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HomeMy WebLinkAboutCouncil.Agenda.09-25-2000.PacketCITY COUNCIL MEETING AGENDA fo� September 25, 2000 Cape Girardeau, Missouri w CITY OF CAPE GIRARDEAU, MISSOURI 401 Independence Street City Council Agenda Monday, September 25, 2000 7:30 p.m. Invocation - Rev. Clayton Smith, Centenary United Methodist Church Pledge of Allegiance Call to Order Roll Call Council Meeting Minutes - September 5, 2000, Regular Session Adoption of the Agenda Public Hearings 1. A public hearing to consider vacating the city's interest in the street right-of-way for the cul-de- sac at the end of Park Avenue and a 6' drainage easement running between the cul-de-sac and College Street. (Agenda Item No. 16, Bill No. 2000-238). Letter No. 341 Action Appearances 2. Appearances before the Council on items listed on the agenda 3. Appearances before the Council on items not listed on the agenda City Council 4. Communications to be presented by members of the City Council 5. Communications to be presented by the City Manager or City Staff Consent Ordinances 6. BILL NO. 2000-217, an Ordinance amending Chapter 30 of the Code of Ordinances by changing the zoning of 1000 Kingsway Dr., from R -I to C-2. Second and Third Readings. Letter No. 320 Action City Council Agenda Page 2 September 25, 2000 7. BILL NO. 2000-218, an Ordinance granting a special use permit to Sherman and Syvilla Swan, for purposes of constructing, maintaining and operating a group home day care at 1200 South Ranney Avenue. Second and Third Readings. (If the ordinance is not approved, a motion will need to be made to adopt Findings and Conclusions denying the application). Letter No. 321 Action 8. BILL NO. 2000-221, an Ordinance authorizing the Mayor to execute an easement, license and indemnity agreement with Albertson's, Inc. for construction and maintenance of certain improvements on city owned right-of-way for streets and public utilities and on a part of the Cape La Croix Creek/Walker Branch Flood Control Project right-of-way. Second and Third Readings. Letter No. 322 Action 9. BILL NO. 2000-222, an Ordinance amending Chapter 22 of the City Code relating to solid waste fees at the transfer station. Second and Third Readings. Letter No. 323 Action 10. BILL NO. 2000-223, an Ordinance enacting a new Section 5-16 of the City Code relating to liquor sales near residences. Second and Third Readings. Letter No. 324 Action 11. BILL NO. 2000-227, an Ordinance amending Schedule C of Section 26-121 of the City Code by repealing stop signs on Mt. Auburn Road at Bloomfield Road, and amending Schedule E of Section 26-283 by establishing a four-way stop at Bloomfield Road and Mt. Auburn Road. Second and Third Readings. Action 0 Letter No. 325 City Council Agenda Page 3 September 25, 2000 12. BILL NO. 2000-228, an Ordinance amending Schedule F of Section 26-247 of the City Code establishing no parking on Village Drive. Second and Third Readings. Action Letter No. 326 New Ordinances 13. BILL NO. 2000-235, an Ordinance approving the record plat of Winks -Nunn Subdivision. First Reading. Letter No. 338 Action 14. BILL NO. 2000-236, an Ordinance authorizing execution of an Airport Assistance Agreement between the State Highway and Transportation Commission of Missouri and the City of Cape Girardeau. First Reading. nLetter No. 339 Action 15. BILL NO. 2000-237, an Ordinance accepting a sewer, utility and storm drainage easement from DPS Real Estate, for a sewer line in Doctor's Park Second Subdivision. First Reading. Letter No. 340 Action 16. BILL NO. 2000-238, an Ordinance vacating the city's interest in street right-of-way and a drainage easement near Park Avenue and College Street. First Reading. Letter No. 341 Action 17. BILL NO. 2000-241, an Ordinance accepting easements from Stonebridge Subdivision Property Owners Association, Dana C. Branson, Alan Branson, and Judy C. Smith, Trustee, for sanitary sewers to serve Giboney Woods Third Subdivision. First Reading. Letter No. 354 Action City Council Agenda Page 4 September 25, 2000 nRocnlvtin" c 18. BILL NO. 2000-240, a Resolution authorizing the City Manager to execute a redevelopment agreement with Phillips Development Corporation and Cherry Wood Heights One Limited Partnership, for the Old St. Francis Hospital property. Reading and Passage. Letter No. 342 Action 19. BILL NO. 2000-234, a Resolution accepting a grant and authorizing the City Manager to execute a grant agreement with the Federal Aviation Administration for an airport layout plan update. Reading and Passage. Letter No. 343 Action 20. BILL NO. 2000-239, a Resolution authorizing the City Manager to execute a consulting agreement with EPIC Systems, Inc. for adding two wastewater pump station sites to the SCADA remote monitoring system. Reading and Passage. Action Letter No. 344 Appointments 21. Appointment to the Board of Appeals. Action Letter No. 345 Liquor License 22. Approval of a change in managing officer for Destock 12, Inc., d/b/a Broussard's, 120 N. Main, Michael Edward Vonhasseln, Managing Officer. 23. Approval of a temporary 5 % beer by the drink license for John C. Stotz, d/b/a Southeast Missouri Hospital Foundation for an event to be held November 15-17, 2000, at the Show Me Center. City Council Agenda Page 5 September 25, 2000 J 24. Approval of a temporary 5% beer by the drink license for St. Vincent DePaul School for an event to be held November 4, 2000, at the A. C. Brase Arena Building. Other 25. A motion accepting into the city's system the stone sewer relocation across Kidd Oil Co. located at 103 North Kingshighway. Letter No. 346 Action 26. A motion accepting into the city's system the effluent from a sanitary sewer line serving the Place Collegiate apartment complex located at the intersection of North Sprigg Street and Bertling Street. Letter No. 347 Action 27. A motion accepting the recommendation of the Planning and Zoning Commission to deny the application 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, or in the alternative, a motion setting a public hearing on the request. Letter No. 348 Action 28. Discussion and action regarding the request of the Knights of Columbus to solicit donations on city streets on October 6 and 7. Letter No. 349 Action 29. Discussion and action regarding the request of Alpha Phi Omega service organization to solicit donations on city streets. Letter No. 350 Action W W City Council Agenda Page 6 September 25, 2000 30. Motion to accept improvement plans for Crites 10' Subdivision. Letter No. 351 Action 31. Discussion regarding the motorcycle helmet law. Letter No. 352 Action 32. Discussion regarding the restriping of Mount Auburn Road from Independence Street to North Kingshighway. Letter No. 353 Action 33. Other business. 34. 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, September 25, 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. �11 n Eil PUBLIC HEARINGS �0 �il 61 CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 341 Agenda September 25, 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 City Right of Way and Drainage Easement A request has been made to the City to release any interest it may have in the street right of way for the cul de sac at the end of Park Avenue and a 6' drainage easement running between the cul-de-sac and College Street. This is an unimproved portion of Park Avenue which was originally platted as a cul-de-sac, but never improved. 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 street right-of-way or drainage 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 street right of way and drainage easement. MAL/MGM/dc Mark . Lester, P.E. City ngineer Michael G. Miller City Manager J m 0 z w w w Q Q JEFFERSON I TO BE 6� EASEMENT -► COLLEGE ST. ST. AVE. z O cnw z STA E HN A( Of Li O Z Q No. 74 n n Fal CONSENT ORDINANCES CITY OF CAPE GIRARDEAU, MISSOURI n- Office of the City Manager Council Letter No. 320 Agenda September 5, 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 1000 Kingsway Drive This agenda item calls for the holding of an advertised public hearing on 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. The Planning and Zoning Commission recommended approving this application at its meeting on August 9, 2000, by a vote of 7. in favor, and none in opposition, with I 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-1 to C-2. KBM/MGM/rlf Respectfully submitted, of Planning Services BILL NO. 2.000-217 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 1000 KINGSWAY DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO C-2 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-1 Single -Family Dwelling District to C-2, General Commercial District; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and public hearing was held on Tuesday, September 5, 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-1, Single -Family 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-1, Single -Family Dwelling District to C-2, General Commercial District, for the following described property: That part of Lot One (1) of Allen's Subdivision of Out Lots Seventy-six (76) and Seventy-seven (77), U.S.P. Survey Twenty-one Hundred Ninety-nine (2199), described as follows, to -wit: Begin at a stone at the Northwest corner of Out Lot 80, U.S.P. Survey 2199; thence North 80 18' East, perpendicular to the North line of said Out Lot 80 (being also the South line of said Out Lot 76), forty (40) feet for a beginning corner of the land herein conveyed; thence South 810 42' East parallel to the North line of said Out Lot 80, 115.3 feet for a corner, which corner is in a branch; thence North 70 20' West, with said branch, 115.0 feet; thence North 87° 44' West, 235.6 feet to the Southwest line of said Lot 1 of Allen's Subdivision in the center of the old Jackson Gravel Road; thence South 220 20' East with the Southwest line of said Lot 1 of Allen's Subdivision, 100.0 feet; thence South 810 42' East, 99.2 feet to the beginning corner. That part of Lot 1 of Allen's Subdivision of Outlots 76 t and 77 in U.S.P. Survey No. 2199, Township 31 North, �J Range 13 East of the Fifth Principal Meridian, described as follows: Begin on the South line of said Lot 1 at the Northwest corner of Outlot 80 of said Survey No. 2199; thence North 810 42' West along said South line of Lot 1, 75.51 feet to the Southwest corner of said Lot 1 in the center of Kingsway Drive; thence North 220 20' West along said Southwest line of Lot 1, 46.49 feet; thence South 810 42' East on a line 40.00 feet North of and parallel to said South line of Lot 1, a distance of 214.51 feet to a ;,� inch iron rod in the creek branch; thence South 70 20' East, 41.54 feet to an iron pipe of said South line of Lot 1; thence North 810 42' West, 126.50 feet to the place of beginning, in the City of Cape Girardeau, Cape Girardeau County, Missouri, containing 0.191 acre, being subject to that part thereof falling in Kingsway Drive. 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 ATTEST: Gayle L. Conrad, City Clerk A. M. Spradling, III, Mayor E 20 L n CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Rezoning Recommended Action: 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. Vote Count: Favor — 7 Oppose — 0 Abstain —1 Date Recommendation Made: August 9, 2000 List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens in attendance at meeting: Ivan Irvin — representing the applicants Se retary CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning W OR Special Use Permit ❑ File No. Q 76 Address of Property/000 H* Dre CITY PLANNER/DEVELOPMENT SERVICES COORDINATO 1. Is present use consistent with present zoning? ye- 2. Is plat sufficient? `(c.t 3. Will intended use conform to requested zoning? ye -5 4. Has intended use already commenced? A10 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: City ttoiney jv)-z.3�,;Zom Date ■ .......... ■ r". ................................ ■ ■ ............................. ■ 1 CITY MAX'AGER REFERRAL TO PLANNING AND ZONING COMMISSION: City Manager, Michael G. Miller PLANNING SERVICES STAFF: 7--31— c3 --D Date 1. Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date RcvLscd 4/21/1998 0 CENTURY 21 KEY TEL:573-334-1600 Jul 28,00 16:12 No.009 P.02 City of Cape Girardeau, Missouri Application For Rezoning - 0 OR Special Use Permit - El S � 'Cisc Oulu Date Received in Planning Services Office: 7-,2(2-60 By: SECTION A 1. Description of the project: We wish to convert a single family dwelling located next to our office building at 980 N. Kingshigliway to small office space. Request zoning change to C-2. 2. Street address of tract (or other location description): 1000 Kingsway Cape Girardeau, MO 63701 3. Naives and addresses of all legal owners of tract: Tom and Karen Mogelnicki Charles and Barbara Travers 3556 Pheasant Cove 725 Jackson Trail Cape Girardeau, MO 63701 Jackson, MO 63755 Property is held in title of Gold Key Investments, of which the 4 parties listed above are the sole partners. 4. Present zoning classification: R-1 5. Requested,new zoning classification: C--2 6. Requested special use: 7. Person handling this application (naive, address, phone number): Ivan L. Irvin 1712 Lakeshore Drive Cape Girardeau, MO 63701 (573) 334-2338 (home) 8. It- tract is to he (ransferiCd. name and address of intended o%,,,ncr: ..,, .,.-cv•, 7,2A Icon P. 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): q,e Date Name Date Tom Indgelfcki f/o Karen S. Mogelnicki ✓ �S ; v a Charles W. Travers d. 4 � , g_Q � ", Barbara A. Travers SECTION B 1. Legal description of tract: That part of Lot One (1) of Allen s Subdivision of Out Lots Seventy-six (76) and Seventy-seven (77), IJS.P. Survey Twenty -,one Hundred Ninety- nine (2199), described as follows, to -wit: Begin -at a stone at the Northwest corner of Out Lot -80, US.P. Survey 2199; thence North 8° 18' East, perpendicular to the North line of said Out Lot 80 (being also the -South line of said Out Lot76), forty (40) feet for a beginning corner of the land herein conveyed; thence South 81° 42' East parallel to the North line of said Qut Lot 80,115.3 feet for a comer, which -comer is in a branch, thence North 7'-= Nest, with said branch,115.0 feet; thence North 871 44' West, X35.6 feet to the Southwest line of said Lot 1 of Allen's- Subdivision in the center of the old Jackson Gravel.Road;-thence South 22° 20' East with the Southwest line of said Lot 1 of Allen s Subdivision, 1U0.0 feet; thence South -810 42''East, 99.2 feet to the beginning corner. That part of Lot 1 of Allen's Subdivision of Oudots 76 and 77 in U.S.P. Survey No 2199, Township 31 North, Range 13 East of the Fifth Principal Meridian, described as follows: Begin on the South line of said Lot 1 at the Narthwest corner of Outlot 80 of said Survey No. 2199; thence North 81° 42' West along said South line of Lot 1, 75.51 feet to the Southwest corner of said Lot 1 in the center of Kingsway Drive; thence North 22° 20' West along said Southwest line of Lot 1, 46.49 feet; thence South 81° 42' East on a line 40.00 feet North of and parallel to said South line of Lot 1, a distance of 214.51 feet to a % inch iron rod in the creek branch; thence South 7° 20' East, 41.54 feet to an iron pipe on said South line of Lot 1; thence North 81° 42' West, 126.50 feet to the place of beginnin& in the City of Cape Girardeau, Cape Girardeau County, Missouri) containing 0.191 acre, being subiect to that part thereof falling in Kingsway Drive. Page 3 r) 2. Attach to this application a scale plat of the tract, on an 81/2 by 11 inch sheet of paper, showing the following: a. All boundary dimensions. b. All adjoining streets and alleys. C. All present improvements. d. All intended improvements. e. All adjoining and cornering property lines and references to all owners listed in Section C. f. Zoning classification of all adjoining and cornering property. SECTION C 1. List names and addresses of ALL adjoining landowners. Include land which comers on tract or which is across streets or alleys. Eddie Erlbacher Properties, Charles and Joyce Blattner 601 Highland Cape Girardeau, MO 63755 Rhodes Realty Group, % Gene Rhodes (Long term lease interest) P.O. Box 557 Cape Girardeau, MO 63701 Laura K. Easley (Luttrell) 1010 Kingsway Cape Girardeau, MO 63701 Alfred H. and Mary C. Westrich 2575 Meadow Lane Cape Girardeau, MO 63701 Marie L. Hazel 2576 Meadow Lane Cape Girardeau, MO 63701 go 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. RRCTTON 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. Small office space 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. 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 0 n Page 5 SECTION F, State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. Rezoning to C-2 would make this property at 1000 Kingsway more compatible with neighborhood and adjacent properties. Busy intersection is not suitable for single family growth or use. Revised 11/30/98 wiz � �YJ yi •.%1.�� ,T �� /'• -mak s...y� � _-�tl P� � +++x. (r:�•". x" - GENERAL WARRANTY DEED vrRlMeAaM THIS IAIDENTiJRE, Made on -the -I' day mf February, A.D., One Thousand Nine Hundred and Ninety-Nine,.by-and between JAMES FAKER andMARY ALICE EAKER, 0008.7.2 lCo-Trustees of theJames Eaker Trust dated June 5, 1987, of the County of Cape Girardeau, in -the State of Missouri, Grantors, and of the County of Cape Girardeau, in the State -of MissoGrantee: (mailing address of -said first named grantee is "y' f A/q_.7; -'C� �✓ • [' z rT_ WITNESSETH, That the said Grantors, in consideration of the sum of *Ten Dollars ($10.00) and other valuable consideration, to thempaid by the said Grantee, the -receipt of which is hereby acknowledged, -do by these presents, Grant, Bargain and Sell, Convey and Confirm, unto the said Grantee, its successors and.assigns, the following described Lots, Tracts or Parcels ofl.and, lying, being and situate in the County of Cape Girardeau- and -State of Missouri, to -wit. That part of Lot One (1) of Allen's -Subdivision of Out Lots Seventy-six (76) and Seventy-seven (77), IJ.S.P. Survey Twenty -:one Hundred Ninety- nine (2199), described as follows, to -wit: Begin -at a stone at the Northwest corner of Out Lot -80, USX. -Survey 2199; thence North 8° 18' East, perpendicular to the North line of said Out Lot 80 (being also the South line of said Out Lot76), forty (40) feet for abeginr i corner of the land herein conveyed; thence South 81° 42' � East parallel to the North line of said Out Lot 80,115.3 feet for a comer, which -corner is in a branch, thence -North 7OW West, with -said branch,115.0 feet; thence North 87° 44' West, 235.6 feet to the Southwest line of said Lot 1 of Allen's Subdivision in the center of the old Jackson Gravel. Road; -thence South 22° 20' East with the 'Southwest line of said Lot 1 of Allen s Subdivision, M0.0 feet; thence 'South'S10 42'Fast, 99.2 feet to the beginning corner. TO i-1AVE AND TO -HOLD the premises aforesaid, with all and singular the rights, privileges, appurtenances and immunities thereto -belonging or in anywise appertaining unto the said Grantee, and unto its successors and assigns, FOREVER, the said JAMES EAKER and MARY ALICE EAK134 Co -Trustees of the James T.*er Trust dated June 75, 1987, hereby covenanting that they are lawfully seized of an ri indefeasible Estate infee in the.premises herein conveyed; that theyfiavegwd rightto convey �the-sate;,that-the said premises are free -and clear of :any encumbrance done or suffered by them -or those under whom they claim, fXCEPTING however taxes and assessments, general .and =special, not now due and Tayable; zoning, occupancy and building .ordinances, if ..any; Easements and -restrictions of record; environmental protection laws and regulations; rights -of -the-public -in and to parts thereof in streets, roads or alleys; and matters -which might be disclosed3by survey, and that they will WARRANT AND DEFEND the title to the said .premises unto the said Grantee, and unto its successors and assigns, FOREVER, against the lawful claims and demands ofall persons whomsoever. IN' WITNESS WHEREOF, the said Grantors -have hereunto set their -hands the day and year first above written. TIMES MARY KE1• Trustee 'STATE OF MISSOURI ) County of Cape Girardeau ) On -this 1'day xof -February, 1999, before me personally appeared JAMES EAKER :and MARY AZICE EAKER, Trustees, known -to me to be the personswhoexecuted the within general warranty deed and acknowrledged to me that -they executed -the same. as their free act -and .deedas such Trustees. IN TESTIMON fC WHEREOF, I have hereunto met my hand and Mixed my official seaTat my office -the dayand year first above written. �••• Notary Public .. =- �? :�,i,q•r S� •'`• ZAtnJA A. Notary FuUic NvIary Seal • ' �Iviy oossion expires: %il� OoD State cf 1ASS%ri v : F Cape Mau�au co,nty mac' ....... F ... My Comaxs:;& Ertirsz; 1 i": 24.1-000 0 n Filedor Record JAN14 2000 W C!Y w Mm FV r) (I 88AMPAWN o 'STATE OF MISSOURI j ss ��D:County of Cape Girardeau, j C� I hereby certify ; that . this instrument was FILED fOR'RECQRD- at the . to and timeshgw n aadq�or' in Book. jj''�� . JANET ROBERT r� Recorder of Deeds QUIT CLAIM DEED 10061042PAcf001 � THIS INDENTURE, Made on the 1" day of February, A.D, One Thousand Nine Hundred Ninety -Nine, by and between JAMES EAKER and MARY ALICE EAKER, Individually and as 000871 Co -Trustees of the James Eaker Trust dated June 5, 1987, of the County of Cape Girardeau and State of Missouri, Grantors, and GOLDKEY INVESTMENTS, of the County of Cape Girardeau, in the State of Missouri, Grantee (Mailing address of said first named grantee is 9 o Al- k' H s� �•' o .' i ° r `�` ° ", WITNESSETH, That the said Grantors in consideration of the sum of TEN DOLLARS and other valuable consideration, to them paid by the said Grantee, the receipt of which is hereby acknowledged, do by these presents, Remise, Release, and forever Quit -Claim, unto said Grantee, the following described Lots, Tracts, or Parcels of land, lying, being and situate in the County of Cape Girardeau and State of Missouri, to -wit; That part of Lot 1 of Allen's Subdivision of Outlots 76 and 77 in U.S.P. Survey No 2199, Township 31 North, Range 13 East of the Fifth Principal Meridian, described as follows: Begin on the South line of said Lot 1 at the Northwest corner of Outlot 80 of said Survey No. 2199; thence North 81° 42' West along said South line of Lot 1, 75.51 feet to the Southwest corner of said Lot 1 in the center of Kingsway Drive; thence North 22° 20' West along said Southwest line of Lot 1, 46.49 feet; thence South 81° 42' East on a line 40.00 feet North of and parallel to said South line of Lot 1, a distance of 214.51 feet to a % inch iron rod in the creek branch; thence South 70 20' East, 41.54 feet to an iron pipe on said South line of Lot 1; thence North 810 42' West, 126.50 feet to the place of beginning, in the City of Cape Girardeau, Cape Girardeau County, Missouri, containing 0.191 acre, being subject to that part thereof falling in Kingsway Drive. TO HAVE AND TO HOLD the same, with all the rights, immunities, privileges and appurtenances thereto belonging, unto the said Grantee and its successors and assigns, FOREVER, so that neither the said Grantors nor their heirs, or any other person or persons for them or in their name or behalf, shall or will hereafter claim or demand any right or title to the aforesaid premises or any part thereof, but they and every one of V them, -shall, by these.presents, be excluded and forever barred. ioP4% PAa IN WITNESS V4MREOF, the said Grantors -have hereunto set their hands the day and year fiat above written. m i rpm- A- F1 1� EAKER . ALCE EAKER THE JAMES EAI!rr JUNE 5,1987 JAMeES:::I�AKE-F, Trustee MARY Ai.TrF -FAKER, Trustee -"TATE OF MISSOURI ) ss. County of Cape Girardeau ) On -this' 1" day of -February, 5999, before me -personally appeared JAMES FAKER and MARY ALICE EAKM his wife, known to me to be the persons who -executed the foregoing instrumentand acknowledged to me that they executed the same as their free art and deed. 1N TESTIMONY WHEREOF, I have hereunto met my hand and affixed my pfficial seal the day and year first above written. Notary Public 47Y "r U'� •Myx0-ission expires: N-Dq 2A -2-O UD %.:......... SS CF t.1� DANNA A. DECKER Notary puttiic - Notary Seat Stale of h!i m* - Cape Girardeau C� y My CommissionFxpires Wov. 24, 20,30 MATE of NBSOURI ) County of Cape Girardeau) BoflhYa Onthis r day :of FRbruary,1999, before me personally appeared JAMES FAM and MARY ALICE EAI ER, Trustees, known to me to be -the persons who executed the withingeneral warranty deed and acknowledged to me that .they -executed #he�ame as their free act and deed -as such -Trustees. IN 'TESTIMONY -WI-IEREOF, I have hereunto yet -my hand and affixed my official -seal -at my office the,day and year first:above written. ��i � Notary Public My.coirm ssionexpires: �F is XS -Rel WRecord JAN 2 4 20 IU.00UnW FN � �-O/&Uyod ng 24 -2-060Ftr,ape NA A. (}=CKER ublic • Nater Seat te of l,�isa:+; Girardeau Go- Aon Expires Pkv. 24.2000 STATE OF MISSOURI 13S County of Cape Girardeau, S I hereby -rertiry that" Ahis..;instrumont was TILED - •FO$D;t date -and time fi d' in ......... ROBERT Rei�nrder 9f Deeds r u.3� 3-9 :10 to sT��i 8 31 I 1 IAO � �1 �' t \2 12Aq r34: svao1v161oIv t rrvofx ' AS% IAC CAWACLO AM ps -s K -tr c"fttsrawv rrrdrrs I/ .,t M . MAmw w,M a Ar sr &ctwr M.M AY - I. AVAI r *ARO .00 -4 PIE -10 ArA/Mry,AM44 =MMOW/AL AM ♦s -At Ps - ) A t "M !CARS Is. l PC -is nxASAYr Acws *00wr " STA ,•s-4 K- ! w00Kr VISU Al" os -. K - ,C srA"IF Illf31ls OB -s -s-! PI -7 Ai =s rucx XIS os . 1 IC - ft IVRsr &a.Avr At AC! 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ARYONY ST. sr � I � WHITENER " PROFESSIONAL fX BROADWAY OR CT, A ST ST, MEws SHERRL pR. Y.' YTRA i• &' 'LCRROI �INEp e' Q � MER . G)a Wff� [L C•WE� KRW= sT. WILLIAM dA' � sr. E OORfYMNLLE Y r^MFR F, T ro urn N r•. �• .. _ I CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 321 Agenda September 5, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri RE: Request for a Special Use Permit for a Group Home Day Care Dear Mayor and Council Members: This agenda item calls for the holding of an advertised public hearing on the request of Sherman and Syvilla Swan for a Special Use Permit for a group home day care at 1200 South Ranney Avenue. The property is currently zoned R-2. Certified copies of the following items are herewith presented as evidence in this public hearing for your consideration: 1. Section 30-39 "Special Use Regulations" from the City Code. 2. The Application for Special Use Permit. 3. The Application File. These items are attached to this letter and are included in your agenda packet. The Planning and Zoning Commission recommended approving this application at its meeting on August 9, 2000, by a vote of 8 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 authorizing this Special Use Permit. submitted, M. Bratton for of Planning Services Michael G. Miller City Manager KMB/MGM/rlf Im n f 70-39 Sea 5039. Speoial use regulations. (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 in this section in any districts as herein qualified from which the uses sm 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 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. c. 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 amply 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. CAPE GIRARDEAU CODE C 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 arca except as approved by the city council. e. 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 or re- 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 —red 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 regula- tions. (23) Buildings in excess of the height and story requirements set forth in section 30-36 for "R-4" and 'G2" districts, 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 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. (25citizen 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- ted 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 u senior citizen housing, and also having there- upon the ordinance number establish- ing the structure as senior citizen hous- ing. (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" districts, including salvage, processing and storage of paper and paper products; alu- m 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 any 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) boors 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 arc manufactured or sold on the premises when such recycling is done in support of the principal operation of that busi- rim. b. No special use permit will be required under the provisions of this section for recycling activity conducted by non- profit organizations for periods not ex- uoding thirty (30) day. in any calen- dar 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 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 "11-1; 'R-2," or "11-3" 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) (Reserued.) (9) Institution, college, or hospital provided that any hospital or institution permitted Sun, \'„ Il 1130-39 in any 'R" district shall be located on a site of not less than five (5) acres, shall not occupy more than forty (40) percent of the total lot area, and shall be set back from all yard lines at least two (2) feet for each foot of building height. (lo) Mario& 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 "R4' district. (13) Privately operated community building or resection 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 -I Districts) and 30-33 (M-1 M- tricts). (18) 1Yavel trailer camp, in the "C-2; "C3" and "M' districts. No travel trailer may be used for any residential purpose either tran- siently or permanently unless located in a trailer camp or 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 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 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- s 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 loser 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 zone. (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. tape. Ma. 12 1966 1—, — 17 1967 ®' Accessory uses associated with a i excursion gambling boat or floating; facility shall include the following 1. Boat support facilities. 2. Docking 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 attached to a building or other structure, a boat or floating facility, or otherwise placed on the prem ises constituting an excursion gambling boat or floating facil- ity site. Off-street parking. Off-street park- ing and loading facilities shall bo provided as, specified in section 30-39 of this chapter, except that the re quirement for off-street Parking for an excursion gambling boat or float- ing facility and its accessory uses shall be one and one-half (14r) spaces for every two (2) passengers, based on maximum occuP&ncY, Plus ono (1 space per employee on the maximum shift. In addition, full-size bus park- ing spaces shall be provided as re qui -d by the planner and zoninf commission and city council. Site development plan. In epPlYinf for a special use permit under ft, section, the developer(s) shall sub mit a formal site plan for review which includes, but is not necessar ily limited to the following: 1. Maps and other graphics inch eating the boundaries of th, development and all properties to be included. indicating whether such properties an owned, leased, optioned. or pro Prised for such. I " CAPE GIRARDEAU CODE 2 no locations and general sizes OUR Wildings, structures, park ing lots am other facilities mm prising the development, indud. ing data cm aim, facilities, and Occupancy limit. ofthe planned -irsiongarnblirtigboatorfloat- ing facility, and accessory uses. 3� Evidence that the development contains sufficient land to pro ,ide for any necessary or pro posed land -side development and support facilities, includ ing parking, and the develop- ment includes sufficient rive, 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, expected ac- ress routeii,traffiw volumes. peak hours ofoperation, needed road or� street improvernents and traf- fie controls necessary to accom- modate the proposed uses and traffic volumes, and plans for ei-site security and disaster re sponse. e, All buildings and permanently .moored structures shall -comply with applicable standards of the city's building codes- Further, no oceu- 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 stmctums proposed as a part of the development. The city council may, however, at its disc- ti- approve a temporary cec.p.rcy permit for any accessory use for a period oforie (1) year ifthe required land-based structures are not com plct.d (33) Mini-warchouse or self -storage units in 'C- I" or 'C-2' district.. (341 Parking garages: For enclosed or semi enclosed parking garages only, parking .M. M., 17 130-39 space dimensions less than the minimum aim required in this ordinance may be approved under a special use permit. A buildingiparking plan and documentary justir"tion for a requested variation from the mindmum standards must be submit- ted with my 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 tern porary offies purposes only during con- .tructi.. or remodeling of a main build- ing in W-1" Light Industrial Diatrics� Any speisj use permit. if approved, will become eff-tive only upon the issuance of a building permit for a main building. Al I such temporary office imits shall be re- moved upon occupancy of the completed construction or completion or abandon- ment of the construction work, whiche- - - - first. (37) Double -wide manufactured homes bile homes) in 'R -I," "R-2,* �11-3." or"R-4" districts, with the following provisions: The manufactured home shall be in compliance with Federal Manufac Lured Home construction and Safety Standards, adopted Juste 15, 1976. - amended, and Missouri Public Service Commission rules: The tutit when complete shall have �um width ofnot less than tw­ ty-four (24) foundation feet a. me.- sured at all points perpendicular to the length ofthe manufactured home. which shall not be less than for-ty two (42) foundation feet, This at--- dard is intended to restrict unit, to the type which are brought to the site in parts, typically two (2) lial-s and at least one thousand eight (I,Oo8) square feet minimum All whecl...pnings. idc, hghts� and towing apparatus shall be rem -cd 1968 CAPF CIMRDEAU COVE 6.1 Or for misideriti.1 in combination with ping ce,itcr uses as set forth in Section 30 3 1. 11,e development plan hall be micin-d I. the plan ning and zoning commission for study and report Approval shall I* conditioned upon specific find ings that the proposed community unit plan mects the foll-mg conditions: (I) nat the proposed development of any �C.4* planned commercial district in- cluded as a part of the plan complics with the regulations for those districts as Set forth in Section 30-31. (2) Iiiat 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-farrily dwellings, or multi- ple dwellings and the usual amessorY 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 OC4* district of by streets. win not be less than the tot area per family required in the district in which the development is located. (4) nat the arras is adaptable to complete comemmity development, being bounded by major thorouighfainim, streets, rail- roads, or other external barriers, and in- sofar� as; possible without a major thorr- oughfare extending through the project, ",riyoll,irphysical feature which would tend to impair the neighborhood or com- munity cohesivenesiI. (6) lUt no - than twenty-fi- (25) per- cent of the gross am of the project be devoted to a V4� district and that no mam th" MV (50) percent of the gross sma of the project located in . single- familly district be devoted to multiple - family divellings. (61 7%st sufricient, am is reserved for mere - &Using and educational facilities to meet the needs ofthe anticipated population, or as designated In the comprehensive plan. 47) Tliat property adjacent to the -1ca in eluded in the plan will not be adversch affected and to this end, the city council may require. in the absence ofany appm priate physical barrier, that uses or least intensity or a buffer of open space of wrimaing be arranged along the borders of the project. (8) lbattheplan is consistent with the intent and purposes of this chapter to promote public health, Safety. morals, and general welfare. (f) Ifthe city council approve,; 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 am& 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 locaw. (g) An application for a special use permit under this section may be made and processed contemporaneously with a proposed amendment of the district in which such site lieS ph) A special use permit shall mitora-th'lly expire upon the failure to develop the use Of the land for which the special use permit has been issued if the um 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 peisd Lim permit has been issued is discon- Unued for a period ofoce (1) Year. then the special use permit shall automatically expire. (Code 1967. J 30-38; Ord. No. 660. 6 2, 2-1-89; Ord. No. 754, 1 1. 9 -18 -sq; Ord. No. 793, Art 1. 12-18-89; Ord. No. g45, arts. 4, 5, 4-16-90; Ord No. 962, art. 3. 1-16-91; Ord. NO. 1085. art 1. 9.16-91; Ord. No. 1237, art. 3. 9-21-92; Ord. No - 1459, art. 2. 12-20-93; Ond. NO. 1529. arts. 2. 3. 5.16-94; Ord. No. 1551, arts. 5. 6. 6-20-94; Ord. No. 1730, ad. 2,6-19-95; Ord. No. 1779. a,-. 5. 6. 9.18-95; Ord. No. 1904. art. 1, 2-20-96; Ord. NO 2060, art. 1. 11-18-96; Ord. No. 2198. ru. 7. S. 7-21�97; Ord. No. 2252, art. 2,10-20-97; Ord. NO 2259. WL 1, 10-20-97; Old. NO. 2487. art. 2. 2.16-M fii,iiiii,ii, 04 so 1970 ZONING dMe unit must be permanently in- stalled an & properly designed, en- closed foundation system in lRecer- dance with the BOCA National Buitifing Code. orientation of the manufactured housing unit on the lot "I carform to the "me orientation as the ma- jority of conventionally built struc- Lures in the immediate area (within three hundred (300) leet). Examplc� Front door to front lot line. rear door to mar lot line. r. Rwfmu5t be a gable or hip roufofat 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 "eluding cor- rugated aluminum. ecrinigated fiber- glass, or metal rails; except for per- mitted deck amas, 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 ofcrawl space under the entire man- ufactured home shall be maintained. Permanent steps shall be set at all external exits with appropriate hand- rails and/or guard rails, k I'lie unit shall be Served by a water supply and Sewage disposal system in accordancewith the International PlumbingCode.as currently adopted by the city. S- N. �O 1969 130,39 1. 7`he unit shall be served by an else- trical service in accordance with the National Electrical Codo as cur- rently adopted by the m. Any such 81 all =ilk. trid IM subdivision ordinarioes a y other pertinent ordinance in effect at the time of installation w constiruction, 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, C-3, M-1. M-2. and A-1 Zones, and, if approved, arst subject to the following additional conditions: a. One (1) parking space for every four (4) residents, including staff resi- dents. b. Me proposed facility shall provide appropriate and reasonable security c_ 71be facility shall haw no exterio 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 hiandred (500) feet Of another such facility, public, private or parochial School, group home for adults or juveniles. nursing, rest or con-leseenth.cae (center), children's nursery w boarding home. day care center. residential zone. existing ms- identiall usse or facility for the me. - tally or� ph;�ically handicapped. the city council may require such addi- tional conditions on the special use permit as it feils; are necessary to minimize the effect of the Proposed use on the surrounding Properties. r. 7be applicant shall demonstrate that there shall be no negative impact on property within five hundred (500) feet of the proposed facility - (39) Microbrewery or pub brewery in a T-2", �C-3% or "M-1 district (e) Community unit plan. 'Me owner of any tract of land may request a special use permit for the use and development of Such tract for reside. M W (IF DENIED) CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of — r , the Cape Girardeau City Council considered the application for Special Use Permit dated 7.11719nnn filed by Sherman swan and Syvilla Swan for the property located at 1700 South Ranney Avenue in Capt= Gjrardp-nu, Mingouri for the purpose of consf-ruct-inQ, maintaining and operat-incl a group homc-- day narp-- 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 r) BILL NO. 2000-218 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SHERMAN SWAN AND SYVILLA SWAN, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A GROUP HOME DAY CARE AT 1200 SOUTH RANNEY AVENUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Sherman Swan and Syvilla Swan are the owners of certain property in the City of Cape Girardeau, on which they desire to construct, maintain and operate a group home day care; and WHEREAS, the proposed location of said group home day care is 1200 South Ranney Avenue, which property is presently zoned R-2, Single -Family Dwelling District; and WHEREAS, a Special Use Permit is required for said use in an R-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 a group home day care, on the following described property: The North h of Lots 1, 2 and 3, Block 5, of the Giboney Houck 6th Subdivision to the City of Cape Girardeau, as per plat of record in the Recorder's Office at Jackson, Missouri. is hereby granted to Sherman Swan and Syvilla Swan, 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-- �j r) n SPECIAL USE PERMIT Sherman Swan and Syvilla Swan, 1200 South Ranney Avenue, Cape Girardeau, MO 63703, are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a group home day care, on the following described property for an indefinite period of time: The North h of Lots 1, 2 and 3, Block 5, of the Giboney Houck 6th Subdivision to the City of Cape Girardeau, as per plat of record in the Recorder's Office at Jackson, 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. EXHIBIT A IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of A, 20-. Michael G. Miller City Manager ATTEST: Gayle L. Conrad City Clerk STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU on this day of r 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 W 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 7117/2000 filed by Sherman swan and Symilla Swan for the property located at 1900 Smith Rannc-y Avenue in Capp Girnrfit-all., Miq-qnllri for the purpose of non-st-ructincl., maintaining and operatincl a Qroup homc- day narp, In examining this application, the following factors were considered and found as noted: Yes No N/A City Council Findinas: 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 f ile 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 n CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Special Use Permit Recommended Action: 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. Vote Count: Favor — 8 Oppose — 0 Abstain — 0 Date Recommendation Made: August 9, 2000 W List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens in attendance at meeting: Syvilla Swan — applicant r) gecretary V CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning 0 OR Special Use Permit 0 File No. -?7,2 Address of Property Ranney Avenue CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? ye-� 2. Is plat sufficient? 3. Will intended use conform to requested zoning? 4. Has intended use already commenced? JJ -t- t'5 MA� 60-"OLY- V 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: — �)' lxfe� City A4,orney-,-4 man. 1-1 Z CITY MAN jrl- / Z (� P 'Z ZV Date �ER REFERRAL TO PLANNING AND ZONING COMMISSION: 9 MiNnet-G. Miller 1.,,2, K' 6�D- Date ............................................................... 26-056528 .... PLANNING SERVICES STAFF: I . Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date RcvLqcd 4121/1998 �J City of Cape Girardeau, Missouri r) Application For Rezoning -E] OR Special Use Permit - V Date Received in Planning Services Office: - 7 - / 7 -0 ()— By: I QVPTYnNJ A 1. Description of the project: &4(""vi X�'W-11- 2. Street address of tract (or other location description): 3. Names and addresses of all legal owners of tract: S?ee��,6w 9/ 2AW-"Cl 4. Present zoning classification: �� 5. Requested new zoning classification: 6. Requested special use: (94v1,'4 4�e- 7. Person handling this application (name, address, phone number): 8. If tract is to be transferred, name and address of intended owner: W Page 2 9. 1 STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN �Ij THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): Name Date Name Date , Yj �e �,, 4 �— Y, n /� � � �,- I�V-, � � O� W.C-TTON H Legal description of tract: ::CT --------- TITLE Y C la desc-ri"Jed I— D c 2 C a j.- si ta 1� o t: - X. .Jboney The North 1/4 Olt- Lots -1 , 2 a --.-id 31 -3,1ock 5, of -J, . e "ity of Ca.,De GJ:�­-% liouck 3t';-'. c o r cl e r record -,L-1 -,�._-c, ;­ ig Page 3 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. references to all owners listed in e. All adjoining and cornering property lines and Section C. f. Zoning classification of all adjoining and cornering property. RRCTION C List names and addresses of ALL adjoining landowners. Include land which comers on tract or which is across streets or alleys. U naq s, JIM J J'5 f'lOyhO(j5P, 1200 Ranney Cape Girardeau, MO 63701 (573) 335-7473 6'r '3 a- �7 0-2a- J15 fll(jyflOU5e 1200 Ranney Cape Girardeau, MO 63701 (573) 335-7473 aw za 62yt& �� "�� aide, 5 & J'5 Ployhou5p, 1200 Ranney Cape Girardeau, MO 63701 (573 335-7473 Ylll-� n' a Page 4 2. With this application, the application must deliver to the Planning Services Division a stamped, plain business envelope addressed to each of the individuals listed in Section C, No. 1, of this application. SECTION D 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. wwe 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. 112 2 3. Is yaltrYfer�eof owner'ship of the tract dependent upon the approval of thi V69e' 4. Has the re 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. 0 W W -Page 5 C? SECTION E State the reasons why you believe the requested rezoning or requested special use pen -nit will be beneficial to the neighborhood and the City. Revised 11130/98 J'5 Ployf'OU 5 P. 1200 Ranney Cape Girardeau, MO 63701 (573) 335-7473 9z"Al f L '00001�� 100"? 01-1 016 Z/ Vie" Ifiv 14 ri �l liql Poll ON, COUTRI EDEN DR, A q 000 OLD OR DR Ok WAY Of SHERWOOD FOREST K \4t� M ON : BROOK "MOMAL DR. 47 V, DR Oft 8,L DR. J, -'6 1AAS UN CLUB Z4 UWY m LAN& �s Ea ST, OF SERn", E; E Cy. S CT 01— ST X st GREEN— UAR'f 11VAN Dk RY LN, 0. lORQA ST RNIAL DR IIIERCR[Sy ANN" 6 LN 4L (R.A LA -ANCA S T WA YN IT S ORD STODDARD St. :5 CT. ST. ST so. DR L0.eARO0 DR RECARDO M S1. Tl T7 ST �to OR AUDREY SCOTT ST OTT ST, WADOW OR SHOW ME CE �A LN CT -cDONALD ST ISS, " CENTER ST, ok IT -ADkD NEW 'Al ST. S T.. GREEK 0 PROSCOT AMETTim LN. KETTERER DR. & ST. .0001LAND SEMO ou ST 19e FIRST ANNA " 2 1 DR UNIVERSITY MTTER .1 OSE HILUL ST CAMPUS DR. WOODLAWN I 'Ap DR ST A "s OR CHERRY HILL ROCKWO 'EAR OR. DR. "ftL WALKER CA NORMAAq sl[� la A W WA ST. BESSE THILE S COLLEGE LNS OR ST ST. kz� SSTE AVY IsT .'Rx DR. ST. PL NORTH 4 LUCE ST. LUCE ST. SELE.EvW ST. 4tWIS WTENER BROAD.,, '-wS ST' H 01- St. ST. Q/ s' I ST. T. Roos NERRINETH 01 -- ST. MEWbWETH,,R IN N MEMY&THER Q ST. 5 ST. ST. J WILLIAM MERMWEINER St. A, A, !J 4L GOOD HOPE ST. S4 WILLIAM (0) ST. 0000 HOPE HENRY T ST. ST. AN : ST. MORGAN OAK ST. TD, GF AVE. ILLINOIS ROUTE >1 )l Ry ST. COLLEGE a wo 74 146 Sr ST. "o pROPOSED —111y, — .D f PEAJI TR MT WALNUT W ELA; SHAWNEE PARK Sr SPORTS OCUST DRY ST. COMPL 5 T.. FORT LINDEN ST. RUST St 4 RUSMAR ST ACKSERRY ST. Subject AR A( WNE Property BEECH IA CRUZ ST. TE ST, Pow E L t N COOPER ST [i] CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 322 Agenda September 5, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT, LICENSE AND INDEMNITY AGREEMENT WITH ALBERTSON'S, INC., FOR CONSTRUCTION AND MAINTENANCE OF CERTAIN IMPROVEMENTS ON CITY OWNED RIGHT-OF-WAY FOR STREETS AND PUBLIC UTILITIES AND ON A PART OF THE CAPE LA CROIX CREEKMALKER BRANCH FLOOD CONTROL PROJECT RIGHT-OF-WAY At the July 3' meeting, the City Council approved a resolution authorizing the City Manager to enter into a License and Indemnity Agreement with Albertson's Inc. for the subject project. Subsequent to that action, Albertson's Inc. determined that the cost to construct and maintain a bridge structure over the Walker Branch channel improvement is a rather substantial investment for which additional protection of such investment would be needed. The previously prepared License and Indemnity Agreement has been modified by legal counsel for Albertson's, Inc., to include easement language satisfactory to their cause and the document has been reviewed and approved as to form by our City Attorney. Because this is now an easement, authorization by the City Council must be by ordinance rather than by resolution. Again, all improvements will be a part of the project site development. Ownership and all maintenance responsibilities will be that of Albertson's, Inc. The attached Easement, License and Indemnity Agreement is presented for consideration by the City Council. Terms and conditions set out therein provide certain guarantees that staff feels are required to protect the City's infrastructure in the areas of the proposed improvements, and further protects the interests of Albertson's, Inc. Staff recommends that the Council approve the ordinance, as presented, authorizing the Mayor to execute the Easement, License and Indemnity Agreement. s bmitted u a� Kent W. Bratton Michael G. IV[ City Manager n BILL NO. 2000-221 n ORDINANCE NO. A ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT, LICENSE AND INDEMNITY AGREEMENT WITH ALBERTSON'S, INC., FOR CONSTRUCTION AND MAINTENANCE OF CERTAIN IMPROVEMENTS ON CITY OWNED RIGHT-OF-WAY FOR STREETS AND PUBLIC UTILITIES AND ON A PART OF THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT RIGHT- OF-WAY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The Mayor, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Easement, License and Indemnity Agreement with Albertson's, Inc. for construction and maintenance of certain improvements on City street and public utility right-of-way and on a part of the Cape La Croix Creek/Walker Branch Flood Control Project right-of-way. A copy of said Easement, License and Indemnity Agreement is attached hereto and made a part hereof. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF SEPTEMBER, 2000. ATTEST: Gayle L. Conrad City Clerk A. M. Spradling, III Mayor �J nis instrument prepared by/ After recording return to: Albertson's, Inc. c/o Bogin, Munns & Munns Post Office Box 2807 Orlando, Florida 32802 Attn.: Biff Godfrey, Esq. Albertson's Store # 4740 Cape Girardeau, MO EASEMENT, LICENSE AND INDEMNITY AGREEMENT in consideration of the City Council of the City of Cape Girardeau, Missouri, granting to Albertson's, Inc., an easement and license to construct and maintain a bridge structure designed to be used for motor vehicle traffic over and across the Walker Branch channel improvements which bridge shall provide a direct connection from the Albertson's, Inc. development site to State Highway 61 (N. Kingshighway) and, certain stormwater management features that either collect stormwater runoff from or discharge stormwater onto, City owned right-of-way for public streets and utilities and on a portion of the Cape La Croix Creek/Walker Branch Flood Control Project right-of-way and, for maintenance of the vegetated grounds of the Walker Branch right-of-way as a landscaped area between Albertson's, Inc. improvements and the channel improvements, located in the City and County of Cape Girardeau, State of Missouri. THE PARTIES MUTUALLY AGREE AS FOLLOWS I . Albertson's, Inc. is the owner of a certain tract of real estate ("Albertson's Tract") located in the City and County of Cape Girardeau, State of Missouri, bounded by Independence Street on the south, Spring Street on the east, Thernis Street on the north and the Walker Branch channel improvements on the west, said tract being locally designated as 2126 Independence Street and being more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein. 2. The City of Cape Girardeau, Missouri, is the owner of certain real estate ("City Tract") being a part of the Flood Control Project right-of-way located in the City and County of Cape Girardeau, State of Missouri, that is in part, bounded by Independence Street on the south, the Albertson's Tract on the east, Thernis Street on the north and State Highway 61 (N. Kingshighway) on the west. 3. The City of Cape Girardeau, Missouri, hereby grants to Albertson's, Inc a perpetual nonexclusive easement for ingress and egress by motor vehicle and pedestrian traffic upon, over and across that portion of the City Tract more particularly described in Exhibit "B" attached hereto and by this reference incorporated herein ("Easement Tract"), to provide direct access to and from the Albertson's Tract to and from State Highway 61 (N. Kingshighway). Th \\BMM\SyS\DAT%ALa\WoRD\C0ASTAL WAY LCVLBERTSON-S, [NCMSSoUR1"E GIRAILDEALAUCENSE AGREEMENT02DOC 07/06/00 5:53 PM I easement granted herein shall burden the Easement Tract and shall be appurtenant to and for the benefit of the Albertson's Tract and each part thereof, and shall run with the land. 4. For the purposes of utilizing the easement above granted, the City of Cape Girardeau, Missouri, hereby grants to Albertson's, Inc., a license to construct and maintain the described improvements, in accordance with City ordinances and as approved by the City Engineer, subject to the prior and superior right of the City to excavate, construct, maintain, operate and repair flood control channel improvements and other public utilities, and further subject to the City's power of eminent domain, to -wit: A. Construct and maintain a bridge structure designed to be used for motor vehicle and pedestrian traffic over and across the Walker Branch channel improvements, which bridge shall provide direct access to and from the Albertson's Tract to and from State Highway 61 (N. Kingshighway). B. Construct and maintain storrnwater management features that either collect stormwater runoff from or discharge stormwater onto, City owned right-of-way for public streets and utilities and on a portion of the Cape La Croix Creek/Walker Branch Flood Control Project right-of-way. C. Maintain the vegetated grounds of the Walker Branch right-of-way as a landscaped area between the Albertson's, Inc. improvements and the channel improvements. 4. Albertson's, Inc. shall employ a Missouri Licensed Land Surveyor to reestablish the Walker Branch right-of-way survey points, also and being the same as, west property line points of the Albertson's Tract, with survey monuments of either brass or aluminum measuring not less than three inches in diameter set at finished grade level, except that any monument located within the paved surface area, must be set and maintained, visibly on the surface. 5. The parties hereto, their successors, heirs and assigns all agree as follows: A. Albertson's, hic. does hereby release the City of Cape Girardeau, its officers, employees, agents, servants and assigns from any liability which might occur from Albertson's, Inc.'s construction, maintenance and use of said improvements on the Easement Tract, unless caused by the willful or negligent act or omission of the City of Cape Girardeau, its officers, employees, agents, servants and assigns. B. Albertson's, Inc, shall indemnify and hold harmless the City of Cape Girardeau, its officers, employees, agents and servants from all suits and actions of every name and description brought against the City, its officers, employees, agents and servants for or on account of any injuries or damages received or sustained by any person or persons alleged to have been received or sustained by any persons which may result directly or indirectly from Albertson's, Inc.'s construction, maintenance and use of said improvements on the Easement Tract, unless caused by the willful or negligent act or omission of the City of Cape Girardeau, its officers, employees, agents, servants and assigns. �\BMM\SYS\DArALB\WORD\COASTAL WAY LOALBERTSONS, fNCMSSOURrC"E GIP-ARDEAUUCENSE AGREEMEW02. DOC 07/06= 5: 53 PM 2 C. All improvements permitted herein shall be constructed as shown on the site plan attached hereto as Exhibit "C" and any proposed changes thereto shall be first approved by the City Engineer and, if such changes are considered to be significant, approval by the City Council may be required. this IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed day of 22000. ATTEST: Gayle L. Conrad, City Clerk Vy " ATTEST: ETy�ped Name an�dTitle�j JULIE THOMSON BACKE Assistant Secretary City of Cape Girardeau 401 Independence St. Cape Girardeau, MO 63703 Albert M. Spradling, Mayor 9s, Inc. enter Blvd. ho 83706 L4ncoln V. $harp, Jr. Vice President, Real Estate Law \\BMM\SYS\DAr,ALB\WORD\COASTAL WAY L CALBERTSON'S, 1NCMSS0UR1\C"E GIRA"EAMUCENSE AGREEMENT02 DOC 07/06= 5:53 PM 3 W W STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU On this day of , 2000, before me appeared Albert M. Spradling, 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 on behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. Delores G. Needham, Notary Public My Commission Expires: October 8, 2000 STATE OF IDAHO COUNTY OF ADA The foregoing instrument was acknowledged before me this A%qtx 9 2000, by Lincoln V. Sharp, Jr., as Vice President, Real 4 Ir 'w4, RTSON'S, INC., a Delaware corporation, on behalf of the corporation. known to me 1; as identifitatioTr 6'A �'*Xw Signature of person taking acknowledgment �1-6= Ann midlot-S Name of person taking acknowledgment, typed, printed or stamped My Commission Expires: M40 -0b ItoRl day of Estate Law, of He is personally NotM Public, State of Idaho Title or rank LBal Sanjimn Serial number, if any W *�— - — —11� -V_ X 104 b NO, 4FPO 01 A'R "I 1- fQ .1 -1- . ". ap \\BMM\SYS\DAr,ALB\WORD\COASTAL WAY LMUERTSONS. INCMISSOURACAPE GIRARDEAMUCENSE AGREEMENT02. DOC 07/06= 5:53 PM 4 OS,- 14,� 00 NION 14:20 FAX 407 425 0241 BOGIN, MUNNS — ALBERISUNS "III 149J () () 2 EXHIBIT "A" TRACT I: Part of Block 4 of Harris Subdivision as recorded in Plat Book 4 at page 57 and part of Lot No. 9 of Robert Sturdivant's Subdivision of outlots 58, 59, 81 and part of Go of u.S.p_ Survey No. 2199, Township 30 North, Rancre 13 East, City and County of Cape Girardeau, State of Misso-uri, described as follows: Commence at a point on the Northwe;Bt corner of Lot No. 7 in Block No. 2 of said Harris Subdivision, being the inter- section of the East line of Spring Street and the South line of Themis Street; thence North 81 degrees 40' Wf-,st, with the South line of said Themis Street, 170-00 feet to the place of beginning; thence South 8 degrees 20' 00" West, parallel with the West line of Spring Street, 109.00 feet; thence South 81 degrees 40' 001, Past, parallel with the South line of Themis Street, 120.00 feet to a point on the West line of Spring Street; thence with said West line, South a &egrees 201 00,, West, 323.01 feet to a point on the center line of the now abandoned Missouri Pacific Railroad; thence with said centerline North 54 degrees 571 00" West, 312-26 feet; thence leaving said centerline South 35 degrees 03, 00" West, 30.00 feet to a point on the South line of said now abandoned railroad; thence leaving said south line, South 14 degrees 561 121, West, 381.74 feet to a point in the North line of Independence Street; thence with said North line North 82 degrees 11, 00" West, 49.10 feet to the Southeast corner of a tract described in Book S93 at page 834 from Wolohan Lumber Co. Inc. to the City of Cape Girardeau, Missouri; thence with the East line o'f said tract North Oo degrees 03' 431, East, 168.81 feet; thence North 02 degrees 59, 09" West, 47.69 feet; thence South 83 degrees 2�' 281, West, 16.69 feet; thence North 06 degrees 32' 3211 West, 154.25 feet; thence North 83 degrees 27' 28" East, 26.28 feet; thence North 02 degrees sq, 09" West, 40.97 feet; thence North 06 degrees 37, 57" West, 260.72 feet; thence North 06 de rEes 29, 16" West 42.06 feet to a point on the South. line oi Themis Street; thence with said line, South 81 degrees 40, 00" East, 415.Si feet to the place of beginning. TRACT II: Part of Lot No. 9 of Robert Sturdivant,s Subdivision of outlots Sal 59, 81 and part of 60 of U.s.p. Survey No. 2199, Township 30 North, Ran�re 13 East, City and County of Capz Girardeau, State of Missouri, described as follows; Commence at a point on the northwest corner of Lot No. 7 in Block, No. 2 of Harris Subdivision, as recorded in Plat Book 4 at pacre S7, being the intersection of the east line of Rring Stre(�E and the south line of Themis Street; thence Nort 81 degre(is 40, West, with the south line of said Themis Street, 50.00 feet; thence South 8 degrees 20, 00" West, with the west line of "Ering Street, 432-01 feet to a point on the centerline of.t' e now a-bandoned Missouri Pacific Railroad, the point of beginning; thence with said centerline, South 54 degrees 571 00" Eas:t, 49.71 feet; thence South 08 degrees 20' 00" West, 239.84 feet to a point on the north line of Independence Street; thenCE with said north line, North 82 degrees ill 00" West, 380.73 feet; thence leaving said north line, North 14 degrees 56, 12" East, 381.74 feet to a Toint on the south line of said now abandoned railroad; thence eaving said.south line, North 35 degrees 03, 00" East, 30.00 feet to a point on the centerline of said now abandoned railroad; thence with said centerline, South 54 degrees 571 001, East, 312-26 feet to the point of beginning. 5i DESCRIPTION OF RIGHT OF WAY OF CITY OF CAPE GIRARDEAU & M O -DOT FOR ALBERTSONS PROJECT ALL OF THAT PART OF LOT 4 OF HARRIS SUBDIVISION, AND THAT PART 0 F LOT 9 OF ROBERT STURDIVANT'S SUBDIVISION OF OUTLOTS 58, 59, 81, AND PART OF 60 OF UNITED STATES PRIVATE SURVEY NO. 2199, AND THAT PART OF MISSOURI DEPARTMENT OF TRANSPORTATION RIGHT OF WAY OF U.S. HIGHWAY 61 LYING IN OUTLOT 81 OF UNITED STATES PRIVATE SURVEY NO. 2199, ALL BEING IN TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE at the northwest corner of Lot No. 7 of Block No. 2 of said Harris Subdivision, said point being on the northeast corner of Thernis Street and Spring Avenue, thence with the South line of Thernis Street, North 81040,00" West, 585.51 feet, to the intersection of the easterly line of the Walker Branch Right of Way with the Southerly line of Thernis Street, the place of beginning; thence continue along the south line of said Thernis Street, North 81'40'00" West, 100.21 feet, thence South 32'39'19" West, 27.20 feet, to a point 1 foot east of the existing guardrail along the east line of U.S. Highway '61', thence southerly, approximately 1 foot easterly of said guardrail, the following 8 courses, South 6033'46" East, 298.64 feet, thence South 5036'12" East, 113.55 feet, thence South 4001'22" East, 70.57 feet, thence South 2034'45" East, 49.55 feet, thence South 0'34'51 " East, 43.88 feet, thence South 0035'58" West, 42.04 feet, thence South 7'01'38" East, 36.69 feet, thence South 35028'28" East, 26.58 feet, thence South 54055'52" East, 23.74 feet, thence South 67011,07"East, 28.15 feet, to the intersection of the Easterly right of way line of U.S. Highway '61' and the North line of Independence Street, thence easterly along the North line of Independence Street, South 82011'00" East, 43.89 feet, to the intersection of the Easterly right of way line of Walker Creek, and the North line of Independence Street, thence with said Easterly right of way line, North 00003'43" East, 168.81 feet, thence North 02'59'09" West, 47.69 feet, thence South 83'27'28" West, 16.69 feet, thence North 6032'32" West, 154.25 feet, thence North 83'27"28" East, 26.28 feet, thence North 02059'09" West, 40.97 feet, thence North 06'37'57" West, 260.72 feet, thence North 06029'16" West, 42.06 feet, to the place of beginning. ef 14 fLv �JtA n EXHIBIT 111311 buuwoqlv 0 u m S'UosAiaqlV I 1* 4d < M ljwj�- N Vi j11,11j w 0 0 z 0 w z w (L 0 w LL 0 iL . . . . . . 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R 2 Z (SY19VA NOW IVVaLR gi gd3UAI z @ C:) (f) 0� �j [i] City of Cape Girardeau, Missouri Office of the City Manager Council LetterNumberNo. 323 September 5, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Solid Waste Transfer Station Base Rate Increase Included in the 2000 —2001 City Budget, is a proposed base rate increase of $.50 per ton or 1.4% for the Solid Waste Transfer Station Operation. The last increase in the base tipping fee was in July of 1994. The proposed increase would raise the base rate fi-om $31.50 per ton to $32.00 per ton. In addition, the State and Stoddard County fees add $3.32 per ton, for a proposed gate rate of $35.32 per ton. The $.50 per ton increase is proposed to become effective October 1, 2000 and would generate additional revenue of approximately $6,200. The Transfer Station is a regional facility which accepts solid waste from Southern Illinois and Southeast Missouri. We have at- least two other cities and several private firms which bring waste to the station. Over 50% of the waste received is from sources other than the City of Cape Girardeau. With the total base rate and state and county charges, Cape Girardeau Transfer Station rates compare very favorably with competing stations in the area. Theses are as follows: St. Francis County ....................................... $ 49.00/ton Heartland Solid Waste (near Fruitland) ........ $38.75/ton Midwest Waste of Jackson .......................... $ 36.00/ton Perryville ...................................................... $ 44.40/ton Cape Girardeau ............................................ $ 35.32/ton (effective 10-1-00) The Staff recommends that the Council approve the ordinance authorizing the base rate increase request of $0.50 per ton effective October 1, 2000. We would be pleased to answer any questions you might have, concerning this issue. Respectfully submitted, a/e"- . X4- 4�� /2L. 1, Douglas K. Leslie Pu Director JohnYKchbourg Fladnce Director Michael G. Miller City Manager W W STATE 00 MISSOURI, D E RN T Md C�irnahan, Governor - Stephoi X4. Nlahfixxi, Director OF NATURAL RESOURCES DIVISION OF ENVIRONMENTAL QUALITY P.O. Box 176 Jefferson City, MO 65102-0176 AUG 0 9 2000 Mr. Steve Cook City of Cape Girardeau 219 N. Kingshighway Cape Girardeau, MO 63 701 RE: Cape Girardeau Waste Transfer Station Dear Mr. Cook: Missouri statutes require that on October 1, 1992, and annually thereafter, the solid waste tonnage fee rates shall be adjusted by multiplying the existing rate by the percent change in the Consumer Price Index for all Urban Consumers for the United States for the previous 12 months as reported in July. The percent change reported for the period July 1, 1999, through June 30, 2000, was 3.7 percent. The tonnage fees effective October 1, 2000 are: Sanitary Landfills and Transfer Stations Old: $1.85 per ton New: $1.92 per ton Demolition Landfills Old: $1.23 per ton New: $1.28 per ton MAILING OF QUARTERLY REPORTING FORM: The reporting forms reflecting these new fees will be mailed in November 2000 so you will have them available for filing the 4th quarter statement, which is due January 30, 200 1. As in the past, forms for all four quarters will be mailed at one time. MAIL TO ADDRESS: The enclosed sheet shows the name and address the forms will be mailed to; if correction is needed, please notify us before the November mailing date. If you have questions, you should contact the Solid Waste Management Program, P. 0. Box 176, Jefferson City, Missouri 65102, or you may telephone Ms. Betty Finders of my staff at (573) 526-3904. Sincerely, ;1D A:2:� =GEMENT PROGRAM er 'tor irector JH:bfk c: Ms. Mary Thatch, Customer Service, City of Cape Girardeau 0 k�e� P�� �o �.-o -.0- �0-0 -.10 �.-o p LLJ CIF) C14 rl- C) z rn r- G) C� Ce) w— z C; C14 c; LO c; (3) < (Y) r or) C) C) 0 C) LO 0 0 LO C) -00- C) l4t LO 04 LO ce) C) C:> W (Y) 00 C14 LC) Ict 00 C) C) cli d (d cli cli (6 & q U) Iq T- 00 o) OIL ca cq CD 0) C) CD 0 UD It C) C) (D CD CD CD fl- CD w 0 C) u-) (0 co 0) CD I- CD (D G� Ld 6 C4 C4 CT (d 6 6 C:> 0 U-) cyi CO 1* (D (0 lr-" N V- 'r-, CN z z 0 0 < U) U� er" U) w D w 0 co z < w w CFS w < w C/) < IL 0 $.� 0 W x w < 0 z fl� c) LLJ Z :E z C-) 0 < u o CO W Z < cr D C) U C) o U) < 0 < w C) 0 V C� w < U) w 0 C) U) z C) w + CD 0 z 0� LU C) Z W U) w U) < w w C� ol LLI W LL — U) 0 U) 0 2 z C) z w U) w < z Z LU U) W C/) C) w w < 0 D z < 0 w co -i < LL < < a_ z 0 of C'� z U) T- C,� j o W w 0 0 co > U) < D LL W Z X W CO W o LL 0 0 U) F- z Q (D F- 0 C) W D 0 CO w D w W V w LL -i CO W U) C) < < < 0� F- CO i U) z < F- 0 -j z w LLI 0� w W U) w Z 00 < CL F- > 0 D CL < CL 0 w w w U) 0 0 C) cl C) z a_ r) BILL NO. 2000-222 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 22 OF THE CITY CODE RELATING TO SOLID WASTE FEES AT THE TRANSFER STATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. section 22-39(b) of the Code of ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 22-39. Disposal of waste; fee. (b) Haulers who dispose of less than twenty (20) tons of solid waste per week at the city disposal facility shall pay a rate of thirty-one dollars and fifty cents ($31.50) plus any additional costs incurred by the city which are the result of local, state, or federal regulations. Private haulers who regularly use the disposal facility and who regularly dispose of more than twenty (20) tons of solid waste per week at the city disposal facility shall have a rate established by contract based on the operating costs. Xklftffl� �� in its entirety, and a new Section 22-39(b) is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 22-39. Disposal of waste; fee. (b) Haulers who dispose of less than twenty (20) tons of solid waste per week at the city disposal facility shall pay a rate of thirty-one dollars and fifty cents ($32.00) plus any additional costs incurred by the city which are the result of locall state, or federal regulations. Private haulers who regularly use the disposal facility and who regularly dispose of more than twenty (20) tons of solid waste per week at the city disposal facility shall have a rate established by contract based on the operating costs. ARTICLE 2. if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional bv anv 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 ATTEST: Gayle L. Conrad, City Clerk , 20-- A. M. Spradling, III, Mayor �j MW CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 324 Agenda September 5, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau Dear Mayor and Council Members: SUBJECT: PROPOSED AMENDMENTSVO 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. Discussions were held on this issue at the August 7 and August 21, 2000, City Council meetings, and Staff was directed to place the attached ordinance on tonight's agenda for first reading consideration. This ordinance would create a new Section 5-16 of the City Code relating to liquor sales near residences. Under this proposal, 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 this 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.. I 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 September 5, 2000 Agenda Page 2 Accordingly, Bill No. 2000-223 is attached to this letter and will be given a first reading this evening. Rer)pectfully submitted, V? Cui cL ey Cunningham W. ic Ci At Michael G. Miller City Manager WEC/MGM/dgn M M BILL NO. 2000-223 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: ARTICLE1. 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, 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. 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 ATTEST: Gayle L. Conrad, City Clerk r 20-- A. M. Spradling, III, Mayor CITY OF CAPE GIRARDEAU, MISSOURI M- Office of the City Manager Council Letter No. 325 Agenda September 5, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Repeal Ordinances MAN 1229 and CHA 2736 of Schedule C of Section 26-121 of the City Code, and Amend Schedule E of Section 26-121 of the City Code by Establishing a Four Way Stop at the Intersection of Mt. Auburn Road and Bloomfield Road, in the City of Cape Girardeau, Missouri A traffic study of the traffic flow and accident rate at the Mt. Auburn Road and Bloomfield Road intersection since the completion of the Bloomfield Road improvements has been conducted and indicates that a four way stop is warranted at this intersection. On the recommendation of the City Engineer, City Manager, pursuant to the power granted to him under Chapter 26, Section 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, established an emergency traffic regulation authorizing the placement of a stop signs at the following locations: On Bloomfield Road at its intersection with Mt. Auburn Road,, Northeast corner facing East On Bloomfield Road at its intersection with Mt. Auburn Road, Southwest corner facing West In order to properly establish this intersection as a 4 -way stop, the following actions are recommended: Schedule C Repeal Ordinance MAN 1229 establishing a stop sign on Mt. Auburn Road at Bloomfield Road facing north Repeal Ordinance CHA 2736 establishing a stop sign on Mt. Aurun Road at Bloomfield Road, southeast comer facing South Schedule E Amend to establish a four way stop at the intersection of Bloomfield Road and Mt. Auburn Road '-.-'.�--Respec ly submitted, f Kip& A. Lester, P.E. ty Engineer /_1 MichV,1 G�. City Manager M, MAL/MGIvVdc BLOOMFIELD RD. PROPOSED STOP SIGN BLOOMFIELD RD. CORNER OF MT. & BLOOMFIELD r) BILL NO. 2000-227 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY REPEALING STOP SIGNS ON MT. AUBURN ROAD AT BLOOMFIELD ROAD, AND AMENDING SCHEDULE E OF SECTION 26-283 BY ESTABLISHING A FOUR-WAY STOP AT BLOOMFIELD ROAD AND MT. AUBURN ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Schedule C of Section 26-121 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by repealing stop signs in the City of Cape Girardeau, Missouri, at the following locations: On Mt. Auburn Road at Bloomfield Road facing North. On Mt. Auburn Road at Bloomfield Road, Southeast corner facing South. ARTICLE 2. Schedule E of Section 26-283 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by establishing a four-way stop in the City of Cape Girardeau, Missouri, at the following location: At the intersection of Bloomfield Road and Mt. Auburn Road. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS - DAY OF A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk , 2000. W� CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 326 Agenda: September 5, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Speed Reduction/ No Parking on Village Drive Dear Mayor and Council Members: The property owners association for the Village on the Green apartment buildings in the 600 Block of Village Drive contacted the Cape Girardeau Police Department concerning two traffic related issues. Property owners have requested parking be prohibited on the entrance off North Sprigg Street and along the inside of the circle drive. Also requested was reduction of the speed limit on Village Drive from 30 mph to 15 mph. The section of Village Drive just east of North Sprigg Street is divided into two 16 feet traffic lanes. Mailboxes are set up in the "island" of the divided section with the mail placed into the boxes from the north side and retrieved by the tenants' from the south side. If parking were permitted in this area the roadway would be too narrow when vehicles were stopped at the mailboxes, or when used by emergency vehicles. The Cape Girardeau Police department recommends Schedule F Section 26-247 be amended to prohibit parking as follows: Village Drive, south side, commencing at the intersection of N. Sprigg Street and extending a distance of 250 feet to the east. Village Drive, north side, extending the entire length of the street. Police Department records revealed no motor vehicle accidents or speeding citations issued this year on Village Drive. No other information has been presented to the Police Department to indicate a reduction of the speed limit is warranted. Therefore, the Police Department recommends the speed limit on Village Drive remain 30 mph. The City Engineer's Department was consulted and they concur with the aforementioned recommendations. ResDectfullv Submitted %-ILY inanagur P& n BILL NO. 2000-22R ORDINANCE NO. — AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING NO PARKING ON VILLAGE DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Schedule F of Section 26-247 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by establishing a no parking zone in the City of Cape Girardeau, Missouri, at the following locations: village Drive -- south side, commencing at the intersection of North Sprigg Street and extending a distance of 250 feet to the east. Village Drive -- north side, extending the entire length of the street. 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 f 2 0—. A. M. Spradling, III, Mayor 5� NEW ORDINANCES 1w CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 3 3 8 Agenda September 25, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Record Plat of Winks — Nunn Subdivision This Council agenda item provides for consideration of the record plat of Winks — Nunn Subdivision. This is a five (5) lot subdivision which is located on the northwest comer of Perryville Road and Lexington Avenue. This subdivision is being platted by Host Enterprises, Inc. and Nunn Revocable Trust and can be used for commercial and residential development. The subdivision plat was approved by the Planning and Zoning Commission at their meeting on September 13, 2000. The vote to approve the plat was I I 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. Respectfully submitted, '�4*Z�AA of Planning Services . Miller City Manager KBM/MGM/rlf MDABeckie\My Documents\Council\Subdivision\Record Plat Approval.doc (Koehler) WINKS — NUNN SUBDIVISION Part of Survey 2198, Being in the- Southwest 1/4, of Section 24, Township 31 North, Range 12 Cape Girardeau County of -Cape -Girardeau, M (E300K lctb, FA6E 065) 0 00 OK 45-7, PACvE -16-2) z �.D (BOOK -1&4, FA6E 505)IJ C I- L6 :3 a a 0 S89*35'00'E L� a) 0 205.19' (MeQs) 205.0' (Deed) 14.2-:2 5.3* 43.8' N Covered 5. f _Z_ L Patio r Fr Buil�ingj <0 111908CNIaddL.�'I .:-.A a,=,, 0 0 M (L W \ 8' L 0 P F- 4. 1 1 - a_ 0 LOT5 r- .0 A -or- cu . 11 - ql� , %n cc 00 C) - -4 0 (6 Concrete Drive' 10.46 0 lu C14 z 'D 477 p0bah LAWA 0 W LAW pho - It L, Co E� / / / 9�� �C_b;,�, 6.70' 2 �d�) ,�M.eoL .6' (Dee A �2./ �,�TVK N89*35'00'W 96.52' ;1 LOT4 Ln C:) 0.353Aav:t LOTI 'FA a, AN Porch Concrete Drive. (BOOK 1002, PA6E C Covered/ 051 4 PACE 05,q) �c CD +, P X Patio L Ca - /;Br Fr BuildingZ C) 0.193Am:t C, o ru 10 F z Z, - W//] 907 C/Pix/d/d (Ninks Convenlance 5t r CD _8 0, z ZOATR-4 C3 Zqta LIJ R-4 130.50' CD z W —N89*35'00'W— ZOMR-1 N89*35'00'W 156,33' _ZONE LINE 4*52'00'E BOOK 4-40, 1 �R-1 1 ZOAM E FA6E 262j fi) IT - Building Set Back 6.0, F- -C) LOT2 CID Building Set Back CD Ct LCT3 0.557Aaw:t (No Improvements) CU 0.508Anyt. U C3 z (No Improvements) (BOOK 1002, PAGE 05-T cn 7E -100) , I (BOOK 55:2, PAC 00 4 PAC7E 05,q) CD1 Building Set Back 124 Building Set Back Cn b 6. 0' P.O.B. c; 0 N83 -16'28'W 101 Eftft, C; 7,51, 0 T5_ - - - - - - - - - - - - - - - 83-16 1281W W N83 6 12 148.35' B'V 158 63' NUWU4,49-w CD LabWm Avow (VoWk Ri&qf We) z N N89*49'41'E 332.55' (MeQs) (NTS) PROPERTY SURVEY CLASS ...... URBAN' a3.4.0' (Deed) Sou Corner Southwest 1/4, Southeast 1/4, S t 141 1 ast st ectr Township 31 N�arth. Range =13East (Found 3/8" Iron Rod with "T' Post) LEGEND 1. : 1/2" IRON RODS (SET). 2. 3/8- IRON RODS NTH -T--PO' 3. A - COTTON PICKER SPINDLES (FNI BUILDING SET BACKS - ALL UNDEVELOPED LOTS SHALLI - 1/2" IRON RODS (FND). T CITY 4. 0 CONFORM WTH CURREN' 5. El - "T -POSTS (FND). MINIMUMS. EXISTING LOTS WTH 6. o = '+" CUT ON CONCRETE (SET). I --_-1.1- — -­.­ 0 CL x w w U) w a 0 F— E co 0) cu CL 0 C,) ED -a C� (D U) (D tm E > co m 0 0 CL CL N N 0 � C) C) CL 0) U) 6ka -D V" riBILL NO. 000-214rs ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF WINKS-NUNN SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Winks -Nunn Subdivision, part of survey 2198, being in the Southwest Quarter, Southeast Quarter of Section 24, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, Missouri, submitted by Host Enterprises, Inc., a Missouri Corporation, and Nunn Revocable Trust dated December 28, 1999, bearing the certification of Larry D. Dowdy, a Registered Land Surveyor, dated August 22, 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 ten days after its passage and approval. r"'l PASSED AND APPROVED THIS - DAY OF ATTEST: Gayle L. Conrad City Clerk %W , 20-. A. M. Spradling, III, Mayor CITY OF CAPE GIRARDEAU Im Office of the City Manager - September 25, 2000 - The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Council Letter No. 339 Subject.- Air Traffic Control Tower Operating Assistance Grant Agreement Dear Mayor and Council Members: As you may recall, new State legislation provides up to $125,000 to be allocated for reimbursement of control tower operational expenses for those municipalities who are currently funding their own tower operation. Attached for your review is the agreement for reimbursement up to $ 125,000 for the period of July 1, 2000 to June 3 0, 200 1. It is recommended that the City Council give their consideration to the attached ordinance authorizing the City of Cape Girardeau to enter into this Air Traffic Control Tower Operating Assistance Grant Agreement. Respectftilly submitted, J. . (� /,-,/ Brue 7- Lov Michael G. M City Manager ro) BILL NO. 2000-236 ro) ORDINANCE NO. AN ORDINANCE AUTHORIZING EXECUTION OF AN AIRPORT ASSISTANCE AGREEMENT BETWEEN THE STATE HIGHWAY AND TRANSPORTATION COMMISSION OF MISSOURI AND 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 of Cape Girardeau, Missouri, shall accept and execute the airport assistance agreement with the State Highway and Transportation Commission of Missouri, for an aviation operating assistance grant for the Cape Girardeau Regional Airport. ARTICLE 2. That the City of Cape Girardeau, Missouri, does hereby ratify and adopt all statements, representations, conditions, and covenants contained in the airport assistance agreement. ARTICLE 3. That the City Manager is hereby authorized and directed to execute said airport assistance agreement in triplicate on behalf of the City of Cape Girardeau, Missouri, and the City Clerk is hereby authorized and directed to impress thereon the official seal of the City of Cape Girardeau, Missouri, and to attest said execution. ARTICLE 4. That said airport assistance agreement provides for the granting of financial assistance in the sum of One Hundred Twenty -Five Thousand Dollars ($125.00.00) in state funds to assist with the air traffic tower operation. ARTICLE S. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS - DAY OF ATTEST: Gayle L. Conrad, City Clerk A. M. Spradling, III, Mayor 20 STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU I, Gayle L. Conrad, City Clerk of the City of Cape Girardeau, Missouri, within and for the City and State aforesaid, do hereby certify that the foregoing is a full, true and complete copy of ORDINANCE NO. AN ORDINANCE AUTHORIZING EXECUTION OF AN AIRPORT ASSISTANCE AGREEMENT BETWEEN THE STATE HIGHWAY AND TRANSPORTATION COMMISSION OF MISSOURI AND THE CITY OF CAPE GIRARDEAU, MISSOURI, as same is recorded in the minutes of said City of Cape Girardeau, Missouri. IN WITNESS WHEREOF, I hereunto set my hand, and affix the seal of said City of Cape Girardeau, Missouri, in my office in Cape Girardeau, Missouri, this -- day of A, 2000. Gayle L. Conrad, City Clerk CCO FORM: AC21 Approved: 1/99 (RMH) Revised: Modified: City of Cape Girardeau Project No. AIR 016-77A MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AIR TRAFFIC CONTROL TOWER OPERATING ASSISTANCE GRANT AGREEMENT THIS AGREEMENT is entered into between the Missouri Highways and Transportation Commission (hereinafter, "Commission"), and the City of Cape Girardeau (hereinafter, "City"). WITNESSETH: WHEREAS, the purpose of this Agreement is to provide financial assistance to the City for the operation of the Air Traffic Control Tower (hereinafter, "Tower") at the Cape Girardeau Regional Airport (hereinafter, "Airport") and to set forth conditions upon which the assistance will be provided; NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations set forth below, the parties agree as follows: (1) SCOPE OF WORK: The City agrees to operate Tower in accordance with ro) all rules and regulations of the Federal Aviation Administration and applicable Federal and State requirements. (2) AMOUNT OF GRANT: The Commission agrees to reimburse the City up to One Hundred Twenty -Five Thousand dollars ($125,000) for direct costs to operate the Tower during period of July 1, 2000 to June 30, 2001. (3) PERFORMANCE OF AGREEMENT: The City shall immediately notify the Commission in writing of any condition or event which may significantly affect its ability to perform the activities in accordance with the provisions of the Agreement. (4) COMMISSION'S RIGHT TO INSPECT DOCUMENTS AND AUDIT RECORDS: (A) The City shall submit to the Commission such data, reports, documents, and other information relating to the operation of the Tower as the Commission may require at any time. (B) The Commission reserves the right to inspect and otherwise audit all records of the City to determine compliance with this agreement. Generally accepted auditing standards and the requirements of the Comptroller General of the United States "Government Auditing Standards" shall be used as the audit criteria. -1- (5) THIRD PARTY �,ON -RACTS: (A) Prior to execution by either party, the City shall submit to the Commission for review, comment, and approval all contracts for services included in the Scope of Work Statement to be provided to the City by a third party. (B) The Commission shall not be liable to the contractors or subcontractor of the City or any other person not a party to this agreement in connection with the performance of project without specific written consent of Commission. (6) PAY AENTS: (A) Timing of Pa-Y-M-ents: Commission payments to the City will be made on a quarterly basis. Commission will provide a reimbursement form to be completed by the City when requesting funds. (B) Limitations on Commissi)n Contribution: Funds made available to the Commission and City are subject to appropriations made by the General Assembly. (7) RIGHT OF COMMISSION FO T ---RMI 4ATE AGREEMENT: Upon written notice to the City, the Commission reserves the dght to suspend or terminate all or part of the financial assistance herein provided the City is, or has been, in violation of any of the terms of this Agreement. (8) COMMISSION'S REPR ---SENTATIVE: The Commission's Director is designated as the Commission's representative for the purpose of administering the provisions of this Agreement. The Commission's representative may designate by written notice other persons having the authoriity to act on behalf of the Commission in furtherance of the performance of the Agreement. (9) INDEMNIFICATION: The City shall be responsible for injury or damages as a result of any services and / or goods rendered under the terms and conditions of this Agreement. In addition to the liability imposed upon the City on the account of personal injury, bodily injury, including death or property damage, suffered as a result of the City performance under this Agreement, The City assumes the obligation to save harmless the Commission, including its agents, employees and assigns, and to indemnity the Commission, including its agents, employees and assigns, from ever expense, liability or payment arising out of such wrongful or negligent act or omission, including legal fees. The City also agrees to hold harrnless the Commission, including its agents, employees and assigns, from any wrongful or negligent act or omission committed by any subcontractor or other person employed by or under the supervision of the City, for any purpose under the Agreement, and to indemnify the Commission, including its agents, employees and assigns, from every expense, liability or payment arising out of such wrongful or negligent act or omission. -2- r1o) (10) MISSOURI NONDISCRIMINATION CLAUSE: The City shall comply with all the provisions of Executive Order No. 94-03. issued by the Honorable Mel Carnahan, Governor of Missouri, on the fourteenth (14th) day of January 1994, which executive order is incorporated herein by reference and is made a part of this Agreement. This Executive Order promulgates a Code of Fair Practices for the Executive Branch of Missouri Government and prohibits discrimination against recipients of services, and employees or applicants or employment of state contractors and subcontractors, on the grounds of race, color, religion, national origin, sex, age, disability, or veteran status. The City shall also comply with all state and federal statutes applicable to the City relating to nondiscrimination, including, but not limited to, Chapter 213, RSMo; Title VI and Title VII of the Civil Rights Act of 1964 as amended (42 U.S.C. Sections 2000d and 2000e, et seq.); and with any provision of the "Americans with Disabilities Act" (42 U.S.C. Section 1210 1, et seq.). (11) LAW OF MISSOURI TO GOVERN: The Agreement shall be construed according to the laws of the State of Missouri. The City shall comply with all local, state and federal laws and regulations relating to the performance of the Agreement. (12) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or respecting its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. (13) NONSOLI CITATION: The City warrants that it has not employed or retained any company or person, other than a bona fide employee working for the City, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingency upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Commission shall have the right to annul this Agreement without liability, or in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. (14) AMENDMENTS: Any change in the Agreement, whether by modification or supplementation, must be accomplished by a supplemental agreement signed and approved by the duly authorized representatives of the City and the Commission. -3- IN WITNESS WHEREOF, the parties have entered into this agreement on the last date written below. day of 20�- Executed by the City this day of 20�- Executed by the Commission this MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION Title Attest: Secretary 0 the Commission Approved as to Form: Counsel for the Commission J:\marrj\airagree\C'pe G — air 01 6-77A — ac2l.doc me CITY OF CAPE GIRARDEAU By — Title Attest: By — Title Approved as to Form: By — Title 1--j CITY OF CAPE GIRARDEAU, MISSOURI M Office of the City Manager Council Letter No. 34 0 Agenda September 25, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Ordinance Accepting Easement Plans are being made for the construction of a new building on Lot 49 in Doctor's Park Second Subdivision. This lot fronts Doctor's Park Drive. There is an existing sewer easement which lies northeast across Lot 49 and Lot 50 between Doctor's Park Drive and 1-55. Due to the lay out of the property, this easement would lie just 3' off the property comer of a portion of the new building. The proposed easement will allow for a greater building area on the lot. A request to abandon the existing easement has also been requested by the developer. This will be presented at the October 9 Council session, contingent upon Council acceptance of this Ordinance. MAL/MGM/dc 5� Respectfully submitted, eA. Lester, P.E. Engineer hEdWrIG.- Miller City Manager �2i row) UO -T TO S-CALE North West4—East South GRAPHIC SCALE 10 0 ,a 214. , S,wk-tAtl to BE V- Ns - E-XYST I N G. --EASEMEN TO BE ABANDONED 0 CIO, 0 PROPOSED-F-ASEMEN TO BE DEDICATE I (00,0) BILL NO. 2000-237 ORDINANCE NO. AN ORDINANCE ACCEPTING A SEWER, UTILITY AND STORM DRAINAGE EASEMENT FROM DPS REAL ESTATE, FOR A SEWER LINE IN DOCTOR'S PARK SECOND SUBDIVISION 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 Sewer, Utility and Storm Drainage Easement, executed by DPS Real Estate, a Missouri General Partnership, conveying to the City of Cape Girardeau, Missouri, a Sewer, Utility and Storm Drainage Easement for a sewer line in Doctor's Park Second Subdivision, more particularly described as follows, to -wit: A PART OF LOTS 49 AND 50 OF DOCTORS' PARK SECOND SUBDIVISION, LYING IN OUTLOT NO. 85 OF U.S.P.S. NO. 2199 AND IN U.S.P.S. NO. 3090, 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 30 FEET WIDE LYING 20 FEET SOUTHERLY OF AND 10 FEET NORTHERLY OF THE FOLLOWING DESCRIBED LINE: Commencing at the southeast corner of lot no. 49 of Doctors' Park Second Subdivision as recorded in the land records of the County Recorder's office in plat book no. 12 at page no. 22, said point being on the west right of way line of Doctors' Park Drive, and being the beginning of a non -tangent curve concave to the southwest having a radius of 367.35 feet and a central angle of 060 531 3511, and to which a radial line bears S 760 561 2011 W; Thence in a northwesterly direction along said curve and west right of way line, 44.20 feet to the beginning of a compound curve, concave to the southwest having a radius of 253.34 feet and a central angle of 070 321 06"; Thence continuing in a northwesterly direction along said curve and right of way line, 33.32 feet to the TRUE POINT OF BEGINNING: ro") Thence leaving said right of way line, S 720 081 4211 W, 305.92 feet to a point on the south line of said lot no. 49, and there terminating. The sidelines of the above described easement being prolonged and shortened to terminate at the west right of way line of Doctors' Park Drive and at the east line of an existing sewer, utility and drainage easement as shown by plat of said Doctors' Park Second subdivision. 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 1 2000. A. [. Spradling, III, Mayor 1-� 50 W 5z CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 34 1 Agenda September 25, 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 City Right of Way and Drainage Easement A request has been made to the City to release any interest it may have in the street right of way for the cul de sac at the end of Park Avenue and a 6' drainage easement running between the cul-de-sac and College Street. This is an unimproved portion of Park Avenue which was originally platted as a cul-de-sac, but never improved. 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 street right-of-way or drainage 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 street right of way and drainage easement. MAL/MGM/dc Mark . Lester, P.E. C Ci ity ngineer Michael G. Miller City Manager m r) z Ld V) Lli Ld JEFFERSON TO BE 6 COLLEGE ST. ST p, -f E ST. I AvE. z 0 cn CK Lij a: c/) (If 0 74 HIGHWAY EWNEEFM DEK C" OF cmr= rnBILL NO. 2000-21R ORDINANCE NO. AN ORDINANCE VACATING THE CITY'S INTEREST IN STREET RIGHT-OF-WAY AND A DRAINAGE EASEMENT NEAR PARK AVENUE AND COLLEGE STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the City Council has received a request that the City vacate street right-of-way for the cul-de-sac at the end of Park Avenue and a six (6) foot drainage easement running between the cul-de-sac and College Street, and more particularly described in Section 1 hereof; and WHEREAS, the City Council set the date of September 25, 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 September 25, 2000, at which all interested parties were afforded the opportunity to speak in favor of or in opposition to the proposed street right-of-way e"901) and a drainage easement vacation; and WHEREAS, the City Council has determined that the street right-of-way and a drainage easement in question are not necessary or needed for the purposes for which they were dedicated and established; and WHEREAS, it is in the public interest that the street right- of-way and a 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 street right-of-way and a drainage easement on the following described real estate: Begin at the northwest corner of Lot 10 (ten) of Seabaugh's Third Subdivision as recorded in Plat Book 5, At Page 14, In the Recorder of Deeds Office of Cape Girardeau County, Missouri, said corner also the northeast corner of the Park Avenue cul-de-sac, said cul-de-sac having a radius of 35 (thirty five) feet; thence 147.7 (one hundred forty seven point seven) feet with the circumference of said cul-de-sac commencing in a southeasterly direction to the northwest corner of said cul-de-sac; thence easterly along the northern line of said cul-de-sac 60 (sixty) feet to the Point of Beginning. Also, a 6 foot wide drainage easement, 3 feet both sides of the following described centerline: Begin at the northwest corner of Lot 10 of Seabaugh's Third Subdivision , said corner also the northeast corner of the Park Avenue cul-de-sac, said cul-de-sac having a radius of 35 feet, thence 70 feet with the circumference of said cul-de-sac commencing in a southeasterly direction to a point, said point being the northwest corner of Lot 9 and northeast corner of Lot 8 and the point of beginning, thence South 00 degrees, 00 minutes, 00 seconds East, a distance of 117.2 feet to the North line of College Street and there terminating. 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 A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU 2000. 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 my official seal, at my office in and year first above written. my Commission Expires: October 8, 2000 hereunto set my hand and affixed Cape Girardeau, Missouri, the day Delores G. Needham, Notary Public 2 �_j City of Cape Girardeau, Missouri Office of the City Manager Council Letter No. 354 Agenda September 25, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject. Ordinance Accepting Easements This ordinance provides the necessary access to the City and its agents for the construction, operation and repair of an 8" sanitary sewer line to serve Giboney Woods P Subdivision. It is therefor requested that first reading consideration be given to the attached ordinance accepting Sewer Easements from Stonebridge Subdivision Property Owners Association and Dana C. Branson, a/k/a Dana C. Smith, Alan Branson, her husband, and Judy C. Smith, Trustee of the Revocable Living Trust Agreement of Judy C. Smith dated August 19, 1997, to the City of Cape Girardeau; however, second and third readings shall be contingent upon obtaining the necessary signatures from the above named parties. MAL/MGM/dc 5� Respectfully submitted, %-ILY iVI4IfiIrVL w (5 z —0 0 a: 9 M Cl) C�- W > z 0 m 0 D I<S� Cl) STOEBRID 0 6Z9 -ans zr-OE -8ns LLJ u 0 LLJ 7- LLJ LLJ V) < LLJ LLJ W BILL NO. 2000-241 ORDINANCE NO. AN ORDINANCE ACCEPTING SEWER EASEMENTS FROM STONEBRIDGE SUBDIVISION PROPERTY OWNERS ASSOCIATION, DANA C. BRANSON, ALAN BRANSON, AND JUDY C. SMITH, TRUSTEE, FOR SANITARY SEWERS TO SERVE GIBONEY WOODS THIRD SUBDIVISION 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 Sewer Easement, executed by Stonebridge Subdivision Property Owners Association, an unincorporated association, conveying to the City of Cape Girardeau, Missouri, a Sewer Easement for sewers to serve Giboney Woods Third Subdivision, more particularly described as follows, to -wit: A STRIP OF LAND 15 FEET WIDE LYING 7.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: A PART OF UNITED STATES PRIVATE SURVEY NO. 679, 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 intersection of an existing sanitary sewer line and the west line of Lot No. 11 of Stonebridge Subdivision as recorded in the land records of the County Recorder I s of f ice in plat book no. 16 at page no. 97, from which the southwest corner of said Lot No. 11 bears S 02 deg. 45 min. 00 sec. E, 143.43 feet; Thence N 85 deg. 17 min. 19 sec. W, 99.62 feet along the centerline of said sanitary sewer to the east right of way line of Bloomfield Road. The sidelines of the above described easement being prolonged and shortened to terminate at said east right of way line and at the west line of said Lot No. 11. ARTICLE 2. The City of Cape Girardeau, Missouri, hereby accepts a Sewer Easement, executed by Dana C. Branson, a/k/a Dana C. Smith, and Alan Branson, her husband, and Judy C. Smith, Trustee of the Revocable Living Trust Agreement of Judy C. Smith dated August 19, 1997, conveying to the City of Cape Girardeau, Missouri, a Sewer Easement for sewers to serve Giboney Woods Third Subdivision, more particularly described as follows, tO-wit: A STRIP OF LAND 15 FEET WIDE LYING 7.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: A PART OF UNITED STATES PRIVATE SURVEY NO. 679, 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 intersection of an existing sanitary sewer line and the west line of Lot No. 11 of Stonebridge Subdivision as recorded in the land records of the County Recorder I s Of f ice in plat book no. 16 at page no. 97, from which the southwest corner of said Lot No. 11 bears S 02 deg. 45 min. 00 sec. E, 143.43 feet; Thence N 85 deg. 17 min. 19 sec. W, 99.62 feet along the centerline of said sanitary sewer to the east right of way line of Bloomfield Road. The sidelines of the above described easement being prolonged and shortened to terminate at said east right of way line and at the west line of said Lot No. 11. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. �.j PASSED AND APPROVED THIS DAY OF 1 2000. K. -M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk 5-11 RESOLUTIONS ['A'-] W� U CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 342 Agenda September 25, 2000 The Honorable Mayor And Members of the City Council aty of Cape Girardeau, Missouri Dear Mayor and Council Members: SUBJECT: A Resolution Authorizing the City Manager to Execute a Redevelopment Agreement with the Phillips Development Corporation and Cherry Wood Heights One Limited Partnership for the Redevelopment of the Old St. Francis Hospital Property on behalf of the City of Cape Girardeau This Resolution authorizes the City Manager to execute a Redevelopment Agreement with regards to the Old St. Francis Hospital Property at 801 Good Hope Street. This Redevelopment Agreement commits Phil1ips Development Corporation and Cherry Wood Heights One Limited Partnership (the owners of the property) to contribute $325,000 towards the cost of the asbestos abatement and demolition of the Old St. Francis Hospital buildings. Along with the $325,000 being paid by Phillips Development Corporation, the aty received a Community Development Block Grant for $250,000 to pay for the asbestos abatement and demolition of these buildings. Since the total cost of the asbestos abatement and demolition of the buildings is expected to be approximately $725,000, City funds of $150,000 will also be needed. These additional City funds of $150,000 will be paid from the $500,000 reserve fund that the City has previously earmarked to cover the costs of the demolition of the Old St. Francis Hospital and the Marquette Hotel. It is recommended that the Council approve the attached Resolution authorizing the City Manager to execute the Redevelopment Agreement with the Phillips Development Corporation and Cherry Wood Heights One Liniked. Partnership for the redevelopment of the Old St. Francis Hospital property at 801 Good Hope Street. r4o) BILL NO. 2000-2 0 59 r'o") RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A REDEVELOPMENT AGREEMENT WITH PHILLIPS DEVELOPMENT CORPORATION AND CHERRY WOOD HEIGHTS ONE LIMITED PARTNERSHIP, FOR THE OLD ST. FRANCIS HOSPITAL PROPERTY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Redevelopment Agreement with Phillips Development Corporation and Cherry Wood Heights One Limited Partnership, for the Old St. Francis Hospital Property. 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 , 20-. A. M. Spradling, III, Mayor RECT SEP - 8 2000 September 5, 2000 REDEVELOPMENT AGREEMENT FOR THE OLD ST. FRANCIS HOSPITAL PROPERTY CAPE GIRARDEAU, MISSOURI This Development Agreement (the "Agreement") is entered into this day of ) 2000, between the City of Cape Girardeau, Missouri (hereinafter referred to as the "City") and Phillips Development Corporation and Cherry Wood Heights One Limited Partnership (hereinafter together referred to as "Phillips"). WHEREAS, in order to allow for the redevelopment of the Old St. Francis Hospital property at 801 Good Hope Street, Cape Girardeau, Mo., the Parties wish to enter into this Agreement in order to generally describe their respective rights, duties and obligations regarding the redevelopment of the property. NOW, THEREFORE, for and in consideration of the mutual covenants and considerations contained herein, it is agreed by the parties as follows: 1. The City shall be responsible for the asbestos removal and demolition of the Old St. Francis Hospital buildings located on the property and removal of all demolition debris from the property. Phillips agrees to redevelop the property as generally shown in Exhibit A. 2. The City shall utilize an Innovative Grant from the Coinmunity Development Block Grant Program in the amount of $250,000 and other City funds to pay for the asbestos removal and demolition of the Old St. Francis Hospital buildings and removal of demolition debris from the property at 801 Good Hope Street. 3. Phillips shall pay $325,000 to the City within thirty (30) days of the execution of this Agreement. This payment shall constitute Phillips' obligation towards the cost of the asbestos removal and demolition of the Old St. Francis Hospital buildings and removal of demolition debris from the property. 4. Notice. Any notice required by this Agreement shall be deemed to be given if it is mailed by first class, United States Mail, postage prepaid and addressed as hereinafter specified. If to the City, such notice shall be addressed to: Michael G. Miller, City Manager City of Cape Girardeau 401 Independence Cape Girardeau, MO 63703 And a copy to: Eric Cunningham, City Attorney City of Cape Girardeau 401 Independence rlol) Cape Girardeau, MO 63703 If to Phillips, such notice shall be addressed to: Elizabeth S. Small President Phillips Development Corporation September 5, 2000 1501 N. University Suite 740 Little Rock, Arkansas 72207-5236 And a copy to: Boston Capital Tax Credit Fund IV, L.P. C/O Boston Capital Partners, Inc. One Boston Place Boston, MA 02108 Each party shall have the right to specify that notice is to be addressed to another address by giving to the other party ten (10) days written notice thereof. 5. Amendments. This Agreement shall not be amended, modified, canceled or abrogated without the written consent of the parties. 6. Effective Date. This Agreement shall be binding on the parties hereto only after all legal requirements relating to the City entering into this Agreement have been satisfied. 7. Conflicts. No officer or employee of the City and no member of the City Council shall have a financial interest, direct or indirect, in this contract. A violation of this provision renders the contract void. Any federal regulations and applicable provisions in Section 105.450 et. seq. R.S.Mo. shall not be violated. 8. Assignment. Phillips shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City hereto. Notice of such assignment or transfer shall be furnished in writing promptly to the City. Any such assignment is expressly subject to all rights and remedies of the City under this agreement, including the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assignment shall r ' equire the City to give any notice to any such assignee of any actions which the City may take under this agreement, though the City will attempt to so notify any such assignee. 9. Confidentiality. Any reports, data, or similar information given to or prepared or assembled by Phillips under this contract, which the City requests to be kept as confidential, shall not be made available to any individual or organization by Phillips without prior written approval of the City. 10. Discrimination. Phillips agrees, in the performance of this contract, not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age or political opinion or affiliation, against any employee of Phillips or applicants for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 11. Agen . Nothing contained herein shall constitute or designate Phillips or any of Phillips' agents or employees as agents or employees of the City of Cape Girardeau, Missouri. 12. City Benefits. Phillips shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Worker's Compensation Program of the City. 13. Liability and Indemnity. The parties hereby mutually agree to the following: a. Except for the City's asbestos and demolition indemnification to Phillips and Phillips indemnification to the City, in no event shall the City or Phillips be liable to each other for September 5, 2000 special, indirect, or consequential damages, except those caused by gross negligence or willful or wanton misconduct arising out of or in any way connected with a breach of this contract. b. Phillips shall defend, indemnify, and hold the City harmless from and against all claims, losses, and liabilities arising out of personal injurics, including death, and damage to property which are caused by Phillips, its agents, employees, servants or contractors arising out of or in any way connected with the redevelopment of the property. c. The City shall defend, indemnify, and hold Phillips harmless from and against all claims, losses, and liabilities arising out of personal injuries, including death, and damage to property which are caused by the City, its agents, employees, servants or contractors arising out of or in any way connected with the redevelopment of the property. d. Phillips assumes full responsibility for relations with subcontractors, and shall defend, indemnify and save harmless the City from and against, any and all liability, suits, claims, damages, costs (including attorneys' fees), losses, outlays, and expenses in any manner caused by claims of subcontractors for payments allegedly owed for labor or materials furnished in connection with this contract only during the construction of Fort Hope Apartments or other redevelopment of the property. e. The City assumes full responsibility for relations with subcontractors, and shall defend, indemnify and save harmless Phillips from and against, any and all liability, suits, claims, damages, costs (including attorneys' fees), losses, outlays and expenses in any manner caused by claims of subcontractors for payments allegedly owed for labor or materials furnished in connection with this contract only during the teardown and removal of asbestos of the Old St. Francis Hospital. f. This agreement is not intended to create any rights enforceable by any third party beneficiary. 14. jurisdiction. This agreement and every question arising hereunder shall be construed or determined according to the laws of the State of Missouri. Should any part of this agreement be litigated, venue shall be proper only in the Circuit Court of Cape Girardeau County, Missouri. 15. Authori . All individuals signing this agreement state that they have authority to sign this agreement for the purposes herein stated. CITY OF CAPE GIRARDEAU, MISSOURI Attest: Attest: By: Michael G. Miller City Manager PHILLIPS DEVELOPMENT CORPORATION Eli&eth S. Small Date President Attest: By: APPROVED AS TO FORM: 0 Eric Cunningham City Attorney September 5, 2000 CHERRY WOOD HEIGHTS ONE LIMITED PARTNERSHIP Elizath S. Small Date General Partner Resolution No. STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU 1----j BE IT REMEMBERED, That on this day of 2000, before, me, the undersigned, a Notary Public in and for the County and State aforesaid, came Michael G -. ��j Miller, City Manager of Cape Girardeau, Missouri, a City duly organized, incorporated and existing under and by virtue of the laws of the State of Missouri, and who is personally known to me to be the same person who executed, as such officials, the within instrument on behalf of said municipal corporation, and such person duly acknowledged the execution of the same to be the act and deed of said municipal corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year last above written. [Typed Name of Notary Public] STATE OF ARKANSAS ss. COUNTY OF PULASKI BE IT REMEMBERED, That on this 11th day of Septeniber 2000 before me, the undersigned, a Notary Public in and for the County and State aforesaid, came Elizabeth S. Small, to me personally known, who, being by me duly sworn, did state that she is the President of Phillips Development Corporation and General Partner of the Cherry Wood Heights One Limited Partnership, and that said instrument was signed in behalf of said corporation by authority of its Board of Directors for the consideration stated therein and no other, and said Elizabeth S. Small acknowledged said instrument to be the free act and deed of said corporation. IN WITNESS WHEREOF, I have day and year last above written. $0 110 M 4VEILIC, 20' list (00) ro) SGatember 5, 2000 my hrn�jnd affixed my official seal, the Zee �Xnkerton [Typed Name of Notary Public] September 5, 2000 CERTIFICATE OF DIRECTOR OF FINANCE 1-14-Ij I certify that this contract is within the purpose of the appropriation to which it.is to be charged and that there is an unencumbered balance to the credit of such appropriation sufficient to pay therefor, and that the appropriate accounting entries have been made. John Richbourg Director of Finance Lwn 1--j pmlo 29 A r�V-O M Fort Hopg �Ra5mcnts KAM CORLEY a OWDS. ?A CC)D�AWOVM Den wow C.:= uaiw rwuwr.Lv EXHIBIT A . .................... cn ----- ---- - ASP I A "I rF --- ®R T, aLn STAM Fort Hopg �Ra5mcnts KAM CORLEY a OWDS. ?A CC)D�AWOVM Den wow C.:= uaiw rwuwr.Lv CITY OF CAPE GIRARDEAU Office of the City Manager - September 25, 2000 - The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Council Letter No. 343 Subject. Federal Aviation Administration Grant Offer — Airport Layout Plan Update Dear Mayor and Council Members: The Federal Aviation Administration (FAA) and the Missouri Department of Transportation provide grant funding to the Cape Girardeau Regional Airport for a variety of Capital Improvement Projects. In order to meet the State and Federal criteria for these projects the airport is required to periodically update our Airport Layout Plan (ALP). The ALP is a summary blueprint of capital airport facility projects determined through analysis of fature general aviation and commercial service traffic forecasting. Our current ALP is nearly ten years old and is in need of updating. The enclosed Grant Offer from the FAA provides 90% funding for this project up to a total of $84,000.00. The City's 10% share ($8,400.00) of the fiscal responsibility for this ftinding, is included in the airport's current budget. It is recommended that the City Council approve a resolution authorizing the City Manager to accept the Federal Aviation Administration Grant Offer for $84,000.00. Respectfully submitted, gBruceLoy r rt Ai rt Mlanager G. Miller M1-1-11" City Manager ro) BILL NO. 2000-214 RESOLUTION NO. r1o) �w A RESOLUTION ACCEPTING A GRANT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR AN AIRPORT LAYOUT PLAN UPDATE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby accepts a grant from the United States of America, acting through the Federal Aviation Administration, for an Airport Layout Plan Update, Project No. 3-29-0013-08. ARTICLE 2. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Grant Agreement with the United States of America, acting through the Federal Aviation Administration, for an Airport Layout Plan Update, Project No. 3-29-0013-08, Contract No. DTFA09-00-A-40049. A copy of said Grant Agreement is attached to this Resolution and made a part hereof. ARTICLE 3. The City Manager is hereby authorized to furnish additional reasonably necessary documents in connection with this project. PASSED AND ADOPTED THIS - DAY OF ATTEST: Gayle L. Conrad, City Clerk , 20 A. M. Spradling, III, Mayor Q) U.S. Department of Transportation Federal Aviation Administration r1o) Airports Division GRANT AGREEMENT Part I - Offer Date of Offer AUG 3 1 2OW Cape Girardeau Regional Airport/Planning Area Project No. 3-29-0013-08 Contract No. DTFA09-00-A-40049 TO: City of Cape Girardeau, Missouri (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated July 21, 2000, for a grant of Federal nds for a project at or associated with the Cape Girardeau Regional Airport/Planning Area which Project epop�Application, as approved by the FAA, is hereby incorporated herein and made a part hereof-, and fu WHEREAS, the FAA has approved a project for the Airport or Planning Area (herein called the "Project") consisting of the following: Airport Layout Plan Update (00) all as more particularly described in the Project Application. FAA Form 5100-37 (8-90) Page I of 4 Supersedes FAA Form 5100-37 pages I thru 4 NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, herein called Title 49 U.S.C.. and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share of the allowable costs incurred in accomplishing the Project, ninety percent (90%) thereof. Th:s Offer is made on and subject to the following terms and conditions: Conditions The maximum oblication of the United States payable under this offer shall be $75,600. For the 0 purposes of any future grant amendments which may increase the foregoing maximum obligation C V of the United States under the provisions of Section 47108(b) of Title 49 U.S.C., the following amounts are being specified for this purpose: $75,600 for planning $0 for airport development or noise program implementation. 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Title 49 U.S.C. 3. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total 1—IJ amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall carry out and complete the Project without undue delay and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor, 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before September 15, 2000, or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes o * f this Grant Agreement, the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal Grant Agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. FAA Form 5100-37 (8-90) Page 2 of 4 W (mow) 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this Grant Agreement. 9. It is understood and agreed that FAA will review the Exhibit A Property Map to assure tile Sponsor compliance with all applicable Sponsor Assurances (attached to Grant Agreement). and 0 any irregularitic(s) found by the FAA shall be brought to the Sponsor's attention for corrective action subject to FAA's satisfaction.. 10. It is mutually understood and agreed that if, during the life of the project, the FAA deterninics that 11 C the orant amount exceeds the expected needs of the sponsor the grant amount can be unilaterally reduced by letter from FAA advising of the budget change. Upon issuance of the aforementioned C� letter, the maximum obligation of the United States is adjusted to the amount specified. 4-- FAA Form 5100-37 (8-90) Page 3 of 4 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by Title 49 U.S.C., constituting the contractual obli-ations and ri-hts of the United States and the Sponsor with respect to the accomplishment of the Project and C C� compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL NVIATION ADMJNISTRATION --�'J \ W V—Ja—� (Title) anager ;ion Central Region Part H - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials refer -red to in the foregoing Offer and t, C, does hereby accept this Offer and, by such acceptance, agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this day of 20 City of Cape Girardeau, Missouri (Name of Sponsor) By (SEAL) (Sponsor's Designated Official Representative) Title Attest: Title: CERTIFICATE OF SPONSOR'S ATTORNEY acting as Attorney for the Sponsor, do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Missouri. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and Title 49 U.S.C. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of 20— Signature of Sponsor's Attorney �,-J FAA Form 5100-37 (8-90) Page 4 of 4 M 5-01 City of Cape Girardeau, Missouri Office of the City Manager Council Letter No. 344 September 18, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Authorization to Enter into an Agreement with EPIC Systems for Two Additional Wastewater Pump Station Sites to be added to the SCADA Remote Monitoring System Dear Mayor and Council Members: Included in this year's Budget is the continuation of upgrading the remote monitoring and control system for our wastewater pumping stations. There are a total of thirteen stations, of which three were upgraded last year. We recently requested an engineering, design and installation proposal for two additional sites for the Supervisory Control and Data Acquisition System (SCADA) monitoring system. EPIC Systems, Inc. is the engineering firm that has installed the sewer lift station control system under previous contracts. The two additional sites are the Cape Rock Lift Station and the Twin Lakes Lift Station. The staff recommends that the contract be awarded to EPIC Systems, Inc. The total anticipated cost for this project is $ 31,720.00. Please find attached a contract for services with EPIC Systems, Inc. for the project. It is recommended that the Council authorize the City Manager to enter into this contract. 2f K. Leslie lurks Director Michael G. M City Manager CAPE GIRARDEAU, MISSOURI CITY OF CAPE GIRARDEAU DIVISION OF PLANNING SERVICES 401 INDEPENDENCE STREET-P.O. BOX 617 CAPE GIRARDEAU, MISSOURI 63702-0617 PHONE: 573-334-8326 A[ 3F NORTH/SOUTH ADDRESS DIVIDING LINE I 91 I MISSOUR( ft Ito tvwwow Hus sl 4�p PL'0*10 BOULDER CREST LIFT STATION I- A A(x MWWOOD DR VAULT EW LN. EAME SREC� DR, .0,, ROAD FA"q DR. DR, Cive PWASAHT DR. STAG COLLIN5 PT�� F— Tlk LAKE E 51 ZDWORAlt \'j DR. TWIN LAKES LIFT STATION ;z DR. A Sxv ROUTE OWN 0, MANGE DR. 00. RD. PERCY DR. RD. No. 203 9. L STONEBRIDGE LIFT STATION s 2d rd roo) BILL NO. 2000-239 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSULTING AGREEMENT WITH EPIC SYSTEMS, INC., FOR ADDING TWO WASTEWATER PUMP STATION SITES TO THE SCADA REMOTE MONITORING SYSTEM BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Consulting Agreement with EPIC Systems, Inc., for adding two (2) additional wastewater pump station sites to the Supervisory Control and Data Acquisition System (SCADA) monitoring system. 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 , 20 A. M. Spradling, III, Mayor EPIC Systems, Inc. Standard Consulting Agreement This Consulting Agreement (this "Agreement") is agreed to August 17, 2000, by EPIC Systems, Inc. (hereafter EPIC) a Missouri corporation, having a principal place of business at 11124 South Towne Square, Suite 102, St. Louis, MO 63123 and City of Cape Girardeau, Missouri (hereafter "Client") having a principal place of business at 401 Independence Street, Cape Girardeau, MO 63 70 1. In consideration of mutual covenants in this Agreement, EPIC and Client agree as follows: Term. This Agreement is effective on the date first written above and will continue in effect, unless terniinated earlier according to the terms of this Agreement, for a period of one (1) year. Client shall not be liable for, nor will EPIC be liable to provide any Services or Systems, or incur any expense on behalf of Client after the effective date of termination. Termination. A non -defaulting party may terminate this Agreement at any time by giving written notice to the defaulting party, effective immediately, if any of the following events occur: A party, the defaulting party, fails to perform any obligation or remedy any default under this Agreement, including any act of repudiation or wrongful rejection, within thirty (30) days after the non - defaulting party has given the other party written notice of such failure, or 2. Client fails to pay EPIC any moneys owed or accruing from this Agreement or any Work Order under this Agreement. If Client's delinquency is not corrected within ten (10) days after EPIC gives Client written notice of delinquency. In the event of any default, the non -defaulting party shall have the rights and remedies available to it in law or in equity, and termination of the Agreement under this paragraph shall not preclude recovery of damages suffered by the non -defaulting party as a result of the default. Once a party has defaulted hereunder, the non -defaulting party may cease its performances until the default is cured, and no ftirther performance is required if this Agreement is terminated pursuant to this paragraph Deliverables. The entire right� title, and interest throughout the world to the Deliverables or other intellectual property rights pertaining to EPIC will be vested in and held by EPIC, except for (1) any work, trademark and/or invention that is in the public domain, or (2) any work, trademark and/or invention that EPIC designs specifically and exclusively for Client in accordance with the terms of a Work Order specifically identifying the Deliverables so designed. Each party agrees to execute any and all documents prepared by the other and to do all other lawful acts as may be required by the other party to establish, document and protect the rights provided herein. Client Supplied Resources. All rights, title, and interest in and to any programs, systems, data, and materials furnished to EPIC by Client are and will remain the property of Client. Upon identifying a problem with Client supplied resources, EPIC will immediately notify Client. Client may correct the identified failure or may request EIPC correct the identified failure. Client agrees that if EPIC is requested to correct the failure, and Client does not have a Support Agreement with EPIC, then Client will compensate EPIC at our then standard rates plus any cost incurred by EPIC. If so requested by Client, EPIC shall be paid or reimbursed for (1) EPIC's time to diagnosis any problems with or incompatibility of Clients equipment or software, (2) EPIC's time and cost to contact vendor to diagnosis any problem with or incompatibility of Clients equipment or software and to determine if the manufacturer desires to repair or replace the product or any component thereof, (3) EPIC's time and costs for packing materials and shipping charges for replacement component or product, (4) EPIC's time to pack and ship Client defect product, and (5) EPIC's time to download software, install, and test the repaired or replacement component or product. Compensation of EPIC's Personnel. EPIC will bear sole responsibility for paying compensation and benefits to its personnel in accordance with current policies.. EPIC and it's subcontractors will pay and report, for all personnel assigned to Client's work, federal and state income tax withholding, social security taxes, and unemployment insurance applicable to such personnel. EPIC agrees to defend, indemnify, and hold harmless Client, Client's officers, directors, employees, and agents and administrators of Client's benefit plans from and against any claims, liabilities, or expenses relating to such compensation, tax, insurance, or benefit matters. Client will promptly notify EPIC of such claim, when and as it comes to Client's attention, cooperate with EPIC in the defense and resolution of such claim, and not settle or otherwise dispose of such claim without EPIC's prior written consent, such consent not to be unreasonably withheld. Additional Value From Hiring. Client acknowledges that EPIC provides a valuable service by identifying and assigning its personnel and its subcontractors to Client's work. Client further acknowledges that Client would receive substantial additional value, and EPIC and its subcontractors would be deprived of the benefits of its work force, if Client were to directly hire EPIC's or its subcontractors personnel after they have been introduced to Client by EPIC. No Hiring Without Prior Consent. Without the prior written consent of EPIC, Client will not recruit or hire any personnel of EPIC or its subcontractors who are or have been introduced to Client or assigned to perform work for Client until one (1) year after tem-lination of this Agreement. Hiring Fee. If Client hires any EPIC personnel, or personnel of its subcontractors who have been introduced to Client or have been assigned to perform Client work, Client will pay EPIC, within thirty (30) days of the date of such hiring, an amount equal to thirty percent (30%) of the total first year compensation for said person as a fee in exchange for the additional benefit obtained by Client provided by EPIC. Independent Contractors. The parties are and will be independent contractors to one another, and nothing in this Agreement will be deemed to cause this Agreement to create an agency, partnership, or joint venture between the parties. Nothing in this Agreement will be interpreted or construed as creating or establishing the relationship of employer and employee between Client and either EPIC or any employee or agent of EPIC. EPIC Insurance. EPIC agrees, during the term of this Agreement, to maintain at EPIC's expense, all necessary insurance for its employees, including but not limited to , workmen's compensation, disability, and unemployment insurance, and to provide Client with certification upon request. Work Space. Client agrees to provide working space and facilities, and any other services and materials EPIC or its personnel may reasonably request in order to perform their work. All work will be performed in a workmanlike manner by EPIC personnel. EPIC will make sure its employees at all times observe security and safety policies of Client. Indemnification. Each party (the "indemnifying party") agrees to inderrinify and hold the other party, its officers, employees, contractors, agents and their employees (the "indemnified party") harmless from any costs, claims, damages, or liability of any sort as a result of the negligent acts of the indemnifying party or the failure of the inderrinifying party to perform its obligations hereunder, which, in either case, result directly in personal injury or property damage. Loss of Data. In no event will EPIC be liable for loss of data or records of Client, it being understood that Client will be responsible for ensuring proper and adequate back-up and storage products. Residual Rights. EPIC and its personnel will be free to use and employ its and their general skills, know- how, and expertise, and to use, disclose, and employ any ideas concepts, know-how, methods, techniques, or skills gained or learned during the course of any assignment, so long as it or they acquire and apply such information without disclosure of any confidential or proprietary inforriiation of Client which has been so designated by Client, and is not available in the public domain. r,w) Definitions. "Deliverables" shall mean all services, software and hardware to be delivered and installed for or on behalf of Client. The Deliverables will include products available to the general public as well as products and systems designed by EPIC. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Missouri and shall be deemed executed and entered into in the State of Missouri regardless of where last signed. The parties consent to personal jurisdiction and venue of any dispute arising pursuant to this Agreement in the State Courts of the City or County of St. Louis, Missouri. Summary of Purpose - This work order will provide for design, development, and implementation of a multi -station supervisory control and data acquisition (SCADA) system for the wastewater treatment operations of the City and level monitoring of Cape LaCroix Creek. This work will include engineering design, software engineering, system fabrication, system installation, system start-up, operator and maintenance training, and electrical and software documentation. Scope of Services - To be provided by EPIC Systems, Inc. A. System Fabrication and Installation a. Fabricate RTU's (Remote Terminal Units) to Design Specification package b. Program Master RTU and Computer system to the above Design Specification package c. Bum -in testing of all electrical components greater than 72 hours d. Install RTU's according to Design Specification e. EPIC Systems will be responsible for coordinating, supervising, and warranting all Fabrication and Installation labor B. System Startup and Operator Training f, Assemble Documentation package with Operator Training Manual r""N g. Start-up and System Commissioning, Qualification, Verification. h. Obtain City approval and acceptance on installed system based on Design Specification i. Warranty equipment and software for one (1) year from the date of acceptance. j. Technical support, including site visits if necessary, will be included in the cost of equipment, fabrication, and installation A. Component Listing Qtv. Description I Wastewater Remote Terminal Unit (RTU). RTU System per engineering specification TERMINAL STRIP FUSE TERMINALS Lighting Arrestor 24v POWER SUPPLY 2 PLUG SURGE PROTECTOR ENCLOSURE I I OV Transformer Radio Modem Antenna 2" Wire Way (white) 2" Cover (white) 1* Wire Way (white) 11" Cover (white) UPS Entry alarm magnetic switch Fiberglass NEMA 4X Enclosure Allen-Bradley PLC MicroLogix Controller Remote RTU Radio System 4 Analog Inputs/ 1 Analog Output 16 Digital Input/Outputs PC Anywhere Remote Software 1492-HM1 1492-H4 AA162 AA1 74 ISOBAR 2-6 C-242406 0.5KVA 192C Omni -directional 2X2 High density slotted 2' 1x2 High density slotted 1. SMT280B (52F696) Client Responsibilities - City of Cape Girardeau will be responsible for providing reasonable access to all remote pump stations, main wastewater plant and associated equipment. City of Cape Girardeau will provide employees to assist as required to review operational issues as they relate to the clients' application software. Personnel - EPIC will provide qualified consultants, engineers, programmers and electricians for the work described above. EPIC will utilize ECI (Electrical Contractors Inc.) of Cape Girardeau, for the installation of hardware equipment. Pricing - The work will be billed on a Time and Material basis. Cost per hour of EPIC consultants are as follows: Engineering - ($75.00)per hour Electrician - ($45.00)per hour Payment Schedule - Monthly invoicing based on hours and material expenses received. Material cost will be accompanied with packing list and receive tickets. Time sheets will be included with each invoice. Terms are net 10 days with a 5% retainage being held on all invoices. The retainage will be released upon completion of the deliverables of each item listed under Scope of Services provided by EPIC System, Inc. ITEMS A.),B.),C.) PRICE: Master and RTU System The following is the cost of a remote Lift Station to be installed and integrated into the WWTP SCADA systern. Lift Station RTU $ 15,860.00**** note: A discount of $ 1,500.00 per RTU can be used if the RTU's are ordered and installed in groups of three (3) or more. This allows EPIC Systems, Inc. to pass along a quantity discount of $ 1,500 per RTU because of the fabrication, installation, and start-up time needed for each system. Executed by the Engineer this _ day of _, 2000 Executed by the City this _ day of _, 2000 FOR: City of Cape Girardeau City FOR: EPIC Systems, Inc. BY: BY: 1_�7 ., Michael G. Miller, City Manager Matthewk�l Partner ATTEST: -\ATTEST: Gayle L. Conrad, City Clerk /,John) Schott P W -A 5� APPOINTMENTS 5 -1 L w CITY OF C"E G11URDEAU Office of the City Manager The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Appointment to Board of Appeals Dear Mayor and Council Members: Council Letter No. 345 Agenda September 25, 2000 Mr. Farris Nabors' term on the Board of Appeals is set to expire September 4, 2000. Mr. Nabors has expressed an interest in being reappointed to the board, and his advisory board summary sheet is attached. A copy of the board roster is also attached for your information. Over the last 12 months this board has held only one meeting, and Mr. Farris was in attendance for this meeting. Section 12 1. 1. 1 of the 1993 BOCA Code (as amended by the city) stipulates that the Board shall consist of seven individuals, not more than two from each of the following professions: (1) registered architect, or builder or superintendent of building construction with 10 years experience; (2) registered design ?rofessional with structural engineering or architectural experience; (3) registered design professional with %echanical or plumbing engineering experience, or mechanical or plumbing contractor with 10 years experience; (4) registered design professional with electrical engineering experience or an electrical contractor with 10 years experience; (5) registered design professional with fire protection engineering experience or a fire protection contractor with 10 years experience. Mr. Michael Annis has submitted his application to serve on this board. However, Mr. Annis' profession qualifies him under item number one above, and there are already two individuals serving on this board that meet these qualifications. Therefore, due to the regulations that no more than two individuals from the same profession serve on the board, Mr. Annis would not be eligible to serve on the board at this time. It is recommended that one appointment be made to the Board of Appeals for a ten -n expiring September 4, 2005. If you need any further infortnation, please let us know. Respectfully submitted, e L. Conrad Clerk M ic i6fiael G. Miller City Manager CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees August 21, 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 terrns commencing January 8, 1996. Farris Nabors (contractor/electrician) Anton J. Sebek (architect) Leonard Henson (engineer) Paul Grebe (plumber) Thomas E. Phil llips(arch i tect)(al ternate) Ralph Maxton (electrical engineer) David R. Alberson (architect) Mark Strickland (mechanical)(alternate) David C. Pfeiffer (structural engineer) Board qf Ap pea Date Appointe Date Reappointed Term Expires December, 1995 December 4, 1995 September 4, 2000 June, 1990 July 1, 1996 June 4, 2001 July 7, 1997 --- June 4, 2002 May 15, 2000 --- June 4, 2002 May 4, 1998 --- May 4, 2003 June,1993 June 1, 1998 June 4, 2003 July, 1993 May 17, 1999 June 4, 2004 August 21, 2000 June 4, 2004 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: (1) Registered design professional that is a registered architect; or a builder or superintendent of building construction with at least 10 years experience 5 of which shall have been in responsible charge of work; (2) Registered design professional with structural engineering or architectural experience; (3) Registered design professional with mechanical or plumbing engineering Mferience; or a mechanical or plumbing contractor with 10 years experience 5 of which shall have bene in responsible charge , 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) CIO CA Qn 4- C� CM 0 W, 0.41 W" 00 P4 Cld ol Q P4 E� CIO CA Qn 4- C� CM 0 W, 0.41 W" CITY OF CAPE GIRARDEAu, missoupi -BOARD MEEMBER SUMMARY Name Telephone StreetAddress 16,�?91 A), L_17,01 Year Current Residence in Cape Girardeau Began Current Employer and Position Previous Employers and Positions In which Board(s) are you interested? f C2 Alde A)4 10A) + iil�� qdi), Ponm'k — 1'Nt)C-STM'_'016_ (?Omm; 135V b.:41'194t Special Qualifications for specific board(s) (include past board service) &0%iv EducationalBackground f—!? 4 F__ /e- , V d 64 Community Activities (Include offices held and committee service) 09Z_907C0ft-tA7d'#0C� Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly _L� 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 Board Member Summary Sheets are valid for one year from the date that they are signed. I -�L �L CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Day 3 -2= Name Telephone: Evening '33!5 - /TS7�(-=, Home Address Cckrc)� C_;" Year Current Residence in Cape Girardeau Began I z E Current Employer and Position tr-- Previous Employers and Positions S�(3010tq r In which Board(s) are you interested? Special Qualifications for specific board(s) (include past board service) I . (/�, Bc,-) I �j � L 11 Educational Background —=> S� Communi�y 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 L,--' B. Morning Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. that future membership on the board is no longer your Gesire. Three (3) consecutive unexcused absences will be Signed Date Sheets are valid for one year from the date that eyy are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702- 617- �o �il 5-01 LIQUOR LICENSES n MO CX. - CITY OF CAPEGIRARDEAU 401 INDEPENDENCE P 0 BOX 617 Q.` CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL (HEE! Date of Submitted: 8-18-00 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from DES= 12 IM d/b/a BROUSSARD'S located at 120 N MAIN for a RETAIL LIQUOR BY TM DRIM AND SJNDAY SALES -license. Please complete inspection and return to the Finance Department. Referred to Police Department 8-18-00 Date Referred to City Inspector 8-18-00 Date Notice (sign) given to Applicant N/A for Council Meeting ocTc)BEg 2, 2000 Date Date APPROVED DISAPPROVED DATE COMMENTS POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER MO CITY OF CAPEGIRARDEAU 401 INDEPENDENCE P 0 BOX 617 CAPE GIRARDEAU MO 63702 FAX:573-335-7946 CG PH:573-334-1332 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL RE, VIE'W Applicant DESTC)CK 12 INC Managing Officer MICHAEL EDWARD NVOMM Business Address 120 N MAIN Type of Liquor Licellse— RETAIL LIQUOR BY RM-D—R-1NK-AN--qUNDAY-SALES— Type of license ill last 6 nionths SAME Approval o Ap licant by Poficerl)VG4 Date 7 - -Signatu e_ Inspection Personnel: Zoning Classification C - -3 The applicant W(=Sno)) required to post the notice required under Ordinance No. 376, See. 5-23-1. , (I -ja� f 'no required under Ordinance No. The applicant XkXs -_) posted for 10 days the notl 376, Sec. 5-23-1 Tilts structut-OK (�[C—noD within 200 feet of a church or school building. Tilts structure (is, is not) zoned correctly as required under Chapter 3 of the City Code of Ordinances. Date 9 Signature7�277 This liquor license was conditionally approved by the City Council at their meeting on �j 29 rk-f CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQ UOR ESTABLISHMENT A CTIVITY REPOR T NAME OF BUSINESS. Broussard's BUSINESS ADDRESS. 120 North Main MANAGING OFFICER: Mr. Michael Edward VonHasseln SUMMAR Y OF A CTIVITIES EFFECTING THE ESTABLISHMENT. There is no criminal record on file for Mr. VonHasseln. Thefollowingis a listing of incidents at the above location that requiredpolice intervention following their last approval date: Stealing — I incident Property Damage — 1 incident The Missouri Division of Liquor Control suspended their liquor licensefor three (3) days January 24, 2000for a violation that had occurred June 18, 1999. 001, , 10% 1 - 1, - C04-, "Irownt, MW1,42Y Se ptember 7, 2000 DATE OF REPORT r) CGPD FormW 12 MO CITY OF CAPEGIRARDEAU 401 INDEPENDENCE P 0 BOX 617 U CAPE GIRARDEAU MO 63702 5W PH: 573-334-1332 FAX: 573-335-7946 r) 59 INSPECTION FORM FOR LIQUOR LICENSE (:97PLICATION: (circle one) rc., r EW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 9-1-4-00 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from JCHN C STM for a 5% BEER BY TH&.DRIW NOV 15 - 17. ?(-)()o license. Please complete inspection and return to the Finance Department. Referred to Police Department. Referred to City Inspector 9-14-00 Date Date Notice (sign) given to Applicant N/A for Council Meeting__91-25-00 Date Date APPROVED DISAPPROVED DATE COMMENTS POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER CITY OF CAPE GIRARDEAU POLICE DEPARTMENT LIQUOR ESTABLISHMENT A CTIVITYREPORT NAME OF BUSINESS: Southeast MO Hospital Foundation BUSINESS ADDRESS: ShowMeCenter MANAGING OFFICER: Mr. John C. Stotz SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT - There is no criminal record on file for Mr. Stotz and there are no reports of incidents for the Foundation that requiredpolice intervention in myfile. CHIEF OF POLICE LT. LEONARD D. RA TLIA0 DSN 7 17-/9-06 DATE OF REPORT CGPD Form #112 SEP -11-2000 09:06 CITY MANAGER CAPE GIR MO P.01/01 CITY OF CAPE (;IRARDEAU Form NO. 3 STATE OF MISSOURI n APPLICATION FOR TEMPORARY LIQUOR LICENSE PERMIT CHECK ONE OR MORE: $10-00 License Fee Retail 3.2% Non -Intoxicating Beer by Drink (E) Picnic License XX 51 Beer by Drink*(F) NAME OF APPLICANT ORGANIZATION Southeast Missouri Hospital Founda-tion PHONE NUMBER (57_3) 651-5510 NAME OF BUSINESS OR LOCATION WHERE LICENSE WILL BE USE N LICENSE REQUESTED FOR PERIO 63701 Seven Days Maximum M—XXXXtO Nov. 17, 2000 M . _K_ FUNCTION OR EVENT FOR WHICH LICENSE IS REQUESTED:One-day fLInd rqjqjng fn_,V,,z t CRIPTION OF LOCATION WHERE MERCHANDISE IS KEPT AND SOLD: — Give away. Ticket sales for entire event. PLEASE ATTACH A COPY OF A SKETCH PLAN SHOWING LOCATION OF THIS BAR IN RELATIONSHIP TO THE TOTAL PROPERTY (Include intervening streets). This need not be drawn to scale, but should be a schematic representation of the layout of the buildings and bars to determine that provisions of the ordinance are met. I, the undersigned, understand and agree that if any of the above answers or statements, including the sketch plan, are untrue and the license herein applied for is granted, such license may be suspended or revoked by the City Council. I further understand and agree that if I, or any of MY employees, shall violate the provisions of any ordinances of the City of Cape Girardeau, Missouri or allow others to do so upon the licensed premises, the City Council May suspend or revoke this SPECIAL license. I further understand that this is a SPECIAL PERMIT and is good only for the period covered above. Applicant Representative: .John C_ ,, t o f 7 st Name Middle Initial Last Na '�-16-42 Date of �1rth 320-34-1445 TOTAL P.01 I (9) V-4 � a pi 39 a czi�j a -T- I m M e qw n MO CITY OF CAPEGIRARDEAU 401 INDEPENDENCE P 0 BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE PPLICATION: (circle one) I WrDa'(r- E EW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 9-18-00 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from ST VINCENT DEPAUL SCH00L d/b/a located at A C BMSE ARENA BUIIDIW, 410 KIWANIS for a — 5% BEER BY THE DRINK, ITHPORARY LIQUOR NOV. 4., 200(license. Please complete inspection and return to the Finance Department. Referred to Police Department 9-18-00 Date Referred to City Inspector, N/A Date Notice (sign) given to Applicant N/A POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR Date APPROVED 1-1� for Council Meeting__2-25-00 Date DISAPPROVED DATE COMMENTS V2-0 The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQ UOR ES TABLISHMENT A CTIVITY REPOR T NAME OF BUSINESS: St. Vincent de Paul Home & School Assn. BUSINESS ADDRESS: ACBraseBuilding MANAGING OFFICER: Ms. Mary K. Patterson SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT-' There is no criminal record on file for Ms. Patterson and no reports of incidents at the abovefunction that requiredpolice intervention in myfile. 017� W W LEbNARD D. RATLIFF, Jra� �- o -06 DATE OF REPORT CGPD Form #112 �j YC 0z9__'/ CITY OF CAPE GIRARDEAU STATE OF MISSOURI APPLICATION FOR TEMPORARY LIQUOR LICENSE PERMIT CHECK ONE OR MORE: V -*- Form No. 3 $10.00 License Fee 3.2% Non -Intoxicating Beer by Drink (E) 5% Beer by Drink (F) NAME OF APPLICANT ORGANIZATION _Si.V�nC_<Zo� cl-epowisckc0t PHONE NUMBER NAME OF BUSINESS OR LOCATION WHERE LICENSE WILL BE USED I ea(i ';t000 �j 1 0 LICENSE REQUESTED FOR PERIO V9 to q i00— Seven Days Maximum FUNCTION OR EVENT FOR WHICH LICENSE IS REQUESTED: + - Vlncan� cJe- Pno I Lme- and Sc Vx� I kuc�inn CRIPTION OF LOCATION WHERE MERCHANDISE IS KEPT AND SOLD: pea W-4 0 WWR � PLEASE ATTACH A COPY OF A SKETCH PLAN SHOWING LOCATION OF THIS BAR IN RELATIONSHIP TO THE TOTAL PROPERTY (Include intervening streets). This need not be drawn to scale, but should be a schematic representation of the layout of the buildings and bars to determine that provisions of the ordinance are met. I, the undersigned, understand and agree that if any of the above answers or statements, including the sketch plan, are untrue and the license herein applied for is granted, such license may be suspended or revoked by the City Council. I further understand and agree that if I, or any of my employees, shall violate the provisions of any ordinances of the City of Cape Girardeau, Missouri or allow others to do so upon the licensed premises, the City Council may suspend or revoke this SPECIAL license. I further understand that this is a SPECIAL PERMIT and is good only for the period covered above. Applicant Representative: Ln —Fi &rs t4(a ime —M Kid AdlLe LN 1 t i /Signature 66 - C_k0'I Do-uson n5lat4eo Birth , D Ro-sition with'Appli—cant OFg--a-n-lization LAQ - OOLI— (00qq ��=cia7l Security Number a Iwo cc cc 0 OTHER L, �i WL ril CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 346 Agenda September 25, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Acceptance of Storm Sewer Relocation Across Kidd Oil Co. Property Located at 103 North Kingshighway This relocation of the storm sewer line which runs across Kidd Oil Co. located at 103 North Kingshighway has been completed in accordance with the plans and specifications approved and is ready for acceptance into the City's storm sewer system. A motion to accept this storm sewer relocation into the City's system is requested. MAL/MGM/dc Respectfully submitted, Ma ,yKA. Lester, P.E. Oy Engineer MOchael G. Miller City Manager a ic LOCATION MAP FOR: KIDD OIL COMPANY STORM SEWER RELOCATION CITY OF CAPE GIRARDEAU, MISSOURI M- Office of the City Manager Council Letter No. 34 7 Agenda September 25, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Motion to Accept Effluent from Sanitary Sewer Serving Place Collegiate Properties The developer of the Place Collegiate apartment complex located at the intersection of North Sprigg Street and Bertling has completed construction of a sanitary sewer to serve this area. This is a private line, constructed under a private contract and inspected by city construction inspectors to assure compliance with city regulations. Since the sanitary sewer connects to the city's sanitary sewer, it is necessary that the City agree to accept the effluent from this line; therefore, it is requested that the Council now accept, by tMmotion, the effluent from this line into the City's system. MAL/MGM/dc ro� Respectfully submitted, A. Lester, P.E. Michael G. Miller City Manager r4l's a LOCATION MAP FOR: PLACE COLLEGIATE PROPERTIES CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 348 Agenda September 25, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Request for Rezoning from R-3 to C-1 and Special Use Permit for Mini -Storage Units At its meeting September 13, 2000, the Planning and Zoning Commission heard a request from 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. The Planning and Zoning Commission is recommending that the request for rezoning and Special Use Permit be disapproved. The motion was made for approval of the request, with the vote being 0 votes in favor, and 11 votes in opposition. The principal factors considered by the Commission were the adverse impact on the neighboring residences, the limited area of the lot, and the proposed loss of parking spaces at the adjoining laundromat. This item was considered at the August Planning and Zoning meeting and tabled until the September meeting. Neither the applicants nor their representative appeared at either meeting to answer concerns regarding this location. M,l If the Planning and Zoning Commission recommends disapproval of an application, the Council may set a public hearing upon its own motion; or the Council may, by motion, file such recommendation of rejection and the application shall thereupon be deemed rejected unless, within 10 days from such filing, the applicant files a written request with the City Clerk for a public hearing or makes an oral request therefor at a regular or special meeting of the City Council, whereupon the council shall set such public hearing. W If the Council chooses to set a public hearing on its own motion, publication requirements could be met for the October 23, 2000, or November 6, 2000, Council meeting. If the Council files the disapproval recommendation, we will notify the applicant in writing of the Council's action and theten day requirement to request a hearing if the applicant wishes to pursue the application further. It is recommended that the Council either set a public hearing on this rezoning and Special Use Permit request or file such request for 10 days. KBM/MGM/rlf 7tfully submitted, Bratton Planner Michael G. Miller City Manager CITY OF CAPE GIRARDEAU ro) PLANNING AND ZONING COMMISSION RESPONSE Request for Rezoning and Special Use Permit Recommended Action: 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 recommended for disapproval. (Motion was made for approval.) Vote Count: Favor — 0 Oppose — I I Abstain — 0 Date Recommendation Made: rn September 13, 2000 List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens in attendance at meeting: None ro) Secretary "I" CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Rezoning and Special Use Permit Recommended Action: 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 to the September meeting and that additional information be requested from the applicant. Vote Count: Favor — 8 Oppose — 0 Abstain — 0 Date Recommendation Made: August 9, 2000 -.Ili List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens in attendance at meeting: Marvin Deneke — 1215 William Street Skretary Y Y CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For (000) Rezoning M OR 1a1`7 Special Use Permit 0 File No. 9 713 Address of Property fc-4;A;5 William \Sfree-+ CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? Y -es 2. Is plat sufficient? Alo-� 3. Will intended use conform to requested zoning? re -5 4. Has intended use already commenced? go 5. Comments: V& City Planner/Development Services Coordinator Date a a 0 0 a a 0 a a a a 0 a a a 0 a 0 a 0 a a 0 a 0 a 0 a 0 a a 0 a a a a a 0 a a a a 0 a 0 0 a 0 a a a a a a a a a a 0 a 0 a 0 a a a a a 0 0 0 a 0 0 a a a as CITY ATTORNEY: 1. Is legal description sufficient? 2. Will intended use conform to requested zoning? 3. Can requested Special Use Permit be legally granted9 4. Comments: City �qqrn .,ey Ifi; 7Je�S�IW�,VO Dat� CITY MAJ4AGER. REFERRAL TO PLANNING AND ZONING COMMISSION: Manager, Michael G. Miller PLANNING SERVICES STAFF: -�'Z y '-nezz'-) Date 1 . Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date Revised 4/21/1998 M City of Cape Girardeau, Missouri Application For NJ Rezoning - Rx OR Special Use Permit - 2 Date Received in Planning Services Office: '7 - A I - t, 0 _ By: -QVrvrTAW A 1. Description of the project: Storage buildings on lot next to laundry we own 2. Street address of tract (or other location description): f225 William St. Corner of Willaim and Park I a 17 L111% 3. Names and addresses of all legal owners of tract: Michael L. & Debra K Annis 3934 Carolwood, Cape Girardeau 4. Present zoning classification: R-3 / t-* - 141. 5. Requested new zoning classification: CI -d storage 6. Requested special use: r4l*t2s' 7. Person handling this application (name, address, phone number): Michael Annis 3934 Carolwood, Cape Girardeau 335-7856 home 334-0232 work 8. If tract is to be transferred, name and address of intended owner: 1 --IJ Page 2 9. 1 STATE UPON MY OATH THAT ALL THE INFORMATION CONTA04ED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): Name Date Name Date 00 9 9 SECMON B I. Legal description of tract: row) Lot 4 in Block 20 of West End Place Second Addition in the city of Cape Girardeau, Missouri, as shown by plat recorded in plat book 2 at page 13. known as: 1217 William Street ro) Page 3 2. Anach to this applicati a scale plat of the tract, on an 8 % by I I 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. C. All adjoining and cornering property lines and references to all owners listed in Section C. f. Zoning classification of all adjoining and cornering property. N YOM V 57" U6 1. List names and addresses of ALL adjoining landowners. Include land which comers on tract or which is across streets or alleys. Marvin L. Deneke 1215 William Peter E. & Waneta L. Cooper 214 S. Park Timothy J. & Teri M. Watkins 1212 Goodhope Otto M. & Robin M. Goehman 128 Lake Circle Jackson, Mo 63755 Lot across street on William page 4 W- (000) 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. SEMON 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. Will be used as a mini storage site. 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. 99 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 C Page 5 SEMON E State the reasons why you believe the requested rezoning or requested special use pem3it will be beneficial to the neigbborhood and the City. I'm not sure it would be of any benefit to the city or the neighborhood. At the same time it wouldn't be of any harm either. I own the laundry next to the lot in question and would enter the property off of Park to avoid Williams traffic. The storage buildings shouldn't cause any additional noise, traffic or any other problems. We have people that take care of the laundry that would maintain this building also. ReAW IMIM �-j Ara rd M Gpoodhope 'l-,)'treet 58.4 5 8A I Lq q ILq Ln In 01C) 0 0 Zoning R-3 Zoning R-3 Zoning R-:! lot #6 lot #7 lot //8 58.4' 58.4' 5 8. 4'_ 16' Alley not used 5 8. 4' 58.4' 58.4' BLOCK 'T\0 / Cj U) Y In Lq Ln U-) Ln I A-) 0 0 6 LC) (f) Zoning R-3 Zoning R 3 Zoning C--1 lot #3 lot #4 lot #5 8 --. 4' 58.4' 58.4'— William Street 135' Zoning R-3 lot #19 block 13 4-j BLOCK 21 CAR WASH 70NING R-3? 6 K lu � --A Wvo;" ) LI C z �g w 0 CL x LLI LLI CD co E N Irm F— E M CD 0 cu N C,) (u m 0 0 CL CL N N 4n<l CD CD C, -0 LL. I cm CD DIVISION OF PLANNING SERVICES PHONE: (573) 334-8326 FAX: (573) 651-0860 Michael L. and Debra K. Annis 3934 Carolewood Drive Cape Girardeau, MO 63701 August 14, 2000 �_J CITY HALL 401 INDEPENDENCE P.O. BOX 617 CAPE GIRARDEAU. MO 63702-0617 RE: Rezoning and Special Use Permit Application for 1217 William Street Dear Mr. and Mrs. Annis: On August 9, 2000, the Planning and Zoning Commission reviewed your application for rezoning 1217 William Street and for a Special Use Permit for mini -storage units at that location. The request has been tabled until the Commission's meeting on September 13 because several questions arose that could not be answered because no representative was present. �_J The Planning and Zoning Commission has requested that the information requested below be submitted to the Planning Services staff prior to August 30, 2000, to be included with the next agenda. I The Commission has asked for a new site plan that includes the existing laundromat site and the access drive or drives to Park Avenue that will serve the proposed mini -storage units. 2. In relation to the drive or drives, will it or they reduce parking for the laudromat to below requirements? 3. Is an easement being provided for the access across the laudromat lot? If so, where will it be located? 4. Will the entire lot around the storage units be paved? 5. The Commission would like to see elevation and architectural design drawings for the buildings. 6. No access to the lot will be allowed off of William Street. 7. A stormwater plan will be required. 8. The applicant will need to be present at the meeting Since the matter has been tabled, the Planning Services staff will renotify the adjoining owners of the next meeting date. Michael L. and Debra K. Annis August 14, 2000 Page 2 If you have any questions regarding this information, please feel free to contact this office. Sincerely, e ent M nt M. Bratton Director of Planning Services KMB/rlf cc: Charles Haubold, Chairman, Planning and Zoning Commission Td Koo V- LA cz *Poo P.Mg 01=4 00-4 4,60, �lj �lj cu E m z co E 0 c .0 E d) m 0 0 > 0 0 < > cr 0 v w 0 0. . IN.. HIM En z 0 F= a_ 0 z C) z Cll�,/, el) �r7 /i , Y/ z 9is- -A 5 ra ca x z C) < C z 3 z D 0 LA - 0 1 JS)TOMFR MPY 24'�-6' 160'-6' 1W n 16' Alley Used Storm water area Irn n.1w . - h,, -I, .. . . . bischwge. to All" chn t lot Easement for a cross tot ItOrIge owner weLD Building My wife so. d she woutd give it. co Z, < Easement 8' a cross tot "Can get Pnow owner weLD My wife so. d she woutd give it. Required Parking Q, 2 spaces first 1000sf 1 space for every 300s.f. above the 1000sf 1,400 s.f. then requires 4 spaces oo /0 m W -5-- V- lWky) William Street CO C;/ 1*101--i CITY OF C"E GUL4RDEAU M Office of the City Manager Council Letter No. 349 Agenda September 25,2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Request of Knights of Columbus Regarding Toolsie Roll Drive Dear Mayor and City Council Members: Attached is a letter received from Steve LeGrand of the Knights of Columbus Fr. Marquette Council #11205. The Knights are requesting they be allowed to solicit donations for their annual Tootsie Roll Drive on four specific street corners in the city on October 6 and 7. The Knights made similar requests in past years, and the City Council authorized the group to sell on the Friday evening but not on Saturday due to Homecoming at Southeast Missouri State University. However, this year Homecoming is scheduled for the weekend of October 21. For your information, the Alpha Phi Omega Service Organization has also requested to solicit donations on Saturday, October 7. This request is provided for your consideration. -If yo have any questions or need further IYYO) information, please let us know. *spectfully submitted, Michael G. Miller City Manager MGM:gc f -5 ego*) RE7CEIVED SEP Knights of Columbus 0 5 2060 Fr. Marquette Council #11205 Steve LeGrand 3618 Hopper Rd. Cape Girardeau, MO 63701 September 2, 2000 Mayor & City Council P. 0. Box 617 Cape Girardeau, MO 63701 Dear Mayor & Council Members: As in the past, I would like to thank you for your support of our Council and its activities. Your support has made it possible for us to reach many goals and provided a means for us to give back to the community. The Knights of Columbus is sponsoring its'nation wide Tootsie Roll Drive for the mentally retarded in October. Money collected during the drive is returned to help local organizations. Last year, our Council was unable to collect as in the past due to adverse weather. We are praying for better weather this year. Council #11205 of Cape Girardeau would again like to ask the City's permission to solicit from the same four select street comers we have worked in the past. 1. Kingshighway & William 2. Kingshighway & Broadway 3. Mt. Auburn & Independence 4. Perryville & Cape Rock The times would be from 3:30 pm - 6:30 pm on Friday, Oct. 6thand 8:00 am - 1:00 pni Saturday, Oct. 7h at these select locations. If any of these are unacceptable, we would settle for whatever the City permits. Thank you for your consideration in this matter. M. R. Chairman Fr. Marquette Council #11205 Crff OF CAPE GELARDEAU. Office of the City Manager Council Letter No. 350 Agenda September 25, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Request Regarding Funilruiserfor Alpha Phi Omega Serpice Organization Dear Mayor and Council Members: Attached is a copy of a letter from Deanna Harris regarding a fundraiser for the Alpha Phi Omega service organization at Southeast Missouri State University., It is being requested that the City Council waive the requirement for Alpha Phi Omega to have a vendor's permit by allowing the solicitation of donations at the intersection of William and Kingshighway between 7:00 a.m. and 1:00 p.m. on one of three dates: September 23, October 7 or October 28 (all are Saturdays). For your information, the Knights of Columbus have also requested to solicit donations on Saturday, October 7. In March of this year Sam's Club requested a similar campaign for the Children's Miracle Network to solicit donations at the intersection at Shirley Drive and Siemers Drive on a Saturday from 9:00 a.m. to 3:00 p.m. However, due to traffic and safety concerns, the Council denied this request. In July of this year, the Council approved the request of JAYS Amateur Athletic Union (AAU) boys basketball team to solicit donations on designated city streets. In addition, the Council has authorized solicitation on city streets for the YELL campaign and the Knights of Columbus tootsie roll campaign. This item appears on your agenda for consideration. If the Council chooses to grant the request, a motion will be needed to waive the requirement for the Alpha Phi Omega service organization to have a vendor's permit and to allow the solicitation of donations at the intersection of William and Kingshighway at A -"ted date and time. If you have any questions or comments on this issue, p15�m contact thioffice. y submitted, MichaeM. Miller City Manager MGM:gc Attachment 2858 Whitener Apt A4 Cape Girardeau, MO 63701 (573)334-1335 Cape Girardeau City Council P.O. Box 617 Cape Girardeau, MO 63702 Dear Cape Girardeau City Council, RE.CEL!`V""-1L1 SEFF 1 6 210 September 15, 2000 Alpha Phi Omega is an active service organization on Southeast Missouri State University's campus and in the Cape Girardeau community. We will be celebrating our 75th anniversary this year and will be attending a conference in Philadelphia, PA in honor of this grand event. By going to this convention we will be bringing many things back to the Cape Girardeau. Ideas for service projects such as: Habitat for Humanity, Humane Society, March of Dimes, Special Olympics, charity events, work with the elderly, Boy/Girl Scouts of America, Big Brother/Big Sister, and much much more. Our reason for writing is to ask if it would be possible to raise money for this conference by collecting money on the intersection of Williams Street and Kingshighway between 7am- I pm. These dates are the possible days that would work for our organization: September 23 October 7 October 28 Thank you very much for your time and consideration of this fund-raiser. This will benefit not only our organization but the community as well. Sincerely, eanna Harris Alpha Phi Omega Interchapter Relations Chair r4-) CITY OF CAPE GIRARDEAU, MISSOURI fN Office of the City Manager Council Letter No. 351 Agenda September 25, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Motion to Accept Improvement Plans for Crites 10' Subdivision Improvement plans have been submitted for the construction of street and water improvements to serve Crites 10' Subdivision, that conform to city specifications. This 2 lot subdivision will extend Shamrock Circle in Crites 11' Subdivision with Silver Springs Road. The developer of this subdivision has requested a variance to construct a 36' street width. Plans for the adjoining subdivision, Crites 1 Vh Subdivision, were approved with a 36' width at the September 5, 2000, Council session. It is recommended that the Council approve by motion the improvement plans, as submitted, for Crites I &Subdivision. MAL/MGM/dc 50 Respectfully submitted, ark A. ester, P.E. city eer Michael G. Miller City Manager r1l) CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 352 Agenda: September 25, 2000 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Subject: Motorcycle Helmet Law Dear Mayor and Council Members: The City of Cape Girardeau requires motorcyclists to wear helmets as prescribed by state law and city ordinance, even when participating in parades. The City Council has received inquiries from motorcycle enthusiasts requesting a parade exception to the helmet requirement. These individuals point out they have observed individuals participating in parades not wearing seat belts and riding in the bed of pickup trucks, which they believe are also violations'of law. State law (RSMo 302.020) and city ordinance (Section 26-346) requires every person operating or riding as a passenger on any motorcycle or motortricycle, as defined in RSMo 301.010, to wear protective headgear at all times the vehicle is in motion. There are no exceptions to either the state law or the city ordinance. State law (RSMo 307.178) and city ordinance (Section 26-229) require seat belts to be worn in passenger cars and pickup trucks. Both the state law and city ordinance, however, prohibit primary enforcement of seatbelt violations. This means no person may be stopped, inspected, or detained solely for a violation of either the law or ordinance. The officer would have to stop the operator for some other violation in order to take action for a seatbelt violation. Although seat belt violations are observed during parades, vehicle operators and passengers are requested to wear seat belts by law enforcement and parade officials. Both state law (RSMo 304.665) and city ordinance (Section 26-232) prohibit any person under 18 -years of age from riding in the unenclosed bed of a pickup truck. It is not illegal for a person 18 -years of age or older to ride in the bed of a pickup truck. Both the state law and the ordinance provides a parade exception. Thus, it is not a violation for any person to ride in the unenclosed bed of a truck while such truck is being operated in a parade, caravan, or exhibition. F� -I L& Page 2 of 2 It is my understanding a suggestion may have been made for the City Council to consider a city ordinance with a parade exception to the motorcycle helmet ordinance in an attempt to make it legal to ride a motorcycle in a parade without protective headgear. Such an ordinance would be prohibited by state law. Section 71.010, RMSo prohibits a municipality from enacting any ordinance in conflict to state law. Respectfully submitted Chief of'Police Michael G. Miller City Manager 404 M CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 353 Agenda September 22, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Mt. Auburn Road Restriping Responding to a request from the City Council the City Traffic Engineer has investigated the feasibility of restriping Mt. Auburn Road from Kingshighway to Independence from a two lane with protected left turns to a four -lane street. The following is for Council's consideration: In order to re -stripe the street, the on -street parking along the entire length of Mt. Auburn Road must be removed. This includes the portion of street in the residential area as well. There are 27 individual residences and 5 apartment buildings that will be affected by the removal of parking in front of their property. These properties are along the stretch of Mt. Auburn Road between Hopper Road and Thernis Street. All of the apartments or residential properties have either parking lots or driveways and all can park off street. If the council wishes to proceed, then the parking must be removed by ordinance. An ordinance prohibiting on -street parking will then be placed on the October 2 nd City Council agenda for first reading consideration. If the parking is removed, the striping work may have to wait until spdng due to the temperature requirements for the paint. Respectfully submitted, ga;VLester, P.E. Michhut-G_. Miller City Manager MMAIJMGM/mal 59 RE -STRIPING OF MT. AUBURN ROAD 0 'A LYNWOOD H S DR� L—E)aNGTON 71 CANNON P -Mai JASMLNE A' NORTH K GE RD. kF4 4 ."., TO �E�� DR. OSAGE LN. 4t WHEAD COMMUNITY CT. CENTRE tv- aFA 6�rft DR. LnniNE 4 IT TER DIL W WO(FWDGE 0 CHRYSLDt ftysLin 9R. OR, LaitsE All ZL PHEASANT N D w > DR. HOP RUN 0 STAG T. w fl� OKKL w GLENIA DR. OR B SOR I . 4 DR. OR INANDO, ROGE DR. N DO INDEPENDENCE DR. PERCY Dk OR, CORDO I , . A' NORTH ST. DR_ A ST. I a DR_ 000or CENME ORL SA. V, 1.), SCE. S1. O�, 1.), LArur ROAD 7 S, AUTOPA8 OR No scale kF4 4 ."., TO �E�� DR. WADow LN. tv- LnniNE 4 IT TER DIL W KAY Dp 0 CHRYSLDt ftysLin LaitsE LN. ZL ST. DR_ A ST. I a DR_ 000or CENME ORL SA. V, 1.), SCE. S1. O�, 1.), LArur ROAD 7 S, AUTOPA8 OR No scale %i -W CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Traffic Control Analysis Along Kenneth Drive Council Memorandum No. 38 August 31, 2000 Responding to a petition for traffic control along Kenneth Drive in the Woodland Hills/ Randol Farms area, the City Traffic Engineer has reviewed and investigated the concerns expressed by the citizens and reports the following: I - Place speed signs to indicate appropriate speeds along the street. ]a. Speed should be limited to 25 MPH on the entire street. ] b Speeds on curves should he limited to a safe speedfor the bend in the curve (Less than 25 MPH). There are three bends to be marked. Speed limits are set on the 85% speed. According to the speed studies conducted by the Police Department, the 85% speed on the street ranges from 29 MPH to 24 MPH. While the speed studies conducted by the City Engineer's Office indicate that the 85% speed ranged from 30 MPH to 33 MPH. The variance in the two is due to the different data gathering devices and locations along the road. Based on the 85% speeds, 30 -MPH is the correct speed for the street. Moreover, based on the traffic history and drivers habits, the speeds on the curves are appropriate and need not be changed. 2. Place 4 -way stop signs at the intersection ofKenneth Drive and Abbey and another at Kenneth Drive and Kent. No warrants could be met for stop signs at these locations. Presently, yield signs exist on Abbey Drive at Kenneth and two stop signs are in place on Kent Drive at Kenneth. There was one accident recorded on this road from January 1997 to June of 2000. This accident involved a vehicle striking a fixed object mid block. The traffic counts for this street have not changed much since 1997 and are normal for a subdivision this size. Visual inspection of the intersections does not show any hazards that could hide oncoming traffic. The placement of unwarranted stop signs would encourage disrespect for the signs and could possibly cause more accidents. 3. Provide police services to enforce traffic ordinances. A review of the speed studies does not reveal any particular time or pattern when speeding cars use the road. The police department will continue to monitor the area and respond to citizen complaints. MAL/MGM/dc Respectfully submitted, Ir City Engineer e422, ard L. ef of Police city G. .6 CITY OF CAPE GERARDEAU Office of the City Manager Council Memorandum No. 41 September 21, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Appointment to Board of Adjustment Dear Mayor and Council Members: Three alternate member tenns on the Board of Adjustment expired September 4, 2000. These positions are presently held by David Hinton, Mark Buerck, and Larry Dowdy. All three have expressed interest in being reappointed to the board, and their advisory board summary sheets are attached. Also attached is a roster for the board as well as the attendance records for 1999 and 2000. According to Section 30-61 of the City Code, "The Board shall consist offive members who shall befreeholders and residents of the city, appointed by the mayor and approved by the city council... Three alternate members may be appointed to serve in the absence of, or the disqualification of, the regular members. " Board members serve a five year term. Mr. Jess Hopple and Mr. Steven Peel have submitted an application for this Board. Copies of their summary sheets are attached. Unless directed otherwise, three alternate member appointments to the Board of Adjustment for terms expiring September 4, 2005, will appear on your October 9 agenda for consideration. If you have any questions or comments, please do not hesitate to contact this office. GLC:MGM:gc Respectfully submitted, Michael G. Miller City Manager P CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees August 21, 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 ten -ns commencing January 8, 1996. Board qf Adjustment Serve five year terms, appointed by Mayor, approved by Council. Meetings held first Thursday at 7:00 p.m. in the Council chambers. The City Attorney and Building Inspector meet with Board to present City's case. Staff contact - Inspection Services Director. (Beckie) Date Appointe Date Reappointed Term Expires Ivan Irvin June,1990 February 20, 1996 March 6, 2001 Bill Tipton March, 1997 --- March 6, 2002 Daniel F. Little February 17, 1993 February 17, 1998 March 6, 2003 Mark L. Stuart December 4, 1995 (alt.) 5/5/97; 2/16/99 March 6, 2004 William Browne November, 1987 2/21/95; 2/22/00 March 6, 2005 David Hinton (alternate) September, 1990 September 5, 1995 September 4, 2000 Mark Buerck (alternate) June,1995 September 5, 1995 September 4, 2000 Larry Dowdy (alternate) July 7, 1998 --- September 4, 2000 Serve five year terms, appointed by Mayor, approved by Council. Meetings held first Thursday at 7:00 p.m. in the Council chambers. The City Attorney and Building Inspector meet with Board to present City's case. Staff contact - Inspection Services Director. (Beckie) k- F. w z 9z --t Z z 0 > w Z W C, A -)�— I -*- 4< --*— tn en .1, C14 m m en m m CN CN C, r- 00 C, M ON 1-n C\ r- 00 ON C, C, -S4 CA e4 c-6 0 0 ztt: -.4 E� w z lz c6 7:r L Z;D L z 0;> W:g;mo w 9 0 u -D;D Z W PJ C E L L E A rJ C E L L A N C E L L E C4 u m t Z E� m tn t- wl a, W'i 00 C13 , Z 0 44/ 1 U/ 113137 2EJ: 02 13143397678 AMEHIbHLL; tlAut UZ *R-10-1997 12:10 CITY M"GEER-CAPE (51R M-0 5733357946 tl I,, _�i I CITY OF CAPE GMARDEAU2 NWSOURI BOARD MEMER SUMMARY fo� Name M44k A&I-4-e-k— 33 Telephone —L o 4. q z_ Street Address '0 It" A it.(. g-& z - Fox - Year Current Residence in Capt Girardcau Began q 7 Curreol Employer and P03itiOn '5F C -A /Z �z 1 .6 "vs ne Previcxis Ernployers and Positions k-&Aj c Yk S t P- E f2 SeVII-ey-d C-10 S I/ 4k ' S A F, In which Board(s) am you interester A d 1", � r SMiA101alifKations for 3pecific board(s) (include pag boaW service) __ ___ A LI e v L&o, q C _9ce - o 4 Ad, u s -t Eadheational Backgrntind LA, t e< elfc TrIc,41, 3-C L ire, Cnimintinify Agfiyjtif%_A (Include offic4s held awl committee service) 3- S f '> TAol�'I S C., t' I C." ( I —po'e- k: ( � '�� L ('_' � t' V , 'Y- /f ( 6 ( I# Mecting tinie(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly t--' Anytinie B. Morning Noon Afternoon Evening ±:L Anythne By signiilg this docunient, you agree to serve and attend rcgularly. Three (3) consecutive unoxcused absences will be regardcd as an indication that future manbership on the board Is no longer your desire. Signed Date 4-1 Lu / ef- -7 *w Board Mconlxr Sunimary Sheets are valid for one year firom thet date that they are Signed. TOTCL 0. 01 CITY OF CAPE GIRARDEAUq MISSOURI BOARD MEMBER SUMMARY Name 1,q Telephone 3.3.5 -- Street Address 7-;3 '7-3 &uzp�zzl L4.6 /eo,+,g 6 -- Year Current Residence in Cape Girardeau Began Cu rrent Employer and Position /, 17le- /T/ pel!�J- "ve 1A1,9616 t�llj L ( Z�J e- , 1.41 Previous Employers and Positions a,5 2A- 7-7,OA---' 4�� r,71,11 C 4 � 965- lq7o r1o] In which Board(s) are you U S=ial Qualifications for specific board(s) (include past board service) Educational Backgroun �g-5 /Aax Community Activities (Include offices held and committee Ct Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly i-� Monthly Anytime +-' B. Morning i,� Noon L ---Afternoon t,� Evening 1-- Anytime By signing this d5pen?n ent, you agree t serve and attend regularly. Three (3) consecutive unexcused absences will ber`rej,4Crde0jas M indiqatpl that future membership on the board is no longer your desire. Si Date ** Board MeniFer Sununary-��s are valid for one yearfrom the date that they are signed. CITY OF CAPE GIRARDEAU, MISSOURI .BOARD ME1v1BER 3244kRy Name David Hinton Telephone 335-4021 Street Address 3405 Glenview DR. Cape Year Current Residence in Cape Girardeau Began 1962 (lifetime) Current Employer and Position Moutell Const. and Development -- Operations Manager Previous Employers and Positions Venture Dept. Store West Park Mall In which Board(s) are you interested? Regular member of Board of Adjustments Special Qualifications for specific board(s) (Include past board service) Alternate member Board of Adjustments since 9/90. 7 years in construction and development. Educational Background Graduate of; Southeast Missouri State University and fl Cape Central High School. 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 x B. Morning_ Noon Afternoon Evening x __L_ Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed Pate_,:;�_-,S Board Member Summary Sheets are valid for one year from the date that they are signed. CITY OF CAPE GIRARDEAU9 MISSOURI BOARD MEMBER SUMMARY Telephone: Day --T Name Evening Home Address Year Current Residence in Cape Girardeau Began Current Employer and Position D—,;�iic Pmnloverq and Positions POWER SO- ".-= P14 In which Board(s) are you interested?A�4�� �-M� S cial Qualifications for specific board(s) include past board ser Edt�cational Background U 0I h 4t:"III & C ommuni!y Activities (Include offices held and committee service) VT Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly — Monthly _ Anytime 2—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. Signed 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 Page I of I Telephone: Day q 7 Evening___LL3_7 Q Home Address /Oc? �F Cc,, 4je, /J Pt,, C419C r-- T /' A e IL, , e4y Year Current Residence in Cape Girardeau Began :� c7 C2 0 - Current Employer and Position 10,.-,4 A,i Se, ,ce-I All le 0- �y S,--, C, .1 Previous Employers and Positions In which Board(s) are you interested? Qualifications for specific I _/ 41. - - / 4. s) (include past board service) . 1) --, _J� C /­ , . I . , , , , , � -/ - I A, le e - 4 e, - 16� uj Oe ve e, r1V 41 , j, _ z V.(<, Educational Background 3. �_c. ,, (/,,*yuj,�/�/ — 41.10,- &"--1 3-1- -9ZCC'r - A AA - rt.- CY " _f-/ .-,, 7". Community Activities (Include offices held and committee service) 7_4eep� iic-�. / I S" C I I _/__ j r 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 __-Z Anytime Cc- C ­ By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absencesAill be regarded as an W'dication that future bers ip on the board is no longer your desire. Signed __ (��, �7 7 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 40 IILLIJ://WWW.biiUWIiIC.IlCUL�dpCt.�ILY/Ur,I)L.VWU114.;IUt)Udi)i),IlLlil // I j/VV .1 CITY OF CAPE GHURDEAU Office of the City Manager Council Memorandum No. 44 September 21, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Village Dfive Dear Mayor and Council Members: From time to time I disagree with a recommendation provided by my staff. This is one of those times. Due to the unique facts surrounding this particular case, I would recommend a twenty mile per hour speed limit for Village Drive based upon the following: I . This street system serves the function of a private, rather than public access to apartments; 2. The combination of a narrow, curving street ending in a dead end results in a dangerous situation in the rare instance of speeding on the street; 3. The 85 % speed is eighteen miles-p-e-Flic- any lesser limit would result in an enforcement problem. y submitted, Michael G. Miller City Manager CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Memorandum No. 4 3 September 21, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Village Drive At the request of City Council, the City's Traffic Engineer and the Chief of Police have investigated the traffic situation on Village Drive and performed the following studies; accident, speed, and traffic count. The results of these studies are as follows: Accident rate: 1 in the past two years. Speed Study: Minimum Speed 9 MPH Median Speed 14.5 MPH Maximum Speed 26 MPH 85% Speed 18 MPH Traffic Count: 302 vehicles per day The above data indicates that no traffic problem related to speeding exists on this street. One accident occurred on this street within the past two years; however, speeding was not a contributing factor. All of the traffic is well below the established speed limit, and because ordinances have already established speeds on unposted streets, it is the recommendation of the City Traffic Engineer and the Chief of Police that the speed limit remain at 30 mph. The aforementioned recommendation is consistent with the policy and practices for similar neighborhood requests within the City of Cape Girardeau. Respectfully submitted, Mark A. Lester, P.E. Engineer &4 _ d Rick Hec!gl Chief of Police Michael G. Miller City Manager CITY OF CAPE GELARDEAU Office of the City Manager Council Memorandum No. 42 September 21, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Sigma Chi Fratemity Dear Mayor and Council Members: For your information, in college I was a -member of Sigma Chi Fraternity, but I have no connection with the local chapter P� �ationai organ�ation at this time. y submitted, G. Miller City Manager CITY OF CAPE GERARDEAU Office of the City Manager Council Memorandum No. 45 September 21, 2000 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Sigma Chi Fraternity Dear Mayor and Council Members: Citizens frorn the 1100 block of North Fredrick Street appeared at the August 21 Council meeting with concerns about the Sigma Chi building located at 1134 Sprigg Street, but facing North Fredrick. The group expressed concerns about parking, drainage, street safety and the usage of the building for parties. In September of 1997, the City Council approved a Special Use Permit (SUP) to the Southeast Missouri Sigma Chi Fraternity Association for purposes of constructing, maintaining and operating a warehouse at this location. At that time representatives of the fraternity did state that the building would be used for constructing and storing floats for college events. The building erected pursuant to the Special Use Permit was designed and constructed in accordance with building code requirements for an assembly type use, because the building was to be used for groups. The building has been occupied as such without benefit of a final inspection nor the issuance of a Certificate of Occupancy. Inspection Services recently conducted a final inspection and subsequently notified the occupants by letter that certain corrections be effected as follows: 1. Obtain a new building permit with a change of use. No charges for the building permit. 2. Hire a licensed electrical contractor to complete the existing work according to the plans and obtain electrical permit. 3. Post the occupant load of 160. 4. Provide (16) sixteen parking spaces for the building. 5. Provide an address for the rear and the front of the building. 6. Any additional requirements of the Fire Inspector. Although the special use permit was required for usage as a "warehouse", the property is located zoned as "R-4" multiple dwelling district, which names private clubs, fraternities and sororities as permitted uses requiring no special use permits. Revocation or suspension of the warehouse SUP would not suspend the assembly uses of the property by the fraternity. On the evening of September 8' and the early hours of September 9' the fraternity held a party at this location which was attended by an estimated 400 students. The City Police Department received several calls complaining of excessive traffic and other disturbances intrusive to the neighborhood. Officers were dispatched to the scene where a great deal of time was required to get matters under some degree of control. The Police Department has had very few calls regarding activities at this location since the latter part of 1998; however, due to the size of the event and the troubles experienced, some members of our staff met with representatives of the University faculty and student body, fraternity and sorority members City Council Memorandum No. 45 Page 2 September 21, 2000 and the University Department of Public Safety. Three basic issues were discussed, namely: 1) public safety problems in and around the premise, both pedestrian and vehicular, 2) health and safety of students who may have given the appearance of being under the influence of alcohol and 3) the question of legal use of the property. The fraternity indicated its intent on continuing its use of the building, but indicated a desire to cooperate. After reviewing the SUP with our legal staff, it has been detennined that the proper way to deal with any future disturbances at this location will be the enforcement of applicable nuisance, traffic and public intoxication ordinances. The Public Works and Police Departments have worked together to place non -curbed street parking restriction signs along both sides of the street. This should prevent future parking problems that are troublesome to the residents of the area. The neighborhood was polled with regard to enacting a "NO PARKING" zone and it was determined that an outright parking prohibition would negatively effect resident parking more than the fraternity parking. Public Works installed reflective markers across the dead end of the street and constructed rip rap reinforcement along the creek to check erosion of the bank next to one of the residences. The private trash service (CWI) has been advised to adjust its service schedule to a more reasonable hour after being contacted by the Police Department. Every effort will be made by staff to gain compliance with City codes and ordinances in this area. Legal occupancy of the building cannot be had until such time as a Certificate of Occupancy is issued by Inspection Services. Complaints will likely continue to be generated by assembly activities of the fraternity; however, control will be a matter of enforcement of non -zoning regulations such as noise and public intoxication ordinances. We invite any suggestions or recommendations you may have relative to this matter. Respectfully submitted, /I �illiarn a fghn ill in, Devel ment Services Coordinator City Manager Proceedings of the City Council, City of Cape Girardeau, Mo. Regular . Session September 5. 2000 59 REGULAR SESSION — SEPTEMEBER 5, 2000 Council convened in regular session on Monday, September 5, 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. The minutes of the August 21, 2000, regular session, and August 28, 2000, special session were approved upon Mr. Hopkins' motion, Mr. Stoffregen's second, and the following vote: Ayes, Eggimann, Hopkins, Purcell, Spradling, Stoffregen, White. Nays, none. (Neumeyer was absent for this vote). The agenda was adopted as distributed upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Purcell, Spradling, Stoffregen, White. Nays, none. (NeUmeyer was absent for this vote). Mayor Spradling presented a proclamation to Assistant Fire Chief Max Jauch for his 28 years of service to the City of Cape Girardeau Fire Department, and wished him well in his retirement. This being the date set for a public hearing regarding the trickling filter rehabilitation at the wastewater treatment plant, to review and seek public input and comment for proposed improvements to the wastewater collection system, the hearing was opened. Mr. Rich Vetter and Mr. P.K. Mathai of Sverdrup, the project engineers, presented information regarding the project history, the Tunding process and the purpose of the wastewater treatment plant. He reviewed the site plan, compared the alternatives for the trickling filter upgrade, and reviewed the schedule of dates for the project. There being no further appearances, the hearing was closed. This being die date set for a public hearing regarding the financing and impact on user charges of die trickling filter rehabilitation facility plan for the upgrade of the waste . water treatment plant trickling filter, the hearing was opened. Mr. Vetter explained that there will be no increase in user charges for this project. There being no further appearances, the hearing was closed. This being the date set for a public hearing regarding the request of Tom and Karen MogeHcki and Charles and Barbara Travers to rezone 1000 Kingsway Drive from R-1, single family residential district, to C-2, general commercial district, the hearing was opened. Mr. Ivan Irvin appeared on behalf of the applicants in support of the project and to answer any questions. There being no further appearances, the hearing was closed. BILL NO. 2000-217 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 1000 KINGSWAY DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R- I TO C-2 The first reading of BILL NO. 2000-217 was approved upon Mr. Eggimann's motion, Mr. Stoffregen'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 September 5, 2000 This being the date set for a public hearing regarding the request of Sherman and Syvilla Swan for a special use permit for a group home day care at 1200 Ranney Avenue in an R-2, single family residential district, the hearing was opened. Ms. Syvilla appeared in support of the request and stated that she is requesting a group home in order to allow her to separate the infant children from the three to five year olds. There being no further appearances, the hearing was closed. BILL NO. 2000-218 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SHERMAN SWAN AND MAINTAINING AND SYVILLA SWAN, FOR PURPOSES OF CONSTRUCTING, OPERATING A GROUP HOME DAY CARE AT 1200 SOUTH RANNEY AVENUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 2000-218 was approved upon Mr. Neurneyer's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neurneyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mr. James McDonald appeared regarding BILL NO. 2000-228 relating to no parking on Village Drive. A postal center has been installed at this apartment complex on Village Drive. He previously requested of the Police Department that there be no parking on both sides of the street and that the speed be reduced to 15 mph. Each property owner in the complex submitted a ballot requesting the no parking and speed reduction. The postal center is complete; however, it cannot be opened until these traffic regulations are in place. Upon questioning by the Council, City Engineer Mark Lester explained the guidelines used to establish speed limits. Police Chief Rick Hetzel stated there have been no accidents on this street and suggested a traffic study be completed before arbitrarily changing the speed limit. Following discussion Mayor Spradling requested the City Manager prepare an emergency traffic regulation temporarily changing the speed limit to 15 mph, the staff complete a speed study on this street, and an ordinance be placed on the next agenda changing the speed limit according to the results of the traffic study. BILL NO. 2000-228 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING NO PARKING ON VILLAGE DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 2000-228 was approved upon Mr. Eggimann's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neurneyer, Purcell, Spradling, Stoffregen, White. Nays, none. Regarding the traffic control study on Kenneth Drive, Mr. White stated he would like to review this information with residents in the area and may want to discuss this at the next City Council meeting. Mr. Purcell announced that the striping of William Street from Sprigg Street to Kingshighway will be started on Wednesday, September 7. Mr. Stoffregen stated he had been contacted by the local Harley Riders motorcycle group regarding the requirement to wear helmets in parades. He stated he would like this issue placed on the next City Council agenda for discussion and requested information be provided from other communities indicating their requirements for helmets in parades. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular -Session September 5, 2000 61 BILL NO. 2000-212 was given second and third readings as follows: AN ORDINANCE ACCEPTING A STORM DRAINAGE EASEMENT FROM KIDD 11, INC., FOR RELOCATION OF A STORM SEWER LINE AT 103 NORTH KINGSHIGHWAY The second and third readings of BILL NO. 2000-212 were approved and the ordinance 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. 2000-212 is ORDINANCE NO. 2788. BILL NO. 2000-221 was given first reading as follows: A ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT, LICENSE AND INDEMNITY AGREEMENT WITH ALBERTSON'S, INC., FOR CONSTRUCTION AND MAINTENANCE OF CERTAIN IMPROVEMENTS ON CITY OWNED RIGHT -017 - WAY FOR STREETS AND PUBLIC UTILITIES AND ON A PART OF THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT RIGHT-OF-WAY The first reading of BILL NO. 2000-221 was approved 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. 2000-222 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 22 OF THE CITY CODE RELATING TO SOLID WASTE FEES AT THE TRANSFER STATION The first reading of BILL NO. 2000-222 was approved upon Mr. White's motion, Mr. Neurneyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-223 was given first reading as follows: AN ORDINANCE ENACTING A NEW SECTION 5-16 OF THE CITY CODE, RELATING TO LIQUOR SALES NEAR RESIDENCES The first reading of BILL NO. 2000-223 was approved upon Mr. Neumeyer's motion, Mr. Stoffregen's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-227 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY REPEALING STOP SIGNS ON MT. AUBURN ROAD AT BLOOMFIELD ROAD, AND AMENDING SCHEDULE E OF SECTION 26-283 BY ESTABLISHING A FOUR-WAY STOP AT BLOOMFIELD ROAD AND MT. AUBURN ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 2000-227 was approved upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neurneyer, Purcell, Spradling, Stoffregen, White. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session Septemher 5. 2000 62 BILL NO. 2000-224 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SITEFINDERS, INC., TO ACQUIRE RIGHT-OF-WAY FOR THE NEW MADRID STREET IMPROVEMENT PROJECT FROM HENDERSON AVENUE TO PERRY AVENUE The reading of BILL NO. 2000-224 was approved and the resolution adopted upon Mr. Neurneyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-224 is RESOLUTION NO. 1603. BILL NO. 2000-225 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH BIOKYOWA, INC. FOR THE RAIL SPUR EXTENSION PROJECT PHASE I The reading of BILL NO. 2000-225 was approved and the resolution adopted upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neurneyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-225 is RESOLUTION NO. 1604. BILL NO. 2000-226 was presented as follows: A RESOLUTION AUTHORIZING T14E CITY MANAGER TO EXECUTE A DEMOLITION CONTRACT WITH STRACK EXCAVATING AND HAULING The reading of BILL NO. 2000-226 was approved and the resolution adopted upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neurneyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-226 is RESOLUTION NO. 1605. BILL NO. 2000-229 was presented as follows: A RESOLUTION IN SUPPORT OF AN APPLICATION OF SOUTHEAST MISSOURI STATE UNIVERSITY FOR TRANSPORTATION EQUITY ACT OF THE 21sT CENTURY (TEA -21) FUNDING FOR THE RIVER CAMPUS TERRACE PROJECT The reading of BILL NO. 2000-229 was approved and the resolution adopted upon Mr. Neurneyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neurneyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-229 is RESOLUTION NO. 1606. BILL NO. 2000-230 was presented as follows: A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AUTHORIZING APPLICATION TO THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR THE TRANSPORTATION EQUITY ACT FOR THE 21sT CENTURY (TEA -21) FUNDS FOR THE FLOODWALL MURAL PROJECT Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 5, 2000 63 S31M A r=r- - R mum; The reading of BILL NO. 2000-230 was approved and the resolution adopted upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neurneyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-230 is RESOLUTION NO. 1607. BILL NO. 2000-231 was presented as follows: A RESOLUTION DESIGNATING AUTHORIZED SIGNERS ON ACCOUNTS AT COMMERCE BANK The reading of BILL NO. 2000-231 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. Eggirnann's second, and the following vote: Ayes, Eggimann, Hopkins, NeUmeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-231 is RESOLUTION NO. 1608. BILL NO. 2000-232 was presented as follows: A RESOLUTION ACCEPTING A GRANT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR AIRPORT IMPROVEMENTS The reading of BILL NO. 2000-232 was approved and the resolution adopted upon Mr. White',,s motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimarm, Hopkins, Neurneyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-232 is RESOLUTION NO. 1609. Mr. Frank Stoffregen was appointed to the Cape Girardeau Area Industrial Recruitment Association Board of Directors for a term expiring December 31, 2000, upon Mr. Purcell's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. A temporary 5% beer by the drink license for Louis K. Juden Post 63 American Legion for an event to be held October 13-14, 2000, on the parking lot at Water and Independence, was approved upon Mr. Neurneyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neurneyer, Purcell, Spradling (abstain), Stoffregen, White. Nays, none. An original package liquor and Sunday sales license for American Retail Service I LLC, d/b/a Wink's, 2021 Perryville Road, 1803 Independence and 2861 Thernis, Lynn Farr, Managing Officer, was conditionally approved upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neurneyer, Purcell, Spradling, Stoffregen, White. Nays, none. An original package liquor and Sunday sales license for Pajco, Inc., d/b/a Rhodes 101 Stop, 1455 N. Kingshighway and 2012 William, Paul Dirnberger, Managing Officer, was conditionally approved upon Mr. Neurneyer's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neurneyer, Purcell, Spradling, Stoffregen, White. Nays, none. A retail liquor by the drink license for Young & Lane, d/b/a The Library, 701 N. Main, Kevin S. Young, Managing Officer, was conditionally approved upon Mr. Purcell's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. - Regular Session September 5, 2000 64 A retail liquor by the drink and Sunday Sales license for Sean Williams/Michael Hess, d/b/a Breakaways, 15 N. Main, Michael Hess, Managing Officer, was conditionally approved upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neurneyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mr. Purcell made a motion, seconded by Mr. Neumeyer, that the name of existing Hopper Road between Mount Auburn Road and Kage Road be changed to Old Hopper Road when the new Hopper Road alignment is ready to be opened. The motion was approved upon the following vote: Ayes, Egginiann, Hopkins, Neurneyer, Purcell, Spradling, Stoffregen, White. Nays, none. The revised improvement plans for the improvements in Crites Eleventh Subdivision were approved upon Mr. Stoffregen's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neurneyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-233 was presented as follows: A RESOLUTION ACCEPTING AN ALL HAZARD MITIGATION PLAN The reading of BILL NO. 2000-233 was approved and the resolution adopted upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-233 is RESOLUTION NO. 1610. There being no further business, the Council adjourned upon Mr. Neumeyer's motion, Mr. Stoffregen's second, and the following vote: Ayes, Eggimann, Hopkins, NeUmeyer, Purcell, Spradling, Stoffregen, White. Nays, none. A. M. Spradling, 111, Mayor Gayle L. Conrad, City Clerk AIRPORT BOARD MINUTES July 18, 2000 Mac's Smokehouse Airport Restaurant Members Present: Harry Drummond, Wm. Gerry Keene, 111, Dan Overbey, Steve Robertson, Mark Seesing, Members Absent: John Ferguson, James Trickey, J. Fred Waltz, Jim Withers Others Present: Bruce Loy, Airport Manager; Carol Peters, Administrative Secretary, Melani6 , Gertis, ,IEI�l Assistance City Engineer and Walter Denton, Assistant City Manager 1. MINUTES OF PREVIOUS MEETING Mr. Overbey made a motion to approve the minutes of the June 13, e e Drummond seconded the motion. The motion passed by unanimous vote. Mr. Denton and Ms. Gertis made a presentation to the board with informati rtation Trust Fund 2 issue which will be on the ballot August 8 for the citizens of Cap oposed program would extend the '/2 cent sales tax for another five years to be used and construction as well as increased street lighting throughout the City. 11. OLD BUSINESS A. Monthly Activity Report — Mr. Loy reported that or[ enpl s for the month were slightly down from last year. Traffic count i t Mf t fri raffig s at the same pace, we could see over 25,000 operations this Y# c) 20 t yearAF!,�-s — Mr. Loy reporte B. Air Festival Report #gthe q val cell E� turday Y h more itinerant traffic than ever. It is t ad ate :en 40 ircraft here to watch the snow& howev an d ally is a be er day, but with the weather f6i g for ry hot, we believe that kept a lot of erefo les we n y ir n year. Overall, expenditures wer ye for fue ote M "thanked Mr. Seesing for all of his 00 this ye jime ag he military performers and crews say e he each y r n commended the airport on a job well don uggeste ve tes ma rs, sponsors, etc. The airport staff will ensure rtifi t UP on are i everal things are being considered for next lud� sibI ing the ooler time and shortening the length of the show year includi to a 'n" 1 2 1ho Tirl te y . . . . . . . . . . . C. Passifttgr�qfteakagj-"' sm r. Loy informed the board that the Kiehl Hendrickson Group will a r e cqqi ipg a tr the very near future for leakage analysis purposes. Letters have the all ',,'e flic"' requesting their assistance and explaining the process and what tile beeril. " i n fo r' �3- :.ve received a call from one travel agency thus far, Elite Travel, who has th ot e a e to participate in the survey. V IV. NEW BUS] A, .... .. Mr. Loy explained that Arch Helicopter Service was awarded the contract with A. Han' s Sout J uri Hospital. They are looking for a location to stage their helicopters and are interested in a r. a c Avionics is still in need of space. And, Jack Rickard has contacted the airport about the feasibility of building a large hangar. It is difficult to get the proper return for paying back a State Revolving Loan for t -hangars, but a State Revolving Loan could possibly be utilized for the construction of these types of hangars. Mr. Loy will continue to research options and meet with interested builders regarding their specific needs. July 18, 2000 Page I of 2 B. Restaurant Operating Hours — Beginning July 5, Mr. McAllister changed the restaurant's hours. The restaurant is currently open Monday, Tuesday and Wednesday for breakfast and lunch. Thursday and Friday it is also open for dinner. He is willing to be open a weekend a month for a fly -in with the help of the Pilot's Club or EAA chapter. V. NON -AGENDA ITEMS Master Plan - Mr. Loy reported that the Scope of Work for the Master Plan has been 1999 Enplanernents - Mr. Loy received the report from the Department of Girardeau Regional Airport 1999 enplanements totaled 10,390. This will er funding which may also present a problem with finding the matching funds. forced toconsider proposed Passenger Facility Charges, which can result in Our airport currently does not charge any Passenger Facility Charges. The� Facility Charge can be used to raise funds for the 10% share needed for gn,� August Meeting - Due to several conflicts in the month of August, the meeting. The next Airport Advisory Board meeting will be held Septerr Restaurant. VI. ADJOURNMENT There being no further business to discuss Mr. Overbey motion. The meeting was adjourned at 6: 10 p.m. Minutes prepared by Carol Peters, Administrative Secr( the Cape grant ort may be er per ticket. n a Passenger I the August m. in the Airport seconded the July 18, 2000 Page 2 of 2 0 004� BOA" OF ADJUSTMENT MINUTES CITY OF CAPE GIRARDEAU P. 0. Box 617 Cape Girardeau, MO 63702-0617 August 10, 2000 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. Res ectfftully submi D 1. ;,.1 17 T ittl'. aniel E. Little Secretary Present: Irvin, Little, Stuart, Tipton — Alternates: Buerck Absent: Browne — Alternate: Dowdy, Hinton BOARD OF ADJUSTMENT MINUTES CITY OF CAPE GIRARDEAU P. 0. Box 617 Cape Girardeau, MO 63702-0617 September 12, 2000 DRAFT To the Honorable Mayor and Council of the City of Cape Girardeau, Missouri Gentlemen: The Board of Adjustment met on Thursday, September 7, 2000, to consider variance requests. A motion was made and seconded to approve the minutes of the August 3, 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: The request of PBM, L.L.C. to vary the minimum lot size to allow the construction of 12 apartment units on a 23,790 square foot lot at 431 Olive Street was approved. The motion to approve the request was made by Mark Buerk, with a second by Dan Little. The vote on the motion to approve the request was five in favor, with the three alternates also voting in favor. 2. The request of Dale P. and Theresa M. Harris to vary the fence regulations to construct a 6 -foot high privacy fence in the secondary front yard at 3042 Melrose Avenue was approved. The motion to approve the request was made by Ivan Irvin, with a second by Bill Tipton. The vote on the motion to approve the request was four in favor and one in opposition, with one alternate also voting in favor. One regular member and one alternate member abstained from voting. 3. The request of Jeff and Lisa Unterreiner and Darrin and Jill Bruenderman to vary the yard requirements to allow the construction of a new residence 20 feet from the front property line at 2413 Palomino Drive was disapproved. The motion to approve the request was made by Dan Little, with a second by Mark Stuart. The vote on the motion to approve the request was none in favor and four in opposition, with one abstention. The three alternate members also voted in opposition. Board of Adjustment Minutes September 12, 2000 Page 2 There was discussion regarding changing the procedures of the Board. Dan Little stated he would like to have the meeting taped for the record. The Board also asked that Eric Cunningham, City Attorney, and Bill Vaughn, Development Services Coordinator, be present at the next meeting to answer questions regarding the calculations of a rear yard, and on procedures of the Board. Respectfully submitted, Daniel E. Little Secretary Present: Browne, Irvin, Little, Stuart, Tipton — Alternates: Buerck, Dowdy, Hinton 0 BOARD OF EXAMINERS MINUTES City of Cape Girardeau P. 0. Box 617 Cape Girardeau, MO 63702-0617 July 5, 2000 To the Honorable Mayor and Council of the City of Cape Girardeau, Missouri Gentlemen: The Board of Examiners met on Wednesday, July 5, 2000. The Board reviewed the qualifications from the following applicants for taking examinations for plumber, mechanical installer and electrician licenses. 1 Dwight Bernard - Journeyman Plumber TABLED fl) Dwight Bernard, applicant for a Journeyman Plumber's license, did not make an appearance before the Board. Leonard Jansen motioned to table the application until next month, Fred Eggley seconded the motion and motion passed with a 5-0 vote in favor. The meeting adjourned at 7:10 p.m. The next scheduled meeting of the Board of examiners is July 5, 2000. Respectfully submitted, Stan Wicks Secretary Present: Fred Eggley, Leonard Jansen, George Reutzel, Dan Stitz, Stan Wicks Absent: Dennis Coomer, Dave Dormeyer, Larry McElroy Staff: Tarryl Booker, Brenda Schloss DRAFT CAPE GIRARDEAU CONVENTION & VISITORS BUREAU ro) Advisory Board Minutes August 17, 2000 Convention & Visitors Bureau Members Present Members Absent Tim Blattner Paul Kesterson II Kathie Brennan Dennis "Doc" Cain Jerry Davis Judith Lang David Ross, Chairman Steve Taylor Sue Yuan Staff Present Ex -Official Members Terri Clark -Bauer, Director John Mehner Lin Jones, Sales/Marketing Manager Michael Miller Brenda Newbem, Group Sales Coordinator Debbie Frank, Administrative Secretary 1. Call to Order Chairman Ross called the meeting to order at 4:05 p.m. 11. Approval of Minutes t Ms. Lang made a motion to approve the July minutes. Ms. Brennan seconded and the motion passed unanimously. In. Financial Report A. Income/Expense Report- July is the beginning of the new fiscal year 2000/2001. B. Tax Collections Review 1. Rest/Hotel YTD Comparison -Ms. Brennan asked a question about the pending lawsuit, and at this time the City is waiting for a summary judgement. IV. Staff Report A. Sales Report- Ms. Jones reported for the month of July sixty-four files had been worked, fourteen had been closed, one is being serviced, thirty-four were in development, fourteen had arrived and departed. Ms. Newbern reported that the Delta Queen had conducted a mystery tour, the captain stops at a river port of his choosing. The passengers were offered a tour Trail of Tears State Park to see a frontiersman demonstration, or to take a tour around the city. The National Aubdubon Society is sponsoring the Audubon Ark, this is a miniature steamboat that will be traveling the Mississippi River to celebrate and learn about life of the river, its habitat and your community. Mr. Ross added that the Show -Me Center would be hosting the 13fl' annual volleyball tournament with thirty-five teams participating on September 8d' and 9h. DRAFT Board Minutes ro) August 17, 2000 Page 2 B. Director's Report -Ms. Clark -Bauer passed out conversion studies on the 1999 versus 2000 years, for the number of 800 calls, visitor center count, number of groups sold, and number of groups visiting. With the exception of Missouri, and Illinois, California had the most leisure traveler information requests. The CVB has a new company hosting our web site. We are no longer using Simplenet's computer server, and have switched to Infinity Interactive, which can now accommodate our shopping cart page for the web site. Ms. Clark -Bauer introduced a new promo item. A navy blue cloth bag that will be sold in the gift shop at a retail price of $ 10.00. Ms. Clark -Bauer reported on the radio loop. MO DOT does not want to go ahead with signage until there is better radio reception, at this time we are probably only getting a 2.5 mile radius. At this point it is questionable whether or not all the equipment was installed. V. Chamber of Commerce Report -Mr. Melmer reported on the upcoming events sponsored by the Chamber of Commerce. The Welcome Back Student Picnic will be held August 20 th at Capaha Park. There will be a BBQ Fest August 25h and 20h held at Arena Park with approximately 25 teams competing for a prize. And the Education Committee will be hosting the annual Welcome Back reception for the Cape Girardeau education community. V1. Old Business (40) A. Goals and Objectives Discussion- Recruit Attractions- Mr. Cain asked a question, if the CVB paid for an event to come to town, can the CVB turn around and make money from the event? B. 100 Broadway Landscaping/Repairs Update -The bid request for the roof repair has been completed. And the landscaping is waiting on the roof repair and tuck -pointing to be completed. Mr. Cain made a motion to have appropriate signage for the CVB building. Ms. Lang seconded. It was discussed that permanent signage will be placed on the building after renovations were done. It is recommended that we wait until after the roof and tuck -pointing is done before we place signs on the outside of the building. It was also discussed to go ahead with some type of temporary signage. Mr. Ross asked for all those in favor of having appropriate temporary signage. The motion carried with seven in favor, and one abstaining from voting. VH. New Business A. New Tour Development -The staff visited the Fat Horse Ranch located at Chaffee, MO, the ranch offers pony rides, supervised trail rides, and you can participate in black powder rifle shooting, knife and tomahawk throwing. The staff also visited the Melon Man, located near Blodgett, MO. Mr. Dwyer is known for growing the largest watermelon in this part of the country. He is trying for the Guinness Book of World Records. We would like to offer these two options to our tour operators Vin. Other Business -none reported IX. Next meeting- Thursday, September 21, 2000 — 4:00 p.m. n Board Minutes August 17, 2000 Page 3 X. Adjournment -Mr. Taylor made a motion to adjourn the meeting. Ms. Yuan seconded. Minutes prepared by: Debbie Frank Minutes approved by: Judith Anne Lang CVB Advisory Board Secretary w DRAFT HISTORIC PRESER VA TION COMMISSION City of Cape Girardea a PO Box 617 Cape Girardeau, AfO 63702-0617 August 16, 2000 The Historic Preservation Commission held its regular monthly meeting on August 16, 2000 at m. at City Hall, 401 Independence Street. embers Present: Bi well, Danna Cotner, Felix Kinsley, Leeanne Milde, Barbara Port, R S� _qWB 'T)ave %Ut " rford, John Schneider, Marj Thompson, Betty Voss Mem sent: Verna NtIson, The meeting was"ck1led to order -at -7,05 -p -m, by John Schneider, Chairman. Upon motion made, the minutes of the New Business: 1, 2000 meeting was unanimously approved. Mark Lester, City Engineer, a n��th�e4e g to 'scuss the William Street widening project with the Commissi n. Le e ained that a part of the Transportation Trust Fund William Street would be wid ed from eet to 40' and would not have a significant impact on any historic proper embe;sof thke (�6m oiced concern n( about trees being cut down in Indian Park for the pro e nd asked if the tree ould be p e r r 0 s 0 e b th Corn O'ce a co 0�a n e g to L pl� -- ai d th e ex ne at a J be from ee ;t.ri t embers c n, nd asked if the tree woul( t replaced. Lester reported that some trees would�ya—ve to be removed t he ould b P0 i t t tl_, investigate the possibility of their replacement. arb Por otion t t t ting W 1 minutes reflect that the Commission had received an reviewed the plans he Wjklam Street widening. Billy Boswell seconded the motion that the statement be coe ted in'ta the minutes. The motion passed with a 9-0 vote in favor. Old Business: The third draft of an ordinance adopting conservation zoning was submitted by Danna Cotner. After a short discussion, and with no amendments to the draft, Dave Rutherford motioned that the ordinance be forwarded to the City Attorney for review. Felix Kinsley seconded the motion and motion passed on a 9-0 vote in favor. MINUTES HISTORIC PRESERVATION COMMISSION August 16, 2000 Page 2. Old Business (cont.): Barbara Port reported that she had received several recommendations as well as pictures for properties to be honored with historic recognition yard signs. Port will bring a list of a ists,Ao the next meeting for nomination and so the program can begin. Marj Tho son sugg5§t.ea-that when this list is submitted to the Commission next month, that it be rea into the.minut6 for reference. Co mittee Repo Bar ara P��r ep rted that t e Education Committee has begun reviewing the contents of Orr the mission's library materials. The Committee would like to give the Cape �M�issi Girardeau -and Jac o 1 ies.. 'st of the books for advertisement. Dave Rutherford recommende at the books put o "loan status" at the library. Port suggested that the committee look into this and at t 'e very least get a list of books to the library. She and fo� Betty Voss will do this and sion(o-r-O*hat to do with the Commission's library will continue next month. Betty Voss reported that she`� trunk and has been conversing trunk. updating the traveling education in their recommendations for the Dave Rutherford of the Finance Committee reporte at he 7would have a ini vp budget for the 2000-2001 FY ready for the Com on to review next m6�nt MIT \-\ Danna Cotner, Publicity coordinator, reported that-�-n- article on the jam", Reyriql& 'h� House would soon be published in the Southeast Missourian and thttran _ar'.icle a out t 1999 State Historic Preservation grant awarded to the City would-be published in 'M magazine. Marj Thompson of the Landmarks Committee reported that the book 'onthe'jocal register that she is compiling is almost finished. Information on the VAitelaw—House is still needed. Thompson's book will have information on each locally designated site complete with pictures and location maps. This book will be for Commission use only, however, with the Commission's permission, she would like to copy the first page of each landmark to compile a brochure for the Convention and Visitor's Bureau. Dave Rutherford offered to put the pictures on a color scanner, so colored copies could be made. Rutherford and MINUTES HISTORIC PRESERVATION COMMISSION August 16, 2000 Page 3. Committee Reports (cont.): Thompson will also both meet with Walter Denton, Assistant City manager, to put the information on the City's web site. ther Busi "ss: ara Port re orted the Chamber of Commerce now had postcards of local historic sites and pe s someone from the Commission should meet with the Chamber and ggestions for o postcards. Marj Th mpson reported t she was in the process of applying for a state preservation grant to d reno . oL,s d re *rs to her house, the Thilenius house, located at 100 Longview. T hilenius Ho se,..is li ed on both the local registry and on the National Register of Historic Places. Thompson approached the Commission for a letter of support for the grant application. Plarb2ort 6o�tied that the Commission submit a letter of support. Dave Rutherford�secondea-the tioll,_and motion passed with an 8-0 vote in favor (Thompson abstained4c, m weina. John Schneider asked city staff wlia- ' t -e --time frame wa � on the condemnation procedures against the Marquette hotel. n orted th staff was currently working with the t nTe 0' owner to secure the building and that structure was t A s away from ay demolition. Kent Bratton reported that a new Commissione to re ich I ites d be appointed at the August 21, 2000 City Council meeting. C—\ Z-�, Marj Thompson stated that she would like to approach the ow of the Central Inr about applying for the local registry. 7 The meeting adjourned at 8:25 p.m. The next regular meeting of the 141-stol Commission is scheduled for September 20, 2000. Respectfully Submitted, Felix Kinsley Secretary FK/bds CAPE GIRARDEAU PUBLIC LIBRARY BOARD OF TRUSTEES Regular Meeting: August 24, 2000 ATTENDANCE: The Cape Girardeau Public Library Board of Trustees met Thursday, August 24, 2000 at 7 a.m. in the Hirsch Community Room of the Library. Present: President Donna Maguire, Michael Maguire, Sam Blackwell, Bill Rader, Jill Smirl, Sarah Nussbaum, Cindy Hall, Dee Knorpp. Also present: Director Betty Martin, Phyllis Jackson PRESIDENT'S Donna announced that Jane Jackson had resigned from the Board as the REPORT board meeting time conflicted with her teaching duties this year. Names of applicants were read to board members for recommendation to the Mayor. Committee re -appointments will be tabled until new board member is named. Donation—A donor who wishes to remain anonymous has made a donation of IBM Stock (approximately $12,000.) to the library. A motion was made by Bill Rader to accept the gift, seconded by Michael Maguire; motion carried. After discussion, the Board decided not to liquefy the stocks at this time but to just leave the stocks at AG Edwards. Bill Rader made the motion, seconded by Cyndy Hall; motion carried. MINUTES Upon a motion by Michael Maguire, seconded by Bill Rader, the July minutes were approved. BILLS The bills were presented for payment. Bill Rader made the motion, seconded by Sarah Nussbaum, that the bills be approved. Motion carried. DIRECTOR'S Staff—Two interviews are scheduled for the Adult Services Coordinator REPORT position—Paula Gresharn-Bequette on Friday, August 25 and Judith BETTY MARTIN Cooper on Wednesday, August 30. Judith has a MLS degree and has worked in libraries six years. Paula does not have a MLS but has worked in libraries for eleven years. Remote Catalog Access—was hoping to have everything ready to have Board vote on offering this new service but Netscape recently recommended that users turn off Java (Java is what patrons would use to access our card catalog) because hackers have found a way to get into computers through Java. Orman is monitoring the list serves and hopefully we will be able to offer it soon. Betty and Sam Blackwell met with Secretary of State candidate Steve Gaw on Friday, July 28. Gaw seemed to be very interested in the YS programs and said he is in favor of local control for Internet filtering. Discussion was also held on the Library Boundary Law. Betty will also invite the republican candidate, Matt Blunt, to visit the library. Betty distributed copies of "Excellence in Nonprofit Leadership and Management" course to board members. The course will be held at SEMO University and consists of 8 sessions. Cost: $30. per session or $35. per session each individual session. Betty will attend all 8 sessions—board members interested should let Betty know soon as the first session is September 2 1. Betty attended the Chamber of Commerce Education Committee's Teacher Appreciation reception. CGPL gives a book bag with some books as a door prize. Betty also presented a storytime at the American Cancer Society's Relay for Life evening. ADULT Book discussion group will meet Aug. 24 at 7 p.m. and will be discussing SERVICES the book "One for the Money" by Evanovich. The next one will be September 21 and discussed will be the book "Cold Mountain" by Charles Frazier. Next Poetry Coffeehouses will be held August 28 and Sept. 25. YOUTH SERVICES Summer Reading Clubs were a success. 819 registered for the SRC Club (as opposed to 677 last year) and 194 for the YA Club. 324 books and 1,029 food coupons were given away. Winners of the bicycles were D.J. Belcher, Aleta. Musgrave, Dannielle Markhart and Brian Egbert. The bicycles are donated by VFW Post 3838 and its' Auxiliary and UCT. The YA grand prize winner was Thomas Statler. The prize was a backpack with CD's and gift certificates from Dominoes and Barnes & Noble. Final Fantastic Friday program was the World Bird Sanctuary's Birds of Prey program; over 167 people attended. A back -to -school storytime was held August 21 with 22 participants. Upcoming programs --Grandparents Day with stories and activities—Sept. I I at 6:3 0 p.m. A Teen Photo contest will be held the week of Oct. 15 -2 1, celebrating Teen Read Week. Photos must be taken by teens and have something to do with reading printed materials. Youth Services staff will be selling papers on Y.E.L.L. day at the post - office. COMMITTEE Building & Grounds—Betty reported that the new thermostat had been REPORTS installed in the community room. Sidewalk—After discussion, Michael Maguire made the motion, seconded by Sam Blackwell, that Betty select the contractor and get the sidewalk in. By-laws & Policies --Copies of the changes of the By-laws were distributed to board members. Michael Maguire, Chair, read the list of K P changes (which consisted mostly of the wording). Copies of the revised by-laws will be mailed to members and approved at the September board meeting. OLD The Friends' annual book sale will be Sept. 8-10. A sign up sheet was BUSINESS passed to board members to volunteer to help at different times during the weekend. A sign up sheet was also passed around for members to sign to attend the Friends' Foundation board meetings held every third Monday of the month at 5:30 p.m. Mo. Public Library Standards—Michael Maguire made the motion, seconded by Jill Smirl, that the discussion of the Library Standards be tabled until the Sept. meeting; motion carried. NEW BUSINESS Cyndy Hall read a travel request from Betty Martin to attend the MLA Annual Conference held in Excelsior Springs, MO—cost would be approximately $629.50. Michael made the motion to allow up to $700. in expenses if needed, seconded by Sam; motion carried. ADJOURNMENT Bill Rader made the motion, seconded by Sarah Nussbaum, to adjourn at 8: 15 a.m. Motion carried. Phyllis Jackson Recorder kl� 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: I 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 7 in favor and none in opposition, with I 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 M September 14, 2000 To the Honorable Mayor and Council Of the City of Cape Girardeau, Missouri Gentlemen: The Planning and Zoning Commission met Wednesday, September 13 2000. By majority vote, actual vote counted and in the file, we act and/or recommend as follows: 1. 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 reconunended for disapproval. The vote on the motion to approve the request was 0 in favor and I I in opposition. No one was in attendance to represent the applicant on this request. 2. That the request of Cape Girardeau Baptist Association to rezone 2912 Bloomfield Road from R-1, Single Family Residential District, to R-4, Multiple Family Residential District, be recommended for approval. The vote on the motion to approve the request was 10 in favor and none in opposition, with I abstention. There were no citizens present in opposition to this request. 3. That the request of The Lutheran Home for the Aged to rezone a 0.87 acre tract of land described as the Fornkohl Tract from R-1, Single Family Residential District, to R-4, Multiple Family Residential District, be recommended for approval. The vote on the motion to approve the request was I I in favor and none in opposition. There were no citizens present in opposition to this request. 4. That the request of The Lutheran Home for the Aged to rezone a 0.654 acre tract of land described as the Beggs Tract from R-1, Single Family Residential District, to R-4, Multiple Family Residential District, be recommended for approval. The vote on the motion to approve the request was 11 in favor and none in opposition. There were no citizens present in opposition to this request. Honorable Mayor and Council Members September 14, 2000 Page 2 5. That the request of Melvin C. and Mary C. Kasten and Windall and Dee Dee Wilson for a Special Use Permit for additional living quarters at 2000 Perryville Road in an R-1, Single Family Residential District, be recommended for approval with the following stipulations: 1) that there be no access to Lexington Avenue; 2) that all improvements comply with City codes; 3) that the property not be used for rental income. The vote on the motion to approve the request was I I in favor and none in opposition. There were no citizens present in opposition to this request. 6. That the record plat of Winks — Nunn Subdivision be approved. The vote on the motion to approve the plat was I I in favor and none in opposition. There were no citizens present in opposition to this development. A presentation on the proposed County Planning and Zoning was made to the Commission by Gerald Jones, Presiding County Commissioner, Roger Arnzen, Mapping and Appraisal, and John Dudley, Chairman of the County Planning and Zoning Commission. The Planning and Zoning proposed by the County is the result of four years of study. They indicated that public meetings have been scheduled to present the information to the public and additionally, presentations will be given to various civic organizations between now and the November election. City Planning Commissioners approved a resolution endorsing the Countywide Planning and Zoning. The vote on the motion to approve the resolution was I I in favor and none in opposition. Respectfully submitted, Thomas J. Mogelnicki Secretary Present: Haubold, Buhs, Mogelnicki, Blank, Cox, Holshouser, McKinney, Rademaker, Rediger, Smallwood, Westrich Public Information Office DRAFT Public Awareness Advisory Council Meeting August 21, 2000 MINUTES Present: Councilman Jay Purcell, Chairman Councilman Hugh White Michael G. Miller, City Manager Walter Denton, Assistant City Manager Tracey Glenn, Public Information Officer Absent: Councilman Richard Eggimann, Vice -Chairman Call to Order - The meeting was called to order by Chairman Jay Purcell. Approval of Minutes — Mr. White made a motion to approve the minutes of the July 17, 2000 meeting. Mr. Miller seconded and the motion passed unanimously. Staff Repo : Old Business — * Update on the joint television studio agreement New Business - • Organizing a Project Impact booth at the SEMO District Fair • Will attend the 3CMA annual conference • Updating and revising the Advisory Board Handbook • Exploring the possibility of a weather transmitter with the National Weather Service • Exploring ways to update the City Resident Resource newsletter. Other Walter mentioned that the Vision 2020 Strategic Plan and the Historic Preservation Master Plan are both on the intemet now. Mr. Purcell stated that he would like to see that all involved in a decision for Cable Access Channel 5 be contacted before a decision is made. The next meeting was set for September 25, 2000, at 4 p.m. Mr. Purcell made a (Wi motion to adjourn and Mr. White seconded it.