------------------- --'_--.------- to` ` | � r) ED ;;;r PROPERTY LINE | —'[11'0�6 ION —10-4j:�10-4j W5 '4f—_j1'4'J—A0'4 —10 1014+4tq 5�415J 5'3 10_ 14—t- -------.. ----' MASONRY 3 -HR FIRE RATING PROPOSED STORAGUNITS AT WALL 327S.LOR|MAR —10161— J - — -- — — -1-&4 t—, c�4 I —lo�4t �-o-4 lu . . . . . . . . . . . 5+5 4f6'4—.. 5T4 L — 1 . | � r) ED ;;;r PROPERTY LINE | —'[11'0�6 ION —10-4j:�10-4j W5 '4f—_j1'4'J—A0'4 —10 1014+4tq 5�415J 5'3 10_ 14—t- -------.. ----' MASONRY 3 -HR FIRE RATING PROPOSED STORAGUNITS AT WALL 327S.LOR|MAR 59 i Q d L cn L E L- 0 O J t O cn ti N M n w x a� Iv N x E H N C Q� C_ � C L 0 C;) N N _ 0 Qi w � � a m N N 0) Q%I > L E C c E c C- C- N N N O O O N N r 7 ch N a) C i a CD +a is REASONS FOR DISAPPROVAL OF SPECIAL USE PERMIT Section 30-39. Special use regulations. (b) Applications for special use permits shall be made and processed in the same manner 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 hazards or congestion. (b) Substantially increase fire hazards. X_ (c) 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. (d) Adversely affect the general welfare of the community. (e) Overtax public utilities. (f) Be in conflict with the comprehensive city plan. N RIS i Ii NIC DR. BCRTLINC & —LEY DR. Ly f�Sl AP AHA L C HILL ` CARTER SI ,LL `\ wy a IT iQQ ST. 4atRCC FRANC RD. DR,ANp-' CAP i 4 L <S ff MARIE8 OZARK ST. TTA 51 W. 1x11 B oL AOONS MCK A D•9. ST A AO y� Y LN. CRCER' u SYIV Wmµ QP / CEORQA j� S BU R AN Si. < l LA m MARYy� Sl. ry w p DR. ' TENNI NCF *AN ST WA ANN u � � 3 • DR. l RfMEG / 2�t SST STODppARD uADT50N S-. .E'lOM / O RECAR ti. St. STODDARD OR. BARpO Dp DR. ST. 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City of Cape Girardeau, Missouri Office of the City Manager Council Letter No. 305 Agenda August 21, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Ordinance Accepting Easement This ordinance provides the necessary access to the City and its agents for the relocation of a storm sewer line across the Kidd Oil Company property located at 103 North Kingshighway. It is therefor requested that first reading consideration be given to the attached ordinance accepting Storm Drainage Easement from Kidd II, Inc. to the City of Cape Girardeau. MAL/MGM/mg �il Respectfully submitted, w r) cn wLij Z co co cc rids Q H w m KINGSHIGHWA`( U � � J M n, W O 3 bp�8 off. 1SIW� d1 0 r) BILL NO. 2000-212 ORDINANCE NO. AN ORDINANCE ACCEPTING A STORM DRAINAGE EASEMENT FROM KIDD II, INC., FOR RELOCATION OF A STORM SEWER LINE AT 103 NORTH KINGSHIGHWAY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby accepts a Storm Drainage Easement, executed by Kidd II, Inc., a Missouri Corporation, conveying to the City of Cape Girardeau, Missouri, a Storm Drainage Easement for relocation of a storm sewer line across the Kidd Oil Company property located at 103 North Kingshighway, more particularly described as follows, to -wit: A STRIP OF LAND 30.0 FEET WIDE IN LOT 5 OF R.L. STURDIVANT'S SUBDIVISION OF OUT LOT NO. 81, SURVEY NO. 2199, IN TOWNSHIP 31 NORTH, RANGE 13 EAST, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, AS SHOWN IN PLAT BOOK 2, PAGE 61, BEING 15.0 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE TO -WIT: Commence at the Northwest corner of said Lot 5; thence South 50 50' 20" West along the West line of said Lot 5, 371.16 feet to the intersection of the Northeast right- of-way line of the Missouri Pacific Railroad (now abandoned); thence South 57° 27' 30" East along said Northeast line, 324.51 feet; thence South 32° 32' 30" West, 23.40 feet to the Point of Beginning; thence South 240 54' 45" East, 93.15 feet; thence South 770 41' 09" East, 148.05 feet to the intersection of the West line of North Kingshighway (U.S. Highway 61) and there terminating. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. n PASSED AND APPROVED THIS DAY OF , 2000. A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk 61 CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 306 Agenda August 21, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: An ordinance accepting permanent and temporary easements from Greater Cape Girardeau Area Benevolent Association and Biokyowa, Inc. for right-of-way to construct and maintain a rail spur in the Nash Road Industrial Park Greater Cape Girardeau Area Benevolent Association and Biokyowa, Inc. have agreed to grant permanent and temporary construction easements and assignment of a permanent easement for construction and maintenance of a rail spur designed to serve additional businesses located in the Nash Road Industrial Park. The easements are for the Biokyowa Rail Spur Extension Project, funded in part by a Community Development Block Grant and are conveyed at no cost to the City of Cape Girardeau. The attached ordinance accepting the easements is formally presented for consideration and staff recommends that the Council approve the first reading. submitted, Michael G. Miller City Manager BILL NO. 2000-213 ORDINANCE NO. AN ORDINANCE ACCEPTING PERMANENT AND TEMPORARY EASEMENTS FROM GREATER CAPE GIRARDEAU AREA BENEVOLENT ASSOCIATION AND BIOKYOWA, INC. FOR RIGHT-OF-WAY TO CONSTRUCT AND MAINTAIN A RAIL SPUR IN THE NASH ROAD INDUSTRIAL PARK BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby accepts a Permanent Easement Assignment for maintenance of a rail spur, executed by Greater Cape Girardeau Area Benevolent Association on property located in the Nash Road Industrial Park in the County of Cape Girardeau, State of Missouri, more particularly described as follows, to -wit: A STRIP OF LAND BEING 25 FEET WIDE, BEING A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The west 25 feet of the tract of land recorded in the land records of the County Recorder's Office in book 471 at page 479 wherein the Grantor reserved for itself, its successors and assigns, an easement for railroad purposes. ARTICLE 2. The City of Cape Girardeau, Missouri, hereby accepts a Permanent Easement for construction and maintenance of a rail spur, executed by Greater Cape Girardeau Area Benevolent Association on property located in the Nash Road Industrial Park in the County of Cape Girardeau, State of Missouri, more particularly described as follows, to -wit: A STRIP OF LAND BEING 100 FEET WIDE, LYING 50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE, TO -WIT: A PART OF THE SOUTH HALF OF SECTION 27, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the southwest corner of a tract of land recorded in the land records of the County Recorder's Office in book 471 at page 479; Thence N 8922'30" E, 15.68 feet to the point of beginning; thence S 01 24'01 " E, 1271.86 feet to the beginning of a curve concave to the northwest having a central angle of 9021'56" and a radius of 521.67 feet; thence along said curve in a southwesterly direction, 822.77 feet to a point being 50 feet north of and normal to the south line of said Section 27; thence S 8857'55" W, 819.98 feet to the beginning of a curve concave to the northeast having a central angle of 8949'43" and a radius of 521.67 feet; thence along said curve in a northwesterly direction, 817.88 feet to a point being 20 feet east of and normal to the west line of a tract of land recorded in the land records V of the County Recorder's Office in book 897 at page 770; thence N 0112'23" W, 516.22 feet to the beginning of a curve concave to the southwest having a central angle of 1637'37" and a radius of 478.34 feet; thence along said curve in a northwesterly direction, 138.81 feet and there terminating at a point on the west line of said tract recorded in book 797 at page 770. ARTICLE 3. The City of Cape Girardeau, Missouri, hereby accepts a Temporary Construction Easement for construction of a rail spur, executed by Greater Cape Girardeau Area Benevolent Association on property located in the Nash Road Industrial Park in the County of Cape Girardeau, State of Missouri, more particularly described as follows, to -wit: A STRIP OF LAND BEING 50 FEET WIDE, MORE PARTICULARLY DESCRIBED, TO -WIT: A PART OF THE SOUTH HALF OF SECTION 27, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a Concrete Monument at the Southeast corner of said Section 27, thence S 8857'55" W, 2834.49 feet along the South line of said Section 27 to the southeast corner of a tract of land recorded in the land records of the County Recorder's Office in book 1060 at page 880; thence N 0037'30" W, 100.00 feet along the east line to a 1/2" Iron Pin (set) at the northeasterly corner of said tract, and being the point of beginning; thence continuing N 0037'30" W, 50.00 feet along the east line of a tract of land recorded in the land records of the County Recorder's Office in book 897 at page 770; thence N 8857'54" E, 158.81 feet to the beginning of a curve concave to the northwest having a central angle of 9021'56" and a radius of 421.67 feet; thence along said curve in a northeasterly direction, 665.05 feet; thence N 01 24'01 " W, 924.08 feet to a point on the south line of a tract of land recorded in the land records of the County Recorder's Office in book 810 at page 790; thence N 8922'30" E, 50.00 feet; thence leaving said south line, S 01 24'01 " E, 923.40 feet to the beginning of a curve concave to the northwest having a central angle of 9021'56" and a radius of 471.67 feet; thence along said curve in a southwesterly direction, 743.91 feet; thence S 8857'55" W, 159.17 feet to the point of beginning and containing 2.051 acres. ARTICLE 4. The City of Cape Girardeau, Missouri, hereby accepts a Temporary Construction Easement for construction of a rail spur, executed by Biokyowa, Inc. on property located in the Nash Road Industrial Park in the County of Cape Girardeau, State of Missouri, more particularly described as follows, to -wit: y I A STRIP OF LAND BEING 50 FEET WIDE, MORE PARTICULARLY DESCRIBED, TO -WIT: 2 A PART OF THE SOUTH HALF OF SECTION 27, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a Concrete Monument at the Southeast corner of said Section 27, thence S 8857'55" W, 2834.49 feet along the South line of said Section 27 to the southeast corner of a tract of land recorded in the land records of the County Recorder's Office in book 1060 at page 880; thence N 0037'30" W, 100.00 feet along the east line to a 1/2" Iron Pin (set) at the northeasterly corner of said tract, and being the point of beginning: thence along the north line of said tract the following courses and distances: S 8857'55" W, 660.82 feet to the beginning of a curve concave to the northeast having a central angle of 8949'43" and a radius of 471.67 feet; thence along said curve in a northwesterly direction, 739.49 feet; thence N 0112'23" W, 516.22 feet to the beginning of a curve concave to the southwest having a central angle of 1637'37" and a radius of 528.34 feet; thence along said curve in a northwesterly direction, 153.32 feet; thence S 7210'01 " W, 100.00 feet to the northwesterly corner of said tract, said point being the beginning of a non -tangent curve concave to the southwest having a central angle of 0559'20" and a radius of 428.34 feet from which a radial line bears S 7210'01 " W; thence along said curve in a northwesterly direction, 44.77 feet; thence N 6610'41 " E, 150.00 feet to the beginning of a non -tangent curve concave to the southwest having a central angle of 22" 36' 57" and a radius of 578.34 feet from which a radial line bears S 6610'41 " W; thence along said curve in a southeasterly direction, 228.28 feet; thence S 0112'23" E, 516.22 feet to the beginning of a curve concave to the northeast having a central angle of 8949'43" and a radius of 421.67 feet; thence along said curve in a southeasterly direction, 661.10 feet; thence N 8857'55" E, 661.17 feet to a point on the east line of a tract of land recorded in the land records of the County Recorder's Office in book 897 at page 770; thence S 0037'30" E, 50.00 feet to the point of beginning and containing 2.521 acres. ARTICLE 5. 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 3 A.M. Spradling, III, Mayor RESOLUTIONS 5b] CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 307 Agenda August 21, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Resolution Authorizing the City Manager to Enter Into Amendment No. 7, Agreement for Professional Services, Sverdrup Civil, Inc. for the Sanitary Sewer Improvement Program The City previously entered into an Agreement with Sverdrup Civil, Inc. for professional services for the CSO Sanitary Sewer Improvement projects. This Amendment adds the preparation of construction bid documents for the Trickling Filter Rehabilitation at the Wastewater Treatment Facility. The cost of this amendment shall be $396,123.00. It is recommended that the City Council authorize the City Manager to enter into Amendment No. 7 with Sverdrup Civil Inc. Respectfully submitted, MAL/MGM /kJ n BILL NO. 2000-211 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 7 TO THE PROFESSIONAL SERVICES AGREEMENT WITH SVERDRUP CIVIL, INC. FOR THE SANITARY SEWER IMPROVEMENT PROGRAM 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 Amendment No. 7 to the Professional Services Agreement, dated September 7, 1994, with Sverdrup Civil, Inc., for the Trickling Filter Rehabilitation Design, part of the Sanitary Sewer Improvement Program. A copy of said Amendment No. 7 is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF 20 ATTEST: Gayle L. Conra City Clerk A. M. Spradling, III, Mayor 0 AMENDMENT NO. 7 to AGREEMENT BETWEEN THE CITY OF CAPE GIRARDEAU, MISSOURI and SVERDRUP CIVIL, INC. Dated September 7, 1994 Note: All other terms of the original contract remain unchanged with the exception of the following: Article 3 - Compensation and Payment On page 3 under A. Cost - Replace the second paragraph with: The total cost (exclusive of fixed fee) is estimated to be $4,618,278.00. The fixed fee shall be $396,123.00. The total amount to be paid for design and construction services under this Agreement shall not exceed $5,014,401.00 including cost and fixed fee, without approval of the Owner. Sverdrup shall notify the Owner when costs incurred and obligated amount to 95 % of the total estimated cost and shall not incur costs beyond the estimated cost without prior approval of the Owner. A summary of estimated cost breakdown is presented in APPENDIX C. Article 11 - Contract Documents On page 9 amend Article 11 to read: This Agreement consists of - 1 . f: 1. Agreement for Professional Services dated September 7, 1994 2. APPENDIX A - Scope of Services 3. AMENDMENT 1 TO APPENDIX A 4. APPENDIX Al - Phase 1 Scope of Work 5. APPENDIX A2 - Phase 2 Scope of Work 6. APPENDIX A3 - Phase I Easements and Miscellaneous Scope of Work 7. APPENDIX A4 - Phase I Projects Construction Program, Phase 11 Projects Part 1 Design, Surveying, Smoke Testing and Flow Monitoring 8. APPENDIX A5 - Phase II Projects Easements, Part 2 Design, Cultural Resource Survey 9. APPENDIX A6 - Additional Scope for Previous Amendments, Phase II Projects Construction Services 10. APPENDIX A7 - Additional Scope for Previous Amendments, R.anchito Sewer Improvement Project, Trickling Filter Rehabilitation 11. APPENDIX A8 - Trickling.Filter Rehabilitation Design - 1 - Amendment 6 continued f 1 12. APPENDIX B - Additional Owner Supplied Information and Activities 13. APPENDIX B2 - Additional Owner Supplied Information and Activities 14. APPENDIX B3 - Additional Owner Supplied Information and Activities 15. APPENDIX B4 - Additional Owner Supplied Information and Activities 16. APPENDIX B5 - Additional Owner Supplied Information and Activities 17. AMENDMENT 1 to APPENDIX C 18. AMENDMENT 2 to APPENDIX C 19. AMENDMENT 3 to APPENDIX C 20. AMENDMENT 4 to APPENDIX C 21. AMENDMENT 5 to APPENDIX C 22. AMENDMENT 6 to APPENDIX C 23. AMENDMENT 7 to APPENDIX C 24. AMENDMENT 1 APPENDIX D 25. AMENDMENT 2 APPENDIX D 26. AMENDMENT 3 APPENDIX D 27. AMENDMENT 4 APPENDIX D 28. AMENDMENT 5 APPENDIX D 29. AMENDMENT 6 APPENDIX D 30. AMENDMENT 7 APPENDIX D n Proposed by Sverdrup Civil, Inc.: Date: 8-(-00 Accepted by City of Cape Girardeau: Date: ATTEST: Michael G. Miller City Manager Attachments: Appendix A8 Amendment 7 to Appendix C Amendment 7 Appendix D -2- (Joe Fiala, P.E. Vice President City Clerk Amendment 7 continued APPENDIX A8 CITY OF CAPE GIRARDEAU SANITARY SEWER IMPROVEMENT PROGRAM TRICKLING FILTER REHABILITATION DESIGN SCOPE OF SERVICES August 2000 Add: TRICKLING FILTER REHABILITATION FINAL DESIGN A. Project Description A Trickling Filter Rehabilitation Facility Plan was added to the Scope of Services under Amendment 6. Construction documents to implement the rehabilitation and improvements recommended in the Facility Plan are added in this Amendment. The major items to be included in the construction documents are: • Replace trickling filter media • Replace trickling filter feed pumps • Replace the filter feed pump building motor control center (MCC) • Add a new electrical room to the trickling filter pump station building to house the new MCC and controls • Replace the current controls with a programmable logic controller (PLC) • Replace the filter feed pump building ventilation fan and louvers and provide appropriate environmental controls for the new electrical room • Repair of delamination on the interior concrete girders at the bearing of the pre -cast beams • Remove all horizontal steel beams and replace them with new reinforced fiberglass plastic (RFP) type material • Replace all existing fiberglass wall panels • Replace all steel secondary columns with FRP • Sandblast all exterior steel members and apply a zinc rich primer and a finish coat of epoxy paint. B. Task Description 1. Visit site to collect additional information needed to complete the final design such as tie in points for electric and signals sent to other points in the plant. It is not anticipated that work on this project will extend beyond the immediate area of the trickling filters and the filter feed pump building. 2. Finalize calculations to size the new filter feed pumps, motor control center, structural members, HVAC equipment, and other components of the trickling filter upgrade. A8- 1 J Amendment 7 continued 3. Prepare the functional description and logic for the filter feed pump controls. 4. Prepare construction drawings for the trickling filter rehabilitation. Architectural, site, structural, mechanical, electrical and instrumentation drawings are anticipated. 5. Prepare technical specifications to supplement the construction drawings. 6. Combine the drawings and technical specifications into bid documents. Engineers Joint Contract Documents Committee up -front documents will be used. These are the same up- front documents as have been used to date for the Sanitary Sewer Improvement Program. Three sets of bid documents will be provided to the Owner for review. Five sets of final bid documents will be provided to the Owner upon completion of the design. 7. Submit the bid documents to the Owner for review. A meeting to review the bid documents will be held in Cape Girardeau if requested by the owner. 8. Assist the Owner in submitting the bid documents to the Missouri Department of Natural Resources (DNR) for the DNR construction permit. The estimated cost for this design effort in Appendix C assumes the DNR will require only minor modifications to the bid documents as submitted. n9. Prepare a construction cost estimate for implementing the bid documents. A8- 2 Amendment 7 continues AMENDMENT T TO APPENDIX C CITY OF CAPE GIRARDEAU SANITARY SEWER IMPROVEMENT PROGRAM SUMMARY OF AMENDMENT 7 COST MODIFICATIONS AUGUST 2000 ORIGINAL 12 PROJECTS Phase I Facility Plan Labor 101,102 Directs 110 Fee Total Phase I Design Labor 201,221 Directs 210 Fee Total Phase II Facility Plan Labor 103,123 Directs 113 Fee Total Phase 1 EasementAoquisition Labor 202 Directs 212 Fee Total Phase II Part I Design Labor 203 Directs 213 Fee Total Phase I Resident Engineer Labor 401 Directs 410 Fee Total Phase I Constriction Office Services Labor 301 Directs 310 Fee Total Phase II Part 2 Design Labor 204 Directs 214 Fee Total Phase 11 Easements Labor 205 Directs 215 Fee Total Phase I Record Drawings Labor 302 Directs 312 Fee Total Phase I Follow-up services Labor 501 Directs 510 Fee Total Phase It Constriction Office Services Labor 304 Directs 314 Fee Total Amendment 6 Adjustments Amendment 7 Estimated Amendment 6 Estimated Cost Estimates Cost 91,932 91,932 1,862 1,862 11,032 11,032 104,826 104,826 0 582,510 582,510 500,047 300,047 69,901 69,901 952,457 952,457 0 231,814 231,814 123,721 123,721 27,818 27,818 383,352 383,352 0 23,077 23,077 97,291 97,291 2,769 2,769 123,137 123,137 0 458,532 458,532 340,030 340,030 55,525 55,525 854,087 854,087 0 143,528 143,528 72,331 72,331 17,223 17,223 233,083 233,083 0 175,205 175,205 5,482 5,482 21,025 21,025 201,711 201,711 0 319,250 319,250 49,469 49,469 38,811 38,811 407,530 407,530 0 44,429 44,429 195,522 195,522 5,499 5,499 245,450 245,450 0 20,169 20,169 2,869 2,869 2,420 2,420 25,458 25,458 0 3,581 3,581 53 53 537 537 4,170 4,170 0 336,801 336,801 13,358 13,358 45,713 45,713 395,872 395,872 C-1 LN N Amendment 7 contimmd r) AMENDMENT 7 TO APPENDIX C CITY OF CAPE GIRARDEAU SANITARY SEWER IMPROVEMENT PROGRAM SUMMARY OF AMENDMENT 7 COST MODIFICATIONS AUGUST 2000 C-2 Amendment 6 Adjustments Amendment 7 Estimated Amendment 6 Estimated Cost Estimates Cost Phase II Record Drawings 0 Labor 305 25,648 25,848 Directs 315 16,468 16,468 Fee 3,514 3,514 Total 45,831 45,831 Lift Station O&M Manual 0 Labor 306 13,802 13,802 Directs 316 108 108 Fee 2,070 2,070 Total 15,981 15,981 Main Suspicious Material 0 Labor 307 17,490 17,490 Directs 317 82 82 Fee 2,099 2,099 Total 19,671 19,671 Phase 11 Resident Engineer 0 Labor 402 362,857 362,857 Directs 412 226,831 226,831 Fee 48,866 48,866 Total 638,555 638,555 Phase It Resident Engineer PM 0 Labor 403 53,494 53,494 Fee 7,343 7,343 Total 60,837 60,837 Phase II Follow-up Services 0 Labor 502 10,780 10,780 Directs 512 55 55 Fee 1,617 1,617 Total 12,452 12,452 0 NEW PROJECTS STARTED MARCH 2000 0 Ranchito Area Facility Plan 0 Labor 1,400 42,080 42,080 Directs 1,440 38,890 38,890 Fee 6,310 6,310 Total 87,280 87,280 Trickling Fitter Rehab Facility Plan 0 Labor 1,500 62,510 62,510 Directs 1,550 1,710 1,710 Fee 9,380 9,380 Total 73,600 73,600 Trickling Filter Rehab Design Labor 2,500 111,030 111,030 Directs 2,550 1,380 1,380 Fee 16,650 16,650 Total 129,060 129,060 Estimated Totals thru Amendment 7 4,885,341 129,060 5,014,401 Cost Totals 4,505,868 112,410 4,618,278 Fixed Fee Totals 379,473 16,650 396,123 C-2 Amendment 7 cwAkxwd AMENDMENT 7 TO APPENDIX C CITY OF CAPE GIRARDEAU SANITARY SEWER IMPROVEMENT PROGRAM COST CALCULATION August 2000 Additional Labor Estimated Cost Estimated Manhours Average Rate, $/Hr Base Salary cost Salary -Related Expense Factor Office @ 1.60 Field 1.05 Labor Total Other Reimbursable Estimated Cost Postage/Shipping Reproduction Specifications/Facility Plans Drawings Full Size DrawingsHalf Size Miscellaneous Travel Meals Auto Mileage Miscellaneous Fixed Fee Reimbursable Total TOTALS G3 Ttickling Filter Rehab Design 1294 33.00 42,702 68,323 $111,030 150 360 84 26 50 100 413 200 $1,380 $16,650 $129,060 Wj LN w w N N w O (D 04�111' CO 'T LO M M (D O M N" w �- (D � w N N � (f) � O w O (D N tT V- w "T In CM (D V- w M (D O M N N w r N N`c) (�D co N N "T LO V N N N M N OD Nm w r r �-- (0Nco www"wwN(OwwM N w w (D O O N r co O co w t` C O (6 O U m ca Q) U E 2 c C C .(0 c o w e N L O U ~ 0 U � x CL 6) U) 11.1 c 11.1 O Lu a g O O C w a � W = O Q— o Z CD o F- (— LU w LU N O U N m tiCLILa ZU�FLu ° o a� -� LU U. < 0O CO _ U 2 2 WF—yW =LL o �I Q QU7 0C COa F - 0 O O- CL U O Z Q N +• co w N N w O (D 04�111' CO 'T LO M M (D O M N" w �- (D � w N N � (f) � O w O (D N tT V- w "T In CM (D V- w M (D O M N N w r N N`c) (�D co N N "T LO V N N N M N OD Nm w r r �-- (0Nco www"wwN(OwwM N w w (D O O N r co O co w t` C O •- c m ca 3 ,_- E E 2 c c o w e w (U (6 a) c 3 C E rn aa) O y c (n rn o 3 O U c O O N C O E _ m :_. . O " = ,c (6 mE . v2 E v U Q) 'a 75 0 C N Q. U (6 c U O U O E N 'O A O 0O CO _ U 2 2 frOO =LL CD N QU7 0C COa 0 O O- CL U O M ca N C O= 0 0 U N +• ' v to ►� (6 (6 CL CL cu L U E N m CL CD 0y C U L N 0 7 N 0 CC) ¢(n��u1a()U) a N r N M ui (D r-: co M Amendment 7 continued AMENDMENT 7 APPENDIX D CITY OF CAPE GIRARDEAU SANITARY SEWER IMPROVEMENT PROGRAM SCHEDULE August 2000 A submittal of the Trickling Filter Rehabilitation Design documents to DNR in October 2000 is anticipated if Sverdrup receives contract approval by August 4, 2000. 19 CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 308 Agenda August 21, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Resolution Authorizing a Contract for the 2000-1 4 Inch Pavement Program, in the City of Cape Girardeau, MO, A Part of the Transportation Trust Fund Program On August 15, 2000, bids were received for the 2000-1 4 Inch Pavement Program. This improvement consists of the pavement with (4) inches of hot mix asphaltic concrete including grading, excavating, rebuilding shoulders, compacting, cleaning out ditches and driveway pipes, adjusting manholes and other necessary appurtenances for Timon Way from Big Bend Road to Dumais Drive; Depaul Lane from Country Club Drive to the first driveway; Donna Lane fromTimon Way to a dead end; North Lorimier Street from Mill Street to Pearl Street; Pearl Street from North Lorimier Street to Fountain Street; Hunter's Lane from Boulder Crest Drive to a dead end; Collins Drive from Mt. Auburn to a dead end; Hunze Drive from Collins Drive to Hopper Road; Hill Street (Riverview Drive) from Rand Street to Johnson Street; and Hill Street (Roberts Street) from existing Hill Street to a dead end, for the City of Cape Girardeau. There were three bids submitted for this work. ASA Asphalt, Inc. from Advance, MO submitted the low bid of $196,909.50, which is below the Engineer's Estimate of Cost. A resolution authorizing a contract with the low bidder, ASA Asphalt, Inc. is attached for Council consideration and action. Respectfully submitted, 1 la -i > r �06s f� MAL/MGM/kJ M Y } CID 0 W f - d O U ~7� U z O 0 Q O W O 0 W Q z l` v o Co O O � z z N W ~7� J O 0 O 0 Q O U0 ~ Q o U O 0 O 0 Q W W Lj j U F --i D O O � a O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O O O O O O O O O 0 O 0 O 0 OO 0 0 O O O 0 O 0 O 0 (C?) 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A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ASA ASPHALT, INC., FOR THE 2000-1 4 INCH PAVEMENT PROGRAM BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with ASA Asphalt, Inc., for the 2000-1 Four Inch (411) Pavement Program. 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 0 , 20 A. M. Spradling, III, Mayor CITY OF CAPE GIRARDEAU 2000-1 4" PAVEMENT PROGRAM STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 20 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and ASA Asphalt, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The work to be performed under these Contract Documents consists of the improvement with (4) inches of hot mix asphaltic concrete including grading, excavating, rebuilding shoulders, compacting, cleaning out ditches and driveway pipes, adjusting manholes and other necessary appurtenances for Timon Way from Big Bend Road to Dumais Drive for a distance of 1,768 feet and a width of 18 feet; Depaul Lane from Country Club Drive to the first driveway for a distance of 250 feet and a width of 16 feet; Donna Lane from Timon Way to the dead end for a distance of 220 and a width of 17 feet; North Lorimier Street from Mill Street to Pearl'Street for a distance of 388 feet and a width of 18 to 20 feet; Pearl Street from North Lorimier Street to Fountain Street for a distance of 398 feet and a width of 18 feet; Hunter's Lane from Boulder Crest Drive to a dead end for a distance of1,658 feet and a width of 18 feet; Collins Drive from Mt. Auburn to a dead end for a distance of 525 feet and a width of 18 feet; Hunze Drive from Collins Drive to Hopper Road for a distance of 520 feet and a width of 18 feet; Hill Street (Riverview Drive) from Rand Street to Johnson Street for a distance of 300 feet and a width of 20 feet; and Hill Street (Roberts Street) from existing Hill Street to a dead end for a distance of 238 feet and a width of 16 feet all for the City of Cape Girardeau. Article 2. ENGINEER. The City Engineer or his designee is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. A-1 Article 3. CONTRACT TIMES. 3.1 The work will be substantially completed within Seventy-five (75) calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within Ninety (90) days after the date when the Contract Times commence to run. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not competed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Dollars $ 200 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Hundred Fifty Dollars $150 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2 below: 4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. TOTAL OF ALL UNIT PRICES: One hundred ninety-six thousand nine hundred nine dollars and fifty cents ........................................ ($ 196, 909.50) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. 0 A-2 n' Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. A-3 Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. A-4 W 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages 1 to 7 inclusive). 8.2 Exhibits to this Agreement (pages BF -1 to BF -10 , inclusive). 8.3 Performance, Payment, and other Bonds, identified as exhibits pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55, inclusive). 8.6 Supplementary Conditions (pages SC -1 to SC- 5, inclusive). 8.7 Specifications bearing the title 2000-1 4" Pavement Program 8.8 Drawings. 8.9 Addenda numbers 1 to 1 , inclusive. and consisting of 8.10 CONTRACTOR'S Bid (pages BF -1 to BF -10 , inclusive) marked exhibit A 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to _, inclusive). 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents A-5 amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq.' above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 0 W n IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on , 20 (which is the Effective Date of the Agreement). OWNER City of Cape Girardeau Michael G. Miller, City Manager [CORPORATE SEAL] Attest Address for giving notices 401 Independence Street Cape Girardeau, MO 63703 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. CONTRACTOR in [CORPORATE SEAL] Attest Address for giving notices License No. Agent fdr service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) A-7 CITY OF CAPE GIRARDEAU 2000-1 4" PAVEMENT PROGRAM BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The improvement consists of the pavement with (4) inches of hot mix asphaltic concrete including grading, excavating, rebuilding shoulders, compacting, cleaning out ditches and driveway pipes, adjusting manholes and other necessary appurtenances for Timon Way from Big Bend Road to Dumais Drive for a distance of 1,768 feet and a width of 18 feet; Depaul Lane from Country Club Drive to the first driveway for a distance of 250 feet and a width of 16 feet; Donna Lane from Timon Way to a dead end for a distance of 220 and a width of 17 feet; North Lorimier Street from Mill Street to Pearl Street for a distance of 388 feet and a width of 18 to 20 feet; Pearl Street from North Lorimier Street to Fountain Street for a distance of 398 feet and a width of 18 feet; Hunter's Lane from Boulder Crest Drive to a dead end for a distance of 1,658 feet and a width of 18 feet; Collins Drive from Mt. Auburn to a dead end for a distance of 525 feet and a width of 18 feet; Hunze Drive from Collins Drive to Hopper Road for a distance of 520 feet and a width of 18 feet; Hill Street (Riverview Drive) from Rand Street to Johnson Street for a distance of 300 feet and a width of 20 feet; and Hill Street (Roberts Street) from existing Hill Street to a dead end for a distance of 238 feet and a width of 16 feet, for the City of Cape Girardeau. THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO 63703 1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for thirty-five days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: BF -1 (a) BIDDER has examined and carefully studied the Bidding Documents and the following Addenda, receipt of all which is hereby acknowledged: (Ust Addenda by Addendum Number and Date) L 1 (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. (d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which BIDDER is entitled to rely as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. (f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract :M )ocuments and all additional examinations, investigations, explorations, tests, studies and {ata with the Contract Documents. (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or ?iscrepancies that BIDDER has discovered in the Contract Documents and the written asolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents ire generally sufficient to indicate and convey understanding of all terms and conditions Dr performing and furnishing the Work for which this Bid is submitted. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed ,erson, firm or corporation and is not submitted in conformity with any agreement or rules ,f any group association, organization or corporation; BIDDER has not directly or indirectly educed or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER ias not sought by collusion to obtain for itself any advantage over any other Bidder or over )WNER. BIDDER will complete the Work in accordance with the Contract Documents for the ollowing price(s): BF -3 UNIT PRICE BID NO ITEM UNIT EST. UNIT TOTAL EST. QTY. PRICE PRICE A. TIMON WAY—BIG BEND ROAD TO DUMAIS DRIVE . y 1 Asphaltic Concrete Tons 829 $ 3 C. oo $ 9� J y �" 00 2 Liquid Asphalt Gals. 1,343 $ I. S o $ a, o / q.50 3 Remove Pipe L.F. 77 $ ,Z. So $ 4 Install 15" RCP L.F. 30 $ 22. op $' 5 Install 15" CMP L.F. 60 $ .2.00 $ /, �D•oo 6 pla« Furnish & Itt, yrrow Compact 17—F. Cy ��a -$ $ / S.00 $ J - Po.o0 7 , Furnish & Place Grouted S.Y. 1,089 $ Zo. o o $ -71, 7 8 0, 00 Rip -Rap 8 Adjust S.S. Manholes Each 2$ 2 0 0.00 $ 44,0,0.0,0 9 Adjust Gas/Water Valve Each 0 $ /00.60 $ o Covers BF -3 W 10 Furnish & Install No. 2 Tons 100 $ /0-00 Tons 114 Graded Aggregate 3 6. o o $ / o 0 0 Liquid Asphalt Gals. 184 11 Clean Out Ditches L.F. 750 $ ,7. So $ 12 Seed and Straw Acres 0.81 $ ;? So o • o o 2•sa $ / 9S.00 TOTAL FOR SECTION A .................... 2$ $ 6 3 4 B. DEPAUL LANE—COUNTRY CLUB DRIVE TO DRIVEWAY Acres 1 Asphaltic Concrete Tons 102 $ -?4. o o $ 3, �.?. 19.0 2 Liquid Asphalt Gals. 170 $ /.So $ S.S. 0 0 3 Clean Out Ditches L.F. 250 $ ?, so $ G .z.s, 00 4 Grading S.Y. 423 $ .Z. So $ /� OS?. so 5 Seed and Straw Acres 0.12 $ 2 To o. oo $ 3 0 0 . oo TOTAL FOR SECTION B .................... $ Y. 9 0 q. So C. 1 2 3 4 5 6 DONNA LANE—TIMON WAY TO DEAD END Asphaltic Concrete Tons 114 $ 3 6. o o $ / o 0 0 Liquid Asphalt Gals. 184 $ /• s o $ 0 , 0 a Grouted Rip -Rap S.Y. 114 $ 30 . o o $ 3, 0.? 0-0 0 Clean Out Ditches L.F. 70 $ 2•sa $ / 9S.00 Manhole Each 2$ ?oo. o o $ Seed and Straw Acres 0.1 $aSoo. oo $ So.40 TOTAL FOR SECTION C .................... $ Y,(-29-100 D. LORIMIER STREET—MILL STREET TO PEARL STREET 1 Asphaltic Concrete Tons 183 $ 34. 00 $ 6.57 P- 00 2 Liquid Asphalt Gals. 297 $ 1.5'6 $ yYS. So BF -4 3 Remove Concrete S.Y. 16 $ /0.00 $_ 1(00. co 4 Construct 6" Integral Curb L.F. 80 $ a0.00 $_ I, 10co. Gn & Gutter 291 $ 1 So $_ g3Co.5o 5 Construct Ditch L.F. 100 $ q.cc $ g00.0D 6 Seed and Straw Acres 0.17 $ a,SGb. on $ y25. Do TOTAL FOR SECTION D .................... $ 9 &IP. S-0 E. PEARL STREET—FOUNTAIN STREET TO LORIMIER STREET 1 Asphaltic Concrete Tons 180 $ 3(o.Cb $_ �, �I�p. o 2 Liquid Asphalt Gals. 291 $ 1 So $_ g3Co.5o 3 Construct Ditch L.F. 100 $ U • Do $ y pO.00 4 Excavation C.Y. 133 $ 5.m 5 Extend 15" CMP L.F. 8 .$ 30.00 $ y . 6 Adjust Manhole Each 2 $ .;200, 00 $ .Gb 7 Seed and Straw Acres 0.2 $ asaO.Oo $ 500- Gb TOTAL FOR SECTION E .................... $ 9, /a/. ,5y F. HUNTERS LANE—BOULDER CREST DRIVE TO DEAD END 1 Asphaltic Concrete Tons 717 $ .31.E 2 Liquid Asphalt Gals. 1,162 $ / . So $_ 471/3, 3 Grading L.F. 3,290 $ t, a5 $ 11.;2. 50 4 Clean Out Ditch L.F. 440 $ ,2,:5-0 $ / 100. 'ro 5 Cut New Ditch L.F. 240 $ 6-00 $ 1,200, 6 Furnish & Place FA, iso«� Sr: C -y, ass -64-8 $ 7,5- an $ q, 1.:2.5 -toe:) Compact 7 Furnish & Place Fill S.Y. 463 $ 30, $ l3, P90.W Grouted Rip -Rap 8 Install 24" C.M.P. L.F. 6 $ 32- oD $ 19.2.00 V BF -5 TOTAL FOR SECTION F ..................... $ 56,5,37. So G. COLLINS STREET—MT. AUBURN ROAD TO HUNZE DRIVE 1 Asphaltic Concrete Tons 9 Remove Pipe L.F. 22 Liquid Asphalt Gals. 10 Adjust Manhole Each 4 $ x.60 $ Poo -co 11 Adjust Gas/Water Valve Each 2 $ I GY�.c� $ 0.24 Covers $ TOTAL FOR SECTION G .................... 12 Construct Drainage Inlet Each 1 $ 2aj.� $ -?00.0 13 Furnish & Install No. 2 Tons 100 $ on $ ��oo•oo $ P,.056 o0 Graded Aggregate Liquid Asphalt Gals. 399 $ / 'yo 14 Seed and Straw Acres 0.75 $_ 2SGb.00 $P7S.00 TOTAL FOR SECTION F ..................... $ 56,5,37. So G. COLLINS STREET—MT. AUBURN ROAD TO HUNZE DRIVE 1 Asphaltic Concrete Tons 245 $ co 2 Liquid Asphalt Gals. 396 $ 1,50- $ S45! co 3 Grading L.F. 1,132 $ 300 $ 3,39 .Or, 4 Seed and Straw Acres 0.24 $ TOTAL FOR SECTION G .................... $ 13, y/0. 00 H. HUNZE DRIVE—COLLINS STREET TO HOPPER ROAD 1 Asphaltic Concrete Tons 246 $ 36. $ P,.056 o0 2 Liquid Asphalt Gals. 399 $ / 'yo $ 5-99 So 3 Clean Out Ditch L.F. 489 $ 3.00 $ /, q&7. o0 4 Grading S.Y. 1,139 $ 300 $ 3, Sl/7. cry 5 Furnish & Place Grouted S.Y. 123 $ 2.,?.00 $ oo Rip -Rap 6 Area Inlet (West Side) Each 1 $ /, Opp. oo $ /, o0o,00 7 Seed and Straw Acres 0.22 $ _?,S�.Q-, $ 6s-o,co TOTAL FOR SECTION H .................... $ /9, I. HILL STREET (RIVERVIEW)—JOHNSON STREET TO RAND STREET 1 Asphaltic Concrete Tons 146 $ 3&oo $ 2 Liquid Asphalt Gals. 236 $ /"5-0 $ 3 Seed and Straw Acres 0.14 $ a.5qp.00 $ &S-0. go TOTAL FOR SECTION I ..................... $ -57 Q&Q- 00 J. HILL STREET (ROBERTS STREET)— VACATED ROBERTS ST TO DEAD END 1 Asphaltic Concrete Tons 110 $ 36-00 $ 3, 9 60. (x� 2 Liquid Asphalt Gals. 178 $ I's -0 $ P67. 00 3 Seed and Straw Acres 0.09 $ .?'5z-'0.00 $ aa5-'00 TOTAL FOR SECTION J .................... $ <4 5/SQ2. 00 TOTAL BID FOR ALL SECTIONS .................. $ �9(Q, 409. h (Numerical figure) TOTAL BID FOR ALL SECTIONS One hundred. nlinely Su 4-hous4nd Acne hundred nine dollers end' oo (Written figure) (Total bid amount is to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. In case of error in extension, the unit and lump sum prices under each Pay Item will be considered correct, and these sums when properly extended, shall constitute the Bid.) Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. BIDDER acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. r). BIDDER agrees that the Work will be 9 substantially complete within Seventy-five (75) calendar days after the date when the Contract Times commences to run as provided in ,aragraph 2.3 of the General Conditions, and completed and ready for final payment in ccordance with paragraph 14.13 of the General Conditions within Ninety (90) calendar ays after the date when the Contract Times commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event -f failure to complete the Work within the times specified in the Agreement. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of bid bond or cashiers check (b) Required BIDDER'S Qualification Statement with supporting data. . Communications concerning this Bid shall be addressed to: Name Address f' D. Qo� /5g Act va„ ce, 1410 6 -7 Vo (a) Performance and Payment Bonding Company Name L,1 Ere e a- Ca s a A.l l„ Address Cedar. 94 el*).r . J�'awg S.Zyc7 Agent\Power of Attorney Name (if used) _Pr i*sc 1(I & /4 u nf�e r Address j yap P- cardeau y ilio G 3 To a . Terms used in the Bid which are defined in the General conditions or Instructions will ave the meanings indicated in the General Conditions or Instructions. UBMITTED on Avg. Is- tate S tate Contractor License No. BIDDER is: n Individual 3y Doing business as n (Individual's Name) (SEAL) V Business address: Phone No.: A Partnership By (Firm Name) (General Partner) Business address: Phone No.: A Corporation By (SEAL) (Corporation Name) M�SYou ri to of Incorporation) By (SEAL) Sakdr� hodrs Name of Person Authorized to Sign) (Title) 'Preside#,+ (Corporate Sea[) �% Attest �„�,��� /, ,-//moo! dC41 (Secretary) _1-- n a's (,t_ k j ff 4 Ker Business address: r 6. 96x /Sg a e ca S A SA I)r . A d va rt c e /lel o L 3 73 0 Phone No.: Date of Qualification to do business is J 9 7q A Joint Venture By (SEAL) (Name) (Address) l By (SEAL) BF -9 W w 59 (Name) (Address) 'hone Number and Address for receipt of official communications: ;Each joint venturer must sign. The manner of signing for each individual, partnership and ;orporation that is a party to the joint venture should be in the manner indicated above.) BF -10 CITY OF CAPE GIRARDEAU 2000-1 4" PAVEMENT PROGRAM ADDENDUM #1 July 31, 2000 The following revision has -been made to the above named Contract Documents: Revised quantities are as follows: From: A. Timon Way— Big Bend Road to Dumais Drive 6 Furnish & Install Fill, L.F. 0.11 $ $ Compact & Shape Ditch To: A. Timon Way— Big Bend Road to Dumais Drive 6 Furnish, Place and C.Y. 112 $ $ Compact Borrow From: F. Hunters Lane— Boulder Crest Drive To Dead End 6 Furnish & Place Fill S.Y. 648 $ $. Compact & Shape Ditch 7 Furnish & Place Fill S.Y. 463 $ $ Grouted Rip -Rap To: F. Hunters Lane— Boulder Crest Drive to Dead End 6 Furnish, Place and C.Y. 275 $ / 5. D o $ Compact Borrow WL 7 Furnish & Place Grouted Rip -Rap S.Y. 463 $ 3 0 . oo $ l 3 J 9 0. do This addendum must be signed and attached to your Bid Documents. Date n ASPHALT, INC. Telephone 573-722-3111 Highway 25 South P.O. Box 159 Advance, MO 63730 QUALIFICATIONS Previous Experience 1999 City of Cape Girardeau asphalt streets $158,455.70 1999 City of Dexter asphalt streets $ 92,284.80 1999 City of Advance asphalt streets $ 17,584.00 Equipment Available Pavers, rollers, backhoes, graders, trucks V" nUn UNITED FIRE & CASUALTY COMPANY CEDAR RAPIDS, IOWA BID BOND Approved by The Arnericau Institute of Architcds, AI.A Documeut No. A 310 February 1970 Edition Know ALL MEN BY TriEsE PRESEN rs, that we ASA Asphal P.O. Box 159, Advance, MO 63730 as Principal, hereinafter called the Principal, and the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWA, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Cape Girardeau 401 Independence, Cape Girardeau, MO 6 in the sum of 5% of Bid Amount ** as Obligee, hereinafter called the Obligee, FOM iM (5% of bid ** ), for the payment of which sum well and truly to be made, the said principal and the sa . Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 2000-1 4" Pavement Program Now, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt paymdnt� of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter s1XV ✓cio ty&ci, and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the P the amount specified in said bid and such larger amount for which the Obligee may in good faith con traZt ;wjtl -gher•party,. to perform the work covered by said bid, then this obligation shall be null and void, otherwise to relnavq`1 Full'Qi and effect. Signed and sealed this15th day of August ASA ASPHALT, INC. Seal) cPRtNaPA V Ahdra Rhcd�s,res. UNITED FIRE & CASUALTY CO ANY x ACKNOWLEDGMENT OF SURETY State of Missouri County of Cape Girardeau On this 15th day of August 2000. Personally appeared before me Priscilla B. Hunter who being duly sworn did depose and say that he/she is the attorney-in-fact of the United Fire & Casualty Company of Cedar Rapids, Iowa, that the seal affixed to the attached instrument is the Corporate Seal of said Corporation, and that said instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors and the said Priscilla B . Hunter acknowledged that he/she executed said instrument as such attorney-in-fact and as the free act and deed of said Corporation. NANCY STRAUS62 Notary Public - Notary Sed State of Missouri Cape Mandeou County My Commission bores Jun 20, 2003 UND-2031b Notary Public UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company -See Certification) KNOW ALL MEN BY 1 I IESE PRESEN I-S, 1 Irat the UNI1 EU FIRE & CASUALLY COMPANY, a corporation duly organized and existing under the laws of the Slate of Iowa, and having its principal office in Cedar Rapids, Slate of Iowa, does make, constitute and appoint CHARLES W. DECKER, OR SHARON GLASCO, OR ALAN 11. RAUSENBERGER, OR WILLIAM TALLMAN, CARBONDALE, IL, OR TODD A. WARD, OR MURK A. GOODMAN, GIRARDEAU, MO, OR PRISCILLA U. 11UN'I'ER, UR I IIR1.:;'1'IE llUlltl:;, CAPE' ALL INDIVIDUALLY of P 0 BOX 049 CARBONDALE IL 62903 cited its true and lawful AAltey(s-in -Fact will, inorsiand)other obligatory'iweunaridtsalofr fisiltY ales al'ure Iey llffollows sl11rNYealANarid D ALLexecute BlONDSbehalf all lawful bonds, undert g LY COMPANY therebY'as fully and to the same extent as if such instrwanents loeUeiesigned orb and to bind UNITED FIRE & CASUAL y the duly authorized officers of UNI I ED FIRE & CASUAL I Y COMP.1 all the acts of said Attorney. Pus hereby given are hereby ratified acid confirined. 2001 unless sooner revoked. The Authority hereby granted shall expire MAY 6 t It This power of Altorltey is made' and executed pursuant to and by authority of the following 8Y-Law duly adopted by the Board of Directors of the Company on April 1B, 1973. "Article V - Surety Bonds and Undertakings." appoint Section 2. Appolulurent o1 Allonrey•lo•Focl. "1 he President or Arty vlca Presdenl, or any other olllcer of the c0l"Paay, may, Iron time to lime, Se written certificates atlonlorneylacl to act la betide of lire CVice V ry lir Ihr execullon of policies of Insurance, bonds, undertakings and other when so used, being adopted by the ObflgAlOfy IIK1fUrtIP.111S of like naluro. the signature of nay officer oullrudzed Hereby, and the corporate seal, may be affixed by facsimile to any powerol attorney or spoclal Power of nllornny or crrtlllcalloa al ellher nulhorizrd Hereby; such slgnalure arid seal. Company as It's wlUlaal slyaahua of such olfle"r And the orlulnal seal al Ilia Cumpnny. lu he valld and bindlrry upurr Ura Company wIIH the eanra torte and effect as through nrarWolly alllxed. Such attorneys•lo•lacl, subject to tire Iladtatluos set loflh In tbelr res{recllve car llflcales of eret authority President to ( any such full powet to Vice Pbindtilei, l/ereoayd of Directors oeir fby th anyotl ee arid ercoff officer tile company Instruments at any li to neainvoke nit powech the seal of lr ale nd aull only previously given to or Y say altorneyln•lacl. j IN WITNESS WIIE({EU(=, the UNI I EU FIRE & CASUALTY COMPANY has caused these Presents nurnq�� to be signed by its assistant vice president and its corporate seal to be heretAA.D. 199his 9 G t- It day of MAY COII'Otl1E UNITED FIRE &CASUALTY COMPANY at L � ry aww���c s �'yuuralN`� By Y/YAssista4V'President State of Iowa, County of Llnn, ss: Chapin Oct this 6 t it day of MAY 1999. before Isle personally cattle Jeffrey A. P an to me known, who being by are duly swoIRE d& CASUALTYid deliose d COMPtANY. the hat lie scorporation deides in Cedar scrriibed Inland f which executeIowa; that he d the Assistant Vice President of the UNIIEU FIRE to ted above instrufnent; that lie knows the seal of said coPo ati t t©oar% hattdeofeDirecto sdof staid corporation and tthat uhe signedch his seal; that it was so affixed pursuant to authority given name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corp ratan. _ Notary P lic My commission expires March 4 xi�Q 2000 f A. MCVAYNFSHE MlsslU(Jexrims CE-I1IIFICAIION arch 4, 2000 1, lire undersigned officer of the UNITED FIRE & CASUALTY CIeegoing NIJ'cNUlyd�(Illa Oy Lawsereby yofiasaidhCornpa y aseset lforth he rin said orrect copy of the Power of Attorney and affidavit, and the co{ V OF Of Power of Attorney. wills lite ORIGINALS ON said �Nyl1i�ls, HE )aUd tliME OFUreEs id poAwer CofMAAo 11Qynhasthnotlbeen he rrevokedare cand is transcripts thereof, and of the whole of the now in full force and e f f et�t. •i((((Me� In testimony wheroof I have hereunto subscribed nig na2i000td a f'�ced the corporate seal of the said .'�k: Company this 15th day of August IN C011 a — AZAL -r; ecretary r,4 ate' 11*t�� �NuufN�`` UNITED FIRE & CASUALTY COMPANY UNITED FIFE INSURANCE COMPANY 116 SECOND AVENUE, S.E., P.O. $OX 73909 CEDAR RAPIDS, IOWA 52407 NOTICE TO MISSOURI SURETY BOND HOLDERS Should you have a questions about your bond or policy, please contact your insurance agent first. If you are unable to contact or obtain information from your agent, you may contact our company at address and phone number below: UNITED FIRE & CASUALTY COMPANY ATTENTION: BOND DEPARTMENT P.O. BOX 73909 CEDAR RAPIDS, IOWA 52407 1-800-343-9130 U CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 309 Agenda August 21, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Resolution Authorizing a Contract for the Biokyowa Rail Spur Extension, CDBG #97 -ED -14 On July 27, 2000 bids were received for the construction of new railway spur track to serve Biokyowa, Inc., which is located at 5469 Nash Road. Four (4) bids were received, ranging in cost from $926,647.00 to $618,722.00. Am Rail Construction, Inc. submitted the low bid of $618,722.00. The Engineer's estimate of cost was $601,301.00. Im City financing for the construction of this rail spur is being provided by a Community Development Block Grant at $445,300. The additional funding required will be provided by Biokyowa. The Council's approval of this contract will be contingent upon finalization of a development agreement with Biokyowa in regard to the project. A resolution authorizing a contract with the low bidder, Am Rail Construction, Inc., is attached for Council consideration and action. Respectfully submitted, / '--t (2,f, E--, //q7, Ma,r*A-. ster, P.E. i ael G. 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O U c) Y H U X O Z OQ a m U? z O a U w w Q W 0 0 00 C) LO 00 0 p N O 0 o o(D(0 O C4 0 LO LO N 0 o (D O U7 0 00 o O L 0 O o r LO 0 o O N CD 0 o o to O 0 M o 0 M H3 69 d9 69 EA (!i 69 EA (f3 EA (si C) O O O M Cl) o O LO N 0 (> M M 0 M o0 (n 0 to O 0 O 0 r- LO 0 O O � L r N DO N 69 b9 (A 69 b9 d9 69 69 69 69 O O O O M (D U7 O O O O O O O O O N O O O O � O O t1) O L � N O O N O O O N M C4 O O � O L6 N O O LO (D O C-) Cl) O O r O O U')O CD ~ (A d4 d9 EA EA Efi 69 69 (A EF3 (A O O o O N (n O Cl O ti 06 O o O O O O O O O O O O O o Do Cl) d9 69 Efi 6ri 69 Ef3 d9 (si 69 (r4 69 O oz��t N I(D 'ITco O O 1c) � N V 1c) co r N V' co LQ r N Lq N Id Id Id ��� ��� ��� IJI iwl lal lu- wlJ N J Q °0 Q w W co m60 LL 0 0 D O J U] Q tow O Z O (D 69 F- O F- MEIN LO cl� O m OZ O U W w m W U Z � D U Q Iw- J li g m D U) 5 O g Q CO Y O q tL F- p O 00 Z (n U M N M N J Q °0 Q w W co m60 LL 0 0 D O J U] Q tow O Z O (D 69 F- O F- MEIN MEMORANDUM DIVISION OF PLANNING SERVICES TO: Mayor and City Council Members Michael G. Miller, City Manager FROM: Kent M. Bratton, Director of Planning Services RE: Status of Biokyowa Rail Spur CDBG Project DATE: August 16, 2000 *************************************************************** Some of the Council members are probably not familiar with this project and it has been, and remains, somewhat confusing. In the interest of informing the Council where we are at and explaining items that will be on your August 215` agenda, and, hopefully, follow-up items, I have prepared this memo. First, back in 1997 when Biokyowa announced their major plant expansion, the City was approached about obtaining grant assistance to construct the extension of the City's existing rail spur in the Nash Road Industrial Park to serve the expansion of the animal -food additive plant and the new human -food additive plant. In June of 1997 the City filed an application for an Industrial Infrastructure grant from the Missouri Community Development Block Grant Program. In December, 1997, the City was awarded a grant of $445,300, with $421,800 allocated for construction and $23,500 for engineering (construction) inspection. As might be expected with a project of the scope and size of Biokyowa's, the company made a number of plant design changes during the process, which affected the alignment of the rail spur extension. As a result, the rail spur project was held up until the company finalized the construction design of the plant itself. As a part of the grant, the City committed to $51,000 in local matching funds. Cape Girardeau County agreed to fund 50% of the local match, therefore the City's share was $25,500. Of the local match, the City paid $11,500 and the County $19,500 of the $31,000 required for design engineering. From the point where the $31,000 was expended by the City and County (July, 2000) Biokyowa agreed to pay for the additional design engineering required to finalize the alignment and grade. The City also committed to pay $14,000 for administration of the contract by the Regional Planning Commission. The County also committed $6,000 in in-kind funding to pay for seeding and mulching when the spur is completed. After the final plans and specifications were submitted to the City, this spring, the engineer's estimate for construction was substantially higher than the original estimate, which is now three years old. Biokyowa requested the project be bid to determine the actual cost. In doing so, MEMORANDUM/DIVISION OF PLANNING SERVICES August 16, 2000 Page 2 Biokyowa agreed to pay the costs of bidding, if the project does not proceed. We also discussed with them that if the project proceeded, we would need a development agreement with them, i.e. a contract, to guarantee that they would pay for all costs above the CDBG grant funds available. On July 27, 2000, the bids were opened for the City's segment of the extension (CDBG rules require that the company pay for the final segment within the plant property, which they bid privately and separately). The low bid was from the Am -Rail Company in the amount of $618,722. (Since the company's segment was bid privately, we do not know that amount but guess that it is in the $150,000 to $200,000 range.) In further discussions with Biokyowa, we also stated that we would need all of the easements required and the development agreement executed before we would sign a contract for construction. A draft agreement was provided to company representatives on August 8th. At that meeting, we also stressed that, if the company wanted to proceed, we need to do so rapidly to meet this construction season and also take advantage of the block grant, which could be rescinded if further delays are encountered. On August 14th, Biokyowa and Greater Cape (Development Corporation) delivered the final easements needed for the project. So, in order to do everything we can to expedite the project, we have placed acceptance of the easements on the Councils' agenda for August 21St. I have promised the company that the easements will not be recorded unless the project is actually contracted. Also, we are placing the construction contract on the August 21St agenda with a resolution authorizing the City Manager to execute it, contingent upon the company executing the Development Agreement. Said agreement, when ready, will also be presented to the Council for your approval. We are doing this in our best effort to make the project successful. As a result of CDBG requirements, by authorizing these documents we can gain a few days if the company commits to the project. If they do not, we simply will not process the documents and we will have to see what happens next. Attached are some maps illustrating the location of the rail spur and the Biokyowa plant. KMB/rlf 0 w w xa � H C/2 Z ztD 2 n�ucstl.�c r Mo. 111 o I O � � 0 y boy Y71B�'/Y �, uo 2 A J f!1 j O ao 3 W �o RR ISS Mo. 111 �?.'� ` � ' may .- •" �,ys�" � � o -- — - - -------- _ �_ �� � r A�r _}i--_•� � f -• 1p --------------- ------- -- --- --m-gym �, } i l I I 1111•! 4 �rj ,�h � _ , ���# _ ! •�� � ' � it rn I it a a Z I � � e e � � i 1■ � / 0 W t z , R Q "AW (IL ARf� 1`_ _ __—__ 8 _® ® 8 0 ®® 8 ------------------ 1L 0 - j7z�- BILL NO. 2000-215 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH AM RAIL CONSTRUCTION, INC., FOR THE BIOKYOWA RAIL SPUR EXTENSION PROJECT PHASE 1 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Am Rail Construction, Inc. for the Biokyowa Rail Spur Extension Project Phase 1 - Sta. 0+00.00 to Sta. 41+68.74, CDBG Project No. 97 -ED -14. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF nATTEST: Gayle L. Conrad, City Clerk W , 20 A. M. Spradling, III, Mayor BIOKYOWA RAIL SPUR EXTENSION PROJECT PHASE I - STA 0+00.00 to STA 41+68.74 CDBG PROJECT NO. 97 -ED -14 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT, dated this day of in the year 2000 by and between the City of Cape Girardeau, Missouri, hereinafter called the OWNER and Am Rail Construction, Inc. (Hereinafter called the CONTRACTOR). WITNESSETH, that for and in consideration of the acceptance of the Contractor's bid in the amountof: six hundred eighteen thousand seven hundred twenty-two dollars and zero cents ----------------------------(s618,722,00) and award of this Contract to said Contractor by the Owner and in further consideration of the agreements of the parties herein contained, to be well and truly observed and faithfully kept by them and each of them, it is agreed between the parties as follows to wit: THE OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. THE CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The work is generally described as follows: Construction of new railway spur track including general site grading, excavation, embankment, walkways, shoulders, storm sewer culverts, furnishing and laying rails, ballast, ties, and other associated work as shown on the plans and stated in the specification prepared by Bowen Engineering & Surveying, Inc. dated May, 2000. This work is for the City of Cape Girardeau, Missouri. Article 2. ENGINEER BOWEN ENGINEERING & SURVEYING, INC. Will assist the Owner, and perform construction inspection, occasionally act as the OWNER's representative, assume all duties and responsibilities, and have all rights and authority assigned to the "ENGINEER" as set out in the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The work will be substantially completed within 150 calendar days after the date of Contract commencement. C-1 N N 3.2 LIQUIDATED DAMAGES. BOTH THE OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that the OWNER will suffer financial loss if the' Work is not completed in the time specified in paragraph 3.1, plus any time extensions allowed. THE OWNER and CONTRACTOR also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, the OWNER and CONTRACTOR hereby agree that as liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay the OWNER Four Hundred Dollars $400.00 for each day that the Project is not completed after the time specified in paragraph 3.1. Article 4. CONTRACT PRICE. THE OWNER shall pay the CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.2 below: 4.2 For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Work times the actual quantity of that item. Estimated quantities are not guaranteed, and determinations of actual quantities and Classifications are to be made by the ENGINEER. Article 5. PAYMENT PROCEDURES. THE CONTRACTOR shall submit Applications for Payment in accordance with Articles 24, 25 and 26 of the General Conditions. Applications for Payment will be processed by the ENGINEER. Article 6. CONTRACTORS' REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has examined and carefully studied the Contract Documents (including all Addenda) and the other related data identified in the Bidding Documents, including "technical data". 6.2 CONTRACTOR has visited the site and is familiar, and satisfied regarding the general, local, site conditions that may affect cost, progress, performance and furnishing of the Work. 6.3 CONTRACTOR is familiar with and is satisfied regarding Federal, State, Local Laws and/or other Regulations that may affect cost, progress, performance and furnishing of the Work. 6.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site as provided by the Owner. THE CONTRACTOR acknowledges that plans, specifications, and /or reports may C-2 not be complete for CONTRACTOR's purposes. THE CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. THE CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. THE CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 6.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from site inspections, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 6.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 7.1 This Agreement (pages 1 to 7 inclusive) 7.2 Exhibits to this Agreement 7.3 Performance, Payment, and other Bonds 7.4 Notice to Proceed 7.5 General Conditions 7.6 Supplementary Conditions C-3 W" 7.7 Specifications bearing the title BIOKYOWA RAIL SPUR EXTENSION PROJECT Phase 1- Sta 0+00.00 to Sta 41+68.74 CDBG PROJECT NO. 97 -ED -14 Dated - May, 2000 7.8 Construction Plans BIOKYOWA RAIL SPUR EXTENSION PROJECT Phase 1- Sta 0+00.00 to Sta 41+68.74 CDBG PROJECT NO. 97 -ED -14 Dated - May, 2000 7.9 Addenda numbers 1 to 1, inclusive. 7.10 CONTRACTOR's Bid (Proposal) 7.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to _, inclusive). 7.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents. There are no Contract Documents other than those listed above in the Article 7. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement are defined in the General Conditions, the specifications, and referenced specifications. 8.2 No assignment by a party hereto of any rights or interests under these Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 The OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. C-4 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on, (which is the Effective Date of the Agreement) OWNER: CITY OF CAPE GIRARDEAU, MO. Michael G. Miller, City Manager [CORPORATE SEAL] Attest Address for giving notices 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO. 63701 2000 CONTRACTOR [CORPORATE SEAL] Attest Address for giving notices AUTHORIZATION TO SIGN DOCUMENTS ON BEHALF OF THE CONTRACTOR Gentlemen: If the low bidder, whom this contract is to be awarded, is a Corporation, the following "Corporate Resolution" must be executed by the Secretary of the Corporation and presented to the City of Cape Girardeau, Missouri at the time of executing the Contracts. Also the Contractor must have in his (her) possession at the time of signing, the Corporate Seal that will be affixed to his (her) signature. C-5 CERTIFIED COPY OF CORPORATE _RESOLUTION 1, , do hereby certify that I am the Secretary of , a corporation duly organized and existing under and by virtue of the laws of the State of , and such Secretary, I have access to all original records of said Corporation, and I do hereby certify that at a meeting called, held and convened according to the law and the By -Laws of said Corporation on the day of , 2000, a quorum being present and voting thereon, the following Resolutions were unanimously adopted. RESOLVED, that the Corporation enter into a contract with for the construction or making of certain improvements known as for a total contract price of $ such further and additional terms as the officers of the Corporation deem appropriate. FURTHER RESOLVED, that the following officers of the Corporation: NAME TITLE for or any one of them acting alone, shall be authorized to execute any and all documents necessary to carry out the intention of the foregoing Resolutions including, but not limited to, any contracts or bonds. That the foregoing is a full, true and correct copy of said Resolutions as the same appear on the records of said Corporation; that the same have not been altered, amended or appealed and are now in full force and effect. C-6 CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned, the duly authorized and acting legal representative of do hereby certify as follows: I have examined the attached contract(s) and surety bonds and the manner of execution thereof, and 1 am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. (Signature) (Date) �j Addenda Ne_ l 4- /O4GJ denda R (b) BIDDER has visited the site and is familiar and satisfied himself regarding the site conditions that may affect cost, progress, performance and furnishing of the Work; (c) BIDDER is familiar with and satisfied himself regarding all federal, state, local Laws and Regulations, that may affect cost, progress, performance and furnishing of the Work. (d) BIDDER has carefully studied all construction drawings, specifications, referenced specifications, and examined the site conditions at or contiguous to the site and all drawings of physical conditions in or relating to surface or subsurface structures at or contiguous to the site which have been identified or furnished by the Owner or Engineer. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. (f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. P-2 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): nit Price Bid BIOKYOWA RAIL SPUR EXTENSION PROJECT PHASE I - STA 0+00.00 to STA 41+68.74 CDBG PROJECT NO. 97 -ED -14 CAPE GIRARDEAU, MISSOURI NO ITEM UNIT QUANTITY UNIT PRICE AMOUNT 1 MOBILIZATION L.S. 1 f j 500.60,, 2 EXCAVATION CY 2,800 3, 3d l [f� •�U 3 EMBANKMENT CY 14400Q� 4 UNDERCUTTING CY 8,050 ,3,30 2G� 3LS. DU 5 FILTER FABRIC S.Y. 29,800 1.'116 QQ 6 SUB -BALLAST C.Y. 4,405 /3.0 ,fy fog .6o 7 BALLAST, CLASS 5 C.Y. 2,780 !S.190 71' 7149.'06 8 TRACKWORK L.F. 4,584 65.67) 411 qua 9 DERAIL L.S. 1 15-60,0 J • 10 NO.8 TURNOUT EACH 2 spa�y 11 30" DIA. CLASS V R.C.P. L.F. 127.5 5D, 6-D 375-.ob TOTAL BID AMOUNT = TOTAL BID AMOUNT: (written amount of (Total bid amount is to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. In case of error in extension, the unit and lump sum prices under each Pay item will be considered correct, and these sums when properly extended, shall constitute the Bid.) P-3 BIDDER acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. BIDDER accepts the provisions of the Agreement regarding liquidated damages, in the event of failure to complete the Work within the times specified in the Agreement. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of bid bond or cashiers check. (b) Anti -Collusion Statement (P-5) SUBMITTED on y��% �- co , 2000. WIN (SIGNED) CONTRACTOR: ` fi M L�;/ C oNs �i d C, `1"idAj P6 (PRINTED) ADDRESSMSB f /& �} 7—dIs 7 /SS PHONE: G11.? - L13 9- 2 ZZ o FAX: X) A- �3 9- A Z6 O till flit '.:(9EA � ���!irrrrntts�a P-4 IF BIDDER IS: An Individual doing business as Business address: Phone No.: A Partnership AO - (Firm Name) (General Partner) Business address: Phone No.: SEAL) P-5 A Corporation 2 \rQ By `} A,Asr. �� CO (Corporation Name) �`"�' (State of Incorporation) G A hong Eby r (SEAL)No (Name of Person Authorized to Sign) (Title) 41;} _ or -ate Sbal). /..., ,,1/11111 " i1° /!_....='.1 St•,. Attest ' rXC�_�, (Secretary) P-5 Business address: IPO .BOX -Td Is q 006� -7 g Phone No.: Date of Qualification to do business is A Joint Venture (SEAL) (Name) (Address) EAL) (Name) (Address) Phone Number and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) ANTI -COLLUSION STATEMENT STATE OF (TICS ) COUNTY OF 1 JJ f being first duly sworn, deposes and says that he is 1J Title of Person Signing of Name of Bidder That all statements made and facts set out in the proposal for the above project are true and correct; and that the bidder (The person, firm, association, or corporation making said bid) has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such bid or any contract which may result from its acceptance. Affiant further certifies that bidder is not financially interested in, or financially affiliated with, any other bidder for the above project. Sworril'.16WFer; F0 this (O My Corr? is;;icSii �pires By By day of 20 t�_O Notary Public M N THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond BOND # ARI KNOW ALL MEN BY THESE PRESENTS, that we AM RAIL CONSTRUCTION, INC. 16901 EAST ADMIRAL PLACE TULSA, OK 74116 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NJ 07102 a corporation duly organized under the laws of the State of NEW JERSEY as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF CAPE GIRARDEAU I (Here insert full name ,and address or legal title of Owner) _________Dollars $ 5%), for the payment as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. REAS, the Principal has submitted a bid for .,& SPUR EXTENSION, CAPE GIRARDEAU (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the be specifiedPrincipal shall in the enter to a Contract Contract with the Documents bidding in accordance with the terms of such bid and give such bond or bonds as may P P P ym good and sufficient surety for the faithful performance of such Contract and for the prompt a ent of labor and material furnished in of if the ,u1N "id' the prosecution thereof, or in the event of the failure t exlceed the penalty hereof betty en the amount spe iflaei�iY`t bod bid a&d�such Principal shall pay to the Obligee the differenceShy y30,b"i', 4tb i� this larger amount for which the Obligee may in good faith contract with another party to perform the Work obligation shall be null and void, otherwise to remain in full force and effect. ` !:r : cwt 11 � •• Signed and sealed this 27th day of July.• 2000- :: t "J : r ; -� a�■ R u Ari rnNCTRUCTION a (al) (Principa • • • ' ��' (Wr s (Titl - — - - INT RNATI e ,+ ( i le) Attorney -in- act r ; }' �?' (Witness) ` A DOCUMENT A310 BID BOND AIA ® FEBRUARY 1970 ED THE AMERICAN STITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 t laws and is subject to legal prosecution. ` }Rl, WARNING: Unlicensed photocopying violates U.S. copyrigh�r-, , ep c , �.� Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint C. GENE QUARLES, THOMAS K. BAKER, CINDI L. SMITH, RICHARD D. WHITMIRE Tulsa, OK. its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety,. any and all bonds and undergtaukings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted byeasaidtaINTERNATIONAL FIDELITY INSURANCE the execution of such instrument(s) in pursuance of these presents, shall be as bin in uponth COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at 1-u principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3 -Section 3, of the By -Laws ay, F9'77d4 by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of ebrua 1 The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1)undertakings,o appoint Attcontracts - f indemnity and other writings obligatory behalf te nathe ture a thereof Company, attach the Seal of the Company thereto, bonds and (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such e sea1power of attorney or any gcertificate relating theret facsimile, and any such andecerdfied by attorney facsimilesignatureste nand fa ssuch aimilevlseal hall be res val valid binding upon the valid Company in the future with respectupon the Company tt dk such power so executed Y bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 31st day of August. A.D. 1998. O�Q a INTERNATIONAL FIDELITY INSURANCE CO SEAL r*'t STATE OF NEW JERSEY y 9d4 County of Essex Secre On this 31st day of August 1998, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. O�IAFIN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PU,SLIC�OF,jMW JERSEY My Comm�ssl�nal lr�/ 66;'`21-: 2000 CERTIFICATION .i rtt n4,< the foregoing copy [, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby' ca[rp�7S!Ijta��I�tgp(e1c%% �✓, , Power of Attorney and affidavit, and the copy of the Section of the By Laws of said Company as set fortli in salt doHite'oh' tsta' a and that the thelsa d er IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of tFje ((� V of Attorney has not been revoked and is now in full force and effect �. ] IN TESTIMONY WHEREOF, I have hereunto set my hand this C30day of CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 310 Agenda August 21, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Resolution Authorizing a Contract for the Cape Rock Water Treatment Plant Expansion and Alluvial Well Field Construction, Well Drilling, Phase I On July 6, 2000, bids were received for the Well Drilling, Phase I, project, a part of the Cape Rock Water Treatment Plant and Alluvial Well Field Construction project within the City. This project is a part of the Water Bond Improvement Program. Three (3) bids were received, ranging in cost from $499,806.00 to $376,418.00. The low bid is below the Engineers Estimate of Cost. It is the recommendation of the City's consulting engineering firm, Burns and McDonnell Engineers, that the City accept the low bid of $376,418.00 from Brotcke Well & Pump, Inc., contingent upon approval by the MODNR. It is recommended that the Council approve a resolution authorizing a contract with the low bidder, Brotcke Well & Pump, Inc., contingent upon DNR approval. Respectfully submitted, Mar A. Lester, P.E. Cit Engineer G. Miller City Manager MAL/MGM/dc Aaw3 0 M V 0 *"A it 9 V O _Z W rh W O V z Z W ~ z CO J J W N = a F e 1pE J � 0 U W liJ0-4 U C4 oma O O O O J 00 co O a O 0 00 co 00 O O OD U Cl) O 0 0 f/i d9 Vi d9 Z ui} ~ W ZU Z) Of a 0 0 0 0 CD co UJ Z Q oc f") M V O ~ 0)(O cD N CD w c _ U UJ U w u9 69 fH fA w Z r S O o W ZIX a 0 0 0 0 0 U LO � N N s Z a OJ 00 M co V co n W a O v> 6s ,01 1 v> m w O Y W J c Of o 0 0 0 � d Q 0 o o C a 0 C LO W J Q Z W z z R D H O Q n C OO a Q E C7 a H LL O � Z $ � O a Q ? Z O _ N W (L O O $ U U) ZZ a ` m > > j Q Q w d cr Q � � W W J J W uj t z (L n BILL NO. 2000-21_6 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BROTCKE WELL & PUMP, INC., FOR THE CAPE ROCK WATER TREATMENT PLANT EXPANSION AND ALLUVIAL WELL FIELD CONSTRUCTION, WELL DRILLING PHASE 1 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Brotcke Well & Pump, Inc., for the Cape Rock Water Treatment Plant Expansion and Alluvial Well Field Construction, Well Drilling Phase 1, Construction Contract CR -3. 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 A. M. Spradling, III, Mayor 20 . CITY OF CAPE GIRARDEAU, MISSOURI Cape Rock Water Treatment Plant Expansion and Alluvial Well Field Construction Well Drilling Phase I Construction Contract CR -3 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 20_ by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and Brotcke Well & Pump, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Improvements to the Cape Rock Water Treatment Plant generally described as drilling, construction, develop and test eight alluvial wells; drill, construct, and develop eight piezometers. As alternates, the Contract provides for the drilling, construction, develop and test of one or two additional wells and piezometers. Well pumps and well field piping shall be by other Contracts. These improvements are as defined by the Contract Documents and Specifications and will be constructed at the Cape Rock Water Treatment Plant, located at 20 East Cape Rock Drive for the City of Cape Girardeau, Missouri. Article 2. ENGINEER. The City Engineer or his designee is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. N 1:\94159\1001 \SPEMAGRE A-1 Article 3. CONTRACT TIMES 3.1 The work will be substantially completed within 152 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and competed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 183 calendar days after the date when the Contract Times commence to run. 3.2 "Liquidated Damage": Owner and Contractor recognize that time is of the essence of this Agreement and that Owner may suffer financial loss and/or legal penalties if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by Owner if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Two -Hundred -Fifty Dollars ($ 250.00) for each day that expires after the time specified above in this Article 3. SCHEDULE for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete remaining Work within the time specified in this Article 3. SCHEDULE for completion and readiness for final payment or any proper extension thereof granted by Owner, Contractor shall pay Owner Two -Hundred -Fifty Dollars ($250.00) for each day that expires after the time specified for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 below: 4.1 For all Work other than Unit Price Work, a Lump Sum of: Three -Hundred -Seventy -Six -Thousand, Four -Hundred -Eighteen Dollar ($376,418.00). 4.1.1 The following are included in the above price: NONE. a. Alternative No. and Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as I:\94159\1001\s MAGRE A-2 provided in the General Conditions. Application for payment shall include a Schedule of Values and a Schedule of Stored Materials. 5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.6 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Fina/ Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. 6.1 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. I:\94159\1001\SPEC\AGRE A-3 n 6.2 If the Owner fails to make payment thirty (30) days after receipt of the Contractor's application for payment, in addition to other remedies available to the Contractor, then shall be added to each sum payment interest in accordance with Section 34.057 RSMo. as amended. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary 1:\94159\1001 \SPEC\AGRE A-4 for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages 1 to 7 inclusive). 8.2 Exhibits to this Agreement (pages _ to _, inclusive). 8.3 Performance, Payment, and other Bonds, identified as exhibits _ and consisting of — pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 44 , inclusive). 8.6 Supplementary Conditions (pages SC -1 to SC -7, inclusive). 8.7 Specifications bearing the title Cape Rock Water Treatment Plant and Alluvial We Field Construction Well Drilling Phase l Construction Contract CR -3. 8.8 Drawings. 8.9 Addenda numbers 1 to 2, inclusive. 8.10 CONTRACTOR's Bid (pages BF -1 to BF -6, inclusive) marked exhibit—. I:\94159\1001\SPECWGRE A-5 IN 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award(p 9 a es to _, inclusive). 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 1. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and 1A94159\1001ZPMAGRE A-6 ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on Agreement). OWNER City of Cape Girardeau, Missouri Signed: _,,20_ (which is the Effective Date of the CONTRACTOR Brotcke Well & Pump, Inc. Signed: Name: Michael G. Miller Name: Title: City Administrator Title: Attest: Name: Address for giving notices: 401 Independence Street Cape Girardeau MO 63701 (If OWNER is a public body, attach of authority to sign and resolution or other documents authorizing execution of Agreement. Attest: Name: Address for giving notices: P.O. Box 1168 Fenton, MO 63026 License No. I:\94159\1001 \SPEC\AGRE A_7 Agent for service of process: CORPORATE SEAL evidence If CONTRACTOR is corporation, attach evidence of authority to sign.) V 5i� APPOINTMENTS w CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 311 Agenda August 21, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Appointments to Historic Preservation Commission Dear Mayor and City Council Members: Due to the attendance requirements for city advisory boards, Mr. Michael Stites is no longer a member of the Historic Preservation Commission. Mr. Stites was absent from three consecutive meetings of the Commission. He was serving a term set to expire April 16, 2001. A copy of the current roster for the Commission is attached for your information. According to Section 30-117 of the City Code, "...the members to be residents of the city, all of whom shall be appointed by and approved by the city council. The council shall make every effort to appoint persons with a demonstrated interest in the historical preservation of the city. To the extent available, the preservation commission shall include professional members representing such disciplines as architecture, law, real estate, history and or any other field related to historic preservation. " Mr. Don Boyd, Mr. Jared Ciseo, Ms. Julie Kolb, and Mr. Steven Peel have expressed interest in serving on the Commission, and their board summary sheets are attached. In addition, an application was received from Mary Manning, a student at Southeast Missouri University; however, we have been unable to contact her since school dismissed in May. It is recommended that one appointment be made to the Historic Preservation Commission for a term expiring April 16, 2001. If you have any questions or comments, please contact this office. Respectfully submitted, Gay a L. Conrad Cit Clerk f� ""--�ichael G. Miller City Manager CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees July 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 terns commencing January 8, 1996. Historic Preservation Commission rve three year terms, appointed by Council. To the extent available members shall include professional members resenting such disciplines as architecture, law, real estate, history, or any other field related to historic preservation. ivieetings held third Wednesday at 7:00 p.m. in Council Chambers. Staff contact - City Planner. n Date Appointed Date Reappointed Term Expires Danna Cotner (Vice Chair) March, 1995 April 6, 1998 April 16, 2001 Felix Kinsley (Secretary) November, 1991 3/30/95, 4/6/98 April 16, 2001 John Schneider April 6, 1998 --- April 16, 2001 Michael Stites April 6, 1998 --- April 16, 2001 Marjorie H. Thompson April, 1996 April 5, 1999 April 16, 2002 Leeann Milde April 17, 2000 --- April 16, 2002 David Rutherford April 5, 1999 --- April 16, 2002 Verna Nelson April 17, 2000 --- April 16, 2003 Betty Voss April 17, 2000 --- April 16, 2003 Billy G. Boswell July 20, 1998 4/17/00 April 16, 2003 Barbara Port June, 1996 4/7/97; 4/17/00 April 16, 2003 rve three year terms, appointed by Council. To the extent available members shall include professional members resenting such disciplines as architecture, law, real estate, history, or any other field related to historic preservation. ivieetings held third Wednesday at 7:00 p.m. in Council Chambers. Staff contact - City Planner. n 1 �. — , _ I — e CITY OF CAPE GIRA.RDEAU, MISSOURI BOARD MEMBER SUMMARY von Name Telephone: Day Home Address 3 , M; -Mo 5 o. EveningA •:,E Year Current Residence in Cape Girardeau Be an 60 ' / - 9 r and Position S l 1. Z T b' �� u m b P� Current Employe _ � Previous Employers and Positions M:4(-,hC II P)CAm " In which Board(s) are you interested? f Do �- fat t {�lu r. KNL L �V Sm..411 - -- - #No a :...UAW , e„Pt-;ai nalifirn inns for soecific board(s) (include past board service) Community Activities (Include offices held and committee service) urq be r. Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime ✓/' B. Morning Noon Afternoon Evening Anytime ✓ By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences wjh\be regarded as an indication that future membership on the board is no longer your desire. r Signed Date -30 © f j ** Board Member Summary Sheets are valid for one year from the date that they are signed. 19 Advisory Board Application CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD MEMBER SUMMARY Name 4IJ67L 4W'Ictl Telephone: Day ,� Home Address 16-00 c Year Current Residence in Cape Current Employer and Position_ QZ ,,� -3 Evening JA4W, Previous Employers and Positions In which Board(s) are you interested? p Began % 96 Special Qualifications for specific board(s) (include past board service) Educational Background /.:I • IT . ivities (Include offices heland 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 Anytime Page 1 of 1 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 d/.! Date O — F- a() Board Member Summary Sheets are valid for one year from the date that they are signed. Return to City Manager's Office, 401 Independence, P.O. Box 617, 63702-0617 http://www.showme.net/capecity/depts/council/bdapp.htm 07/22/2000 CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY (04&1ame \ J(A.1i e e- Telephone: Day ,3 3,J-- j) /,--F C-73) Home Address '7-1-'.5 LUQ Evening yajxx Year Current Residence in Cape Girardeau Began lq� rj Current Employer and Position Previous Employers and Positions 6a„ bi�eaYi � s' + �Z� Z7�,:� - ""'too � In which Board(s) are you interested? l , hrury /' , V - Special Qualifications for specific board(s) (include past board service) r`taj,,e dj� a4zz&4 L i'A Vc ofn'al 1l 1groun�d QL Gv ►� a. ze-. ',z (`nmmnnity Arr;v;r;es (Include offices held and committee service) ;�w ¢�:cu �<rn.@^�' ILl d1i - Meeting time(s) convenient for you: `ease check one in A and one in B) Q- A. Weekly Monthly Anytime time - � w % "c B. Morning _;� Noon Afternoon Evening. 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. D i * Board M r Su ary Sheets are valid for one year from the da a at ey are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. Advisory Board Application CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD MEMBER SUMMARY Name Page 1 of 1 Telephone: Day J,<- y 9 Evening Home Address iDa 9 Cu , e lel 0, CFO, (1 • r C< t/ Year Current Residence in Cape Girardeau Began a o 0 o -_ 6(1,11141- Current fin1 ov4/Current Employer and Position & A w , Ser v,ce ' - �%zsi s�R.,� /11.r . r� - /��r�.J•on '�y Si` ` �J t Previous Employers and Positions ae-- c P11n l; nL - So r Q�J;. c J L'tvc�-'r•r., 7Y f•rro i / d�c r l n S.c �c i 41 -ZC.,r, I e In which Board(s) are you interested? W b rrc c Special Qualifications for specific ) 1 rJ..._ .1_ _ ) 4 (include past board service) Educational Background 13, -Sc, X is�-�� ��,,• (rJ."f;��;���• �: _., r�.,,,. L.�"�,�� 3 -Cf .'r - ABA - CLC)4,, -f-./ Community Activities (Include offices held and committee service) v / g C, .. /'�a.cife r g�-♦, ^ Meeting time(s) convenient for you.- (Please check one in A and one in B) A. Weekly Monthly_ Anytime B. Morning Noon Afternoon Evening _>C_ Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an*ion that future bers 'p on the board is no longer your desire. Signed E' Date —��-©0 Board Member Summary Sheets are valid for one year from the date that they are signed. Return to City Manager's Office, 401 Independence, P.O. Box 617, 63702-0617 - i 10 n / b✓.�< �avr.� L i ���c,cr , w" 11LLtJ./ / W W W. Jllu W 1110.1ICU 4. Qdpctilcy/ ucp Lb/ W Ul IL:IU Ullavy.I ILII l // l I/VV Tame Home Address CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Telephone: Day 339-33// Year Current Residence in Cape Girardeau Began 19gs Evening -5 -Am E In which Board(s) are you interested? gist Ylc Pres er vai-i.on Comm i s i o h Special Qualifications for specific board(s) (include past board service) 5'F t aff Stmo Unlve"rSLN.Mn ' oc' ' h leis r' Pr es e- rvc,+� o r t' e o I o u. n`f ex o� n 1`'Luse�.�►-►.�. Tow . ()1t ; eo1bLv-r of �1e Cour-fhouse Res`iamton Youf-k (OVO ~ucationai Background M jat�, i Eas+ kg h Schnol Cos s%w n . La)N l' 11_ _ AA • CIL .l I I i 1 n._._ it I Community Activities (Include offices held and committee service)yo [u,niea-, Nabil &- r Il. _ .1 Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly _ B. Morning Monthly Anytime _X Noon Afternoon Evening –Z— Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unemised absences will be regarded as an indication that future membership on the board is no longer your desire. igned-m �iQ, Date b {A- *� �lJ(� ** -.1 Board gember Summary Sheets are alid 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 CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 312 Agenda August 21, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Appointment to Board of Appeals Dear Mayorand Council Members: Presently there is one alternate member position that is vacant on the Board of Appeals. Members of this board serve for a five year term. Section 121.1.1 of the 1996 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 professional ,with structural engineering or architectural experience; (3) registered design professional with 1echanical or plumbing engineering experience, or mechanical or plumbing contractor with 10 years xperience; (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. In addition, the Code states that two alternate members may be appointed and shall possess the qualifications required for board membership. Mr. Michael Annis and Mr. Mark Strickland have submitted an application to serve on this board, and copies are attached for your review. A copy of the board roster is also attached for your information. It is recommended that one alternate member be appointment to the Board of Appeals for a term expiring June 4, 2004. If you need any further information, please let us know. Respectfully submitted, j4G3a'yleL. radMiller City Manager 4 CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees July 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 ten -ns effective with ten -ns commencing January 8, 1996. Board o f Appeals Serve five year terms, appointed by Council. Of the seven members, no more than two from each of the following professions: 6 Registered design professional that is a registered architect; or a builder or superintendent of building construction with at t 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) 0 Date Appointed Date Reappointed Term Expires Farris Nabors (contractor/electrician) December, 1995 December 4, 1995 September 4, 2000 Anton J. Sebek (architect) June, 1990 July 1, 1996 June 4, 2001 Leonard Henson (engineer) July 7, 1997 --- June 4, 2002 Paul Grebe (plumber) May 15, 2000 --- June 4, 2002 Thomas E. Philllips(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 David C. Pfeiffer (structural engineer) June, 1990 July 11, 1995 June 4, 2005 Serve five year terms, appointed by Council. Of the seven members, no more than two from each of the following professions: 6 Registered design professional that is a registered architect; or a builder or superintendent of building construction with at t 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) 0 t -�L �L CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Namec a i Telephone: Day Home Address 3 ! 3 arC)� oyc;� 0 0 Evening 33!5 — Year Current Residence in Cape Girardeau Began Current Employer and Position_ Previous Employers and Positions 3 ce^- V) q 4� d In which Board(s) are you interested? Special Qualifications for specific board(s) (include past board service) - Gb O Educational Background S o S. G Y1C:) P Community Activities (Include offices held and committee service) Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime i/ B. Morning Noon Afternoon Evening _� Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be rgqded as an inq"q� 2R that future membership on the board is no longer your desire. Signed Date �U v ** Board A4Surnmary Sheets are valid for one year from the date that ey are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY A Name �' 11��Zr— � cJTCZ ��`�`-n Telephone: Day Si3-2-43- 4�ao Home Address 130 C- A, DSL C APS= Evening S 3 - 33g -� Co4to Year Current Rdsidence in Cape Girardeau Began ► f� < Vj `19 3 - 15 I n e 19-70 L_o,J 1-.v .c.k1, CA c Current Employer and Position S i R► c w-�,.�0 �� ��� �� �-'�^� c' P� `� E'`j c'"QE:eV- Previous Employers and Positions In which Board(s) are you interested? 0 Special Qualifications for specific board(s) (include past board service) ` Ze 5 rcfLe-6 piL_f= E.SS1tyfJ.�L Enfi�k Jaen- S i ." CEL 0r 1. Educational Background S. S 1`�1�c�c�.>� cEa�- C���...tr �c7 �MIZ 1 cl)92- Community Activities (Include offices held and committee service) ` �-'jiJvJcv© �l�P t ta'r' �tl�?tL�t-� - ��/'���"'1 TEA�N�R P�R.Saah►i�t , NoµtiJhT�rJC C?>cYS CA,? t✓tiQ- C-:�P i_ ►5r 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 Anytime X 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 ** 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. Date CITY OF CAPE GEL4RDEAU Office of the City Manager Council Letter No. 313 Agenda August 21, 2000 The Honorable Mayor and Membersof the City Council City of Cape Girardeau, Missouri Re: Appointments to Parks and Recreation Advisory Board Dear Mayor and Council Members: Due to the attendance requirements for city advisory boards, Mr. David Goncher is no longer a member of the Parks and Recreation Advisory Board. Mr. Goncher was absent from three consecutive meetings of the board. He was serving a term set to expire October 29, 2001. A copy of the roster is attached for your information. Section 18-27 of the City Code states that a person appointed to the board shall be a taxpayer, qualified voter and resident of the city. The following,individuals have expressed an interest in serving on the board, and their board summary sheets are attached. Debbie Allen Allan Bornstein Craig G. Downing Thomas S. Eftink Pat Elfrink Richard C. Fehr Jeff Glenn Winifred R. Hirsch Lori Lynn Steven Peel Ed Rinda Donald G. Sherwood Betty J. Voss Claire Lafoon Watson It is recommended that one appointment be made to the Parks & Recreation Advisory Board for a term expiring October 29, 2001. If you need any further information, please let me know. Respectfully submitted, City Manager CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees eol July 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 teens commencing January 8, 1996. Parks and Recreation Advisory Board n Date Appointed Date Reappointed Term Expires Jay Crosnoe (Secretary) October, 1981 10/24/94; 10/20/97 October 29, 2000 Larry Essner (Vice Chairman) May, 1988 10/24/94; 10/20/97 October 29, 2000 Rick Wieser February, 1991 10/24/94; 10/20/97 October 29, 2000 Sheila Caskey March, 1996 10/20/97 October 29, 2000 David Goncher September, 1989 10/ 16/95; 10/19/98 October 29, 2001 Jay Knudtson (Chairman) October, 1992 10/ 16/95; 10/19/98 October 29, 2001 Douglas Watson October 19, 1998 --- October 29, 2001 Rocky Hayes March, 1996 10/19/98 October 29, 2001 Mike Kohlfeld March, 1989 10/21/96; 10/18/99 October 29, 2002 Terry Ashby December, 1990 10/21/96; 10/18/99 October 29, 2002 Michael Keefe September 8, 1998 10/18/99 October 29, 2002 Council, ex -officio Serve three year terms, appointed by Council. Regular meetings held second Monday at 5:30 p.m. in Council Chambers. A uncil member may serve as liaison. el Staff contact - Parks & Recreation Director. n CITY OF CAPE GIRARDEAU, MISSOkgff,•--� r^- ? 4 •^�a BOARD MEMBER SUMMARY Name Mxcj Y� Telephone: Day Home Address 1 1Z e,� Evening Year Current Residence in Cape Girardeau Began Current Employer and Position '(\ Previous Employers and Positions z Cs WOA-1 4� - �( o� "s-1 - In which Board(s) are you interested? VKA- S � \ C Q � f— ial Qualificati ,� S\NP ,( � for specific board(s) (include past board service) \1P f P c � \ r\ en Av SC � eN\ACS2 s Educational Background `i S Community Activities (Include offices 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 —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. ign d\\ A7o Date ** 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. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY /A Name Allahio(nllo Telephone: Day Home Address �km ahf Evening �j3- (¢>1- Year Current Residence in Cape jGirardeau Began Current Employer and Position 2ovil (t 0 Sia �niV�llt - RjSoC13�e {o ��Scr o� nioto Previous Employers and Positions �O 04wm m Un�Ycli� o� tc�n� - �ta�ua� 2ac�nin S��f 3n1 - In which Board(s) are you interested? 3 (�► t t Q a 1 t1V 1 Gf L 0 of for specific board(s) (include past board service) t n ,0t l oV 1�1 030 Corm e. ab (�1 1 c,( hn h� �1m 1 ` � 4v�l , OALcl t t bci �n Aa b►o\c alk U if- Educational cEducational Background • 5 , Cj��� nIY . ►c�i '� • D ; " F>ata��u Community Activities (Include offices held and committee service) Mc11 1 S-1 n DU\ f1 kms s- ffl� 4W. A. Weekly Monthly Anytime B. Morning Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will bgardedas scat n that future membership on the board is no longer your desire. Signed,//Z� Date ** Board tuber mmary 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. �1� Advisory Board Application CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD MEMBER SUMMARY Name Page 1 of I Telephone: Day 6.5—/- 2'6-11S Evening 3 3 Home Address 19,1 7`G c r c�/� �� 112 Year Current Residence in Cape Girardeau Began /0AE Current Employer and Position /-/Ss; Syz%r�E�/S% /Z �f��izr 5 �`''� G�/""'ms`s/" Previous Employers and Positions &<< i����c i��� 'o���fa.� / Iq LOc��ti In which Board(s) are you interested? (7r)Z-, COOI SCS 41206kKlgz;414L)- Special Qualifications for specific board(s) (include past board service) A -107U& Educational Background Community Activities (Include offices held and committee service) 7-0 �4<7�y�—ic S <o D.¢ -gid f -/,d v � F�ti Urv� T •—i�E �u, i2 � //� / /tic j�iZviN�� Or hfOviic /�/�f14it.1/O/tJ COiJ!(.iEGU�� 2EC2U/i�+ENj . �q�v-�'�fOoc- of �D�yTECi{N�S STu�/LS A v Orc 136?V0 Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly y, Anytime B. Morning Noon Afternoon Evening /K 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 I - Date Board Member Summary Sheets are valid for one year from the date that they are signed. Return to City Manager's Office, 401 Independence, P.O. Box 617, 63702-0617 L.._.ii..,..,... nAt/ranPritu/r♦Pntc/r.nnnnil/hdann.htm 7/13/00 CRAIG G. DOWNING, PH. D. 1917 Longview St., Cape Girardeau MO 63701 (573) 339-0446 cdowning@semovm.semo.edu http://cstl-pti.semo.edu/downing EDUCATION DOCTOR OF PHILOSOPHY, Workforce Education and Development, August 1999 Southern Illinois University at Carbondale Dissertation Title: An Engineer's Application of Non -Technical Skills in Team Based Environments MASTER OF SCIENCE, Manufacturing Systems, August 1994 Southern Illinois University at Carbondale Research Topic: Using Fuzzy Logic in Quality Function Deployment BACHELOR OF SCIENCE, Mechanical Engineering Technology, December 1992 Southern Illinois University at Carbondale r) INSTRUCTIONAL & RESEARCH EXPERIENCE Assistant Professor, Industrial and Engineering Technology Department, August 1999 -Present Southeast Missouri State University, Cape Girardeau MO ♦ Develop curriculum and provide instruction to Industrial and Engineering Technology students in Computer Aided Drafting, Industrial Management, Total Quality Management, Manufacturing Resource Analysis, and Statistical Process Control ♦ Member of curriculum and graduate program committee ♦ Co -faculty advisor for Society of Manufacturing Engineering (SME) student chapter Mathematics/Technology Instructor, Summer 2000 Project Upward Bound: Southeast Missouri State, Cape Girardeau MO ♦ Developed curriculum and provided instruction to students in Trigonometry, Calculus, and College Algebra ♦ Completed technology software training in the areas of web -page development (Microsoft Front Page), development of basic graphics (Adobe Photoshop), and creation of newsletters (Pagemaker) Mathematics/Physics Instructor, January 1995 - December 1999 John A. Logan College, Carterville IL ♦ Developed curriculum and provided instruction to students in Conceptual Physics and Mathematics Teaching Assistant/Peer Mentor, Spring 1991 - Spring 1995 Southern Illinois University at Carbondale: Center for Basic Skills ♦ Researched topics and facilitated small group discussions ♦ Provided academic guidance to at -risk students acclimating to the university Teaching Assistant, Fall 1993 - Spring 1994 Southern Illinois University at Carbondale: College of Engineering ♦ Developed curriculum and conducted study groups in the area of Quality Control INDUSTRIAL EXPERIENCE Spinnaker Electrical Tape Company, Carbondale, U, Operations Team Coordinator, September 1997 -May 1999 ♦ Served as internal change agent for self-directed team transformation ♦ Supervised production, quality assurance, and maintenance staff ♦ Facilitated on-site safety and technical training sessions Process Technician (Engineer), August 1995 - September 1997 ♦ Researched and designed cost-effective control mechanisms to maximize process capabilities ♦ Functioned as internal research and development coordinator for new product development ♦ Served as ISO 9000 implementation team leader, auditor, and trainer CONSULTING ACTIVITIES Orpack-Stone (ISO 9002 Supplier/Internal Quality System Audit) Tesa Tape Research & Development Facility (ISO 9001 Quality System Audit) MEMBERSHIPS American Society for Engineering Education (ASEE) Society of Manufacturing Engineers (SME) National Association of Industrial Technology (NAIT) REFERENCES Randall Shaw, Ph.D. Julia Schroeder, Ph. D. Dean, School of Polytechnic Studies Dean for Instruction Southeast Missouri State University John A. Logan College One University Plaza MS 4000 700 Logan College Road Cape Girardeau, MO 63701 Carterville, IL 62918 (573) 651-5907 (618) 549-7335 CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY rl" ame T 4 0 M A S S. E F T I N K Telephone: Day J5 7 3� 51- 29 25 Home Address 9 3 2 R.0 DN E Y V 15 T A Q Evening (5 71) 6 51- 3 8 5 1 Year Current Residence in Cape Girardeau Began j9 S 9 Current Employer and Position `. E. UNIVERSITY - 6 ILD -I N--6 5 9 GROUNDS Previous Employers and Positions EFT 1 N K AUTO 5A L S - SALE-5 MAGNA -TEL - PRINTER S.E. HOSPITAL -HOUSEKEEPING In which Board(s) are you interested? PAR K S 9 RECREATION Special Qualifications for specific board(s) (include past board service) FA L I I- i7j 4ANN ING 9 TURF MAI NT 5. E UN I VER 51TY 1945- I99a SELECTED To GROUND5 SAF E Ty comm I TEE - 5.E.Mu 199q Educational Background j_ E O p O L D H IG H 5 C H 00 L 5. t. ON I VC RS 1T1 - IN DU5TR 1A1- TECH NOW G`l Community Activities (Include offices held and committee service) CAPE LE660E-50EVRAI.L Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime V B. Morning Noon Afternoon Evening V 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 1 ** 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. CITY OF CAPE GIRARDEAU, MISSOME(vEp SEP 16 1999 BOARD MEMBER SUMMARY Name Pa - Home Address Year Current Residence in Cape Girardeau Began Telephone: Day 3?�4 " qG Ll < <✓ Evening Haf-cl,\ . 1q&� Current Employer and Position Cafe G+ caeau N�Sic+,ova �Ssoc u s YS ^^S IYSfi_ �'(a�`mS Previous Employers and Positions Cbjc.r C- ~,.' Cad ons S Qe l Of C� In which Board(s) are you interested? PG(kS 4 crea-hon A�yi-sB ea4 a"ld 4,, QW W C cs-e rtavYSor/ �Oc(oI Special Qualifications for specific board(s) (include past board service) T'ye paT1i cct'pnna'-� c � alf A woft R& at �(arie ac�ivi�ifS w� ane ��5 tceC �Pt O'Va Qvr� TQm�\�a� VV" -(U some aF Hnei� wa-F-��SS av� `t�^'e DQoDT �Q iv�yCllVe� Educational Background comp�r- Nro CaA-m�v<� wl a do,(O k w,i hor + t'�YWLC\eH,enf �6 06A 3VLH 3 - IRS . C'v,,.QIR-k . Ac CVy C&Xrse or\, Community Activities (Include offices held and committee service) Kr, \\J1 s o f Co �kw•�aS – �11lGrt{��, 'PeCrt-kN�e� �iirec� 1-6-6, 4 O;�s Ltors -(yr- &byes 1;6ASov\, . Vo(uy+Pr w/ Qockcs " . a Or'f of E C�t'iS ter\ Je(�f�CE'S Connrn�`C�� . Dowta ��6aC� Meeting time(s) convenient for you: (Please check one in A and one in B) se A. Weekly Monthly !� 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. Signed Date 9 !q q- v ** 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. r) RECEIVED Cape Girardeau Parks and Recreation Department Board Member Summary Name: - F1; N2 � (Zi wgp C.C ,Pictz) Address: c2Q I n PRnr F� eei vF (Tiff r i a AfzVC-RV Telephone: 573 -335-9799 - Hbm,e year Residence in Cape Began: Current Employer/Position: sglk Fka?-Yis acy7= f)')FlNAr,fR - 5 Kv��t� �ommyNi��7i�r5 R;sIC m�rN� �iE}-�l Previous Employers)/Position(s): REFM To R77, dED kc-S)IM9 Which Boards are you interested in? PRjex OR Ga -F rovzg- f3o,9Re Special Qualifications: (Include previous board service) EYE)z in (Lr-5umfE Educational Background: CRAQUATED CAFE ('EWR*I- Hi ,N 5 cdoin- , 1972= Community Activities: (Include offices held and committee service) )ZOEY, TD 9F-5VMG_ Please mark which meeting time(s) are convenient for you: ❑ Weekly ® Monthly ❑ Anytime ❑ Morning ® Noon © Afternoon ❑ Anytime By signing this document, you agree to serve and attend regularly. Three consecutive unexcused absences will be regarded as an indication that you no longer want to serve as a board member. Signature: CDate: ti -19- bibrx PhONE 331-Sa0(O RTru,&Rn C. FFHR 2026 Pamela • Cape Girardeau, MO 63701 • (573) 335-8798 On TF(`TTVF To become an invaluable member of a reputable, growing company, where teamwork is of the essence, and opportunities for advancement are based on the level of performance. FXPFR TFNC'F. SAINT FRANCIS MEDICAL CENTER 211 SAINT FRANCIS DRIVE CAPE GIRARDEAU, MISSOURI 63703 (573) 331-3000 Manager of Security - Communications - Risk Management October 1985 to Present Directs personnel involved in establishing, promoting, and maintaining the medical center's security, communications, and risk management programs. Carries out management responsibilities in accordance with the organization's mission, philosophy, policies/procedures, and applicable laws. SOUTHEAST MISSOURI STATE UNIVERSITY ONE UNIVERSITY PLAZA CAPE GIRARDEAU, MISSOURI 63701 (573)651-2000 Police Officer (Part Time) January 1997 to Present Provides police services for the Show Me Center, enforcing laws and regulations, and conducting follow-up investigations of various criminal activities. UNITED STATES MARSHAL'S SERVICE 339 BROADWAY, Room 200 CAPE GIRARDEAU, MISSOURI 63701 (573)651-3579 Security Officer (Part Time) September 1989 to December 1998 Assisted U.S. Marshals in providing court room security during proceedings and aided in transporting prisoners. CAPE GIRARDEAU POLICE DEPARTMENT 40 SOUTH SPRIGG CAPE GIRARDEAU, MISSOURI 63701 (573)335-6621 Patrolman August 1978 to January 1979 April 1979 to August 1984 March 1985 to October 1985 Enforced laws and regulations and conducted follow-up investigations of various criminal activities. Assigned in the patrol, traffic, and criminal investigation divisions, and served as CPR Instructor for the Police Academy. Be MARTIN -MARIETTA ENERGY SYSTEMS, INC. P.O. Box 1410 PADUCAH, KENTUCKY 42001 (502)441-6000 Security Inspector September 1984 to March 1985 Preventive patrol of the property of the plant, and assigned as Security Inspector and Tactical Response Team Member (SWAT). SOUTHEAST MISSOURI HOSPITAL 1701 LACEY CAPE GIRARDEAU, MISSOURI 63701 (573)334-4822 Security Officer (Part Time) August 1981 to June 1984 Provided security for hospital areas, controlled and assisted in the investigation, identification and elimination of difficult situations. PERRY COUNTY AMBULANCE SERVICE 434 NORTH WEST STREET PERRYVILLE, MISSOURI 63775 (573)547-2536 Mobile Emergency Medical Technician (Paramedic) January 1979 to April 1979 Maintenance of existing ambulance service, transportation of sick and injured, and continued training of personnel. SAINT FRANCIS MEDICAL CENTER 211 SAINT FRANCIS DRIVE CAPE GIRARDEAU, MISSOURI 63703 (573) 335-1251 Mobile Emergency Medical Technician (Paramedic) June 1976 to November 1979 Assisted in the maintenance of emergency facilities and supplies, minor patient care, and assisted emergency room physician. MILITARY EXPERIENCE UNITED STATES NAVAL RESERVES Hospital Corpsman June 1976 to April 1981 September 1987 to September 1993 Served as First -Class Petty Officer with Fleet Hospital 500 Combat Zone 22 Detachment A. Recalled to active duty in support of Operation Desert Shield/Desert Storm on January 2, 1991 through March 27, 1991, and was stationed in the country of Bahrain. To date have earned the Southwest Asia Ribbon, Over Seas Ribbon, and second National Defense Ribbon. UNITED STATES NAVY August 1972 to May 1976 Served as general duty hospital corpsman working in many areas of the medical field, including neurosurgery, radiology, sick bay, laboratory and pharmacy. Earned the Good Conduct Ribbon and first National Defense Ribbon. -2- HOSPITAL ORGANIZATIONS INTERNATIONAL ASSOCIATION FOR HEALTHCARE SECURITY AND SAFETY - MEMBER MISSOURI ASSOCIATION OF HOSPITAL SAFETY AND SECURITY DIRECTORS - PRESIDENT AMERICAN SOCIETY FOR HEALTHCARE RISK MANAGEMENT - MEMBER COLLABORATIVE PRACTICE COUNCIL - MEMBER CORPORATE COMPLIANCE COMMITTEE - MEMBER FIRE, SAFETY & DISASTER COMMITTEE - MEMBER — FIRE SUBCOMMITTEE - CHAIRPERSON — SAFETY SUBCOMMITTEE - MEMBER — DISASTER SUBCOMMITTEE - MEMBER SAINT FRANCIS FOUNDATION BOARD OF DIRECTORS - MEMBER FRIENDS OF SAINT FRANCIS —PRESIDENT 1999-2000 — LIFE MEMBER — GOLF TOURNAMENT COMMITTEE - MEMBER SAINT FRANCIS AUXILL4RY - LIFE MEMBER SOCIAL COMMITTEE - MEMBER — CHRISTMAS PARTY SUBCOMMITTEE - CHAIRPERSON — EMPLOYEE GOLF TOURNAMENT SUBCOMMITTEE - CHAIRPERSON — THANKSGIVING BASKET SUBCOMMITTEE - MEMBER ANNUAL DIABETES GOLF TOURNAMENT - MEMBER CIVIC ORGANIZATIONS Knights of Columbus, Council Number IIII - Member Veterans of Foreign Wars, Post Number 3838 - Member Cape Girardeau County Sheriff's Department - Reserve Police Officer Cape Girardeau Police Department - Reserve Police Officer R FFFR FNC RC Available upon request -3- Advisory Board Application Page 1 of 1 CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD MEMBER SUMMARY Name L L- nl J Telephone: Day (s 3) 33s - 33 Z Evening (S 13) iQ51- 3 oe 1 Home Address Z1 D P,ntDwoo 1-A.ac Year Current Residence in Cape Girardeau Began lei ° S Current Employer and Position CASE Gt1ZA9-DEAy, Cw(VMr30, of CoMME2Cc .DIiZECTp?- of y�lErtBEilSHl1' pI t1�hnEIJT Previous Employers and Positions 4 S-t1,,e D4,3+Z:4 SCIUT146AST MM(, -Q1 STATE- L 5P,2'Tc k4kizwrl--t SPLcuy tir. P-P-4%1iu.E PAizicsi KeC- (]IREc�eR Sou.TNEAs-r NK1.110I StHTE -1)I1Z6CrC2 c.F ArM(,t.ric--, MA21cETuJt, I Souruenst' i`�tssovRl s'rAT� - STuoe.�r �C ��reR Sc�VERVISv2 In which Board(s) are you interested? A RKS .}- -PE c P -E A I I e Q , CC..P 60. -'OSE Special Qualifications for specific board(s) (include past board service) EDu C,4 T/ 0^. Ek P&.ej 4F�jCc--� ZbM •-ticn.-Dl r y S Y2yr CE" Educational Backgroundl3rtcHs ��n zF AEU&2AL- s-rub%C— + /AkJOR Ja SPoO-ss M61J FRoµ SO:CT- ,{E A ST MKsOV4 J STATC- , CLLk?,Ff0-rL-1t ?uRsul,�4 A WASTE9- bF 5cltr-'�c c I+� ri�Ml�+�ifZH'Tlo� wrrN ArzN TPS IDS inl ATHLErlcs AAl4I.JXmA'rlc^� Community Activities (Include offices held and committee service) C�Ac H - (APE Yawr/i eAS A, 51&jCi' l /gGIS- CSS l39Bc RU -71J 6 AC14 S11 -5c' / /c / O / &Agl> eF ARECrU,es - C.4R /e,.7rr Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly ✓ Anytime / B. Morning Noon Afternoon Evening 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. �j '�-A Signed <///� Date Board McWer`Summary Sheets are valid for one year from the date that they are signed. Return to City Manager's Office, 401 Independence, P.O. Box 617, 63702-0617 http://www.showme.net/capecity/depts/counciVbdapp.htm 8/6/00 CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name e F f L E -IJ f1J Telephone: Day Home Address 2-1(!> IA . P nt D w aoD 1- A G Evening Year Current Residence in Cape Girardeau Began 3P, r1 0-,AR `1 191's - Current 9qSCurrent Employer and Position �VT H CASI R 5 S kR k STATE .(ft-C-TIA6 As4T . 4c Previous Employers and Positions &1y of NOZA—� V 1 Lj--� PAR>;S �- PQC-CrZC-ATI on( A fZKC r�nlG �i� R��To(�� So v�rN�gS i MISS oµfx S7 -A7 -,f /4TH Le�T7CS /t ' In which Board(s) are you interested? Cb ug, SE , + F-C--eRC AT t o^1 Special Qualifications for specific board(s) (include past board service) 2 D -t- Y G 41V S 66 &G, Educational Background 01= Geo E"L- Slut + E s ! 113 oR - SMA A pt-kt P—.- T on(. Cu2✓zE ��c-.y PubS u G /��}S � a' F s�� c� i� AD�,1t 1�rS ��R T/L^J v� � � D�c����T lA/ AT! -ILC -FIC Sr4r Community Activities (Include offices held and committee service) (Apr yoLA-rH B6,g gD or- �r a~ ro,e s �9 —P,e�s�,.�� , /�K�s i oE� �— Cq �� r �N leu"— its 7-- ��T )eY724 Kofi --CN /M— Meeting M— Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime B. Morning Noon Afternoon Evening 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 ** Bo4 Wleinber 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. n Advisory Board Application CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD MEMBER SUMMARY Name Lbrl Telephone: Day CS- 21135' Evening -3,35-5953 Home Address /004 C4-mino Caurf Cru 61rarzL Year Current Residence in Cape Girardeau Began c)—W Q Current Employer and Position lreckr Of /21tJ'-eAf76�'ta-i _�Do✓ — Page 1 of 1 ich Boards) are you interested?C401� Course- Aol.vLSDn�i QoarA u Educational Background M5 in _ a -b rn\ In I LCYA-ani a, Community Activities (Inclu e offices held and committee servicers-{�, - �r� adore in '7tc vt�usl.�. t3t�n�, jI LP Ais GcLt}7 �'1 - L,h�, Bus iTu ankrcnv �SU-C Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime X B. Morning Noon Afternoon Evening Anytime X 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. Sig Date l% a ° ju Board- ember S im-yYSheets are valid for one year from the date that they are signed. Return to City Manager's Office, 401 Independence, P.O. Box 617, 63702-0617 http://www.showme.net/capecity/depts/council/bdapp.htm 7/14/00 Advisory Board Application CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD MEMBER SUMMARY Name Page I of I Telephone: Day , � - // Evening 33'1 - 0 q.So.l. Home Address /0 Cc., Cu -,(c/2 Oe-CFoG 1,l"Ie`;«V Year Current Residence in Cape Girardeau Began o? O O o — /an 1�° fe Current Employer and Position MFA A S - Previous Employers and Positions f!., Lw f - kc �I w�If— Isj In which Board(s) are you interested? 1n/ ryr Qualifications for specific s) (include past board service) P1rJ •t Educational Background3Sc• S���c �f �;' s���( �i.�.�(�J,'! / A �°. ,. �../ �'1..�'�" mo , i.. J 1 > 3, -C - A nA - cL,-9116 t-1 Community Activities (Include offices held and committee service) _ �. �i n Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime B. Morning Noon Afternoon Evening_ Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an ' dication that future bers ip on the board is no longer your desire. Signed S, Date —/y--0 0 Board Member Summary Sheets are valid for one year from the date that they are signed. Return to City Manager's Office, 401 Independence, P.O. Boa 617, 63702-0617 �. dio / r //1J/VV uu�.//www. auuwu(c. ucv utN(x;uy/ ucNw/ wwiuw uua��.>Iuui CITY OF CAPE GIRARDEAU, MISSOUIaECE1V`o SEP 17 199,9 BOARD MEMBER SUMMARY ame 6 V� + ,-�L Home Address (a ( kf Year Current Residence in Cape Girardeau Began Telephone: Day &,571 - 1/91-64 Evening 6-' — o Current Employer and Positioner Tra `,►- 4,qoA.; ,, Previous Employers and Positions 44. P t e is Fr 14,S-D�,.'coA? c c.�� - +%1��cJ�t'ye 444 Ak ',,,e In which Board(s) are you interested? a s V( I r 14- Special Qualifications for specific board(s) (include past board service) �ie�-Ks�Y ,��di�;c.•-��/k�a��> 4 "4"f -"s dr- , Educational Background ✓"f S — .n tis) (a,144,0 � -4 r Community Activities (Include offices held and committee service) � b - Lf- (f < y- &4"",� C--, Com, Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime B. Morning Noon Afternoon Evening %� Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indicate -that future membership on the board is no longer your desire. Signed Date ** 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. .-•-. { J 133J CITY OF CAPE GIRARDEAU, MISSOURFECEIN' y - BOARD MEMBER SUMMARY Name��jr�ntiri tom• ���u°.��, � Telephone: Day ��'�O -- - - Home Address Year Current Residence in Cape Girardeau Began Current Employer and Positionl Previous Employers and Positions In which Board(s) are you interested? Special Qualifications for specific board(s) (include past board service) Educational Background G' eV\1 Community Activities (Include offices held and committee service) Evening Q le Meeting time(s) convenient for you: (Please check one in A and o in B) A. Weekly Monthly Anytime / B. Morning Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused ** Board Member that future membership on the board is no longer your desire. Date — e -- ire 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. 0 KtUEIVEO bEP 1 5 iQ Donald G. Sherwood 2719 Flora Hills Dr. P.O. Box 391 • 334-2081 Cape Girardeau, MO 63701 PERSONAL DATA EDUCATION: Graduate of the John S. Cobb High School Attended Southeast Missouri State University EMPLOYMENT.• Retired 47 years, 2 months, 16 days with KFVS-TV, presently Film Director and Community Affairs Director. For a number of years I hosted a public affairs program on KFVS-TV and the old KFVS Radio. I have served on KFVS-TV staff as a news reporter. CHURCH AFFILIATION: St. James AME Church. OFFICES HELD IN CHURCH: Past Vice President, Board of Stewards. Vice President, Board of Trustees. Sunday School Superintendent. Church Clerk. ORGANIZATIONS: Past Master Harmony Lodge #40, Prince Hall. AFFILIATIONS: Past Board Member Prince Hall Grand Lodge of Missouri. Past member Breakfast Exchange Club. Past President VIP Industries. Past Secretary VIP Industries. Past member Cape County Health Association. Past member Cape Girardeau Civic Center. Past member of the Minority Advisory Task Force, American Cancer Society, Missouri Division, Inc. Past President Cape Girardeau Public Library Board and Past Secretary of the Board. Past member of the Cape County Extension. Past member Delmo Housing Corporation, Lilborn, Missouri. Member of the AREA WIDE UNITED WAY Board of Directors. Member U.S. Postal Service Customer Advisory Council. Member Cape Community Advisory Council AmeriFirst Bank. Member of Cape Girardeau Chamber of Commerce Education Committee. Member of the Lincoln University Focus Group. Member of Diversity Group Otahki Girl Scout Council Inc. Member of Cape Girardeau Public School Foundation. Name Home Address CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Telephone: Day 3 3 4 -J'- ?;2- y V Evening 3 3 � - 2 7 9% Year Current Residence in Cape Girardeau Began / 9 �� 7 Current Employer and Position �' , ,Y, ,-�- r �eac% er C� ��w arci �c�ea� - C A� ;r �u�Ad - Previous Employers and Positions / 2 i -}hop Tf, u c ll � In which Board(s) are you interested? FQ 45 f Rec r e A pan i sto r i Special Qualifications for specific board(s) (include past board service) Educational Background r e e s i h d uc a Community Activities (Include offices held and committee service) , C7 /n i M (A n 4 v —Prch -ers lTSSt3 -5U[ ary f hZe 14a ,e LJm 1z-),4/Ce CACI Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime 1-- B. B. Morning Noon Afternoon Evening I-- 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 9 -/-2 -1 / ** 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. Advisory Board Application CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD MEMBER SUMMARY Name Claire Lafoon wa+son Telephone: Day 33H- I o O Evening 331A- 5-&2S Home Address (p of I V CrC reS t Dr-' V e Year Current Residence in Cape Girardeau Began 19 g% RECEI Pn 1! Hf 1 Z 200 Current Employer and Position Ornrw1 Inn s T-y0Lcn fe ins Ler\ t tip — L cf u ori o✓1 / Tr'ctini/I D;%ecfo^ Previous Employers and Positions N(i d - M ;SS our► (S V cJA0 j oq v /n fRrrnsh ip C°n Sk�u/n - Pre--bodg-til In%rn - OAi✓, of 111iriol" f- V r"fhweshn Univ, - Ad'Lnct_ racu(ty / researJ, �ssistanr Syu-g-,ern It(itno;s Univ. - Reseurcl, t 1'e-rActin, ' Servl (-e M wr tr✓- — Mr,ieit-enunce_ In which Board(s) are V1 si+-OrS Special Qualifications for specific board(s) (include past board service) j4-- yeri enee Wt ttl 2a*-Creoc evcn � pub(i ,* t -e ep i enc e w� {-!� i r►n I^ e - es 4-- boards2ocL 'wril4ep a. ver I eommuvii catl6n skit( s' 1tal- oeienfeaCic erienCjoe wi-(�x it te-c,rcifine, & ii,00rfi q< reed l,4C c_ om rAu fi P e SOA✓' ce s - Educational Background - BILA -1,.:, Community Activities (Include offices held and committee service) Sin C e W b vin tb e Greco rnoSt of omemuni ac s✓� Fi es ave e,-� er,% I rant- e( t dfwd-rai r'n I evertf Cenni,n r (?orKWun1 Co nse(- n%ee- nd tit -i u., F ro ' ecfs RACW 644 E 1-L- • ►^d mecadol erefi r De -eSsk ve Gni r- neeressive Kssoc., bard member secre{-ac y -6r i CLW&Anfiy 0425te✓'rl17Ge(ice Club Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime B. Morning Noon Afternoon Evening Anytime X 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. SignedNi��L4)034-m-,Date % 2y4qD-- Board Member Summary Sheets are valid for one year from the date that they are signed. Return to City Manager's Office, 401 Independence, P.O. Box 617, 63702-0617 OTHER lil �i CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 314 Agenda August 21, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Motion to Approve Revised Sanitary Sewer Improvement Plans for Rhodes 101 Convenience Stores At its June 5, 2000, session, the City Council approved by motion the improvement plans for the relocation of a sanitary sewer to serve a new Rhodes 101 Convenience Store on North Sprigg Street. A revision to the approved plans has been submitted due to unforeseen utilities that would make construction of the original plan very difficult. This revision will add one manhole and approximately 83 feet of 8" PVC. It is recommended that the Council approve, by motion, the revisions to the improvement plans for the relocation of a sanitary sewer to serve Rhodes 101 Convenience Stores. MAL/MGM/mg 511 Respectfully submitted, City manager n w a J Q Z O x O 0 Q '--- - --------- Lu -_ LL, F- Oa LIIL LJJ � W � r r i 1L W o 1 � � oz W Z U � � w CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 291 Agenda August 21, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: City Council Meeting Time Dear Mayor and Council Members: Councilman Hopkins has requested that the City Council consider changing the time of its regular meeting from 7:30 p.m. to 7:00 p.m.. Section 3.13(a) of the City Charter states that the council "shall meet regularly at least twice each month at such times and places as the council may prescribe by rule." Nothing in either the Charter or in any City ordinance requires the council to meet at 7:30 p.m. The Council Policy Handbook ("Section V. Council Procedures, A. Meetings"), however, does state that "The City Council meets on Monday, at 7:30 p.m.." That handbook may be amended by motion by the Council to change the meeting time to 7:00 p.m. lil CITY OF CAPE GIRARDEAU, MISSOURI M, Office of the City Manager The Honorable Mayor and Members of the City Council City of Cape Girardeau Dear Mayor and Council Members: SUBJECT: PROPOSED Council Letter No. 315 Agenda August 21, 2000 TO LIQUOR LICENSE ORDINANCE At the July 17, 2000, City Council meeting, Council Member Stoffregen requested that an item be placed on the next City Council Agenda for discussion to allow citizens that live within two hundred (200) feet of an establishment to have input on a proposed liquor license. That discussion was held at the August 7, 2000, City Council meeting, and Staff was requested to prepare a proposed amendment for discussion at tonight's meeting. Several alternatives were discussed by City Staff. The preferred alternative has been placed in ordinance form and is attached hereto for your consideration. This proposal would create a new Section 5-16 of the City Code relating to liquor sales near residences. Under this ordinance, if the owners of any private residence located within two hundred (200) feet of an applicant's premises file a written objection to a proposed liquor license, that license may not be granted unless it receives a two-thirds (2/3) vote of all the members of the City Council. This two hundred (200) feet restriction would be measured from building to building and not from lot to lot. Subsection b. of the proposed ordinance defines the term "residence" to include single-family and multi -family residences, but not to include a portion of a building zoned for commercial or industrial use which is presently being used as a residence. In other words, residences which were located upstairs in a business building would not be able to protest the liquor license. Finally, Subsection c. of the proposed ordinance includes a "grandfather clause" excluding current license holders from these new requirements. Other alternatives considered by the City Staff would have allowed all property owners within two hundred (200) feet of the proposed business to file an objection, would have required the super -majority vote even without an objection being filed, or would have required the applicant to obtain written consent from the neighboring property owners before any liquor license could be issued. City Staff, however, felt that the attached ordinance was the most workable of these alternatives and was the closest to what Councilman Stoffregen had initially suggested. Hon. Mayor & City Council August 21, 2000 Agenda Page 2 If the attached ordinance meets with your approval, please let us know and we will prepare a formal ordinance for first reading consideration on the next City Council Agenda. Respectfully submitted, i I .di IG �jiU/�lW.s CunningOW ham Micaell �� filler city'h�Manage�- WEC/MGM/dgn u u (Draft 8/21 /2000 -Agenda] BILL NO. ORDINANCE NO. AN ORDINANCE ENACTING A NEW SECTION 5-16 OF THE CITY CODE, RELATING TO LIQUOR SALES NEAR RESIDENCES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. There is hereby enacted a new Section 5-16 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Sales near residences; restrictions", in words and figures, to read as follows: Sec. 5-16. Sales near residences; restrictions. a. In the case of a written objection signed by the owners of any private residence located within two hundred (200) feet of an applicant's premises, no license shall be granted for the sale of intoxicating liquor as defined in this chapter within two hundred (200) feet of any private residence, unless permission therefor is granted by a two-thirds (2/3) vote of all the members of the City Council. The two hundred (200) feet of restriction set out herein, shall be measured from that portion of the licensee's building which is nearest to the residence and is measured from building to building and not from lot to lot or lot to building. b. For the purposes of this section, the term "residence" shall be deemed to include single- family residences and multi -family residences, but shall not be deemed to include the use of a portion of a building zoned for commercial or industrial use which is presently being used as a residence. C. All establishments which have obtained liquor licenses as defined in this chapter prior to the effective date of this section shall be deemed in compliance with this section upon application for renewal of or upon application for a change in liquor license at the same location for the same owner. W [Draft 8/21 /2000 -Agenda] ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 20 A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad, City Clerk tJ 0 CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Memorandum No. 34 August 21, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri RE: Recommendation for Mount Auburn Road, Independence Street to North Kingshighway Dear Mayor and Council Members: At their meeting on August 9, 2000, the Planning and Zoning Commission discussed a proposal to change Mount Auburn Road from Independence Street to North Kingshighway from two lanes to four lanes by re -striping it in the same manner as the section from Independence Street to William Street (Route K) is now. The Commission is recommending to the Council that the portion of Mount Auburn Road between Independence Street and North Kingshighway be re -striped to four lanes, and that no on - street parking be allowed. They also recommend that the eastern most northbound lane on Mount Auburn Road, south of Independence Street and at the intersection, be remarked to allow traffic to continue north or to make right turns from that lane. The Commission's action in this regard is reflected in their minutes from the August 9`h meeting, but they also asked that a separate memorandum be prepared to focus on this matter. For the Council's reference, the staff has attached an annotated map of the section of concern. Ily submitted, Kenty. Bratton Dir,g6tor of Planning Services Michael G. Miller City Manager KMB/MGM/rlf � n RD. KAGE 'C DR. 3RECKENRIDGE a D W 1I�l0 Z.cQ �Qp. Jn2 PBORDE� Cr< DR. Mt, Auburn Road KINGSHIGHWAY TO SOUTH OF INDEPENDENCE INTERSECTION <Pro ject Limits> OSAGE COMMUNITY CENTRE HOPPER Rp, c z S Mt. Auburn Road-Kingshighway to South of Independence Intersection The restriping of approximately 8,355 linear feet of roadway. o 'a p v C p�c 0 0 ti I is Mt, Auburn Road KINGSHIGHWAY TO SOUTH OF INDEPENDENCE INTERSECTION <Pro ject Limits> Mt. Auburn Road-Kingshighway to South of Independence Intersection C3 The restriping of approximately 8,355 linear 0 feet of roadway. o� U CITY OF CAPE GIRARDEAU Office of the City Manager Council Memorandum No. 35 Agenda August 21, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Resolution Authorizing a Contract for the Biokyowa Rail Spur Extension, CDBG #97 -ED -14, August 21St Agenda Item No. 21 As of this date, the City has not received a formal agreement from Biokyowa, Inc. for their portion of the funding for this project. Therefore, the staff is recommending that action on this item be tabled at the August 21St meeting. We hope to receive the agreement within the next few days and, if so, we will probably request a special Council meeting to proceed with the project. We would hope that we will be in a position to proceed next Monday, August 28th, or by August 31 St at the latest. KBM/MGM/rlf fully submitted, KentX4. Bratton Di ctor of Planning Services G. Miller City Manager Proceedings of the City Council, City of Cape Girardeau, Mo. Clo ed Session August ii, 2000 52 - .. " . " '— CLOSED SESSION - AUGUST 11, 2000 The following items were discussed in closed session on August 11, 2000: Hopper Road Project: City Engineer Mark Lester explained that when the bridge replacement project was completed on Hopper Road, the location of the street shifted slightly to the north, and the design of the new Hopper Road extension did not align correctly. This went unnoticed, and now it is necessary to acquire additional property from Walter Joe Ford to correctly align the new Hopper Road. Martha Brown of Planning Services continued that approximately 7,077 square feet is necessary, and Mr. Ford has agreed to sell this land for $13,775. Following discussion, Mr. Hopkins made a motion, seconded by Mr. White, authorizing city staff to purchase 7,077 square feet of property from Mr. Ford needed for the Hopper Road Extension for $13,775. The motion was approved upon the following roll call vote: Eggimann, aye; Hopkins, aye; Spradling, aye; White, aye. Corps of Engineers Detention Basin Project: Assistant U.S. Attorney Mr. Mike Price, attorney for the Corps of Engineers, appeared before the council to discuss mediations scheduled for the Hahs Property and the Masters Farm property acquisitions on August 22 and August 25, 2000. Mr. Price explained the mediation process to the Council that will occur in these two cases. Hahs Property: Mr. Price stated the City's two appraisals were $91,750 and $119,900 from Dockins and Bruns respectively, and the Hahs' appraisal was $141,000. Mr. Price discussed the appraisals and the amounts that may be necessary to settle the matter. Following discussion, Mr. Eggimann made a motion, seconded by Mr. Hopkins, authorizing Mr. Price to settle this matter for up to $135,000. The motion was approved upon the following roll call vote: Hopkins, aye; Spradling, aye; White, aye; Eggimann, aye. Masters Farms Property: Mr. Price stated that the City's two appraisals were $175,000 and $210,400 from Dockins and Bruns respectively, and the Masters Farms appraisal was $635,000. The basis for the Masters Farms appraisal is that approximately 77 acres of the farm land will be severed from the rest of the farm and will be land locked, and $400,000 of the appraisal is directly related to damages for this. However, there will be a service road through this piece of property, and the Masters Farms will have unlimited access to this road. Following discussion, Mr. Eggimann made a motion, seconded by Mr. White, authorizing Mr. Price to settle this matter for LIP to $423,000 and to grant a perpetual easement to Masters Farm for all property abutting the service road through the farm land. The motion was approved upon the following vote: Spradling, aye; White, aye; Eggimann, aye; Hopkins, aye. There being no further business, the closed session of the Council adjourned upon Mr. White's motion, Mr. Hopkins' second, and the following roll call vote: White, aye; Eggimann, aye; Hopkins, aye; Spradling, aye. A. M. Spradling, III, Mayor Gayle L. Conrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Special Session August 11, 2000 51 SPECIAL SESSION — AUGUST 11, 2000 Council convened in special session on Friday, August 11, 2000, at 12:00 noon with Mayor Albert M. Spradling III presiding and Council Members Richard Eggimann, Matt Hopkins, and Hugh White present. Tom Neumeyer, Jay Purcell and Frank Stoffregen were absent. Mayor Spradling stated that the August 8, 2000, special election results had been received from County Clerk Rodney Miller. Pursuant to Section 7.09(a) of the City Charter, the City Council canvassed die returns and declared the results of the August 8, 2000, special election, upon Mr. White's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Spradling, White. Nays, none. The results of the election were as follows: Transportation Sales Tax Question: Yes 2,011 No 1,739 Mr. White made a motion, seconded by Mr. Eggimann, to convene in closed session for the purpose of discussing property acquisition and litigation. The motion was approved upon the following vote: Eggimann, Hopkins, Spradling, White. Nays, none. There being no further business, the Council adjourned upon Mr. Eggimann's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Spradling, White. Nays, none. A. M. Spradling, III, Mayor Gayle L. Conrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session_ August 7, 2000 37 S31809 REGULAR SESSION — AUGUST 7, 2000 tKAFF Council convened in regular session on Monday, August 7, 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 Hugh White, and the Pledge of Allegiance was recited. Council convened in closed session prior to the regular session for the purpose of discussing property acquisition upon Mr. Neumeyer's motion, Mr. Hopkins second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Spradling, Stoffregen, White. Nays, none. (Mr. Purcell was absent for the motion). The minutes of the July 17, 2000, regular session were approved upon Mr. Eggimann's motion, Mr. White's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. The agenda was adopted as distributed upon Mr. White'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 Larry W. Stone to rezone 327 S. Lorimier Street from R-4, multiple family residential district, to C-2, general commercial district, and for a special use permit for mini -storage units at that location, the hearing was opened. Mr. Larry Stone appeared in support of this request and stated that the storage units would be located back to back and would be 25' off of Lorimier Street. He presented a drawing of an alternate plan for the storage units on the property and stated this was also presented to Planning and Zoning. Mr. Neumeyer stated that the only drawing he received showed two storage units face to face with 141/2' between the units. Upon questioning by the Mayor, City Planner Kent Bratton stated that the Planning and Zoning Commission opposed the request due to the traffic and the impact on the neighborhood. The zoning of the property to the south is C-2, and to the north and east is R-4. The junk yard across the street is M- 1. Mr. Bruce Melvin appeared in support of the request of Mr. Stone. He stated he lives adjacent to the property, and he felt Mr. Stone would put up nice storage units that would enhance the neighborhood. He did appear before the Planning and Zoning Commission and expressed his support at that time. There being no further appearances, the hearing was closed. BIL NO. 2000-186 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 327 SOUTH LORIMIER STREET, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R4 TO C-2 Mr. Stoffregen made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 2000-186. Mr. Eggimann made a motion, seconded by Mr. Purcell, to table action on this bill until the August 21 meeting to allow the Council time to view this area. The motion to table was approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen. Nays, White. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session Mr. Eggimann made a motion, seconded by Mr. Stoffregen, to table action on BILL NO. 2000- 187 until the August 21 meeting also. The motion was approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen. Nays, White. BILL NO. 2000- 187 reads as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO LARRY W. STONE, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING MINI -STORAGE UNITS AT 327 SOUTH LORIMIER STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI This being the date set for a public hearing regarding the request of G. Keith Deimund Trust to rezone Lots 1, 2 and 3 of Mount Auburn Subdivision No. 7 from R-2, single family residential district, to R-3, two-family residential district, the hearing was opened. There being no j appearances, the hearing was closed. This being the date set for a public hearing regarding the request of Jerry and Judy Davis to rezone Lots 4, 5 and 6, of Block 2, Oak Park Subdivision from R-2, single family residential district, to C- 1, local commercial district, the hearing was opened. Mr. Jerry Davis appeared in support of the request and explained that this property is for the expansion of the parking lot for McDonald's on Broadway. There being no further appearances, the hearing was closed. BILL NO. 2000-191 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 1925 BROADWAY, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-2 TO C- 1 The first reading of BILL NO. 2000-191 was approved upon Mr. Eggimann's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mr. Hopkins abstained for financial reasons. This being the date set for a public hearing regarding the request of Douglas J. and Elizabeth A. Hileman for a special use permit for a home-based business at 1744 Luce Street in an R-3, two- family residential district, the hearing was opened. Ms. Elizabeth Hileman appeared in support of the request and to answer any questions. There being no further appearances, the hearing was closed. BILL NO. 2000-192 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO DOUGLAS J. HILEMAN AND ELIZABETH A. HILEMAN, FOR PURPOSES OF MAINTAINING AND OPERATING A HOME-BASED BUSINESS AT 1744 LUCE STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 2000-192 was approved upon Mr. Neumeyer's motion, Mr. Hopkins' 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 August 7, 2000 fNn A rm* i nis tieing the date set for a regarding 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, the hearing was opened. Mr. Tedd Yates appeared on behalf of Mr. Stanfield and Mr. Holzum and requested this matter be tabled to a future meeting to allow time to prepare a presentation. Mr. Bill Green appeared in support of the request. He stated new stores such as this are usually built based on traffic counts and number of households in the surrounding area. Since there is already a store near this location, he supported a new convenience store on the corner. Mr. Eggimann made a motion, seconded by Mr. Purcell, to continue the public hearing on this request to the September 25 meeting, and to also table the first reading of BILL Nos. 2000-193 and 2000-194 to the September 25 meeting. The motion was approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-193 reads as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 2021 PERRYVILLE ROAD, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R- I TO C-1 BILL NO. 2000-194 reads as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO KEVIN STANFIELD AND JEFF HOLZUM, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING GASOLINE PUMPS AT 2021 PERRYVILLE ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI This being the date set for a public hearing to consider vacating the city's interest in a utility, sewer and drainage easement located between lots 25 and 26 in Twin Lakes Subdivision, the hearing was opened. There being no appearances, the hearing was closed. This being the date set for a public hearing regarding the property tax rates proposed to be set by the City of Cape Girardeau for the fiscal year beginning July 1, 2000, and the real property tax rate proposed to be set for the Special Business District No. 2 for the fiscal year beginning July 1, 2000, the hearing was opened. There being no appearances, the hearing was closed. Mr. Dillard Dale, business owner at 606 S. Kingshighway, appeared in opposition to the request of Jerry Lipps to rezone 2355 Locust Street. He presented to the Council a petition signed by businesses surrounding this area opposed to the rezoning. Mr. Perry Rice of United Electric appeared and questioned why the Lipps rezoning request is coming before the Council. It was his understanding that Mr. Lipps was required to wait to years from the previous rejection to reapply unless there were changes in the request. Mr. Rice stated that Mr. Lipps is not working with the business owners in the area. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 7, 2000 ®Ut Mayor Spradling explained that Mr. Lipps can reapply within two years, but the application does not have to be submitted to the Planning and Zoning Commission. The City Council has the right to immediately reject the application or refer it to the Planning and Zoning Commission. City Attorney Eric Cunningham stated that Al Lowes, attorney for Mr. Lipps, verbally indicated that there is additional information to submit regarding this request, but city staff is not aware of what this information is. Mr. Terry Young of Cape Janitor Supply appeared in opposition to Mr. Lipps' rezoning request. Mr. Lipps' operation on Highway 177 is very dusty and has a high volume of traffic, and Mr. Young stated he does not want this around his business. The Council needs to consider the businesses that are already located in this area. Mr. Carry Johnson, a business owner at 610 Commercial, stated that other issues besides traffic and dust were addressed at the Planning and Zoning Commission on Mr. Lipps' rezoning request. This issue was defeated by the City Council by only one vote, and he is concerned that if the application goes through again, that it will be approved by the Council. Mr. Eggimann responded that if no new appreciable evidence is presented by Mr. Lipps, he will likely vote against the application although he did vote in support of it previously. Mr. Purcell indicated he would probably also oppose the request if no new information is presented. Mr. Stoffregen stated that if no new information is presented at this time, then the application should be rejected by the Council. Mr. Terry Glodo, business owner at 592 Commercial, questioned how often this matter could be brought back to the Council for consideration. Mr. Purcell made a motion, seconded by Mr. Eggimann, to refer to the Planning and Zoning Commission the application of Jerry Lipps to rezone 2355 Locust Street from M -I to M-2. Mr. Purcell explained that he felt it would be negligent of the Council to deny this application if there is additional information available. Mayor Spradling stated he originally voted in favor of the application. However, if the applicant had additional information to present, it should have been included in the new application. Following additional comments by the Council, the motion failed upon the following roll call vote: Neumeyer, nay; Purcell, aye; Spradling, nay; Stoffregen, nay; White, nay; Eggimann, aye; Hopkins, nay. Mr. Neumeyer made a motion, seconded by Mr. Hopkins to reject the application of Jerry Lipps to rezone 2355 Locust Street from M-1 to M-2. The motion was approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mr. Felix Kinsley appeared regarding the cable television franchise with Charter Communications. He stated that he does receive the new, additional channels, and he urged the Council to renew their contract. Mr. Stoffregen requested that city staff look into changing the yield signs to stop signs on Pioneer Drive. Drivers are not slowing down at the yield signs, and there have been many close calls. The following bills were given second and third readings. BILL NO. 2000-169 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, REPEALING NO PARKING ON A PORTION OF GOOD HOPE STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, Regular Session - City of Cape Girardeau, Mo. 7.2000 BILL NO. 2000-172 AN ORDINANCE ACCEPTING PERMANENT EASEMENT FROM RHODES PROPERTIES, L.C. TO OPERATE, MAINTAIN, REDESIGN, MODIFY AND RECONSTRUCT A PAVED PARKING AREA PROVIDED FOR PUBLIC USE IN CONJUNCTION WITH THE CITY'S PARK SYSTEM BILL NO. 2000-174 AN ORDINANCE AMENDING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14 -ZZ, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14, AS ESTABLISHED BY ORDINANCE NO. 396, TO SERVE CHALET TRACE SECOND SUBDIVISION AND OTHER PROPERTIES ALONG HOPPER ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 2000-176 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM CAPE PLACE, L.L.C. FOR AN EXPANSION OF A DETENTION BASIN BILL NO. 2000-177 AN ORDINANCE ACCEPTING DEEDS FROM L. WAYNE NISWONGER AND MARGARET M. NISWONGER AND GEORGE W. EAKER AND LORA L. FAKER FOR THE SLOAN CREEK SEWER AND MAIN COMBINED SEWER PROJECT BILL NO. 2000-178 AN ORDINANCE ACCEPTING A DEED, CORRECTED PERMANENT DRAINAGE EASEMENTS AND A CORRECTED TEMPORARY CONSTRUCTION EASEMENT FROM VARIOUS PROPERTY OWNERS FOR THE HOPPER ROAD PHASE I PROJECT BILL NO. 2000-179 AN ORDINANCE ACCEPTING DEEDS FROM VARIOUS PROPERTY OWNERS FOR THE 1995 FLOOD BUYOUT PROGRAM BILL NO. 2000-180 AN ORDINANCE ACCEPTING DEEDS FROM EMIL W. DEWROCK AND THE CAPE GIRARDEAU COUNTY COLLECTOR FOR THE FIRE DEPARTMENT TRAINING FACILITY BILL NO. 2000-181 AN ORDINANCE APPROPRIATING FUNDS FOR CONTINGENCY, PUBLIC WORKS, PARK CAPITAL IMPROVEMENT, INTERNAL SERVICES, PUBLIC SAFETY, PARKS AND RECREATION, INTERDEPARTMENTAL, GENERAL FUND TRANSFERS, ADMINISTRATIVE SERVICES, PARK AND RECREATION TRANSFER SERVICES, AND DEVELOPMENTAL SERVICES, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NOs. 2000-169, 2000-172, 2000-174, 2000-176, 2000- 177, 2000-178, 2000-179, 2000-180 and 2000-181 were approved and the ordinances adopted upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mayor Spradling abstained for financial reasons on BILL NO. 2000-178. BILL NO. 2000-169 is ORDINANCE NO. 2768; BILL NO. 2000-172 is ORDINANCE NO. 2769; BILL NO. 2000-174 is ORDINANCE NO. 2770; BILL NO. 2000-176 is ORDINANCE NO. 2771; BILL NO. 2000-177 is ORDINANCE NO. 2772; BILL NO. 2000-178 is ORDINANCE NO. 2773; BILL NO. 2000- Proceedings of the City Council, City of Cape Girardeau, Mo. -Regular Session August 7 2000 179 is ORDINANCE NO. 2774; BILL NO. 2000-180 is ORDINANCE NO. 2775; BILL NO. 2000-181 is ORDINANCE NO. 2776. BILL NO. 2000-183 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF KAMMANN RANDOL SUBDIVISION The first reading of BILL NO. 2000-183 was approved upon Mr. Hopkins' motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White (abstain). Nays, none. BILL NO. 2000-185 was given first reading as follows: AN ORDINANCE READOPTING SECTIONS 2-76 TO 2-83 OF THE CITY CODE RELATING TO CONFLICTS OF INTEREST The first reading of BILL NO. 2000-185 was approved 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. 2000-188 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 LOTS 1, 2 AND 3 OF MOUNT AUBURN SUBDIVISION NO. 7, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-2 TO R-3 The first reading of BILL NO. 2000-188 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. BILL NO. 2000-195 was given first reading as follows: AN ORDINANCE VACATING THE CITY'S INTEREST IN A PORTION OF A UTILITY, SEWER AND DRAINAGE EASEMENT IN TWIN LAKES SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 2000-195 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. 2000-196 was given first reading as follows: 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 TIMON WAY FROM BIG BEND ROAD TO DUMAIS DRIVE; DEPAUL LANE FROM COUNTRY CLUB DRIVE TO DRIVEWAY; DONNA LANE FROM TIMON WAY TO THE DEAD END; NORTH LORIMIER STREET FROM MILL STREET TO PEARL STREET; PEARL STREET FROM Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 7, 2000 43 NORTH LORIMIER STREET TO FOUNTAIN STREET; HUNTERS LANE FROM BOULDWR CREST DRIVE TO THE DEAD END; COLLINS STREET FROM MT. AUBURN ROAD TO HUNZE DRIVE; HUNZE DRIVE FROM HOPPER ROAD TO COLLINS STREET; AND HILL STREET (RIVERVIEW DRIVE) FROM RAND STREET TO JOHNSON STREET, KNOWN AS THE 2000-1 4 INCH ASPHALTIC PAVEMENT PROGRAM OF THE TRANSPORTATION TRUST FUND, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 2000-196 was approved upon Mr. Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-199 was given first reading as follows: AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS, PERMANENT DRAINAGE EASEMENTS AND A TEMPORARY CONSTRUCTION EASEMENT FROM D & D CAPE INVESTMENTS, L.P., ARMSTRONGHERITAGE, INC. AND WILVER W. WESSEL AND DOLORES H. WESSEL FOR THE MT. AUBURN SOUTH PROJECT The first reading of BILL NO. 2000-199 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. BILL NO. 2000-200 was given first reading as follows: AN ORDINANCE NAMING JOHN GODWIN DRIVE AND RUSH LIMBAUGH DRIVE, AT THE CAPE GIRARDEAU REGIONAL AIRPORT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 2000-179 failed for lack of a motion. BILL NO. 2000-202 was given first reading as follows: AN ORDINANCE PROVIDING FOR THE LEVYING OF THE ANNUAL CITY REVENUE TAX; LIBRARY FUND TAX; PUBLIC HEALTH TAX; DEBT SERVICE FUND TAX; SPECIAL BUSINESS DISTRICT NO. 2 TAX; FOR THE FISCAL YEAR ENDING ON THE 30TH DAY OF JUNE, 2001 The first reading of BILL NO. 2000-202 Hopkins' second, and the following vote Spradling, Stoffregen, White. Nays, none. was approved upon Mr. Eggimann's motion, Mr. Ayes, Eggimann, Hopkins, Neumeyer, Purcell, BILL NO. 2000-208 was given first reading as follows: AN ORDINANCE ACCEPTING A PERMANENT SANITARY SEWER AND UTILITIES EASEMENT FROM CAPE RETIREMENT COMMUNITY, FOR A SANITARY SEWER EXTENSION AND WATER MAIN EXTENSION TO SERVE THE CHATEAU GIRARDEAU RETIREMENT COMPLEX The first reading of BILL NO. 2000-208 was approved upon Mr. Neumeyer's motion, Mr. Purcell'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 August 7, 2000 531809 The sanitary sewer and water main extensions to serve the expansion of Chateau Girardeau retirement complex along the northeast portion of the intersection of Mt. Auburn Road and Independence Street in Sewer District No. 14-J were accepted into the city's system upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-189 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE USE OF SOFTWARE AND RELEASE AND INDEMNIFICATION AGREEMENT WITH INFORMATION TECHNOLOGIES, INC., FOR LAW ENFORCEMENT SOFTWARE The reading of BILL NO. 2000-189 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. 2000-189 is RESOLUTION NO. 1586. BILL NO. 2000-190 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH KEEPSAFE INDUSTRIES, FOR A SAFE ROOM EDUCATION AND OUTREACH PROGRAM The reading of BILL NO. 2000-190 was approved and the resolution adopted upon Mr. Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-190 is RESOLUTION NO. 1587. BILL NO. 2000-197 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH DON GREGORY AND SHIRLEY GREGORY, FOR CERTAIN IMPROVEMENTS ON HOPPER ROAD RIGHT-OF-WAY The reading of BILL NO. 2000-197 was approved and the resolution adopted upon Mr. Stoffregen's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-197 is RESOLUTION NO. 1588. BILL NO. 2000-198 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO THE HOPPER ROAD DESIGN CONTRACT, WITH BOWEN ENGINEERING AND SURVEYING The reading of BILL NO. 2000-198 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-198 is RESOLUTION NO. 1589. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session_August 7, 2000 e,.' rn, ,% mm =45 11 HILL NO. 2000-201 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CAPE GIRARDEAU REDEVELOPMENT CORPORATION, FOR ADDITIONAL DOWNTOWN IMPROVEMENT PROJECTS The reading of BILL NO. 2000-201 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. 2000-201 is RESOLUTION NO. 1590. BILL NO. 2000-203 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SALVATION ARMY OF CAPE GIRARDEAU FOR EMERGENCY SHELTER GRANT FUNDS FROM THE MISSOURI DEPARTMENT OF SOCIAL SERVICES - DIVISION OF FAMILY SERVICES The reading of BILL NO. 2000-203 was approved and the resolution adopted upon Mr. Hopkins' motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Spradling, Stoffregen, White. Nays, none. Mr. Purcell abstained for financial reasons. BILL NO. 2000-203 is RESOLUTION NO. 1591. BILL NO. 2000-204 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SAFE HOUSE FOR WOMEN, INC. FOR EMERGENCY SHELTER GRANT FUNDS FROM THE MISSOURI DEPARTMENT OF SOCIAL SERVICES - DIVISION OF FAMILY SERVICES The reading of BILL NO. 2000-204 was approved and the resolution adopted upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-204 is RESOLUTION NO. 1592. BILL NO. 2000-205 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN FOR THE COMMUNITY BLOCK GRANT PROGRAM The reading of BILL NO. 2000-205 was approved and the resolution adopted upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-205 is RESOLUTION NO. 1593. BILL NO. 2000-206 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN FOR THE COMMUNITY BLOCK GRANT PROGRAM Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 7, 2000 The reading of BILL NO. 2000-206 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. 2000-206 is RESOLUTION NO. 1594. BILL NO. 2000-207 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH THE UNITED STATES ARMY, FOR USE OF A HANGAR AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 2000-207 was approved and the resolution adopted upon Mr. Eggimann's motion, Mr. White's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-207 is RESOLUTION NO. 1595. BILL NO. 2000-209 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH THE VILLAGE POOL CORPORATION TO ERECT A SIGN AND CONSTRUCT A GROUPING OF MAILBOXES WITHIN THE RICHT-OF-WAY II OF VILLAGE DRIVE The reading of BILL NO. 2000-209 was approved and the resolution adopted upon Mr. Hopkins' motion, Mr. White's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-209 is RESOLUTION NO. 1 i 1596. BILL NO. 2000-210 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR BASIC BANKING SERVICES WITH COMMERCE BANK, N.A. The reading of BILL NO. 2000-210 was approved and the resolution adopted upon Mr. Eggimann's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-210 is RESOLUTION NO. 1597. Mr. David Knight and Mr. Cordell Dombrowski were appointed to the Special Business District Advisory Commission for terms expiring June 30, 2003, upon Mr. Hopkins' motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mr. Hopkins made a motion, seconded by Mr. Neumeyer, to approve a temporary 5% beer by the drink license for the Semo District Fair Assn. for an event to be held September 10-16, 2000, Fred Higdon, Managing Officer. Beer stands will be located in Arena Park at the following locations: #I south of the Arena Building, #2 southwest of the Arena Building, #3 northwest of the Arena Building, and #4 north of the Arena Building. The motion was approved upon 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 August 7, 2000 47 531809 A temporary 5% beer by the drink license was approved for Southeast Missouri Hospital Foundation for an event to be held August 18-20, 2000, at the A. C. Brase Arena Building, John C. Stotz, Managing Officer, upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling (abstain), Stoffregen, White. Nays, none. A change in a retail liquor by the drink and Sunday sales license was approved for Robert E. Hency, d/b/a Columbus Club Association, 318 S. Spanish and grounds, Robert E. Hency, Managing Officer, upon Mr. Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Regarding possible changes to the liquor license ordinance, Mayor Spradling stated that city staff will present information to the City Council at the August 21 meeting. Regarding changing the meeting times for the Cape Girardeau City Council, Mayor Spradling stated this will be on the August 21 agenda for discussion. Mr. Eggimann made a motion, seconded by Mr. Purcell, to accept into the city's system the street, sanitary sewer and water improvements, as shown on the plans approved for Vernon Rhodes Subdivision, Sewer District 14-1-F-9, and the storm sewers in the street right-of-way, and to release the escrow covering these improvements. 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. Hopkins, to accept into the city's system the water main extension to serve Ressell Subdivision, and to reimburse Mr. Ressell for the additional cost of the water main in the amount of $3,760. The motion was approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. The water main extension to serve Nottinghill Subdivision was accepted into the city's system upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mr. Neumeyer made a motion, seconded by Mr. Hopkins, to accept into the city's system the sanitary sewer improvements, as shown on the approved plans, to serve two lots in Chalet Trace Second Subdivision located along Hopper Road from Oak Ridge Court to just west of Dearmore Court. The motion was approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. The water main extension to serve Cape Auto Paint and Supply located on Plaza Way near Bloomfield Road was accepted into the city's system upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. The water main extension to serve the August Ritter property located north of the Cape Girardeau County Farm Park was accepted into the city's system upon Mr. Hopkins' motion, Mr. Neumeyer'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 August 7, 2000 a..44 The improvement of Richmond Drive from Siemers Drive to Station 2+85.5 (at its intersection of the city's tax billed portion of Richmond Drive, west of Cape West Parkway), was accepted into the city's system upon Mr. Hopkins' motion, Mr. Stoffregen's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mr. White made a motion, seconded by Mr. Eggimann, to grant an out -of -district sewer connection to Mr. and Mrs. John Peek at 174 and 206 Peek Lane, connecting to Sewer District 14. The motion was approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. There being no further business, the Council adjourned upon Mr. Eggimann's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. A. M. Spradling, III, Mayor Gayle L. Conrad, City Clerk BOARD OF ADJUSTMENT MINUTES CITY OF CAPE GIRARDEAU P. O. Box 617 Cape Girardeau, MO 63702-0617 July 11, 2000 To the Honorable Mayor and Council of the City of Cape Girardeau, Missouri Gentlemen: The Board of Adjustment met on Thursday, July 6, 2000, to consider variance requests. A motion was made by Dan Little and seconded by Mark Stuart to approve the minutes of the June 1, 2000, meeting. The vote to approve the minutes was unanimous. By actual vote counted and in the file, the following action was taken on the variance requests on the agenda: 1. The request of Billy G. and Deborah C. Trautman to vary the yard requirements to construct an addition to the residence closer than 25 feet to the rear property line at 2210 Kent Drive was approved. The motion to approve the request was made by Ivan Irvin, with a second by David Hinton. The vote on the request was four in favor and one in opposition. In addition, one alternate member voted in favor of the request, and one voted in opposition to the request. Respectfullysubmitted G, Daniel E. Little Secretary Present: Browne, Irvin, Little, Stuart, Tipton — Alternates: Buerck, Hinton Absent: Alternate: Dowdy W r'1 BOARD OF ADJUSTMENT MINUTES CITY OF CAPE GIRARDEAU P. O. Box 617 Cape Girardeau, MO 63702-0617 August 10, 2000 DRAFT To the Honorable Mayor and Council of the City of Cape Girardeau, Missouri Gentlemen: The Board of Adjustment met on Thursday, August 3, 2000, to consider variance requests. A motion was made and seconded to approve the minutes of the July 6, 2000, meeting. The vote to approve the minutes was unanimous. By actual vote counted and in the file, the following action was taken on the variance requests on the agenda: 1. The request of Jay F. and Kathleen A. Wolz to vary the yard requirements to construct an above ground pool and a deck partially surrounding the pool closer than 25 feet to the rear property line at 1146 Oak Ridge Court was approved. The motion to approve the request was made by Dan Little, with a second by Mark Stuart. The vote on the request was four in favor and one in opposition. Respectfully submitted, Daniel E. Little Secretary Present: Irvin, Little, Stuart, Tipton — Alternates: Buerck Absent: Browne — Alternate: Dowdy, Hinton DRAFT �,/* CAPE GIRARDEAU CONVENTION & VISITORS BUREAU 1 Advisory Board Minutes July 20, 2000 Convention & Visitors Bureau Members Present Tim Blattner Kathie Brennan Dennis "Doc" Cain Jerry Davis Paul Kesterson II Judith Lang Steve Taylor Members Absent David Ross, Chairman Sue Yuan Staff Present Ex -Official Members Terri Clark -Bauer, Director John Mehner Lin Jones, Sales/Marketing Manger Michael Miller Brenda Newbern, Group Sales Coordinator Debbie Frank, Administrative Secretary I. Call to Order Mr. Taylor, Vice Chairman called the meeting to order at 4:05 p.m. II. TTF Presentation 00,0 Mr. Walter Denton, Assistant City Manager; and Ms. Tracey Glenn, Public Information Officer; gave a presentation on the Transportation Trust Fund. An election will be held on August 8, asking voters to extend the Sales Tax for another five years III. Historic Preservation Presentation Mr. Kent Bratton, City Planner; and Ms. Brenda Schloss, Project Assistant with the City of Cape Girardeau, gave a presentation on the Historic Preservation Commission. The Commission was established in April 1990, and is comprised of eleven members, and at this time there are eleven structures in the City of Cape Girardeau that have been placed on the National Register of Historic Places. IV. Approval of Minutes Mr. Blattner made a motion to approve the June minutes. Mr. Kesterson seconded and the motion passed unanimously. V. Financial Report A. Income/Expense Report- The revenue did exceed the approved budget. B. Tax Collections Review 1. Rest/Hotel YTD Comparison- no discussion. VI. Staff Report A. Sales Report -Ms. Jones reported for the month of June eighty-one files had been worked, 7 files have been closed, eight are being serviced, thirty-nine were in development, one cancelled, twenty-six had arrived and departed. Ms. Jones went on to say for the month of June there were five boat dockings. The Black Hawk personnel presented a plaque to the CVB for their help and support with this event. DRAFT Board Minutes July 20, 2000 Page 2 Ms. Newbern reported there were approximately 3,500 people that attended the Black Hawk event, and approximately 8,000 people in attendance at the Air Show. Ms. Newbern went on to say that on October 3, there will be a special event called the Audubon Ark 2000 Tour. A boat will travel along the Mississippi River doing national conservation studies. B. Director's Report -Ms. Clark -Bauer introduced the new plastic welcome bag, and passed out the new gold lapel pin to each board member. VII. Chamber of Commerce Report -No report given VIII. Old Business A. MACVB Conference Report -Ms. Frank reported that she and Ms. Clark -Bauer attended the conference held on June 26-28 at Lake of the Ozarks. Topics at the conference were on destination audits, interactive marketing, research, developing a targeted e-mail program, and effective destination packaging. B. Riverfront Park Dockings and Tours Update- Ms. Clark -Bauer passed out a report that showed events scheduled by the CVB alone in 1999 and 2000 to date, totals 20,739 people that visited the riverfront. Mr. Bratton added that this type of information would help his staff in putting together future plans and grant projects. IX. New Business A. Goals and Objectives Discussion —Recruit Attractions — What would you like to do? Ms. Clark -Bauer reported that we are currently working on the River Campus Museum, Scenic Overlook at the River Campus, Riverfront Trail project, and we've increased the number of Boat Dockings. Mr. Taylor asked a question regarding solicitation of one time special events vs. permanent attractions. Ms. Lang made a motion to place this item on the agenda at a later date due to lateness of meeting. Mr. Blattner seconded and the motion passed unanimously. B. 100 Broadway Landscaping/Repairs-Ms. Clark -Bauer reported the roof needs to be repaired and the cost will be split up between the convention tourism fund and the City's general fund. The staff is working on bid specifications, and the approximate cost of the project will be $12,000 to $15,000. Also tuck -pointing and waterproofing will have to be done at a later date. X. Other Business- none reported. XI. Next meeting- Thursday, August 17, 2000 — 4:00 p.m. XII. Adjournment -Ms. Lang made a motion meeting to be adjourned. Ms. Brennan seconded. Minutes prepared by: Debbie Frank Minutes approved by: Judith Anne Lang CVB Advisory Board Secretary CAPE GIRARDEAU PUBLIC LIBRARY BOARD OF TRUSTEES Regular Meeting: July 27, 2000 ATTENDANCE: The Cape Girardeau Public Library Board of Trustees met Thursday, July 27, 2000 at 7 a.m. in the Hirsch Community Room of the Library. Present: President Donna Maguire, Michael Maguire, Sam Blackwell, Bill Rader, Jane Jackson, Jill Smirl, Sarah Nussbaum. Absent: Cyndy Hall, Dee Knorpp. Also present: Director Betty Martin, Phyllis Jackson, Ann Randolph. PRESIDENT'S Donna introduced Mark Lester from the City Engineering Dept. Mark REPORT gave a slide presentation to promote the Transportation Trust Fund -2 program and urged board members to vote at the August 8 election. Introductions were made and board members welcomed the two new board members—Jill Smirl and Sarah Nussbaum. Donna announced the following board committee assignments: Budget & Personnel: Cyndy Hall, Chair Jane Jackson Michael Maguire Building & Grounds: Bill Rader, Chair Jane Jackson Dee Knorpp By-laws & Policies: Public Relations: Michael Maguire, Chair Sam Blackwell Sarah Nussbaum Dee Knorpp, Chair Jill Smirl Bill Rader MINUTES Upon a motion by Bill Rader, seconded by Michael Maguire, the June minutes were approved. BILLS The bills were presented for payment. Bill Rader made the motion, seconded by Jane Jackson, that the bills be approved. Motion carried. DIRECTOR'S Staff—Two resignations this month --Ruth Bechtold, Circulation Page, REPORT and Ann Randolph, Youth Services Coordinator. Ruth's last day will be BETTY MARTIN Aug. 4 and Ann's last day will be August 11. Betty reported that she had interviewed two people at ALA and also sent letters to three candidates that did not attend ALA. One response from Coal, IL looks promising. Betty also spoke with Paula Gresham-Bequette from Riverside Regional Library and she is interested in interviewing. Paula has eleven years of library experience, but does not have a MLS. Ads were placed for YS Coordinator with a deadline of Sept. 30. One applicant interested—lives in Buffalo, Mo. Workmen's Comp Claim—Ann Randolph, while on library time, was at the Family Resource Center and somehow rammed a toothpick in her foot. She was taken to the emergency room --claim is approximately $650. ALA—July 7-10 in Chicago—over 18,000 in attendance with 2,000 exhibitors. Filtering Legislation—Betty distributed an e-mail print out on internet filtering to board members to read and review. Representative Steve Gaw will visit the library Friday, July 28 at 11:00 a.m. There will be a tour of the library and then discuss library issues such as the boundary law, money for construction, support for the Athlete & Entertainer's tax, internet filtering, etc. A copy of the reciprocal lending contract between St. Louis County and the St. Charles City -County library district was distributed to board members. St. Charles pays a few thousand dollars to St. Louis County and $4,00045,000 to St. Louis Public every year. HLC—All programs have ended as of today (7/27/00). The Center will be closed until September when after school tutoring program resumes. Betty announced that the City had started a new team, "Emergency Management" and that she would be on it. Donna Maguire and Betty attended the Leadership Cape luncheon on July 20 and heard presentations by participants. Of most interest to libraries was the Community Calendar by SE Missourian and the Volunteer Center. Discussion was held on the Cash Fund Balance which is shown on the financial and statistical report sent to the Board each month. The balance shown on the June 30 report each year has to be used for library operating expenses until taxes are paid and posted (Dec. -Feb.). The balance not used at that time is called cash reserves and can be used in case of an emergency (AV/Heating system or major building needs). ADULT SERVICES July 27 is Book Discussion and Poetry Coffeehouse is Monday, July 31. 2 YOUTH SERVICES The Summer Reading Club now has 752 sign-ups and the YA program has A. RANDOLPH 192. Nine hundred eighty-nine food coupons and 170 books were given away. The goal this year was 700 for the SRC and 250 for YA. All the craft programs this year have been filled and Fantastic Friday programs have been very well attended. On July 7, Brian Allsworth from KFVS-12 did a program about the weather; 126 people attended. On July 14, a forester from the Conservation Dept. talked about Missouri mammals and was attended by 72. July 26 program was attended by 83—a local beekeeper talked about how honey is made. On July 15, Sacha Phillips and Ruth Bechtold represented the library at the Family Resource Center block party. On Aug. 14, the East Missouri Action Agency is sponsoring a "Back to School" fair at the Salvation Army. CGPL will be sending a staff member to represent the library and promoting library card applications. Ann informed the Board that she had accepted a position with the St. Charles City -County Library District and would be resigning effective August 11, 2000. Bill Rader, on behalf of the Board, thanked Ann for her services to CGPL. COMMITTEE Building & Grounds—Air Conditioning—a programmable thermostat for REPORTS the Community Room will be installed at a cost of approximately $1,274. The thermostat will operate the individual split system as well as the baseboard heat. Sidewalk—received another estimate but was for a smaller square footage—contacted Welch Concrete to re -measure. OLD BUSINESS MO Public Library Standards—The By-laws and Policies Committee will meet August 17, 2000, 7 a.m.., at the library to review current by-laws and the Mission Statement. Pages 7-11 should be reviewed by next board meeting. Friends Wine Tasting Fundraiser --$5,194.14 profit was raised. NEW BUSINESS Betty will be on vacation July 31 -August 11—PJ will have all phone numbers on where to reach if necessary. ADJOURNMENT Upon a motion by Bill, seconded by Jane, the meeting adjourned at 8:15 a.m. 3 July 13, 2000 To the Honorable Mayor and Council Of the City of Cape Girardeau, Missouri Gentlemen: The Planning and Zoning Commission met Wednesday, July 12, 2000. By majority vote, actual vote counted and in the file, we act and/or recommend as follows: 1. That the request of G. Keith Deimund Trust to rezone Lots 1, 2, and 3 of Mount Auburn Subdivision No. 7 from R-2, Single Family Residential District, to R-3, Two -Family Residential District, be recommended for approval. The vote on the motion to approve the request was 9 in favor and none in opposition. There were no citizens present in opposition to this request. 2. That the request of Jerry and Judy Davis to rezone Lots 4, 5, and 6, of Block 2, Oak Park Subdivision, and Helena Avenue from Broadway to Lacey Street from R-2, Single Family Resdiential District, to C-1, Local Commercial District, be recommended for approval. The vote on the motion to approve the rezoning request was 8 in favor and none in opposition, with 1 abstention. There were no citizens present in opposition to this request. In regards to the vacating of Helena Avenue, Mr. Davis was referred to City staff for preparing the necessary documents for this procedure. V 3. That the request of Douglas J. and Elizabeth A. Hileman for a Spescial Use Permit for a home-based business at 1744 Luce Street in an R-3, Two -Family Residential District, be recommended for approval. The vote on the motion to approve the request was 8 in favor and none in opposition, with 1 abstention. There were no citizens present in opposition to this request. 4. That the request of Larry W. Stone to rezone 327 South Lorimier Street from R-4, Multiple Family Residential District, to C-2, General Commercial District, and for a Special Use Permit for mini -storage units at that location, be recommended for disapproval. The vote on the motion to approve the request was 0 in favor and 9 in opposition. There was one citizen present supporting this request. The Commission's findings in regard to the application were that it would adversely affect the character of the neighborhood, and substantially increase traffic hazards. Honorable Mayor and Council Members June 15, 2000 Page 2 5. That the record plat of Kammann Randol Subdivision be approved, with the stipulation that technical corrections required be made. The vote on the motion to approve the plat was 8 in favor and none in opposition, with 1 abstention. No citizens were present in opposition to this development. 6. That the request of West Cape Development for a variance to the street width of Shamrock Circle from 30 feet to 36 feet in Crites 10th Addition and from 40 feet to 36 feet in Crites 11 ch Addition be approved. The vote on the motion to approve the request was 9 in favor and none in opposition. No citizens were present in opposition to this request. Kent Bratton and Melanie Gertis made a presentation to the Commission on the Transportation Trust Fund 2 Program. The election for extending the tax for this program is to be on August Stn Respectfully submitted, AlyLe Thomas J. Mogelmcki Secretary Present: Haubold, Buhs, Mogelnicki, Cox, Holshouser, McKinney, Rediger, Smallwood, Westrich Absent: Blank August 10, 2000 To the Honorable Mayor and Council Of the City of Cape Girardeau, Missouri Gentlemen: The Planning and Zoning Commission met Wednesday, August 9, 2000. By majority vote, actual vote counted and in the file, we act and/or recommend as follows: 1. That the request of Sherman and Syvilla Swan for a Special Use Permit for a group home day care at 1200 South Ranney Avenue in an R-2, Single Family Residential District, be recommended for approval. The vote on the motion to approve the request was 8 in favor and none in opposition. There were no citizens present in opposition to this request. 2. That the request of Michael L. and Debra K. Annis to rezone 1217 William Street from R-3, Two -Family Residential District, to C-1, Local Commercial District, and for a Special Use Permit for mini - storage units at that location be tabled until the September meeting. The vote on the motion to table the request was 8 in favor and none in opposition. There was one citizen present with questions about this request. No one was in attendance to represent the applicant on this request. 3. That the request of Tom and Karen Mogelnicki and Charles and Barbara Travers to rezone 1000 Kingsway Drive from R-1, Single Family Residential District, to C-2, General Commercial District, be recommended for approval. The vote on the motion to approve the request was 8 in favor and none in opposition, with 1 abstention. There were no citizens present in opposition to this request. 4. That the proposed amendments to the Subdivision Regulations regarding submission of final plats and record drawings be recommended for approval. The vote on the motion to approve the proposed amendments was 8 in favor and 0 in opposition. 5. The Commission recommends to the City Council that Mount Auburn Road, between Independence Street and North Kingshighway be restriped to four lanes, and that no on -street parking be allowed. They also recommend that the eastern most northbound lane on Mount Auburn Road, south of Independence Street, be remarked to allow traffic to continue north or to make right turns from that lane. Honorable Mayor and Council Members August 10, 2000 Page 2 6. The Commission reviewed an alternate site plan for mini -storage units at 327 South Lorimier Street requested by Larry W. Stone. The Commission reviewed a site plan at the July meeting and recommended disapproval of the request. After reviewing the alternate site plan, the Commission recommended disapproval of the alternate site plan. The vote on the motion to approve this plan was 0 in favor and 8 in opposition. The Commissioners felt their findings for recommending disapproval of the plan were the same as their previous recommendation, plus additional units are included that would encroach into the required front and rear yards. Respectfully submitted, Thomas J. Mogelnicki Secretary Present: Haubold, Buhs, Mogelnicki, Blank, Holshouser, McKinney, Rediger, Smallwood Absent: Cox, Rademaker, Westrich MINUTES HISTORIC PRESER DATION COMMISSION City of Cape Girardeau PO Box 617 Cape Girardeau, MO 63702-0617 June 21, 2000 The Historic Preservation Commission held its regular monthly meeting on June 21, 2000 at 7:00 p.m. at City Hall, 401 Independence Street. Members Present: Billy Boswell, Danna Cotner, Felix Kinsley, Leeanne Milde, Verna Nelson, Barbara Port Dave Rutherford, John Schneider, Marj Thompson Members Absent: Mike Stites, Betty Voss The meeting was called to order at 7:00 p.m. by John Schneider, Chairman. Upon motion made, the minutes of the May 17, 2000 meeting were unanimously approved. Old Business: Dr. Steven Hoffman of Southeast Missouri State University discussed the proposed Conservation Zoning Ordinance with the Commission. After giving a brief overview of conservation zoning for the new commissioners, Dr. Hoffman recommended that an appeals process be added to the ordinance. He suggested that following set procedures would give future decisions made by the Commission more authority. Danna Cotner will further research the appeals process for the ordinance and run the draft ordinance past the City Attorney for his consideration. Cotner stated that she would have the revised draft of the ordinance ready for discussion at the July meeting. Dr. Hoffman offered to be available for the Planning and Zoning Commission meeting when the ordinance is presented to them for review. Vera Nelson, Leeanne Milde and Felix Kinsley submitted their lists of sites recommended for historic recognition signs. The Education Committee will decide on which sites to place the signs when the remainder of the Commission submits their lists. MINUTES HISTORIC PRESERVATION COMMISSION June 21, 2000 Page 2. Committee Reports: Barbara Port of the Education Committee requested that a thank you note be sent to the Cape Girardeau Public Library for allowing the Commission to use their display case and meeting room during historic preservation week. The Library has generously permitted the Commission to use these facilities for numerous years and has already reserved the room and display case for the Commission's 2001 celebration. The Finance Committee reported that the entire budget for the 1999-2000 fiscal year has been expended. Marj Thompson of the Landmarks Committee reported that Mr. Westbrook, owner of the Engleman House, 504 Bellevue?, has indicated an interest in placing his home on the local landmarks registry. Thompson also reported that she spoke with Dr. Steve Hoffman concerning the possibility of a student writing the local nomination for the City Hall building, 401 Independence. Dr. Hoffman stated that he would review availability in his department and determine who would be best suited for this kind of project. He also advised that it would require the full cooperation and support of the City and the City Council. The Publicity Coordinators had no report. However, Leeanne Milde recommended that monthly reports on Commission meetings be submitted to the Southeast Missourian for news publication. The Commission agreed that she should proceed with this endeavor. Other Business: Dr. Steve Hoffman questioned whether the Historic Preservation Master Plan could be put on the Internet. Danna Cotner motioned that with Dr. Hoffman's help the Master Plan be included on the City's web site. Felix Kinsley seconded the motion and motion passed with an 8-0 vote in favor. Kent Bratton recommended that Walter Denton, Assistant City Manager be contacted for the project. Judith Ann Lange, president of the Downtown Merchant's Association and member of the Old Town Cape Main Street organization and Dr. Steve Hoffman approached the Commission to solicit feedback on the vision statements formed for Old Town Cape. Lange reported that this past February, the State of Missouri officially named Cape Girardeau a Main Street town. The local Main Street group has divided the area into three separate districts: the Riverfront District, the Upper Broadway District and the Haarig MINUTES HISTORIC PRESERVATION COMMISSION June 21, 2000 Page 3. Other Business (cont.): District. At a recent Main Street meeting, each district was given visions for organization goals, design goals, promotion and economic restructuring goals and also includes individual vision statements. Lange and Hoffman requested that each Commissioner review these visions and complete a comment sheet to be returned at the next Commission meeting. Old Town Cape is comprised of a 15 -member board and continues to solicit for volunteers. Danna Cotner submitted a letter drafted to the GSA concerning the new Federal Building design. The Commission approved the letter and requested that City staff type and submit the amended letter. Kent Bratton reported that the bid advertisement for the demolition of the Old St. Francis Hospital has been published. Target date for the razing of the building is October of this year. Bratton advised the Commission that the City Council has called for the condemnation of the Marquette Hotel. Dave Rutherford requested that he be added to the July agenda to discuss the 2000-2001 FY budget. Kent Bratton requested that a presentation of the Transportation Street Fund, Phase II, be added to the July agenda. The meeting adjourned at 8:25 p.m. The next regular meeting of the Historic Preservation Commission is scheduled for July 19, 2000. Respectfully Submitted, Felix Kinsley Secretary FK/bds MINUTES DOWNTOWN SPECIAL BUSINESS DISTRICT ADVISORY COMMISSION July 20, 2000 Upon public notice duly given the Public Hearing and Annual Meeting of the Downtown Special Business District Advisory Commission convened at 11:30 a.m. on Thursday, July 20, 2000. The following commissioners were present: David Knight, Chairman; Steve Mueller, and Kent Zickfield. Cordell Dombrowski and Jack Lamkin were absent. Also present were: Kent Bratton, City Planner; John Richbourg, Finance Director; Michael Miller, City Manager; Brenda Schloss, Recording Secretary; Charles Hutson, President of the Cape Girardeau Redevelopment Corporation. Michael Miller, City Manager, addressed the board to thank them for their efforts the past year and to answer any questions they might have for him. Kent Zickfield motioned to accept the minutes of the July 12, 1999 meeting. Steve Mueller seconded the motion and motion passed with a 3-0 vote in favor. Kent Zickfield motioned to re-elect current officers for the 2000-01 term. Steve Mueller seconded the motion and motion passed with a unanimous vote of 3-0. David Knight was re- elected as chairman, Steve Mueller as vice-chairman and Kent Zickfield as secretary. John Richbourg reported on the Downtown Business District account and stated that approximately $19,000 remained from last year's budget. Richbourg also stated that revenues have not been as strong as in previous years. Charles Hutson, President of the Redevelopment Corporation, reported that the Redevelopment Corporation had a loan balance of approximately $10,000. Richbourg advised Hutson that some sort of statement or invoice is needed to pay on the loan. He also informed him that the City had not been receiving any invoices since the beginning of the year. Hutson contacted the Chamber of Commerce and was assured that invoices would soon be submitted to the City for payment. Hutson informed the Commission that the company that supplied the designer street light posts went out of business and that he was having a problem locating another company to make replacement poles. He also questioned if the City was responsible for the maintenance of the ornamental stop signs in the downtown area. Kent Bratton will research the issue. Kent Zickfield motioned that the proposed expenditures and revenues for the Downtown Special Business District be approved. Steve Mueller seconded the motion and the motion passed with a 3-0 vote in favor. MINUTES DOWNTOWN SPECIAL BUSINESS DISTRICT #2 July 20, 2000 PAGE 2. Kent Zickfield stated that some type of visible improvement needed to be done downtown to let property owners know where their tax money was going. He recommended something simple be done such as painting all the trash containers a uniform color or erecting directional signs Hutson stated that he would like to see the Business District expanded south to William and west to Lorimier Street and that cluster lights be installed in those areas. He also stated that the City needed to address the problem of the Main Street, William Street and Water street intersection and that the pavilion needs to be expanded. The Board also discussed the CVB information kiosk to be built on Broadway, across from the old Ragsdale building. Bratton informed the board that the project would proceed after the sewer project is completed in that area. The Board was concerned about the design and uniformity of the kiosk. Bratton recommended that they speak with the Convention and Visitor's Bureau Director, Terri Clark -Bauer, about the issue. Steve Mueller motioned that the contract with the Redevelopment Corporation be recommended for renewal. David Knight seconded the motion and motion passed on a 3-0 vote. David Knight voiced his concern over board member absenteeism. Kent Zickfield motioned that the Board recommend to the Council that Jack Lamkin be replaced on the Board. Steve Mueller seconded the motion and motion passed with a 3-0 vote in favor. In other business, there was discussion on the condemnation of the Marquette Hotel , the extension of the hiking/biking trail, the River Overlook at the River Campus, utilization foe the old bridge approach and the decorative lights to be installed on the new bridge. Upon motion made, the meeting adjourned at 12:40 p.m. Respectfully Submitted, Kent Zickfield Secretary KZ/bds CITY COUNCIL MEETING AGENDA fl) August 28, 2000 Cape Girardeau, Missouri n CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL Special Meeting 401 Independence Street City Council Agenda Monday, August 28, 2000 12:00 noon Call to Order Roll Call BILL NO. 2000-215, a Resolution authorizing the City Manager to execute an agreement with Am Rail Constriction, Inc. for the Biokyowa rail spur extension project Phase I. Reading and Passage. Letter No. 316 Action 2. BILL NO. 2000-213, an Ordinance accepting permanent and temporary easements from Greater Cape Girardeau Area Benevolent Association and Biokyowa, Inc. for right-of-way to construct and maintain a rail spur in the Nash Road Industrial Park. Second and Third Readings. Letter No. 317 Action 3. BILL NO. 2000-220, a Resolution authorizing filing of an application with the Environmental Protection Agency, United States of America, for a loan under the Federal Water Pollution Control Act, as amended, and the Missouri Department of Natural Resources, State Revolving Fund Program, for loans under the Missouri Clean Water Law, Section 644 RSMo. Reading and Passage. Letter No. 318 Action 4. Other business. 5. Adjournment of the City Council. ************ 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. CITY OF CAPE GIRARDEAU, MISSOURI 0 Office of the City Manager Council Letter No. 316 Agenda August 28, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Resolution Authorizing a Contract for the Biokyowa Rail Spur Extension, CDBG #97 -ED -14 On July 27, 2000 bids were received for the construction of new railway spur track to serve Biokyowa, Inc., which is located at 5469 Nash Road. Four (4) bids were received, ranging in cost from $926,647.00 to $618,722.OQ Am Rail Construction, Inc. submitted the low bid of $618,722.00. The Engineer's estimate of cost was $601,301.00. City financing for the construction of this rail spur is being provided by a Community Development Block Grant at $445,300. The additional funding required will be provided by Biokyowa. The Council's approval of this contract will be contingent upon finalization of a development agreement with Biokyowa in regard to the project. The City has received a letter of intent from Biokyowa and a supplementary letter in this regard stating that the company does intend to proceed with the project, will provide the necessary funding, and will execute the development agreement. Copies of this letters are also attached. In accordance with the Biokyowa letters, the development agreement will be placed on the Council's agenda for the September 5, 2000, meeting for final approval. A resolution authorizing a contract with the low bidder, Am Rail Construction, Inc., is attached for Council consideration and action. Respectfully submitted, rk A. Lester, P. E. Engineer Michael G. Miller City Manager MAL/MGM/kJ 08/23/00 WED 10:49 FAX 573 335 1466 BIOKYOWA INC. IN02 BIOKYOWA August 23, 2000 Mr. Kent Bratton. City Planner City of Cape Girardeau 401 Independence Cape Girardeau MO 63713 Dear Kent, The following is an outline of our plans as described by Mr. Fujiwara to the Kyowa Hakko corporate offices in Tokyo. This plan is basically what you described that we could do during our meeting in your office on Monday, August 21,2000. It is as follows: 1. By noon Friday, August 25, 2000 we will supply you with a signed letter of intent. This will allow you to hold a special session of the City Council on Monday August 28 and pass the resolution on the awarding of the job bid. 2. That passing will then allow you to inform AM Rail of your intention to award the bid to them before the final day which is August 31. You and Mark Lester had stated that this action would hold the bid and keep it active. 3. On September 5, before the City Council meeting we will give you a signed copy of the Development Agreement, and at the City Council meeting that evening final action can be taken. 4. The City Manager will sign everything on September 6 5. We will supply the City with the $196,922 money for the escrow account by September 20,2000. This pian gives our corporate office the time to take the internal action with respect to informing everyone and getting funds transferred that they have to do. It is what we had agreed to as a possible scenario in our meeting with you in office on Monday. Thank you for your patience in this matter. if you have any questions or comments please contact me. Sincerely, William T. Hinckley Plant Manager BioKyowa, Inc. PO Box 1550 ❖ • Cape Girardeau • MO 63702.1550 Ph.: 573-335-4849 BIOKYO Fax: 573-335-1466 August 25, 2000 Mayor Al Spradling III City Council Members City of Cape Girardeau 401 Independence Cape Girardeau MO 63703 Dear Mr. Mayor and City Council Members: This letter is to confirm BioKyowa's intent to proceed with the Rail Spur Project utilizing funds from the Community Development Block Grant received by the City. In order to expedite this process and to assure the City Council of our firm intent in this matter, Biokyowa herewith agrees to pay the difference between the actual cost of this project and the approved amount in the grant fund. A formal Development Agreement setting forth the details of this arrangement will be signed before the next normally scheduled City Council meeting on September 5, 2000. We respectfully request that a special session of the City Council be held in order for them to authorize the contract for construction of the Rail Spur with AM Rail. Sincerely, William T. 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A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH AM RAIL CONSTRUCTION, INC., FOR THE BIOKYOWA RAIL SPUR EXTENSION PROJECT PHASE 1 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Am Rail Construction, Inc. for the Biokyowa Rail Spur Extension Project Phase 1 - Sta. 0+00.00 to Sta. 41+68.74, CDBG Project No. 97 -ED -14. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF nATTEST: Gayle L. Conrad, City Clerk W , 20 A. M. Spradling, III, Mayor BIOKYOWA RAIL SPUR EXTENSION PROJECT PHASE 1 - STA 0+00.00 to STA 41+68.74 CDBG PROJECT NO. 97 -ED -14 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT, dated this day of in the year 2000 by and between the City of Cape Girardeau, Missouri, hereinafter called the OWNER and Am Rail Construction, Inc. (Hereinafter called the CONTRACTOR). WITNESSETH, that for and in consideration of the acceptance of the Contractor's bid in the amountof: six hundred eighteen thousand seven hundred twenty-two dollars and zero cents ---------- ----------------- (5618,722.00) and award of this Contract to said Contractor by the Owner and in further consideration of the agreements of the parties herein contained, to be well and truly observed and faithfully kept by them and each of them, it is agreed between the parties as follows to wit: THE OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. IN THE CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The work is generally described as follows: Construction of new railway spur track including general site grading, excavation, embankment, walkways, shoulders, storm sewer culverts, furnishing and laying rails, ballast, ties, and other associated work as shown on the plans and stated in the specification prepared by Bowen Engineering & Surveying, Inc. dated May, 2000. This work is for the City of Cape Girardeau, Missouri. Article 2. ENGINEER BOWEN ENGINEERING & SURVEYING, INC. Will assist the Owner, and perform construction inspection, occasionally act as the OWNER's representative, assume all duties and responsibilities, and have all rights and authority assigned to the "ENGINEER" as set out in the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The work will be substantially completed within 150 calendar days after the date of Contract commencement. C-1 3.2 LIQUIDATED DAMAGES. BOTH THE OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that the OWNER will suffer financial loss if the Work is not completed in the time specified in paragraph 3.1, plus any time extensions allowed. THE OWNER and CONTRACTOR also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, the OWNER and CONTRACTOR hereby agree that as liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay the OWNER Four Hundred Dollars 400.00 for each day that the Project is not completed after the time specified in paragraph 3.1. Article 4. CONTRACT PRICE. THE OWNER shall pay the CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.2 below: 4.2 For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Work times the actual quantity of that item. Estimated quantities are not guaranteed, and determinations of actual quantities and Classifications are to be made by the ENGINEER. Article 5. PAYMENT PROCEDURES. THE CONTRACTOR shall submit Applications for Payment in accordance with Articles 24, 25 and 26 of the General Conditions. Applications for Payment will be processed by the ENGINEER. Article 6. CONTRACTORS' REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has examined and carefully studied the Contract Documents (including all Addenda) and the other related data identified in the Bidding Documents, including "technical data". 6.2 CONTRACTOR has visited the site and is familiar, and satisfied regarding the general, local, site conditions that may affect cost, progress, performance and furnishing of the Work. 6.3 CONTRACTOR is familiar with and is satisfied regarding Federal, State, Local Laws and/or other Regulations that may affect cost, progress, performance and furnishing of the Work. 6.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site as provided by the Owner. THE CONTRACTOR acknowledges that plans, specifications, and /or reports may C-2 not be complete for CONTRACTOR's purposes. THE CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. THE CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. THE CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 6.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from site inspections, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 6.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 7.1 This Agreement (pages 1 to 7 inclusive) 7.2 Exhibits to this Agreement 7.3 Performance, Payment, and other Bonds 7.4 Notice to Proceed 7.5 General Conditions 7.6 Supplementary Conditions C-3 X �I/ 7.7 Specifications bearing the title BIOKYOWA RAIL SPUR EXTENSION PROJECT Phase l - Sta 0+00.00 to Sta 41+68.74 CDBG PROJECT NO. 97 -ED -14 Dated - May, 2000 7.8 Construction Plans BIOKYOWA RAIL SPUR EXTENSION PROJECT Phase I - Sta 0+00.00 to Sta 41+68.74 CDBG PROJECT NO. 97 -ED -14 Dated - May, 2000 7.9 Addenda numbers 1 to 1, inclusive. 7.10 CONTRACTOR's Bid (Proposal) 7.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to _, inclusive). 7.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents. There are no Contract Documents other than those listed above in the Article 7. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement are defined in the General Conditions, the specifications, and referenced specifications. 8.2 No assignment by a party hereto of any rights or interests under these Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 The OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. C-4 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on, (which is the Effective Date of the Agreement) OWNER: CITY OF CAPE GIRARDEAU, MO. Michael G. Miller, City Manager [CORPORATE SEAL] Attest Address for giving notices 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO. 63701 2000 CONTRACTO [CORPORATE SEAL] Attest Address for giving notices V" AUTHORIZATION TO SIGN DOCUMENTS ON BEHALF OF THE CONTRACTOR Gentlemen: If the low bidder, whom this contract is to be awarded, is a Corporation, the following "Corporate Resolution" must be executed by the Secretary of the Corporation and presented to the City of Cape Girardeau, Missouri at the time of executing the Contracts. Also the Contractor must have in his (her) possession at the time of signing, the Corporate Seal that will be affixed to his (her) signature. C-5 CERTIFIED COPY OF CORPORATE RESOLUTION 1, , do hereby certify that I am the Secretary of , a corporation duly organized and existing under and by virtue of the laws of the State of , and such Secretary, I have access to all original records of said Corporation, and I do hereby certify that at a meeting called, held and convened according to the law and the By -Laws of said Corporation on the day of , 2000, a quorum being present and voting thereon, the following Resolutions were unanimously adopted. RESOLVED, that the Corporation enter into a contract with for the construction or making of certain improvements known as for a total contract price of $ for such further and additional terms as the officers of the Corporation deem appropriate. FURTHER RESOLVED, that the following officers of the Corporation: NAME TITLE or any one of them acting alone, shall be authorized to execute any and all documents necessary to carry out the intention of the foregoing Resolutions including, but not limited to, any contracts or bonds. That the foregoing is a full, true and correct copy of said Resolutions as the same appear on the records of said Corporation; that the same have not been altered, amended or appealed and are now in full force and effect. C-6 CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned, , the duly authorized and acting legal representative of do hereby certify as follows: I have examined the attached contract(s) and surety bonds and the manner of execution thereof, and 1 am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. (Signature) (Date) V F -M No. (b) BIDDER has visited the site and is familiar and satisfied himself regarding the site conditions that may affect cost, progress, performance and furnishing of the Work; (c) BIDDER is familiar with and satisfied himself regarding all federal, state, local Laws and Regulations, that may affect cost, progress, performance and furnishing of the Work. (d) BIDDER has carefully studied all construction drawings, specifications, referenced specifications, and examined the site conditions at or contiguous to the site and all drawings of physical conditions in or relating to surface or subsurface structures at or contiguous to the site which have been identified or furnished by the Owner or Engineer. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the. Contract Documents. (f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. P-2 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): Unit Price Bid BIOKYOWA RAIL SPUR EXTENSION PROJECT PHASE I - STA 0+00.00 to STA 41+68.74 CDBG PROJECT NO. 97 -ED -14 CAPE GIRARDEAU, MISSOURI NO ITEM UNIT QUANTITY UNIT PRICE AMOUNT 1 MOBILIZATION L.S. 1 500.06 �� 500,60 2 EXCAVATION CY 2,800 .3.30 4 P 40.60 3 EMBANKMENT CY 14400 5Qo If 11000, 90 4 UNDERCUTTING CY 8,050 -3,30 '11' 5&:5-. O() 5 FILTER FABRIC S.Y. 29,800 1.'76 j"Q az. goo 6 SUB -BALLAST C.Y. 4,405 15.0 5-9 fog . DO 7 BALLAST, CLASS 5 C.Y. 2,780 111570, Z//, 8 TRACKWORK L.F. 4,584 �,,ll IO.S.fJV Qj'7 l�Q 9 DERAIL L.S. 1 10 NO. B TURNOUT EACH 2 aa1 11 30' DIA. CLASS V R.C.P. L.F. 127.5 6A JD 37s� TOTAL BID AMOUNT: $ 618 TOTAL BID AMOUNT (written amount of WO ,(,U0 �( (Total bid amount is to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. In case of error in extension, the unit and lump sum prices under each Pay item will be considered correct, and these sums when properly extended, shall constitute the Bid.) P-3 BIDDER acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. BIDDER accepts the provisions of the Agreement regarding liquidated damages, in the event of failure to complete the Work within the times specified in the Agreement. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of bid bond or cashiers check. (b) Anti -Collusion Statement (P-5) SUBMITTED on Jy�y �- , 2000. BY: (SIGNED) CONTRACTOR: l� nom► A / C oNs7�/ CJ 7�"i �d�% Pb (PRINTED) ADDRESS.0-X S 8 / 7—d/s &/, o,/ 7 �1 SSS PHONE: 6119- 439— 222.0 FAX: 9 7 A— y 3 Q _;, 1.6 Q - moi. �(�•f.••'C �,j;��,� /'!/l111111!1t��t'LL: P-4 IF BIDDER IS: An Individual doing business as Business address: Phone No.: A Partnership (Firm Name) (General Partner) Business address: Phone No.: EAL) P-5 A Corporation = Ur" c By �� A"g' C (Corporation Name) (State of Incorporation) Uy :s9 (SEAL) Person Authorized to Sign) ,Name of "! (Title) r &-.57 cl A - (v or€te Sear.;;:, Attest _ ncC��,�.r (Secretary P-5 Business address: P© SOX -s8 / r eo y Tv1s� az -7 q�s-�' Phone No.: / g- 4 3 9 -- Date of Qualification to do business is A Joint Venture Mr (Name) (Address) SEAL) By (SEAL) (Name) (Address) Phone Number and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) ANTI -COLLUSION STATEMENT STATE OF ) �. SS. COUNTY OF duly sworn, deposes and says that he is Title of Person Signing of Name of Bidder being first That all statements made and facts set out in the proposal for the above project are true and correct; and that the bidder (The person, firm, association, or corporation making said bid) has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such bid or any contract which may result from its acceptance. Affiant further certifies that bidder is not financially interested in, or financially affiliated with, any other bidder for the above project. Sworrr•tp'646,f6;'pn6 this My Co�is�dr%)Zpires 4 V" By .. By By day of 20 Notary Public THE AMERICAN INSTITUTE OF ARCHITECTS e) ;& AIA Document A310 Bid Bond BOND # ARI KNOW ALL MEN BY THESE PRESENTS, that we AM RAIL CONSTRUCTION, INC. 16901 EAST ADMIRAL PLACE TULSA, OK 74116 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NJ 07102 a corporation duly organized under the laws of the State of NEW JERSEY as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF CAPE GIRARDEA I (Here insert full name ,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. AS, the Principal has submitted a bid for A SPUR EXTENSION, CAPE GRZARDEAU (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or 'b' if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specifl`hi's��id'bid,a�n3�such larger amount for which the Obligee may in good faith contract with another party to perform the Work$��Y:<bidtlhis g obligation shall be null and void, otherwise to remain in full force and effect. r 4�? .4,/ �� ` f Signed and sealed this 27th day of Ju1X, 2000. AM RAIL CONSTRUCTION YNG •' , (Principa • • • • ' �.� (W�Is(Titl INT RNATION >vhi,> A r (SutJ0 ( i e) Attorney -in- act (Witness) A ® FEBRUARY 1970 ED THE AMERICAN u JL � j ,� DOCUMENT A310 BID BOND Al (1 1T WARNING: OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. Tel (973) 624-7200 POWER OF ATTORNEY ANY INTERNATIONAL FIDELITY INSURANCE COMP HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALL oMEe Jersey, Tand having itsprincipal t INTERNATIONAL Nice in k T IONity �A FIDEk,ITY INSURANCE N U AN her OhyTcot�i Y, a and oration organized and existing ppoint laws of the State C. GENE QUARLES, THOMAS K. BAKER, CINDI L. SMITH, RICHARD D. WHITMIRE l'ulsa, OK. y its �writine and l s obligatory and Yn the nature execute, seal are deliver very or allowed,and on r qu red or petted bn law, ssttature,nrule, dation, contractorotherwisof e and other g B ppee gguu the execution of such inn the nater in all intents and purposes, presents, the same had beentdulygexecuted and id I11 Eedged byitst�egulalDrly elected °ffic�aCta COMPANY, as fully and amply, principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3 -Section 3, of the f Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY ata meeting called and held on the 7th day of February, 1974• The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (I) undeprtl�akings,ttcontncts of indemnity and other writings obligatory in the nature therealf of the of Company, attach the Seal of the Company thereto, bonds and (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: o hv be affi po ixed to any such wer of or ertificate fNaocsimile Band any such Powet°of attorneycorsand the seat of the certifiate bearing such facsimile signaturess or facsimile sea shall be val d and bindlyngc upon the Co relating yetet such power d executed ,ane ch f � ych�facuncle signature and facsimile sal shall be valid and binding upon the Company in the future with respect bond or undertaking to INTERNATIONAL Eby u�Ut CE COMPANY has caused this instrument to be Y IN TESTIMONY WHEREOF. fixed its authorized officer, this 3 1sdaY of August, AD. 998. VGg ed andtc corporatesealt INTERNATIONAL FIDELITY INSURANCE CO sFAt 1904 STATE OF NEW JERSEY 6 y CID County of Essex Secre me On this 3the he is of the therein describefore me came the bed and authorized officer ofthe who executedINT�d�le prOeNAL MELITYLINS R CE COMPANto me rsonall Y; that the seal affixed to sworn, said TI said instrument is the Corporate Seal be said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors o said Company. O�IAFIN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUSLIC'OF,OW,JERSEY My Commjssign c�ir�f : 21; 2000 CERTIFICATION i� , J � ' tp(/ the foregoing copy I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby'cairpIhal�P(ep .INA Power of Attorney and affidavit, and the copy of the Section of the By Laws of said Company as set forth in sakt;dwer o? oftfte 6aid oh(S andWith eth3�I the saWer IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of # 1& ,$r� of Attorney has not been revoked and is now in full force and effect day of IN TESTIMONY WHEREOF, 1 have hereunto set my hand this a ( CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 317 Agenda August 28, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: An ordinance accepting permanent and temporary easements from Greater Cape Girardeau Area Benevolent Association and Biokyowa, Inc. for right-of-way to construct and maintain a rail spur in the Nash Road Industrial Park Greater Cape Girardeau Area Benevolent Association and Biokyowa, Inc. have agreed to grant permanent and temporary construction easements and assignment of a permanent easement for construction and maintenance of a rail spur designed to serve additional businesses located in the Nash Road Industrial Park. The easements are for the Biokyowa Rail Spur Extension Project, funded in part by a Community Development Block Grant and are conveyed at no cost to the City of Cape Girardeau. The attached ordinance accepting the easements was given first reading at the August 21' meeting. In conjunction with the resolution authorizing the contract for this project, which is also on the agenda for this special meeting, we are requesting the Council give second and third readings of this ordinance so that the project can proceed. Respectfully submitted, 1. Bratton anner Im Michael G. Miller City Manager BILL NO. 2000-213 ORDINANCE NO. AN ORDINANCE ACCEPTING PERMANENT AND TEMPORARY EASEMENTS FROM GREATER CAPE GIRARDEAU AREA BENEVOLENT ASSOCIATION AND BIOKYOWA, INC. FOR RIGHT-OF-WAY TO CONSTRUCT AND MAINTAIN A RAIL SPUR IN THE NASH ROAD INDUSTRIAL PARK BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby accepts a Permanent Easement Assignment for maintenance of a rail spur, executed by Greater Cape Girardeau Area Benevolent Association on property located in the Nash Road Industrial Park in the County of Cape Girardeau, State of Missouri, more particularly described as follows, to -wit: A STRIP OF LAND BEING 25 FEET WIDE, BEING A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The west 25 feet of the tract of land recorded in the land records of the County Recorder's Office in book 471 at page 479 wherein the Grantor reserved for itself, its successors and assigns, an easement for railroad purposes. ARTICLE 2. The City of Cape Girardeau, Missouri, hereby accepts a Permanent Easement for construction and maintenance of a rail spur, executed by Greater Cape Girardeau Area Benevolent Association on property located in the Nash Road Industrial Park in the County of Cape Girardeau, State of Missouri, more particularly described as follows, to -wit: A STRIP OF LAND BEING 100 FEET WIDE, LYING 50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE, TO -WIT: A PART OF THE SOUTH HALF OF SECTION 27, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the southwest corner of a tract of land recorded in the land records of the County Recorder's Office in book 471 at page 479; Thence N 8922'30" E, 15.68 feet to the point of beginning; thence S 01 24'01 " E, 1271.86 feet to the beginning of a curve concave to the northwest having a central angle of 9021'56" and a radius of 521.67 feet; thence along said curve in a southwesterly direction, 822.77 feet to a point being 50 feet north of and normal to the south line of said Section 27; thence S 88°57'55" W, 819.98 feet to the beginning of a curve concave to the northeast having a central angle of 8949'43" and a radius of 521.67 feet; thence along said curve in a northwesterly direction, 817.88 feet to a point being 20 feet east of and normal to the west line of a tract of land recorded in the land records of the County Recorder's Office in book 897 at page 770; thence N 0102'23" W, 516.22 feet to the beginning of a curve concave to the southwest having a central angle of 1637'37" and a radius of 478.34 feet; thence along said curve in a northwesterly direction, 138.81 feet and there terminating at a point on the west line of said tract recorded in book 797 at page 770. ARTICLE 3. The City of Cape Girardeau, Missouri, hereby accepts a Temporary Construction Easement for construction of a rail spur, executed by Greater Cape Girardeau Area Benevolent Association on property located in the Nash Road Industrial Park in the County of Cape Girardeau, State of Missouri, more particularly described as follows, to -wit: A STRIP OF LAND BEING 50 FEET WIDE, MORE PARTICULARLY DESCRIBED, TO -WIT: A PART OF THE SOUTH HALF OF SECTION 27, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a Concrete Monument at the Southeast corner of said Section 27, thence S 8857'55" W, 2834.49 feet along the South line of said Section 27 to the southeast corner of a tract of land recorded in the land records of the County Recorder's Office in book 1060 at page 880; thence N 00037'30" W, 100.00 feet along the east line to a 1/2" Iron Pin (set) at the northeasterly corner of said tract, and being the point of beginning; thence continuing N 0037'30" W, 50.00 feet along the east line of a tract of land recorded in the land records of the County Recorder's Office in book 897 at page 770; thence N 8857'54" E, 158.81 feet to the beginning of a curve concave to the northwest having a central angle of 9021'56" and a radius of 421.67 feet; thence along said curve in a northeasterly direction, 665.05 feet; thence N 01 24'01 " W, 924.08 feet to a point on the south line of a tract of land recorded in the land records of the County Recorder's Office in book 810 at page 790; thence N 8922'30" E, 50.00 feet; thence leaving said south line, S 01 24'01 " E, 923.40 feet to the beginning of a curve concave to the northwest having a central angle of 9021'56" and a radius of 471.67 feet; thence along said curve in a southwesterly direction, 743.91 feet; thence S 8857'55" W, 159.17 feet to the point of beginning and containing 2.051 acres. ARTICLE 4. The City of Cape Girardeau, Missouri, hereby accepts a Temporary Construction Easement for construction of a rail spur, executed by Biokyowa, Inc. on property located in the Nash Road Industrial Park in the County of Cape Girardeau, State of Missouri, more particularly described as follows, to -wit: A STRIP OF LAND BEING 50 FEET WIDE, MORE PARTICULARLY DESCRIBED, TO -WIT: E A PART OF THE SOUTH HALF OF SECTION 27, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a Concrete Monument at the Southeast corner of said Section 27, thence S 8857'55" W, 2834.49 feet along the South line of said Section 27 to the southeast corner of a tract of land recorded in the land records of the County Recorder's Office in book 1060 at page 880; thence N 00°37'30" W, 100.00 feet along the east line to a 1/2" Iron Pin (set) at the northeasterly corner of said tract, and being the point of beginning: thence along the north line of said tract the following courses and distances: S 8857'55" W, 660.82 feet to the beginning of a curve concave to the northeast having a central angle of 8949'43" and a radius of 471.67 feet; thence along said curve in a northwesterly direction, 739.49 feet; thence N 0112'23" W, 516.22 feet to the beginning of a curve concave to the southwest having a central angle of 1637'37" and a radius of 528.34 feet; thence along said curve in a northwesterly direction, 153.32 feet; thence S 7210'01 " W, 100.00 feet to the northwesterly corner of said tract, said point being the beginning of a non -tangent curve concave to the southwest having a central angle of 0559'20" and a radius of 428.34 feet from which a radial line bears S 7210'01 " W; thence along said curve in a northwesterly direction, 44.77 feet; thence N 6610'41 " E, 150.00 feet to the beginning of a non -tangent curve concave to the southwest having a central angle of 22" 36' 57" and a radius of 578.34 feet from which a radial ( line bears S 6610'41 " W; thence along said curve in a southeasterly direction, 228.28 feet; thence S 01o12'23" E, 516.22 feet to the beginning of a curve concave to the northeast having a central angle of 8949'43" and a radius of 421.67 feet; thence along said curve in a southeasterly direction, 661.10 feet; thence N 8857'55" E, 661.17 feet to a point on the east line of a tract of land recorded in the land records of the County Recorder's Office in book 897 at page 770; thence S 0037'30" E, 50.00 feet to the point of beginning and containing 2.521 acres. n ARTICLE 5. 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 3 A.M. Spradling, III, Mayor 5� 50 60 CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 318 Agenda August 28, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Cape La Croix Trunk Sewer Project from Kingshighway to the San Dangaro/Golf Course Area Dear Mayor and Council Members: In 1992 the City issued bonds through the State SRF Loan Program for the Cape LaCroix Trunk Sewer from Kingshighway to the San Dangaro/Golf Course area and through the Corps project detention basin. At that time J. Ronald Fischer was appointed the designee for this project. On August 15 the City submitted a request for funding for this project in the amount of $808,320. On Friday, August 25, the City received a call from DNR indicating they would not process the request for funding because it was signed by Michael G. Miller. This project has been delayed due to property acquisition. Therefore, no request for funding has been made since Michael Miller was appointed as City Manager. DNR is now requesting a new resolution appointing Michael G. Miller as the designee under this loan program. Because of the significant amount of the reimbursement request, we have placed this on the special meeting agenda for consideration. This will aid DNR to comply with legal requirements and allow the City to receive the money quicker. It is recommended that the attached resolution be approved appointing Michael G. Miller as the designee under this loan program. Respectfully submitted, JohrLR,Richbourg G. Miller City Manager r) BILL N0. 2000-220 n RESOLUTION N0. A RESOLUTION AUTHORIZING FILING OF AN APPLICATION WITH THE ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES OF AMERICA, FOR A LOAN UNDER THE FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED, (33 U.S.C. 466, ET SEQ.) , AND THE MISSOURI DEPARTMENT OF NATURAL RESOURCES, STATE REVOLVING FUND PROGRAM FOR LOANS UNDER THE MISSOURI CLEAN WATER LAW, SECTION 644, RSMO. WHEREAS, under the terms of the Federal Water Pollution Control Act, as amended, (33 U.S.C. 466, et seq.) and the Missouri Clean Water Law, Section 644, Revised Statutes of Missouri, the United States of America and the State of Missouri have authorized the making of loans to authorized applicants to aid in the construction of specific public projects, NOW, THEREFORE, be it resolved by the City Council of the City of Cape Girardeau ARTICLE 1. That an application was previous filed on behalf of the City of Cape Girardeau with the State of Missouri for a loan to aid in the construction of the Cape LaCroix Trunk Sewer from Kingshighway to the San Dangaro/Golf Course area and through the Corps project detention basin; ARTICLE 2. That Michael G. Miller, City Manager, be and he is hereby authorized and directed to furnish such information as the Environmental Protection Agency and the Missouri Department of Natural Resources may reasonably request in connection with the application which is herein authorized, to sign all necessary documents on behalf of the applicant, to furnish such assurances to the Environmental Protection Agency and the Department of Natural Resources as may be required by law or regulation, and to receive payment on behalf of the applicant. PASSED AND ADOPTED THIS DAY OF , 20 ATTEST: Gayle L. Conrad, City Clerk A. M. Spradling, III, Mayor