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Home My WebLink AboutCouncil.Agenda.03-05-2001.Packet5-0 CITY COUNCIL MEETING AGENDA ., March 5, 2001 Cape Girardeau, Missouri W CITY OF CAPE GIRARDEAU, MISSOURI 401 Independence Street City Council Agenda Monday, March 5, 2001 7:00 p.m. Invocation - Rev. Kim Ferguson, Cornerstone Church Pledge of Allegiance Call to Order Roll Call Council Meeting Minutes - February 20, 2001, Regular Session Adoption of the Agenda Public Hearings 1. A public hearing regarding the request of Daniel M. Drury, President,, and James L. Drury, Chief Executive Officer, Midamerica Hotels Corporation; to rezone the northeast quadrant of Interstate 55 and Highway 34/61 from R-1, single family residential district, to C-2, general commercial district. (Agenda Item No. 14, Bill No. 2001-40) Letter No. 51 Action 2. A public hearing regarding the request of David C. Epps to rezone 200 Bellevue Street and property at the dead end of Bellevue Street from R-4, multiple family residential district, and M-2, heavy industrial district, to R-4, multiple family residential district. (Agenda Item No. 15, Bill No. 2001-41) Letter No. 52 Action 3. A public hearing regarding the request of Lionshead Investments, LLC and Kinder and Maurer Developments, LLC for a special use pen -nit for townhomes (condominiums) in the 2900 to 3000 block of Beavercreek Drive in an R-4, multiple family residential district. (Agenda Item No. 16, Bill No. 2001-42) Letter No. 53 Action City Council Agenda Page 2 March 5, 2001 4. A public hearing regarding an amendment to the Zoning Ordinance, Section 30-37(d)(1) relating to front yards. (Agenda Item No. 17, Bill No. 2001-47). 5 on 7 E:1 Action Letter No. 56 Appearances Appearances before the Council on items listed on the agenda Appearances before the Council on items not listed on the agenda City Council Communications to be presented by members of the City Council Coin munications to be presented by the City Manager or City Staff Consent Ordinances BILL NO. 2001-19, an Ordinance accepting permanent easements and temporary construction easements from various property owners for the Cape Rock Drive 20" water main extension project. Second and Third Readings. Letter No. 39 Action BILL NO. 2001-34, an Ordinance approving the record plat of "Ten Mile High" Subdivision. Second and Third Readings. Letter No. 40 Action BILL NO. 2001-35, an Ordinance approving the record plat of Arnold First Townhouses. Second and Third Readings. Letter No. 41 nAction City Council Agenda Page 3 March 5, 2001 12. BILL NO. 2001-38, an Ordinance authorizing the City to enter into a Third Supplemental Lease Agreement with the Cape Girardeau (Missouri) Public Facilities Authority. Second and Third Readings. Letter No. 42 Action 13. BILL NO. 2001-39, an Ordinance amending Schedule H of Section 26-126 of the City Code by placing electric traffic control signals at Broadway and Clark Avenue. Second and Third Readings. Action Letter No. 50 New Ordinances 14. BILL NO. 2001-40, an Ordinance amending Chapter 30 of the Code of Ordinances by changing the zoning of the northeast quadrant of Interstate 55 and Highway 34/61 from R-1 to C-2. First Reading. Letter No. 51 Action 15. BILL NO. 2001-41, an Ordinance amending Chapter 30 of the Code of Ordinances by changing the zoning of 200 Bellevue from R-4 and M-2 to R-4. First Reading. Letter No. 52 Action 16. BILL NO. 2001-42, an Ordinance granting a special use pen -nit to Lionshead Investments, LLC, and Kinder and Maurer Developments, LLC, for purposes of constructing, maintaining and operating townhomes (condominiums) in the 2900 to 3000 block of Beavercreek Drive. First Reading. (If the ordinance is not approved, a motion will need to be made to adopt Findings and Conclusions denying the application) Letter No. 53 Action City Council Agenda Page 4 March 5, 2001 17. BILL NO. 2001-47, an Ordinance amending Section 30-37(d)(1) of the City Code relating to front yard regulations. First Reading. Letter No. 56 Action 18. BILL NO. 2001-43, an Ordinance accepting a general warranty deed, permanent drainage easements, a pennanent storm sewer easement and temporary construction easements from various property owners for the New Madrid Street improvement project. First Reading. Letter No. 54 Action 19. BILL NO. 2001-46, an Ordinance accepting a temporary construction easement from Jerry R. and Phyllis J. Schwab for the widening of Rodney Street and replacement of the bridge over Cape La Croix Creek. First Reading. Letter No. 55 Action 20. BILL NO. 2001-52, an Ordinance approving the record plat of Ten Mile High Second Subdivision. First Reading. Letter No. 57 Action 21. BILL NO. 2001-53, an Ordinance amending Schedule C of Section 26-121 of the City Code by repealing stop signs on Clark and Broadway. First Reading. Letter No. 58 Action 22. BILL NO. 2001-55, an Ordinance amending Schedule F of Section 26-247, Schedule G of Section 26-249 and Schedule P of Section 26-248 of the City Code relating to parking on Pacific Street between Non -nal Avenue and Alta Vista Drive. First Reading. Letter No. 59 Action City Council Agenda Page 5 March 5, 2001 Re.cnlntinn.c 23. BILL NO. 2001-44, a Resolution authorizing the City Manger to execute an agreement with Southeast Missouri State University for an historic stricture inventory. Reading and Passage. Letter No. 60 Action 24. BILL NO. 2001-45, a Resolution authorizing the City Manager to execute Amendment No. I to an Agreement for Engineering Services with Strickland Engineering for the Southern Expressway extension from South Kingshighway to Silver Springs Road. Reading and Passage. Letter No. 61 Action 25. BILL NO. 2001-48, a Resolution authorizing the submission of an application for designation of the Cape Girardeau/Scott City enterprise zone for an additional seven years to expire December 3, 2008. Reading and Passage. Letter No. 62 Action 26. BILL NO. 2001-49, a Resolution adopting the fiscal 2001-2006 Capital Improvements Program. Reading and Passage. Letter No. 63 Action 27. BILL NO. 2001-50, a Resolution authorizing the City Manager to execute an agreement with Nip Kelley Equipment Co., Inc. for improvements to Cape Woods Conservation Area. Reading and Passage. Action r) Letter No. 64 City Council Agenda Page 6 March 5, 2001 28. BILL NO. 2001-51, a Resolution authorizing the City Manager to execute an agreement with Lappe Cement Finishing, Inc. for the 2000 sidewalk reconstruction and curb and gutter repair project. Reading and Passage. Letter No. 65 Action 29 BILL NO. 2001-54, a Resolution authorizing the City Manager to execute Supplement No. 1 to the Airway Facilities Systems Support Center Lease with the Federal Aviation Administration for airport maintenance at the Cape Girardeau Regional Airport. Reading and Passage. Action Letter No. 66 Liquor Licenses 30. Conditional approval of a retail liquor by the drink license for Blue Sun, Inc., d/b/a Bel Air, 24 S. Spanish, Robert Guard, Managing Officer. Other 31. Other business. 32. 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, March 5, 2001, 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. A A CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 51 Agenda March 5, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Request for Rezoning of the Northeast Quadrant of I-55 and Highway 34/61 This agenda item calls for the holding of an advertised public hearing on the request of Daniel M. Drury, President, and James L. Drury, Chief Executive Officer, Midamerica Hotels Corporation, to rezone the northeast quadrant of Interstate 55 and Highway 34/61 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 February 13, 2001, by a vote of 7 in favor, and none in opposition, with 1 abstention. There were no citizens present in opposition to this request. It is recommended that the City Council hold the advertised public hearing. Attached for consideration is an ordinance which would authorize the rezoning from R-1 to C-2. submitted, jj'�; Bratton of. P.lanaing Services Michael G. Miller City Manager KBM/MGM/rlf CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Rezoning Recommended Action: That the request of Daniel M. Drury, President, and James L. Drury, Chief Executive Officer, Midamerica Hotels Corporation, to rezone the northeast quadrant of Interstate 55 and Highway 34/61 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: February 13, 2001 List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens in attendance at meeting: Record1n3 Secretary Rezoning ❑ File No. 985 CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For •' Special Use Permit El Address of Property 2900 - 3oao $1 k. Beaver creek Drive CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? 2. Is plat sufficient? 3. Will intended use conform to requested zoning? 4. Has intended use already commenced? 5. Comments: `ecs YCA Yts N0 :itr,� 211161 CityPlanner/Development Services Coordinator Date CITY ATTORNEY: 1. Is legal description sufficient? 2. Will intended use conform to requested zoning? AJIA 3. Can requested Special Use Permit be legally granted? 4. Comments: k. /X/GLJNr�� Cityorn y Date CITY kGER REFERRAL TO PLANNING AND ZONING COMMISSION: , Michael G. Miller Date PLANNING SERVICES STAFF: 1. Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date Revised 4/21/1998 X r) City of Cape Girardeau, Missouri Application For Rezoning - El OR Special Use Permit - ❑ Date Received in Planning Services Office: 1-a5-Ol By: SECTION A 1. Description of the project: A proposed mAlti-use development of Commercial Highway, Local and General uses. Commonly referred to as the Center Junction Project. 2. Street address of tract (or other location description): Northeast quadrant of Interstate Route I-55 and Highway 34/61. commonly referred to as Center Junction. 3. Names and addresses of all legal owners of tract: Daniel M. Drury, President Midamerica Hotels Corporation P 0 Box 1570, 105 S. Mt. Auburn Road a e Girarde u, tt� 63702-1570 4. rSent zomng classification: R-1 5. Requested new zoning classification: C-2 6. Requested special use: N/A James L. Drury, Chief Executive Office3 Midamerica Hotels Corporation P 0 Box 1570, 105 S Mt. Auburn Road Cape Girardeau,.MO 63702-1570 7. Person handling this application (name, address, phone number): Bob Hahn, Vice President, Development Midamerica Hotels Corporation P 0 Box 1570, 105 S. Mt. Auburn Road Cape Girardeau,.M0 63702;-1570 8. If tract is to be transferred, name and address of intended owner: N/A Page 2 W" 9. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): Name Date Name Date 231 Daniel M. Drury, Presidewt James L. Drury, Chief Executive Officer SECTION B 1. Legal description of tract: Please attach a copy of the latest deed to the property. All of that part of the Northwest Quarter of Section 22. and all of that Part of the Southwest Quarter of Section 15. and all of that part of the Southeast Quarter of the Southeast Quarter of Section 16, and all of that part of the Northeast Quarter of the Northeast Quarter of Section 21, all In the Township 31 North, Range 13 East of the Fifth Principal Meridian. In the County of Cape Girardeau, State of Missouri, More porticuliariy described as follows: Commence at the Southeast Corner of United States Private Survey Number 788, marked by a sandstone as described hereon. thence West, 557.01 feet, thence South 0'25'20" East, 385.97 feet, to the place of beginning; thence South 89"52'43" West, 648.74 feet, to a potnt on the East right of way line of Interstate '55'. thence with sold right of way line South 15'48'19" East. 2.15 feet. thence South 21'17'52" East. 1082.00 feet. to a point 130 feet normal and opposite to Interstate '55' Station 1014+50. thence South 32'36'28" East, 1147.28 feet, to a point 355 feet normal and opposite to Interstate '55' station 1025+75, thence South 55'18'01' East. 564.04 feet, to a point 80 feet normal and opposite to the West bound lane of Missouri Highway '61' station 903+00, thence South 58*55'05" East, 594.95 feet, to a point 80 feet normal and opposite to the West bound lane of Missouri Highway '61' station 908+95.6, thence North 10'26'19' East. 820.34 feet. thence North 00154'05" West, 50.00 feet. thence South 89'05'55" West, 12.00 feet. thence North 00'54'05" West, 120.00 feet, thence South 89'05055" West, 120.00 feet, thence North 004'05" West, 952.65 feet, thence North 42'08'50" West, 409.38 feet. thence North 01'36'50" West, 345.20 feet. thence North 89'01'40" West. 1050.78 feet. thence North 00'25'20" West, 12.90 feet. to the place of beginning, excepting all parts within Missouri State Highway Right of Way and the Right of way of I-Imbough lane. and except a 50 foot right of way granted to the Cape Special Road district for access, and leaving a total of 71.72 acres, more or less, as shown on the accompanying plot. which is hereby incorporated into and made a part of this description. W Page 3 2. Attach to this application a scale plat of the tract, on an 8'/z by I L inch sheet of paper, showing the following: a. All boundary dimensions. b. All adjoining streets and alleys. C. All present improvements. d. All intended improvements. e. All adjoining and cornering property lines and references to all owners listed in Section C. f. Zoning classification of all adjoining and cornering property. SECTION C 1. List names and addresses of ALL adjoining landowners. Include land which corners on tract or which is across streets or alleys. Cape Girardeau County Commission County Office Building Jackson, MO 63755 H&R Alarms c/o Horace L. Eastman 338 Limbaugh Lane Cape Girardeau, MO 63701 _ Paul C. Horn, M.D. 1909 Huntington Drive Cape Girardeau, MO 63701 Carl W. Patterson 113 Franks Lane Cape Girardeau, MO 63701 Benevolent & Protective Order of the Elks 639 Elks Lane Cape Girardeau, MO 63701 OUTSIDE CITY LIMITS Thomas D. Fitzgerald 484 Limbaugh Lane Cape Girardeau, MO 63701 L. R. Roper Jr. Trust, et al c/o Mickey Roper 167 Mallard Pointe Lane Cape Girardeau, MO 63701 Page 4 2. With this application, the application must deliver to the Planning Services Division a stamped, plain business envelope addressed to each of the individuals listed in Section C, No. 1, of this application. SECTION D 1. State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. This will be a total commercial project to serve the highway, regional and local consumer consisting of hotels, restaurants, convenience store,professional and medical offices, banking, and retail consisting of large box and speciality stores. 2. If this is an application for a special use permit, state the limitations you offer to put on the permit relating to time period, tract ownership, size and design of improvements to be constructed. N/A fJ 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 W Page 5 SECTION E 1. State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. The project will provide services to the residents of Cape Girardeau, Jackson and the traveling public not currently available. It will also provide support services for the Veterans Home and the proposed Conservation Research Project. All utilities and services are available at the site. The project also has the potential to generate a substantial amount of sales tax and real estate tax revenue. Please refer to the attached "Economic Impact Study" prepared in 1998. Revised 10/3/00 October 1, 1998 F —1 i.34aamertca lotels eorporamolf DRURY RESTAURANTS, INC. Administrative offices I-55 & RT 61 INTERCHANGE DEVELOPMENT 100 ACRE MASTER PLAN ECONOMIC IMPACT STUDY ESTIMATED CONSTRUCTION COSTS ............................................... $ 100,000,000 ECONOMIC IMPACT CONSTRUCTION: FACTOR 6 x 100,000,000 ...................... $ 600,000,000 NEW JOBS DEVELOPED (Full & Part Time) ............................................ 2,600 INCOME FROM DEVELOPED JOBS (Annually) ......................................... $ 36,000,000 ECONOMIC IMPACT WAGES: FACTOR 6 X 36,000,000 ............................... $ 216,000,000 DEVELOPED CITY, COUNTY, AND SCHOOL TAXES Generated From Real Estate Taxes (Annually) ........................ ........... $ 922,500 PROJECTED 10 YEAR TOTAL ............................................... ** $ 4,000,000 ............ $ 16,500,000 ....... $ 9,225,000 1,375,000 ....... Estimated Sales ** $ 6,000,000 ............ Average Tax Rate 16,500,000 ....... COMPARISON: Acreage (Fully Developed) 4.4 months (Cape & Jackson) $ PROJECT ......... 100 Acres ........... 250,000,000 ............... 1,375,000 ....... 6.6% ....... $ 16,500,000 WALIAART ....... 6 Acres ........... 70,000,000 $ 1,375,000 ....... 7.3 months SALES TAX INCOME BREAKDOWN 1 YEAR 10 YEARS 20 YEARS CITY 1.375% AVG ............... $ 3,437,500 .... $ 34,375,000 +cpi .... $ 68,750,000 +cpi COUNTY 0.5% ................. $ 1,250,000 .... $ 12,500,000 +cpi .... $ 25,000,000 +cpi STATE 4.225% .................. $ 10,562,500 .... $ 105,625,000 +cpi .... $ 211,250,000 +cpi TRANSPORTATION 0.5% ......... $ 1,250,000 .... $ 12,500,000 +cpi .... $ 25,000,000 +cpi SALES TAX GENERATED......... $ 16,500,000 .... $ 165,000,000 +cpi .... $ 320,000,000 +cpi FULLY DEVELOPED INTERCHANGE: Examples Using Alternative Costs: COST OF INTERCHANGE ANNUAL TAX INCOME MONTHLY TAX INCOME PAYOFF PERIOD ** $ 4,000,000 ............ $ 16,500,000 ....... $ 1,375,000 ....... 2.9 months ** $ 6,000,000 ............ $ 16,500,000 ....... $ 1,375,000 ....... 4.4 months ** $ 8,000,000 ............ $ 16,500,000 ....... $ 1,375,000 ....... 5.8 months ** $ 10,000,000 .......... $ 16,500,000 ....... $ 1,375,000 ....... 7.3 months ° Increase of approx 13% of Jackson 1996 real estate taxes. • Increase of approx 7% of Cape Girardeau 1996 real estate taxes. • Increase of approx 26% of the total sales taxes collected in 1997 in Jackson, Cape Girardeau City and County. TOTALS SHOWN ARE NET TO ENTITIES - NO ENTERPRISE ZONE TAX ABATEMENTS. ecod ) P.O. Box 1570 • Yo5 Mt. Auburn Road • Cape Girardeau, MO 63;w-yS7o Phone (573) 334-'546 • fax (573)334-3567 r) PROPERTY SURVEY FOR MIDAMERICA HOTELS CORPORATION N t s ' 3w 6e ].'( s 3r6n/\5.�9lao7c uE) su/ni°T lAsadK(N^."��uwea9I•'p'olw°_.'wo1enno°.l'm'ol¢woi.b.u'•.0.ox� r. ) e�rn0:eM0i l l- ,.. Nd6�ie9l•oo\/ar\.�o w BOarndeeror MPMT 1M& PErlbolechw uGo;aNEaa�° oo. 4Q:G° a4 w c teP r,r no;n;lnE )partNortCity Limits Zoned R-1 SW* Pik,nCoM; qloec dlt;5" ytha"et' m City Limits Line (Typical) —,1 Poarta;nq Sytm oeeG— Oewiw Beot & Ordo, othe Elea -1Zoned R AREA 68.52 AC. Zoned R-1 TANGENT TABLE oow uoe 1 i --K MIR kwrOAMAipx rOR ME CLNr[ - Or eliF-11 oI IS Property sA \ s r .ND ne: AwNT a w+r ndREa was rAKEK r•oM CURVE TABLE u, o HT rwu nANs rcw o rz•srrt 'ss', NSHm ,i :Not in City psmcr Io .ae /I-ss-r(rgs.es. slm 1D. Limits GRAPHIC SCALE - yw mTl LEGEND OF SYMBOLS ® N r/}- OK MW Ab MM MASrK' W STAV[D 1SN17 • rIKKn r/1• w erDN •oD O lgwD L'DMQ usiwAYD DESCRIPTION OF SURVEY M. M. T7:x . :: � mow• �" �5.^^" t enr•r ..�..w`w.H. Nw. w e w w'S:r,.• :..«rr Nw� w .�`w «'sem.+.• :.L TIM wnq wu yerterm•d M •eeerMote wIM l6• rpulnmewte el tM et•wd-& !er 9reMKT lwuMAry wsvT Weyted h tM YW ur1 Bwrd far Amhlteel•. M•E•eM•u•1 wleu•n, •W VM >fueN•Yer•. 11b Ayrll dt4. 1••3. CLW 'A' �MRBTT JAMES L. DRURY & WANDA L. DRURY TRUSTEES Or ME JAMES L DRURY & I WANDA L. DRURY REVOCABLE TRUST BOOK 717, PAGE 143 (AREA K 700 SO.rT., O. ACJ ,%yI Zoned R-1 06"-1 Cenl L;,ntwugh I SIL RECORD TITLE TO THE SURVEYED I al TRACT IS IS RECORDED IN THE FOLLOWING: BOOK 717, PAGE 2 3 BOOK 6 19.PACE 590 BOOK 630. PALE 150 BOOK 4OB, PAGE 771 BOOK GE se9. PA01 - a BOOK 107. PAGE 171 ; u RECORD TITLE IS IN THE NAME Or JAMES L. DRURY, ETAL- NeowADo11 1KNM LANE a u.S Y ' — wd N°RINLaf/ e+t ANO HOLDINGS CONTROLLED THEREBY. ' I ' I I GRAPHIC SCALE - yw mTl LEGEND OF SYMBOLS ® N r/}- OK MW Ab MM MASrK' W STAV[D 1SN17 • rIKKn r/1• w erDN •oD O lgwD L'DMQ usiwAYD DESCRIPTION OF SURVEY M. M. T7:x . :: � mow• �" �5.^^" t enr•r ..�..w`w.H. Nw. w e w w'S:r,.• :..«rr Nw� w .�`w «'sem.+.• :.L TIM wnq wu yerterm•d M •eeerMote wIM l6• rpulnmewte el tM et•wd-& !er 9reMKT lwuMAry wsvT Weyted h tM YW ur1 Bwrd far Amhlteel•. M•E•eM•u•1 wleu•n, •W VM >fueN•Yer•. 11b Ayrll dt4. 1••3. CLW 'A' �MRBTT JAMES L. DRURY & WANDA L. DRURY TRUSTEES Or ME JAMES L DRURY & I WANDA L. DRURY REVOCABLE TRUST BOOK 717, PAGE 143 (AREA K 700 SO.rT., O. ACJ ,%yI Zoned R-1 06"-1 Cenl L;,ntwugh Zoned R-1 ---e Zoned R-1 ;Bw9 osssw R-1 - 110.00'- 6i%0 dNB9'OS': ARE" - . 1150.7 50 . I + I.B] AC. / ,$Zoned R-1 bti`v \ KOEHLER LAND SURVEYING t COAfMERCIAL - MUAMC4PAL - RESIDENTIAL I \ 2IRA STATE ROUTE 'W' CAPE CIRARDEAU, 1[ISSOURI 83701 (573) 335 - 3028 \ CHRIS KOEHLER . `\ •ewew WAYNE KOEHLER __ o� roe TI[ DEKrcwelr NeowADo11 1KNM LANE a u.S Y ' — wd N°RINLaf/ e+t •/n ua Ir Y.S. YI' LwtM — TNT rri+t �y.tti� asrincr q .,� /Ia�-�iesao. r� \ Zoned R-1 ---e Zoned R-1 ;Bw9 osssw R-1 - 110.00'- 6i%0 dNB9'OS': ARE" - . 1150.7 50 . I + I.B] AC. / ,$Zoned R-1 bti`v \ KOEHLER LAND SURVEYING t COAfMERCIAL - MUAMC4PAL - RESIDENTIAL I \ 2IRA STATE ROUTE 'W' CAPE CIRARDEAU, 1[ISSOURI 83701 (573) 335 - 3028 \ CHRIS KOEHLER . `\ •ewew WAYNE KOEHLER __ ca \ \ ss SHEPHERD W. CODY PAIUTE w. 7 DUX L / 4 ° m =o C0 / RO I NO ' 670 Subject y'cy�q, property61 F - Er _ a o W IR ST. EXIT , o, NO. 99 LA -TE ST., CREEK y \ ` A p \ _ 4 r \ HARRIS w. D� VETERANS MEMORIAL DR. / l o `I t� KENN\-t� A'� W1w TRAIL ua ARABIAN O/ \op Q NqT,� SYS SAO[yE-R/EAREEEN • `�� pia '/C'�1 _ L—_ o'; pEi — HUNTERS w' �"9j- J r� R0. STERY R LYNWOOD HILLS DRItANGTC PLUMBNWD 3 $ ( \II � CµCt 61 9 3 NORTHCHUR DR. CANNON ROSE w SCENIC OR. / ( \ GRANITE DR I �� PATRIOT I b ARROWME.L II Y ANNWOCO \ 5 I cARDLE vr�' � R, eE<KR�RE_ � GUNMUNITY DR CENT?F_ /TALLEY NEW W. EAGIE RIDGE Bki.wENRIDG[1�` CIRC�f w\ I \ DR_ DR. V OR l \ THOMAS iI HriaPER L _ ROAD DR. CWS • !. HOPPER RD. RO � / � E � ��\ u CFRD /J n / / - DR. `S. HOPPER IYiHt GDA/( RVN _ STAG rNS Si. I ;1. UOG'M'1X s i JAIR'. U✓E \ ,.lF. I,EW 7 BE. 'LEAF CITY OF CAPE GIRARDEAU, MISSOURI 0 Office of the City Manager Council Letter No. 52 Agenda March 5, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Request for Rezoning of 200 Bellevue Street and Property at the Dead End of Bellevue Street This agenda item calls for the holding of an advertised public hearing on the request of David C. Epps to rezone 200 Bellevue Street and property at the dead end of Bellevue Street from R4, Multiple Family Residential District, and M-2, Heavy Industrial District, to R-4, Multiple Family Residential District. The Planning and Zoning Commission recommended approving this application at its meeting on February 13, 2001, 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 consideration is an ordinance which would authorize the rezoning from R4 and M-2 to R4. KBM/MGM/rlf Respectfully submitted, of Planning Services City Manager n n CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Rezoning Recommended Action: That the request of David C. Epps to rezone 200 Bellevue Street and property at the dead end of Bellevue Street from R-4, Multiple Family Residential District, and M-2, Heavy Industrial District, to R-4, Multiple Family Residential District, be recommended for approval. Vote Count: Favor — 8 Date Recommendation Made: February 13, 2001 Oppose — 0 Abstain — 0 List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens in attendance at meeting: David C. Epps — applicant Recc"d'n Secretary CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For l Rezoning ® OR Special Use Permit ❑ �•�/ File No. 98(o Address of Property 200 -Bel)evue Sfreef CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? Ye -s 2. Is plat sufficient? Yes 3. Will intended use conform to requested zoning? Yes 4. Has intended use already commenced? 14.,.%CC ac -,A4 on L.4►o�w.�swt,Jl�r<<„w„�,�,,�,fZ,,,�,.�f- 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: �)( Veil/ �1 Citytt me Date ...........Z E)................................................................. 1 CITY MAI)YAGER REFERRAL TO PLANNING AND ZONING COMMISSION: ity Manager, Michael G. Miller PLANNING SERVICES STAFF: Date 1. Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date /-/ <�;-<:n Revised 4/21/1998 City of Cape Girardeau, Missouri Application For Rezoning - E OR Special Use Permit - ❑ Fjr.a$ :Use j) �y Date Received in Planning Services Office: i - S - Oo By: — SECTION A 1. Description of the project: Ten Mile High Subdivision part of lot 4 in range F and parts of vacated Bellevue Street and Spanish Street. Also rezoning of Lot no. 2 to R4. 2. Street address of tract (or other location description): 200 Bellevue 3. Names and addresses of all legal owners of tract: David C. Epps P.O. Box 597 Cape Girardeau, Mo 63701 4. Present zoning classification: R-4 and M-2 5. Requested new zoning classification: Rezone Lot 2 from R-4 and M-2 to all R-4 6. Requested special use: 7. Person handling this application (name, address, phone number): David C. Epps P.O. Box 597 Cape Girardeau, Mo 63701 phone: 573 335 6600 8. If tract is to be transferred, name and address of intended owner: n Page 2 9. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 3 and S above and date of signatures): Name Date Name Date Gt.ti� -ikk % SECTION B 1. Legal description of tract: �..� Please attach a copy of the latest deed to the property. GENERAL WARRANTY DEED l"M pQMWMUAL) This Deed, made and entered into this 30TH day of SEPTEMBER 1998 ,by and between JOHN L. SHEETS, Trustee of the John L. Sheets Revocable Trust Agreement of July 1, 1997 of the County of Cape Girardeau , State of Missouri, party or parties of the first part, and DAVID C. EPPS, A SINGLE PERSON BOOK �2PAGE, 4AILINGADDRESS: P.O. BOX 597, CAPE GIRARDEAU MO 63702-0597 of the County of Cape Girardeau , State of Missouri , party or parties of the second part. ( j 1E> 2 1 J WITNESSETH, that the said party or parties of the first part, for and in consideration of the sum of One Dollar and other valuable consideration paid by the said party or parties of the second part, the receipt of which is hereby acknow- ledged, does or do by these presents GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto the said party or parties of the second part, the following described Real Estate, situated in the County of Cape Girardeau and State of Missouri, to -wit: Part of Lot No. 4 in Range "F" and parts of vacated Bellevue Street and vacated Spanish Street, in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northeast corner of said Lot 4 in Range "F"; thence North 81 degrees 56' West, along the North line of said lot, 180.00 feet to the place of beginning; thence South 08 degrees 00' West, 80.00 feet; thence South 81 degrees 561 East, 180.00 feet to a point in the West right of way line of North Main Street; thence with said line, South 08 degrees 00' West, 182.05 feet to a point in the centerline of Bellevue Street; thence with said centerline, North 81 degrees 56' West, 214.33 feet; thence North 08 degrees 00' East, 30.00 feet to the intersection of the East line of Spanish Street and the North line of Bellevue Street; thence North 81 degrees 561 West, with the North line of Bellevue Street, 50.00 feet; thence North 08 degrees 00' East, 232.05 feet; thence South 81 degrees 56' East, 84.33 feet to the place of beginning. All as shown on Plat of Survey by Koehler Land Surveying, dated September 29, 1998, Drawing #98-0483S. SUBJECT to terms, conditions, restrictions and reservations of record, if any. TO HAVE AND TO HOLD the same, together with all rights and appurtenances to the same belonging, unto the said party or parties of the second part, and to the heirs and assigns of such party or patties forever. The said party or parties of the first part hereby covenanting that said party or parties and the heirs, executors and administrators of such party or parties, shall and will WARRANTAND DEFEND the title to the premises unto the said party or parties of the second part, and to the heirs and assigns of such parry or parties forever, against the lawful claims of all persons whomsoever, excepting, however, the general taxes for the calendar year 1998 and thereafter, and special taxes becoming a lien after the date of this deed. IN WITNESS WHEREOF, the said party or parties of the first part has r have hereunto set their hand or hands the day and year first above written. O L. SHEETS, Trustee STATE OF MISSOURI S OURI ss. On this 3OTHlay of SEPTEMBER 1998, before me personally appeared County of Cape Girardeau JOHN L. SHEETS, Trustee of the John L. Sheets Revocable Trust Agreement of July 1, 1997 to me known to be the person or persons described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. My term expires "^� Notary Public L. DANISSE ROBS Nab" tom. MK.,, e,,.r Cape aim*=Cotattyy W Ctxtttnissm Exp = !ami ty Page 3 2. Attach to this application a scale plat of the tract, on an 8'/z by 11 inch sheet of paper, showing the following: a. All boundary dimensions. 1/" b. All adjoining streets and alleys. C. All present improvements. ' d. All intended improvements. '" e. All adjoining and cornering property lines and references to all owners listed in Section C. f. Zoning classification of all adjoining and cornering property. SECTION C 1. List names and addresses of ALL adjoining landowners. Include land which corners on tract or which is across streets or alleys. Ruby Brown, 432 Sequyah Ln., Cape Girardeau, MO 63701 Thomas Dohogne, 319 N. Main, Cape Girardeau, MO 63701 Boyd Missouri, Inc., 2950 S. Industrial Rd., Las Vegas NV 89109-1100 Burt Kellerman, 6 S. Fountain, Cape Girardeau, MO 63703 Steven Limbaugh, 205 Bellevue, Cape Girardeau, MO 63701 Jack Sheets, 1749 Potomac Pl, Cape Girardeau, MO 63701 Ora James Gibson, 336 N. Lorimier, Cape Girardeau, MO 63701 IN r) Page 4 2. With this application, the application must deliver to the Planning Services Division a stamped, plain business envelope addressed to each of the individuals listed in Section C, No. 1, of this application. 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. Residential home. 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. Is a transfer of ownership of the tract dependent upon the approval of this application? IM 4. Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract? If so, give the date and state the prior action taken. No. Page 5 SECTION E MA State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. Lot no. 2 not suitable for M-2 use because of size and topography but wonderful for R-4 use because of river view. Also neighbors to north are residences. And neighbor to south is multi -family residence also R-4. V R"isad 1013100 f It of �/ � k�J� • g��-F O �� O Q �� C SO 'ga, ,��5 o8 1;€ 1 b 0 all 5ag$a $ $ p a cr b �, m �� _ � � ��$� � $ � �� ,x„,111,1„,�`�• � fag ��g�N >w� � �� b� `,•��.� 1 - $ •$ W E KiN/p�iNp}p� '.7�y ��:9 .Vppe (\j 0 .9020t • 0 a W W M u 0 X02 � it-illT�� 1 8 199 m po � a 'Dow #. qp �'PoS ��,� •� �1 ��p, •� .00�gp,g7 Iy 1 8 2 8 � 1 _ 1 Roo -b `r'�O°Mp�p 1 � e 4 W I OW ORES r A. 4,V 40Y tN CO R11 C4P, ROCk APF Lq PR 13, \x\ FL "ON" ROONK D. ',CT AVE � LEXiNG CCN AYE. ROSII -000 OAK (AIRWAY SLIS OR COD TR, Cly 3-woon o OLD o CR DR SSA gyp- G WAY 0 DR. nmo, BROOKWOOC P4 E-EN AY" 7, 2 OAKLEY 0' n DR SF— N,; LAM, SrcaP OR GR F, Si T-- 7 Subject Property CITY OF CAPE GI ARDEAU, NUSSOURI Office of the City Manager Council Letter No. 53 Agenda March 5, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri RE: Request for a Special Use Permit for Townhomes (Condominiums) Dear Mayor and Council Members: This agenda item calls for the holding of an advertised public hearing on the request of Lionshead Investments, LLC and Kinder and Maurer Developments, LLC for a Special Use Permit for townhomes (condominiums) in the 2900 to 3000 block of Beavercreek Drive. The property is currently zoned R-4. Certified copies of the following items are herewith presented as evidence in this public hearing for your consideration: 1. Section 30-39 "Special Use Regulations" from the City Code. 2. The Application for Special Use Permit. 3. The Application File. These items are attached to this letter and are included in your agenda packet. The Planning and Zoning Commission recommended approving this application at its meeting on February 13, 2001 by a vote of 7 in favor and none in opposition, with 1 abstention. There were no citizens present in opposition to this request. It is recommended that the City Council hold the advertised public hearing. Attached for first reading consideration is an ordinance authorizing this Special Use Permit. Respectfully submitted, ent . Bratton Di for of Planning Services Michael G. Miller City Manager KMB/MGM/rlf ( 30.31 CAPE GIPA11DEAU COM Iia slructurvs rill be erected or re- main many portion of the lot escepl ax provided for under herr C. hereof. d. No signs shall be erected m the park ing area except az approved by the city council. e. Parking areas shall be used for park - lag palm. Private paaahger vehi- cles only. and azo charge shall be made for parking within such Premises. C The parking "I be set back in con- formily, with the established or rc- quited yards for residential uses and, when a Parking ares adjoins a dwell- ing use, it shall have • minimum side yard often (10) feet. C. The parking area shall be suitably —..d a kneed, paved and drained, lighted and maintained free of debris. f21) Any `C- district use in an'R' district. Q2) AU uses for which special use permits arc required by other sections of these regula- tions. (33) Baddiags in excess a the height and -tory raghrinwmt set forth in -ectim 3056 for 'Rj' and'62' district., Provid.d side yards are ieeeased in width one (1) foot for each foot of bright, that the building "meds the height regulations of the district in which it is baled up b • height of seventy-five (75 ) feel and thereafter no imcresu in side Yards mall be required for any height in saom. of seventy-five (75) feet. Qct Any "f% district use in a wore restrictive 'C' district. CZ51 eltism housing under the (allowing ris 4swad only in 'R-3; 'R-4' and 'C- .; Only senior atimms, badiespped or disabled isdtvldhrak would be permil- /ad Is tool puresa or inhabit units allowed ender this chapter. a. A Permanent aige, prominently 4. Played. awd be plead on the wilding clearly kbeling the structure as anion a— X. 02 19GG citizen housing, and also having gxrc. upon the endinance number establish inc the structure as senior eiliten hous- ing. (26) Reserved. (27) Tux manufacture of commercial cooking and catering equipment in 'CT districts. (28) Recycling in 'C.2; 'C-3; 'M-1' sir 'M-2' districts, including salvage. processing and storage of paler and paper products; alu- minum tans and other metal containers; doth, clothing and rags; plastics and rub- ber products' lumber or wood products; and glass. Provided, however, that all p Dre ss- ing, treatment std handling s(the above- described materials. other than leading and unloading from transport vehicka, shall be inside of a building and all storage of well materials shall be either inside of a build - b6 or in dosed transport trailers, in such a manner as not to create a nuisance by virtue of odor, vermin, emission, or dis- charge. Provided further that MYproeess- ing of suchmaterials shall mol .rule a nuisance or health harard by virtue of noise, odor, emission, discharge or byproducts. lading and unloading of materials from transport vehicles shall 1. oompleled and (Ix transport vehicles removed fiten the premia" within twenty-four (2e) hours of the .cocipt o(a tronspwrt vehicle on the premia". E.clusions: • No.pedal tau permit shall be required under this section for any Penan. caa. pony as Gras engaged in reerAmg ac- tivity, of its son products which Bre manufactured w said m the premise - when arch recycling is done in support of !h. principal operation of that Wei - Deal. b No special use Permit will be rsquin d under, the prelkk^a @(" sadian lot recycling activity aanducted by nam. Profit organissasks for periods est es- ceoding thirty (30) d.Y. in MY Wen d.r year. ZONING (d) Special uses. (1) Public or private landing field, landing strip, helicopter landing pad, heliport or other landing ares for all forms of aircraft; auto race track and drag strip. (2) Amusement park, but not within three hundred (300) feet of MY 'W 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 Wild- i.gs (or total units of government and substate agencies. unless olherwiu to- oted within a Boning district which would allow a commercial or institutional facility of the sane nature as a use -by -richt. (4) Cemetery, crematorium sir mausoleum. (5) Church or other place or worship, or Sun- day school. in'R-1: 'R-2: ar'R-3'residew tial districts. (6) Circuit er carnival groundis, but not within three hundred (300) feet of any'R' district. (7) Commercial, recreational, at amusement development for tonnporary or ae-m- al Pe- riods. (8) Uklereed.l (9) Institution. college, or hospital provided that any hospital " tnatitution permitted S.It, N. IZ 4301 in any *W district shall be located on a sit of mol Iva than A" (6) acres, shall no aeupy more than forty (40) percent of th total lot area, and shall be set back from s! yard lines at loast two (2) kat for each AN, of building helght- (10) Main or dock. (11) Nursing beat in 'R' districts. (12) Office building of a civic, religious a chs, stable orgadution, conducting activitic pr(mars7y by Brad and sol handling mei ehardise R rendering services on the prem is". but only within the'R-l' district. (13) privately operated community building r recreation Gad. (14) Public utilities. (15) Riding stable. (16) Radio or television broadcasting tower < statim. (17) Residential uses a provided for in sectior. 30-28 ((}1 Districts) and 3053 (M-1 Di tricts). (18) Ttaval trailer camp. in the'G2; 'M' districts- No travel trailer may be nsr for any roddential purpose either tra siently or permanently unless located in trailer camp es mobile home park. (19) The extraction of aand, gravel, and oth, Mix materials requiring the removal of s overburden above the deposit, Provide however. ashy bulk storage tiextsacted m- terial es overburden and any processing esfradion maddniry se the open face any tut sh.11 be at kart five hundred (60 feet from army raidmtial structure, drat W place. (20) parking hured(30o)feetGomt�lx�boukd(' three hundred , .( any 'C' or 'b(' district. provided ti following standards are met a. Ingress and e((ress to such lot shall i from a street directly serving the ca' men,i4 business or industrial dis(ri, b. No business involving the repair service of vehicles, or sale, or di'Pl oo therecill"I benducted f— Or up 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 gowmmmt unit engaging in recycling activity for its internal op- eration purposes only and not for male to the public for profit. (29) Residential or, outpatient facilities for the treatment o(akdwi es other drug abuse for not exceeding twenty (20) persons in 'R -t' districts, or for more than twenty. (20) persons in 'C' districts, with the provision that no special use permit shall be issued far such a facility unless the applicant for such permit provides evi- den" that he has provided written rati- fication ofthe 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 PmP- erty on which the treatment facility is to be ported. Mather. the exterior appear \ once of the tnatment facility shall rea J sociably confom to the exterior appear - •ace of other buildings to the vicinity and a treatment facility shall not be located dour than three hundred seventy (370) feet to any other substance abuse facility. (301 Sirwk ordouble-wide, manufactured Mme er manufactured business units for oRcc purposes only in 'M-2' heavy industrial districts. (31) Family day cue homes for the we of more than his (6) children but not more than len (10) children in a residential six. (321 Excursion gambling beat se floating 9 --- tiling facility in —7'C' er'M' district, or combination thereof, with the following provisions: .. Aeoeuory use- directly connected, associated Bre linked with the •perm naw of an ouursien gambling boat M floating facility shall be included with. and mads a Put*(. aaY spxctal we permit iaeod therefor and -hall -Ice be within a 'C ar 'M' dstrict, or combination thereof „ n 1967 Accessory uses associated wit. eacunsim gambling boat or Go: facility shall include the follow. 1. Boat support facilities. 2. Docking or mooting fadlit 3. Employee support faeilitie t. Ground transportation I- lia. 5. passenger ticketing and r tim facilities. 6. Parking (edit!". 7. Security facilities. 8. Signs, indudine thou citta to a building or other at-, a boat er floating fadlit otherwise placed on the r is" constituting an encu gambling boat or floating icy site. Offst"d parking. Ofr.street ing and loading frWiti" sill provided as specified in section of this ch-Wx. except that tl- qui.mst for off-sttect Parka an excursion gambling boat or tog facility and its socemircy shall be one ad ome-Lelf(1W s, for every, two (2) passengers. 1 m maximum occupancy. Plus o. pamper employee- the man shift. la addiill m. fv11+1ae bus ing Were shall be Provided quired by the planning and z cohnmiaios and city ommdl. Sitespaciaallmml�it untie. In *Pl a) shalt section, the developer(- win • forma) ptsn for r, hick induct". buct bur k mol nee ily limited to the following' 1. M.P. and ether graphic, ds WA si I. UA rrpertie owed, kaaed.spilmed• c paced for such. See. 3059. Spatial ass regulations. (a) Subject to the provisiau,(this sectian, the city eeuned may by ordinance an its own motion er on application Crust a special use permit for the especial uses enumerated this section soy a districts a beets qualified from which the rtes are otherwise prohibited by this chapter. The city council shall impose appropriate conditions and safeguards for the issusnteof the special use permit, which may include ■ specified period of time for the permit, a limitation e( the persons who may carry out such use, and limitations upon er requirements for the ase er design e(bulldings and other imp In nmmts upon the property, all for UK purpose o(protedu%C the comprehensive plan and mnservfne and protecting property and prop- erty values in the neighborhood. (b) Applications for special use permits stall be made and processed in the same manner as provided in section 305 relating to applications for district changes. (1) The city council shall determine whether such building w use will: a. Substantially increase traffic haz. ardses congestion. b. Substantially incess , fire hazards. c. Adversely affect the character of the neighborhood; or in respect to spe- dal use permits for dwelling pur- poses where required, be adversely affected by the character of the neighborfiood. d. Ad%vmly affect the genual welfare of the community. e. Overtax public utilities. f. Be to conflict with if. comprlehen.we 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 of. firmhati" as to any subject, then such per- mit shall be denied. (e) Any Proposed special use shall otherwise comply with all the regulations set forth in this chapter for the district in which such use is located, except that the city council may permit hospitals and 6vfitutiaos to exceed the height limitations of such district. ( 30.31 CAPE GIPA11DEAU COM Iia slructurvs rill be erected or re- main many portion of the lot escepl ax provided for under herr C. hereof. d. No signs shall be erected m the park ing area except az approved by the city council. e. Parking areas shall be used for park - lag palm. Private paaahger vehi- cles only. and azo charge shall be made for parking within such Premises. C The parking "I be set back in con- formily, with the established or rc- quited yards for residential uses and, when a Parking ares adjoins a dwell- ing use, it shall have • minimum side yard often (10) feet. C. The parking area shall be suitably —..d a kneed, paved and drained, lighted and maintained free of debris. f21) Any `C- district use in an'R' district. Q2) AU uses for which special use permits arc required by other sections of these regula- tions. (33) Baddiags in excess a the height and -tory raghrinwmt set forth in -ectim 3056 for 'Rj' and'62' district., Provid.d side yards are ieeeased in width one (1) foot for each foot of bright, that the building "meds the height regulations of the district in which it is baled up b • height of seventy-five (75 ) feel and thereafter no imcresu in side Yards mall be required for any height in saom. of seventy-five (75) feet. Qct Any "f% district use in a wore restrictive 'C' district. CZ51 eltism housing under the (allowing ris 4swad only in 'R-3; 'R-4' and 'C- .; Only senior atimms, badiespped or disabled isdtvldhrak would be permil- /ad Is tool puresa or inhabit units allowed ender this chapter. a. A Permanent aige, prominently 4. Played. awd be plead on the wilding clearly kbeling the structure as anion a— X. 02 19GG citizen housing, and also having gxrc. upon the endinance number establish inc the structure as senior eiliten hous- ing. (26) Reserved. (27) Tux manufacture of commercial cooking and catering equipment in 'CT districts. (28) Recycling in 'C.2; 'C-3; 'M-1' sir 'M-2' districts, including salvage. processing and storage of paler and paper products; alu- minum tans and other metal containers; doth, clothing and rags; plastics and rub- ber products' lumber or wood products; and glass. Provided, however, that all p Dre ss- ing, treatment std handling s(the above- described materials. other than leading and unloading from transport vehicka, shall be inside of a building and all storage of well materials shall be either inside of a build - b6 or in dosed transport trailers, in such a manner as not to create a nuisance by virtue of odor, vermin, emission, or dis- charge. Provided further that MYproeess- ing of suchmaterials shall mol .rule a nuisance or health harard by virtue of noise, odor, emission, discharge or byproducts. lading and unloading of materials from transport vehicles shall 1. oompleled and (Ix transport vehicles removed fiten the premia" within twenty-four (2e) hours of the .cocipt o(a tronspwrt vehicle on the premia". E.clusions: • No.pedal tau permit shall be required under this section for any Penan. caa. pony as Gras engaged in reerAmg ac- tivity, of its son products which Bre manufactured w said m the premise - when arch recycling is done in support of !h. principal operation of that Wei - Deal. b No special use Permit will be rsquin d under, the prelkk^a @(" sadian lot recycling activity aanducted by nam. Profit organissasks for periods est es- ceoding thirty (30) d.Y. in MY Wen d.r year. ZONING (d) Special uses. (1) Public or private landing field, landing strip, helicopter landing pad, heliport or other landing ares for all forms of aircraft; auto race track and drag strip. (2) Amusement park, but not within three hundred (300) feet of MY 'W 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 Wild- i.gs (or total units of government and substate agencies. unless olherwiu to- oted within a Boning district which would allow a commercial or institutional facility of the sane nature as a use -by -richt. (4) Cemetery, crematorium sir mausoleum. (5) Church or other place or worship, or Sun- day school. in'R-1: 'R-2: ar'R-3'residew tial districts. (6) Circuit er carnival groundis, but not within three hundred (300) feet of any'R' district. (7) Commercial, recreational, at amusement development for tonnporary or ae-m- al Pe- riods. (8) Uklereed.l (9) Institution. college, or hospital provided that any hospital " tnatitution permitted S.It, N. IZ 4301 in any *W district shall be located on a sit of mol Iva than A" (6) acres, shall no aeupy more than forty (40) percent of th total lot area, and shall be set back from s! yard lines at loast two (2) kat for each AN, of building helght- (10) Main or dock. (11) Nursing beat in 'R' districts. (12) Office building of a civic, religious a chs, stable orgadution, conducting activitic pr(mars7y by Brad and sol handling mei ehardise R rendering services on the prem is". but only within the'R-l' district. (13) privately operated community building r recreation Gad. (14) Public utilities. (15) Riding stable. (16) Radio or television broadcasting tower < statim. (17) Residential uses a provided for in sectior. 30-28 ((}1 Districts) and 3053 (M-1 Di tricts). (18) Ttaval trailer camp. in the'G2; 'M' districts- No travel trailer may be nsr for any roddential purpose either tra siently or permanently unless located in trailer camp es mobile home park. (19) The extraction of aand, gravel, and oth, Mix materials requiring the removal of s overburden above the deposit, Provide however. ashy bulk storage tiextsacted m- terial es overburden and any processing esfradion maddniry se the open face any tut sh.11 be at kart five hundred (60 feet from army raidmtial structure, drat W place. (20) parking hured(30o)feetGomt�lx�boukd(' three hundred , .( any 'C' or 'b(' district. provided ti following standards are met a. Ingress and e((ress to such lot shall i from a street directly serving the ca' men,i4 business or industrial dis(ri, b. No business involving the repair service of vehicles, or sale, or di'Pl oo therecill"I benducted f— Or up 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 gowmmmt unit engaging in recycling activity for its internal op- eration purposes only and not for male to the public for profit. (29) Residential or, outpatient facilities for the treatment o(akdwi es other drug abuse for not exceeding twenty (20) persons in 'R -t' districts, or for more than twenty. (20) persons in 'C' districts, with the provision that no special use permit shall be issued far such a facility unless the applicant for such permit provides evi- den" that he has provided written rati- fication ofthe 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 PmP- erty on which the treatment facility is to be ported. Mather. the exterior appear \ once of the tnatment facility shall rea J sociably confom to the exterior appear - •ace of other buildings to the vicinity and a treatment facility shall not be located dour than three hundred seventy (370) feet to any other substance abuse facility. (301 Sirwk ordouble-wide, manufactured Mme er manufactured business units for oRcc purposes only in 'M-2' heavy industrial districts. (31) Family day cue homes for the we of more than his (6) children but not more than len (10) children in a residential six. (321 Excursion gambling beat se floating 9 --- tiling facility in —7'C' er'M' district, or combination thereof, with the following provisions: .. Aeoeuory use- directly connected, associated Bre linked with the •perm naw of an ouursien gambling boat M floating facility shall be included with. and mads a Put*(. aaY spxctal we permit iaeod therefor and -hall -Ice be within a 'C ar 'M' dstrict, or combination thereof „ n 1967 Accessory uses associated wit. eacunsim gambling boat or Go: facility shall include the follow. 1. Boat support facilities. 2. Docking or mooting fadlit 3. Employee support faeilitie t. Ground transportation I- lia. 5. passenger ticketing and r tim facilities. 6. Parking (edit!". 7. Security facilities. 8. Signs, indudine thou citta to a building or other at-, a boat er floating fadlit otherwise placed on the r is" constituting an encu gambling boat or floating icy site. Offst"d parking. Ofr.street ing and loading frWiti" sill provided as specified in section of this ch-Wx. except that tl- qui.mst for off-sttect Parka an excursion gambling boat or tog facility and its socemircy shall be one ad ome-Lelf(1W s, for every, two (2) passengers. 1 m maximum occupancy. Plus o. pamper employee- the man shift. la addiill m. fv11+1ae bus ing Were shall be Provided quired by the planning and z cohnmiaios and city ommdl. Sitespaciaallmml�it untie. In *Pl a) shalt section, the developer(- win • forma) ptsn for r, hick induct". buct bur k mol nee ily limited to the following' 1. M.P. and ether graphic, ds WA si I. UA rrpertie owed, kaaed.spilmed• c paced for such. mals GK CItMa1W.AU CONE 2. The laeats■w mad gestural CIses ental buYiwerMeuatutw, part• It6lata and otlnw fineD: W s oro in W04 thedeeei.pwetl, btdod- (me Ata on alae, facilities, and eatwpoussymnMs mfllw planned oars 1 Cam ingballKilsat- (se Udbtx mad accessary anon. 7. Evidence that the development contains wQuaonl load to pm. vide for any tecasawy or pro Poe" lmdside development and topped (acnitis, boded. isC parkloc and the deuebp- mant incudes oalfdent river 6entafe W amomraedste loca- tion and operation of the planned excu siom C.mbling boat w 8caUK faclity. 4. An impact analysis including. but wet limited W. expected ac cons recess, trace volumes, teak hours of aperalhen, needed read waft improvements centrals ssoessay W axom- modate the Proposed uses and traffic volumes, and plans for onsite security and disaster re An balWings and permanently mewed structures shall comply with applicable standards of the sty's building codes. Furdow, w occv- pssV permit for Soy teonaocy ase art faith 4 this section aban be loomed point to the issuance of oocc- paap permits far all sew land-based pormatent structures proposed as a pact of the -, ... . I The city 010 -All Wye however at los disue- aWa &pp- a temporary occupancy person far cry accessory use fon a pentad of cue (1) year Y the required Ised4tosed structures are act con. Victor. Ort Mid'wafduuse or wNatnrage units in ,r_r w ,C -T d;Arkte. OGI Pmklsg (wages: For outlined or sernl- eadoned imrking garages only. parking F tow A 4" Spate dimwadona sass than the mnMnbwuto Site required is " ordiaatse may be app vied ander a special Gas penal. A buildinplparkbK plan sad documentary jurtlGedlan far a requested variation fresh the minimum standards mutt be submit. ted with any application hereomder. (351 Assembly and manufacture from pre fabricated parts of electronic and similar products in C-1 districts. (36) SmEkwdouble-wide, manufsctuted h - or manufactured business units tar tem- porary ofiee purposes only dwiaf oon- st:uclion or remodelinC of a main build- ing in 'M-1' UCU Industrial Districts. Any special use permit, if approred, will become effective only upon the Isausnwe of a building permit for a main bunding. AI I such temporary offm units dull be re- moved upon eocupamcy of the compteted construction K completion W abandon- ment of the construction work. whichever occurs fust. (37) Double -wide manufactured braes (mo- bile hones) hn'R-I."R3; 'RJ,' w'R4- distcicts, with the following provisions: a. The manufactured home shall be in comptiara with Fede sl Manufac- tured Home Construction and Safety &aadasds, adapted June 15, 1476, as amended, and ldhssoun public Service Cemmisdca "Am- b. The waft when complete shall have a .Ibd rmwidthdartlasthattwa- ty{cur %4) famdafion feet u mea- sured at an points perpendicular W the {meth of the manufactured hone. which shall rest be lou than forty- two (42) foundation feet_ TMs Stan- dard Is intended I. oestriol wd" W the type which we braced W the site I. parts, 4Vkatty two (21 hal- -GGA at least nae thousand eight (1,008) square fact minimum. C. All wheets,spriam axles,WAS snd Waving apparatus dull be mooved. LEM;) (roti CItWROE.W (wilt GIGS or for residential in ambiGaliun v,kh chop gift counter uses u ad forth is section 3041.71w IawloI I pian shall to eerarred W the plan. tiff and toning commission for study and report. Approval colon be moditiefed upon Spcaf- find - bap (hat life ptepeesd emamrmi(y salt pt- meets dw folloorttg mocalkimms: (11 These the proposed development of any `C{' planned eomateaiat district in. dudd a a part of the plan complies with the regulations for chat districts ar tet forth Y astlioa 8031. W That the bandiozs, other than those b- ath within a 'C4' district, bated in the arra oball be used only for one -family dwrlliag; two-family dwellings, or multi- ple dweniop and the usual amessory oma walk u private or parking garages. oterage spa and for community acivi. des. Indudine churches and schools. O) That tha average lot area per family con- tained is the site, erdusive of the area ooeupled by a'C4' district or by streets, will tet be Into than the lot area per family required fG the district m which the development Is located. to Ilu t the ass Is adaptable W complete ommmumi(y development, being bounded by smajtr doweuthfares, streets, tell. roads, or allow salerad bturiea, and in. aefar as possible wbhau t a mSbr door- tugh4re Ardis[ through the prawt, wapsthwphyv:cal foatwe which would tond to impair the msglubadaod or com. monk! sshedvroes. C61 That as more that t.onlylne (251 per. mm of Aw grew area, of an pr*od be drveWd to "Cd' diatrtct and Ant Go awre Ansi Mir thiol psraeK of the groes nes of Ws pe A I brood M a single. fam9y district Iw fle eted te multiple. co"ydw~, 41 111wl amlliid" ant Is teeareod fon reue- alNMl ant educational facOkles to meet dos nook d(does ikipatedptpusciam,w as deslptalsf M Aw otmprdwtwiw Visa. (71 That property adjacent W the area in eluded in Ane plan will sot be adversely affected and W this end. the city council may tequla. in the absence of any appre priate physical barrier. that cams of least iate *4 or a buffer of open apace or seelnbh( be wranged alone the bodes of the prejwL (6) That the plan is consistent with the intent and purposes of this chapter W promote public hnith, safety, worsts. and Central welfare. (f) Htha city co tact approves the Plain. build - Ing permits and certificates of occupancy may be issued, even though the use of the land and the location and be(Cht of buildings W be erected in the area and the yet& and open apace conte - plated by the plan do Got conform W all resptcts W the district regutatwns of the district in which it Is located. (C) An application for a special we permit under this section may be nude and proonsed contemporaneously with a proposed amerAment or the district W which such site lies. (hl A ape" use penult shah automatically expire upaa the "nun to dew" the use of the load for which the apodal use permit has been ka ad H the un Is Get developed withLh twelve (12) montha atter (he permit has beat issued. (i) Im the event Ane mot of the lad (or wh)th the special use persalt has been Issued is diaowh tined fon a period Grano (1) )ear, thea the special nese persak shall automatically ezpire- (Gale 1967. 130-36. Ord. Me. 660. 1 1. 2.149. ord. Me. 764, 1 1.6.1849; Ord. Mo. 713. Axl. 1. 12-I4144; Otd. W. U6, told. 4. S. 4.16.60; Ord Ms. 96% srL S. 1.1641; Old. No. 1065, ant. i. 6x641; Ord. No. 1237, all S. 9-2142. No. 1469. mol 2.12-20-03; Ord. no. 1629. ars. 2. 3. 6-16-04; Ord. Me. 1651. old. 6.6.6 -soot; Ord. Na.1780, wt 2, 6 -IM; Old. Me. IT". tris. 6.6. s-16-05; Ord. Mo. 1110(. at. 1. $4046; Ord. Ne. 9060. art. 1. 11./64145; Ord. Me. 2196, old. 7.6. 14147; Ord, Na. 2262. art. 2.10.110-07; Ord. NO 22611, a2 1. 10-0047; Ord. Mo. U87, ad. 2. sd6-041 l d. The salt ORION. be VonaateGAy le - stalled on a properly 4eskue4 ea - 1.1 1 foaalatka systent is aacac- Ana with the SOCA National EulMill( owe. e. Orientation of the manufactured housing unit on the lot Shall an(ann to the Game orientation sa the ma- jority of conventionally built atruc- Was in the immediate area (within three huadc d (1001 fal). Eauapl<: Front door W front lot line, rear dos te rew lot line. C Roof amt be a gable or hip rode( at load three (3) in twelve (12) pitch or greater and covered with material that In residential in appearance. including, but act limited tA ap- proved wood. asphalt composition or fiberglao shingles, but errludingcor. rugated aluminum, eornkgsted fiber- glass, or meld roofs; eroept for W - witted Ark areas. an roof structures cull provide an ave projection Ano leu than six (6) index and no greater than thirty (30) inches. g. Exterior siding or covering doll be of a type, quality and appearance customarily used on eonventiaully bull boanes. h. The bt ahan be provided with a had onrface(rhot earthen in mature) drive- way tot leu than Gime (9) feet wide with side -yard parldeg oufcleat for the placement of at least two C2) vehicles. L A minimum of eighteen (18) lathes oremorl space under the entire man- ufactured home dun be maintained. j. Peswnent steps shall be sal at all eUwnal eocts with appropriate hand- ralle and/or guard rails. It. Tie wait doll be served by a water supply and sewage disposal eydom M accordance with the International Plumbing Code. as currently adopted by the city. S.M. R. 20 1969 1. The Hall sk Airviod b tttesl IfatleaalIWId Oode tss(b adspldi by lha sty. a. Any each structure sohw atafasa to all appue" .. wbdirisionotdlemmosa Sac patinant ordinance in all time of haatanatit or roe indudtwg setback requir v (38) Halfway hsuws for the schabi aduk peroow who are prisooak ptisowees, eaysslybs located l pppprovedd,, ew a LOCA, to the additional conditions: a. Ons (1) parsing space for (4) residents, includine Amts. b. The proposed facility she appropriate and seasonal, c The fruity elan have r evidence of such use an advertsmg tach tae. d. At the time of original a the proposed facility Is to within five hundred (6C another such facility, tub or paaddd School, groul adults wktveades, octal convalescent home (center; Gunnery or boarding ham anter residential zone, e Wmtiah woe, or facility fo laity w pltydcally bandit ally aumcn my requite tiond conditions ore the i pact as it feels an m minimize the effect of th sins on the mo roundinc p e. 17wappUuntshaildema there shill be m netathn property within five but feet of the proposed f -M (391 Miaobkewecy or pub brewery 'C3', or 'U-1 district. W Community snit pls - Tie aw tract ofland saw requests Rww ter( the use and derelopmentaf uch tract CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Special Use Permit Recommended Action: That the request of Lionshead Investments, L.L.C. and Kinder and Maurer Developments, L.L.C. for a Special Use Permit for townhomes (condominiums) in the 2900 to 3000 block of Beavercreek Drive in an R-4, Multiple Family Residential District, be recommended for approval. Vote Count: Favor — 7 Date Recommendation Made: February 13, 2001 Oppose — 0 Abstain —1 List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens in attendance at meeting: Jeff Maurer — applicant %ie cwchl) 3 Secretary CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning ® OR Special Use Permit ❑ File No. 987 Address of Property NE Qaadranf 1-55 r N,_ ghwag 341&1 !vim CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? 2. Is plat sufficient? Yom! 3. Will intended use conform to requested zoning? i� t 4. Has intended use already commenced? 5. Comments: �� /4. -t� I / -z City er/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: 'VFT�� 17-M J*J' 2 ?4'z�r Date 0 N 1 EAGER CITY M REFERRAL TO PLANNING AND ZONING COMMISSION: City Manager, 1\G. Miller PLANNING SERVICES STAFF: f —Z C –� 1 Date 1. Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date Revised 4/21/1998 �j City of Cape Girardeau, Missouri Application For Rezoning — ❑ OR Special Use Permit --® ><4a Date Received in Planning Services Office: - 31 -01 BY r� SECTION A Description of the Project: Development of a neighborhood of 10-12 townhouse units. 2. Street address of tract (or other location description): Beavercreek Drive Cape Girardeau, MO 63701 3. Names and addresses of all legal owners of tract: Lionshead Investments, LLC G. Keith Deimund 2316 Jean Ann Drive Cape Girardeau, MO 63701 334-4076 4. Present zoning classification: R-4 Requested new zoning classification: Not Applicable 6. Requested special use: Townhouse Development 7. Person handling this application (name, address, phone number): Jeffrey J. Maurer Representing Member of Kinder & Maurer Developments, LLC 2307 Kenneth Drive Cape Girardeau, MO 63701 335-9433 8. If tract is to be transferred, name and address of intended owner: Kinder & Maurer Developments, LLC Jeffrey J. Maurer 2307 Kenneth Drive Cape Girardeau, MO 63701 335-9433 FROM : FAX NO. Sep. 12 2000 04:06PMP1 RM;IrES .Y .r . ,_1 - 734-2� �i d l:� u� It I'-- . �OP;PAN?cS Tf'_ : page 2 Pv'FORMATION CONTAINED IN TI I'S 9, I STATE UPON MY OATH ?HAT ALL THF. i�t� in Items 3 and 9 APPLICATION is TRUE Iret of shave and date of d8extureaj N&W Dw/ Nam ate 01 r Legal desorip6 m of UTA' Please attach a copy of the utast dead to the praperty. TF AT PART OF SOUTH Kot p C1pFRf CIIOM1, ACTION 26, 70*WSHIP 11 NORTH, RtNiiL 13 EAST, C011N(Y OF C-41% c x1R+dW-A V' MH7 F OF?t11= Wtl. E9CRIW A8 #V,U O� t aama to tlf the Nerd l etirt+er of—Moll N"A 88 Subkvwm &, S; tl�sttasSw1h i*&n � 071st~ begW.A tso.o OmaNorth 1 da�t'ct 34' ,ses 0,321, lye 61, t, w the place 0f hsRirrni . re 2S' 320 Wvt 383.OfOd; tMn,"r50uth 18 Eart, U 1'eati alex"Yor 1 � { on Hat No14hh 1W q fDraverrtssk Drive,' &O"s So' 33" West 354 1?fes , ,o apoln N tleerrar atonR thr tftmm with akdNvr'A 11", ,SoctR 79 dR�ps 2.1 2? EaA 38.352,Jh feAt; aMince im. arc ora cow m k1t aka t, a ratters o; d Orad of a curve to !hs doter, d8 ds�s 37 0� Fist 1-3 4.43 Jest; . $ SOW 49 8 23022- 125. hawAg a and w Qr11J. 0 a dlsConr of 86.31 ftp, ARM a radrw of 1 S, a 64 � a Ad S4 fed; S was a1oa9 At aroofa cur+r so tht ! li, man* dtalhnes of X 914feet; thaw ltaving sold urs�►�rvsk A*1•s# t rieawR U7' 3!" JW, 249.62 fter limos Nor& 46 *gma 21' 09, EW 60,1004 to PWa of bogwift and MS f,10 aems, IfIft" d"" 'em' Page 3 r) 2. Attach to this application a scale plat of the tract, on an 8'/z by 11 inch sheet of paper, showing the following: a. All boundary dimensions. b. All adjoining streets and alleys. C. All present improvements. d. All intended improvements. e. All adjoining and cornering property lines and references to all owners listed in Section C. f. Zoning classification of all adjoining and cornering property. SECTION C 1. List names and addresses of ALL adjoining landowners. Include land which corners on tract or which is across streets or alleys. _. A. Aspen Park Townhouse Association ATTIC• David Dormeyer, President 2922 Beavercreek Drive Cape Girardeau, MO 63701 B. Cape Bible Chapel, Inc. 2911 Kage Road Cape Girardeau, MO 63701 C. Free Will Baptist Church 2919 Kage Road Cape Girardeau, MO 63701 D. The Cole Family 3053 Arrow Head Ct. Cape Girardeau, MO 63701 E. Kee Park, MD 1717 N. Mt. Auburn Road Cape Girardeau, MO 63701 F. G. Keith Deimund Trust 2316 Jean Ann Drive Cape Girardeau, MO 63701 Page 4 2. With this application, the application must deliver to the Planning Services Division a stamped, plain business envelope addresses 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. Construction of a maximum of twelve (12) townhouse units with a two -car garage per unit. Private drives, landscaping, and entranceway are included. 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. None 3. Is a transfer of ownership of the tract dependent upon the approval of this application? Yes 4. Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract? If so, give the date and state the prior action taken. This Lot was R-4 V j Page 5 SECTION E State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. This request is required because there is not a residential categoryfor this type of project. We believe that this high-end residential townhouse project will be an asset to the subdivision and the City. The individual units are between 1, 600 — 3, 000 sgft. The existing townhouse development immediately adjacent to this tract has been well-received and units are in high demand. We intend to model that development in terms of design, construction, appearance, and landscaping. n W ... ............ ------------------ ---------- ----------- - ---- ... - ------------------------------------------------------- -- ------------------ ------------ ------- -------- -------- -- ------ ---------------- -L-- --------------------- ------------------- ---- - -------- - - - ---------- -------- ------- -------- -------------- - -------- ---- ------ - ---------------- ------------------- ----------------- --- ------------------ -------- --------- ------- r. ------------------------------------------------ -------------------- ----------- ------- ----------------------- ---- --------------------------------------------- - - ---------- -------- ------------- - ---------------------- ---------- ------ ---------- MIT - -- --- ---------- MIT --------- A ------------ MIT OUT ----------- cMISE m c MIT - ______...A MISE QE UNF R1 --------------- ----- ----------- ---- - ------- - ---- ------ ---------------- --- ---------- -- ---------- ------------- ------------------ --- ----------- -- - ----- - - ----- ---- - ---- -- ----- - ------ ----- ---- ------ ------ -- --- --- ----- --- ---- ..... - ------ j. ------ ----- --- ------- ............. -------- ------- --- ------ --- - - -- ------------- -- ------------ - --- ------------ ------- --- --------- --- - -------- ---- ----------- — -- -------- --------- --------- - ----------- -------- ------------ CN cn UNIT ----------- A-" JR UNIT 8 ----------- Fw% OK wwom A FM M REVUM AIIIIIIIIIIIIIIII -MIT c -1 ------- PION ONE unum 'IL"IEM I- -- -- ------ PA FAI R4 rm VE, 0 -RA . . ..... Rl #10 7 54,702 of Rl 1.26 Ac 48,725 of I a 1.12 Ac r"1 w Ti Z 0 �i Existing Aspen Park Townhouse Development a - \c 0 AMmcf WAR IRAN `�' E,,GRCERN EXIT /. �- o\M01/7EREY 1 N — DEER a oa c Lew nN- DR. _ ST.. E k V 1 - CREEF ( \ J ofP /i 'v 99Y PAS � HARRIS LN K?RANS 1 ✓ 1 J ... ; DR. _ WW2 ALLEN DR ' OR. < �F / E FNN DR. spy \i KEN0, tiOv WIL \ / 1 Sf 1 AL 1 ARABIAN Sg A,q I op j - H�yE ORDR. i NDRf DR DR EARIEEN W LEE OR. l .ST ERY NWOOD HIL;._ _ UR. .�r� NGiON r Rik PCU A� . f 3 z qp p P R. Nc a 5` o FLUMBMVOD O ' \ I GRF' S7 9 `-1 m JASMINE E I " II \\ Cr ND R7HCHURC us (I ROSE \ \ o fJCANNON 5 IAAGNOUA ; + p SCENIC CR. A I � 1 \ CRANIiE DR l\I \ � MEIAT I l/ PATRIOT subject e. W �SOSf, Q7A MEIFOSE AVE / � { / F rs� J p .F C yrJ P HI '^ L1N WOW / \ �\ # NS n L., JE' LLS DR. Property O RC- w9 3o AL9ERT RA oR. 9 a ARROWH 01 g� I\ ANNWL y �� ii C7.. {- �wJj/ C x +2 p=S g MARNN g R o Dx OAG g / CAROLEDWO R REAyE-RCRF,A \ CCfw"�I IiNITY A DR. \CEN?RE D+ (/. I VALLEY NEW LN. J' �. 2RE_jyRIOGE i �p LEP f / I a I� EAGLE RIDGE `RRECKFNRIDGE \ �L� \ ��F Op S Jp•NCt ,� \ jI IN__ °p tN OR v �.OPRER ROAD _ �� ¢ FAWN DR. _ �i P\.'M s o` Ot DR. QVE HOPPER ¢v RD. �C NL JSANT pP l Z/C i r '1 i1 ARD _ 9L -RU N 53 p RA AVE. J $ S I`" V VARIA WISE 7 ARENA PARK V M1M Y E' o �Gf < �A- EtFO iAliO - OS4\ W t Mi TANK. `; AFL CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 56 Agenda March 5, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Amendment of Zoning Ordinance Regarding Front Yards This agenda item calls for the holding of an advertised public hearing on an amendment to the Zoning Ordinance relating to front yards where a setback is established by existing structures. The ordinance would be amended to allow structures to be built at the required setback, even if it is closer to the property line that the setback established by existing structures in M-1 and M-2 districts. The Planning and Zoning Commission recommended approving these amendments at its meeting on February 13, 2001, by a vote of 8 in favor and no opposition. It is recommended that the City Council hold the advertised public hearing. Attached for first reading consideration is an ordinance which would amend the Zoning Ordinance to provide for these front yard setbacks in M-1 and M-2 zoning districts. Respectfully submitted, -Kent M. Bratton of Planning Services Michael G. M City Manager ICBM/MGM/rlf CONSENT n I ORDINANCES lil CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 39 Agenda February 20, 2001 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: An Ordinance Accepting Easements from Property Owners for the Cape Rock Drive 20" Water Main Extension Project The attached ordinance will accept Temporary Construction Easements and Permanent Easements needed for the construction of the Cape Rock Drive 20" Water Main Extension. This new line will transmit water from the new water plant to the Bertling Street area. These easements are formally presented for acceptance and staff recommends that the Council approve the attached ordinance for the first reading. KMB/MGM/bds 5z illy Submitted, A4 -- Kent ratton Dire or of Planning Services Michael G. Miller City Manager BILL NO. 2001-19 ORDINANCE NO. AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE CAPE ROCK DRIVE 20" WATER MAIN EXTENSION PROJECT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri hearby accepts a Temporary Construction Easement executed by Barbara J. Frenzel and Edward Frenzel conveying to the City of Cape Girardeau, Missouri an easement for the Cape Rock Drive 20" Water Main Extension project, more particularly described as follows, to -wit: THAT PART OF LOTS NO. 1 & 2, IN BLOCK H OF CAPE ROCK HILLS SUBDIVISION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE at the Southwest corner of Lot no. 1 of Block H, said point being at the centerline of Rand Street; thence along said centerline of Rand Street, North 62°46'58" East, 35.30 feet, to the point of beginning; thence leaving said centerline of Rand Street South 82°42'08" East 604.78 feet; thence South 83°27'08" East 101.89 feet; thence South 83'15'44" East 278.27 feet; thence North 10'03'10" West 26.11 feet; thence North 83°15'44" West 270.77 feet; thence North 83°27'08" West 101.77 feet; thence North 82°42'08" West 568.26 feet to the centerline of Rand Street; thence along said centerline of Rand Street South 62°46'58" West 44.12 feet to the point of beginning and containing 24,072 square feet, more or less. ARTICLE 2. The City of Cape Girardeau, Missouri hereby accepts a Permanent Waterline Easement executed by Barbara J. Frenzel and Edward M Frenzel conveying to the City of Cape Girardeau, Missouri an easement for the Cape Rock Drive 20" Water Main Extension Project, more particularly described as follows, to -wit: THAT PART OF LOT 1 & 2, BLOCK H OF CAPE ROCK HILLS SUBDIVISION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the southwest corner of Lot 1, Block H, said point being at the centerline of Rand Street; thence leaving said centerline of Rand Street, South Page 1 of 4 82°42'08" East, 634.27 feet; thence South 83°27'08" East, 194.70 feet; thence South 83°25'08" East 191.31 feet; thence North 10'03'10" West 20.02 feet; thence North 83°15'44" West 278.27 feet; thence North 83°27'08" West 101.89 feet; thence North 82°42'08" West 604.78 feet to the centerline of Rand Street; thence along said Centerline of Rand Street South 62°46'58" West 35.30 feet to the point of beginning and containing 19,929 square feet, more or less. ARTICLE 3. The City of Cape Girardeau, Missouri hearby accepts a Temporary Construction Easement executed by Mid South Steel Products, Inc., conveying to the City of Cape Girardeau, Missouri an easement for the Cape Rock Drive 20" Water Main Extension project, more particularly described as follows, to -wit: THAT PART OF PART OF U.S. SURVEY 2199, SECTION 33, TOWNSHIP 31 NORTH, RANGE 14 EAST, ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE at the Southwest corner of Riverside Boulevard Right of Way line; thence North 82°51'08" West, 31.89 feet to the point of beginning; thence continue North 82°51'08" West 33.19 feet; thence South 33°59'13" East 92.82 feet to a point on the north Right of Way line of Burlington Northern Railroad; thence along said Right of Way of Burlington Northern Railroad North 560 00'47" East 25.00 feet; thence leaving said Right of Way line of Burlington Northern Railroad North 33°59'13" West 70.98 feet to the point of beginning and containing 2,047 square feet, more or less. ARTICLE 4. The City of Cape Girardeau, Missouri hearby accepts a Permanent Easement executed by Mid South Steel Products, Inc., conveying to the City of Cape Girardeau, Missouri an easement for the Cape Rock Drive 20" Water Main Extension project, more particularly described as follows, to -wit: THAT PART OF PART OF U.S. SURVEY 2199, SECTION 33, TOWNSHIP 31 NORTH, RANGE 14 EAST, ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE at the southwest corner of Riverside Boulevard Right of Way; thence North 82°51' 08" West, 5.34 feet to the point of beginning; thence North 82151'08" West, 26.55 feet; thence south 33°59'13" East 70.98 feet to a point on the north Right of Way line of Burlington Northern Railroad; thence along said north Right of Way line of Burlington Northern Railroad North 56000'47" East, 81.27 feet to the intersection of the north Right of Way line of Burlington Northern Railroad and the south Right of Way line of Riverside Boulevard; thence along said Right of Way line of Riverside Boulevard North 82°51'08" West 30.40 feet; thence leaving said Right of Way line of Riverside Boulevard south 56°00'47" West 38.37 feet; thence Page 2 of 4 North 330 59'13" West 33.51 feet to the point of beginning and containing 2,241 square feet, more or less. ARTICLE 5. The City of Cape Girardeau, Missouri hearby accepts a Permanent Easement executed by Jeff Hutson, Attorney -in -Fact for Jackie L. Hutson Revocable Living Trust, conveying to the City of Cape Girardeau, Missouri an easement for the Cape Rock Drive 20" Water Main Extension project, more particularly described as follows, to -wit: THAT PART OF LOT NO. 9, BLOCK H OF CAPE ROCK HILLS SUBDIVISION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the southwest corner of Lot 9, Block H; thence South 82°51'08" East, 90.09 feet; thence North 72'15'34" East, 117.94 feet; thence North 84°33'57" East 179.78 feet; thence South 21°12'48" East 35.65 feet; thence South 33°59'13" East 76.25 feet; thence South 82°51'08" East 26.55 feet; thence North 33°59'13" West 91.48 feet; thence North 21°12'48" West, 48.54 feet; thence South 84°33'57" West, 197.07 feet; thence South 72015'34" West, 116.59 feet; thence North 83'15'44" West, 90.78 feet; thence South 10°03'10" East, 20.02 feet to the point of beginning and containing 10,387 square feet, more or less. ARTICLE 6. The City of Cape Girardeau, Missouri hearby accepts a Temporary Construction Easement executed by Jeff Hutson, Attorney -in -Fact for Jackie L. Hutson Revocable Living Trust, conveying to the City of Cape Girardeau, Missouri an easement for the Cape Rock Drive 20" Water Main Extension project, more particularly described as follows, to -wit: THAT PART OF LOT NO. 9, IN BLOCK H, OF CAPE ROCK HILLS SUBDIVISION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE at the Southwest corner of Lot no. 9 of Block H; thence North 10003'10" West, 20.02 feet, to the point of beginning; thence South 83'15'44" East 90.78 feet; thence North 72015'34" East 116.59 feet; thence North 84033'57" East 7.93 feet; thence North 05026'03" West 25.00 feet; thence South 84033'57" West 10.63 feet; thence South 72°15'34" West 113.86 feet; thence North 83015'44" West 92.90 feet; thence South 10003'10" East 26.11 feet to the point of beginning and containing 5,409 square feet, more or less. Page 3 of 4 THAT PART OF LOT NO. 9, IN BLOCK H, OF CAPE ROCK HILLS j SUBDIVISION, A SUBDIVISION ON FILE IN THE LAND RECORDS V OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE at the Southwest corner of Lot no. 9, Block H; thence South 82°51'08" East, 90.09 feet; thence North 72°15'34" East, 117.94 feet; thence North 84°33'57" East, 4.80 feet to the point of beginning; thence South 5°26'03" East, 25.00 feet; thence North 84°33'57" East, 156.06 feet; thence South 21°12'48" East, 19.53 feet; thence South 33°59'13" East, 57.21 feet; thence South 82°51'08" East, 33.19 feet; thence North 33°59'13" West, 76.25 feet; thence North 21°12'48" West, 35.65 feet; thence South 84°33'57" West, 174.98 feet to the point of beginning and containing 6,496 square feet, more or less. (Total of 11,905 square feet) ARTICLE 7. 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 Page 4 of 4 ,2001. CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 40 Agenda February 20, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Record Plat of Ten Mile High Subdivision This Council agenda item provides for consideration of the record plat of Ten Mile High Subdivision, which is a minor subdivision. This is a two (2) lot subdivision which is located at the east end of Bellevue Street. This subdivision by David C. Epps will allow residential development at this location. This subdivision plat was approved by the Planning and Zoning Commission at their meeting on February 13, 2001. The vote to approve the plat was 8 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 the record plat for Ten Mile High Subdivision. Respectfully submitted, Kent M. Bratton Director of Planning Services Michael iller City Manager n- KBM/MGM/rlf U \ JoP LN I F�ESF � 'mss uMirS ROb r� Eby N 2y ' 22 V 0 CO. RO-H vAKE*OGD 1- EN - I � OR e /II C4pE F ELMO., OR I OC SURR['I'I CAPE N LN. TERRAPIN p "' RD. CAPEHILLS 9 4 '- ` I � Q c AUTUMN DR � A 1\ L_ - HYOOJf.1 OR- :;RECr:BRIER 2 fr RQ ¢- L•lOND ( DR. I DR, IT\ O C 6�U B!rIIALIE AVE ERNO ALE W. POINT oo PRm CiO OR ` OR' PL. - POTOMAC _ I� VAL'.EY o o - IC SENA FAWN "A TO GE LN. SONNET S_�URI 2� DEUAWARf j!z EY TC s DRQ •` < PCCN:COv a SARA TCG4 DAVE. DR O NA V.G. R BUNKER HI LL� LEX'NGTOrt°R BROOV:SHIR AYE p i T I LEXINGTON OBtN HOOD � z m BARCA 'CHEETAH LN. J OAK d N FAIRWAY BLVD- m5 OP. N/(L S 3 rfiI OP O, EDEN FERGVSON :I RIDGE DR. HIE, OR' O CRES 000 OLD E+P COUTRY / 2 O 04 � OR OR. 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The record plat of "Ten Mile High" Subdivision, part of Lot No. 4 in Range "F" and parts of vacated Bellevue Street, and Spanish Street, City and County of Cape Girardeau, Missouri, submitted by David C. Epps, bearing the certification of Wayne Koehler, a Registered Land Surveyor, dated January 22, 2001. ARTICLE 2. The City Clerk is hereby directed to sign the record plat with the date of Council approval and affix thereto the seal of the City of Cape Girardeau, Missouri. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF ATTEST: Gayle L. Conrad City Clerk , 20 A. M. Spradling, III, Mayor CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 41 Agenda February 20, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Record Plat of Arnold First Townhouses This Council agenda item provides for consideration of the record plat of Arnold First Townhouses, which is a minor subdivision. This is a two (2) unit subdivision which is located in the 1700 block of Paul Revere Drive. This subdivision by Gary Arnold Trust will allow residential development at this location. This subdivision plat was approved by the Planning and Zoning Commission at their meeting on February 13, 2001. The vote to approve the plat was 8 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 the record plat for Arnold First Townhouses. 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Yf\ti y't�i 1•Im / jy '. n O V !1 •d« \ �,M NOS �/•r, « / tl .O Q }y m Z UJ EE <°_£ AN ,L6'21 Y Op i�P .SL'Et Moll 3,1,9,tE.00S n•tr,K.00N L" M-4 4l1°N) 2 (ObL 39Vd 'L45 X1000) W N O .L. 3 LO ■ N L_ LL 0 L a 11 0 0 N co N LL N .0 N N 16RA O BILL NO. 2001-35 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF ARNOLD FIRST TOWNHOUSES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Arnold First Townhouses, all of Lot 9, Lexington Place Second Subdivision, (Plat Book 17, Page 64), City and County of Cape Girardeau, Missouri, submitted by Gary M. Arnold, Trustee of the Gary M. Arnold Trust dated November 20, 1995, bearing the certification of Larry D. Dowdy, a Registered Land Surveyor, dated December 29, 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. PASSED AND APPROVED THIS DAY OF , 20 . 59 ATTEST: Gayle L. Conrad City Clerk W A. M. Spradling, III, Mayor CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 42 Agenda February 20, 2001 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members Subject: Ordinance Authorizing the City to Enter into a Third Supplemental Lease Agreement with The Cape Girardeau Public Facilities Authority. In 1994 the city issued certificates of participation (annual appropriation bonds) to finance the closing of the city's landfill and the extension of water and sewer service to the Twin Lakes subdivision. As part of the structure of that bond issue the city entered into a lease agreement with the Cape Girardeau Public Facilities Authority (PFA) in which it would make annual lease payments to the PFA in amounts that would be enough to make the payments on the bonds. The original lease agreement required that annually the Council would appropriate the funds required for the lease and pass a resolution renewing the lease. This ordinance would remove the requirement to annually pass a resolution to renew the lease. The lease would be renewed by the annual appropriation of the funds. Res tfully submitted, Jo R. Richbourg F nance Director Michael G. Miller City Manager MGM:gc BILL NO. 2001-38 ORDINANCE NO. ORDINANCE AUTHORIZING THE CITY TO ENTER INTO A THIRD SUPPLEMENTAL LEASE AGREEMENT WITH THE CAPE GIRARDEAU (MISSOURI) PUBLIC FACILITIES AUTHORITY. WHEREAS, the City of Cape Girardeau (Missouri) Public Facilities Authority (the "Corporation") and the City of Cape Girardeau, Missouri (the "City") have heretofore entered into a Lease Agreement dated as of April 1, 1993 (the "Original Lease"), as amended and supplemented by a First Supplemental Lease Agreement dated as of September 1, 1994 (the "First Supplemental Lease") and a Second Supplemental Lease Agreement dated as of June 1, 1997 (the "Second Supplemental Lease and, collectively with the Original Lease and the First Supplemental Lease, the "Lease"), in connection with the issuance of certificates of participation; and WHEREAS, it will be less burdensome on the City administratively to renew the Lease term without requiring affirmative action of the City Council other than appropriation of Rental Payments (as defined therein) required thereunder; and WHEREAS, pursuant to Section 13.1 of the Original Lease and Section 1201 of the Trust Indenture dated as of April 1, 1993 (the "Original Indenture"), between the Corporation and BNY Trust Company of Missouri (as successor to Capital Bank of Cape Girardeau County), as amended and supplemented by a First Supplemental Trust Indenture dated as of September 1, 1994 (the "First Supplemental Indenture") and a Second Supplemental Indenture dated as of June 1, 1997 (the "Second Supplemental Indenture" and, collectively with the Original Indenture and the First Supplemental Indenture, the "Indenture"), the Corporation and the City are authorized, without the consent of or notice to any of the Bondowners or the Insurer (as defined therein) to enter into a Supplemental Lease or Supplemental Leases (as defined therein) in connection with any change therein which, in the judgement of the Trustee, is not prejudicial to the Trustee, the Bondowners or the Insurer, and it is hereby found and determined that the Third Supplemental Lease complies in all respects with Section 13.1 of the Original Lease and Section 1201 of the Original Indenture; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Section 1. Authorization and Approval of Third Supplemental Lease. The City Council hereby approves the Third Supplemental Lease Agreement dated as of March 1, 2001 (the "Third Supplemental Lease "), between the Corporation and the City, in substantially the form attached hereto as Exhibit A. The Mayor is authorized and directed to execute and deliver, on behalf of and as the act and deed of the City, the Third Supplemental Lease and to execute such other documents, certificates and instruments as may be necessary or desirable to carry out the intent of this Ordinance. The City Clerk is authorized and directed to attest to the execution of the Third Supplemental Lease and to any other documents, certificates and instruments as may be necessary or desirable to carry out the intent of this Ordinance. Section 2. Further Authority. The City shall, and the officers, agents and employees of the City are hereby authorized and directed to, take such further action, and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance. Section 3. Effective Date. This Ordinance shall take effect 10 days after its passage by the City Council. PASSED by the City Council of the City of Cape Girardeau, Missouri, this day of March, 2001. (SEAL) ATTEST: City Clerk -2- Mayor EXHIBIT A THIRD SUPPLEMENTAL LEASE AGREEMENT W r) THIRD SUPPLEMENTAL LEASE AGREEMENT THIS THIRD SUPPLEMENTAL LEASE AGREEMENT, dated as of March 1, 2001 (the "Third Supplemental Lease'), between the CAPE GIRARDEAU (MISSOURI) PUBLIC FACILITIES AUTHORITY, a nonprofit corporation duly organized and existing under the laws of the State of Missouri (the "Corporation"), and the CITY OF CAPE GIRARDEAU, MISSOURI, a constitutional charter city and political subdivision duly organized and existing under the laws of the State of Missouri (the "City); RECITALS: 1. The City and the Corporation have heretofore entered into a Lease Agreement dated as of April 1, 1993 (the "Original Lease'), as amended and supplemented by a First Supplemental Lease Agreement dated as of September 1, 1994 (the "First Supplemental Lease") and a Second Supplemental Lease Agreement dated as of June 1, 1997 (the "Second Supplemental Lease' and, collectively with the Original Lease and the First Supplemental Lease, the "Lease') in connection with the issuance of certificates of participation. 2. Pursuant to Section 13.1 of the Original Lease and Section 1201 of the Trust Indenture dated as of April 1, 1993 (the "Original Indenture'), between the Corporation and BNY Trust Company of Missouri (as successor to Capital Bank of Cape Girardeau County), as amended and supplemented by a First Supplemental Trust Indenture dated as of September 1, 1994 (the "First Supplemental Indenture') and a Second Supplemental Indenture dated as of June 1, 1997 (the "Second Supplemental Indenture' and, collectively with the Original Indenture and the First Supplemental Indenture, the "Indenture'), the Corporation and the City are authorized, without the consent of or notice to any of the Bondowners or the Insurer (as defined therein) to enter into a Supplemental Lease or Supplemental Leases (as defined therein) in connection with any change therein which, in the judgement of the Trustee, is not prejudicial to the Trustee, the Bondowners or the Insurer, and it is hereby found and determined that this Third Supplemental Lease complies in all respects with Section 13.1 of the Original Lease and Section 1201 of the Original Indenture; NOW, THEREFORE, THIS THIRD SUPPLEMENTAL LEASE WITNESSETH: 1. Amendment to Section 3.2(b). The second paragraph of Section 3.2(b) of the Original Lease is hereby deleted in its entirety and the following is inserted in lieu thereof: In order for the City to exercise the option to renew this Lease, the City shall irrevocably budget, appropriate and set aside City funds in an amount sufficient to pay the anticipated Rental Payments and Additional Payments to become due during the forthcoming Renewal Term, as specified in the notice delivered by the Trustee pursuant to Section 5.1 hereof. 2. Applicability of Original Lease. Except as otherwise provided in this Third Supplemental Lease, the provisions of the Lease are hereby ratified, approved and confirmed and shall be applicable to the authorization, execution, authentication, issuance, redemption, payment, sale and delivery of the Certificates, the custody and the distribution of the proceeds and the security, payment, redemption and enforcement of payment thereof. This Third Supplemental Lease has been and shall be construed as having been authorized, executed and delivered under the provisions of Section 1201 of the Original Indenture. 3. Severability. If any provision of this Third Supplemental Lease is held or deemed to be invalid, inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts with any other provision or provisions hereof or any constitution or statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative or unenforceable to any extent whatever. 4. Execution in Counterparts. This Third Supplemental Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 5. Governing Law. This Third Supplemental Lease shall be governed exclusively by and be construed in accordance with the applicable laws of the State. IN WITNESS WHEREOF, the parties hereto have caused this Third Supplemental Lease to be executed in their respective corporate names as of the date first above written. (Seal) ATTEST: Name: Gayle L. Conrad Title: Secretary (Seal) ATTEST: Name: Gayle L. Conrad Title: City Clerk n CAPE GIRARDEAU (MISSOURI) PUBLIC FACILITIES AUTHORITY By: Name: Title: Michael Miller President CITY OF CAPE GIRARDEAU, MISSOURI By: Name: Albert M. Spradling III Title: Mayor 2 CONSENT OF TRUSTEE The undersigned, BNY TRUST COMPANY OF MISSOURI (the "Trustee'), is Trustee under the Trust Indenture dated as of April 1, 1993 (the "Original Indenture'), between the Corporation and BNY Trust Company of Missouri (as successor to Capital Bank of Cape Girardeau County), as amended and supplemented by the First Supplemental Trust Indenture dated as of September 1, 1994 (the "First Supplemental Indenture) and the Second Supplemental Indenture dated as of June 1, 1997 (the "Second Supplemental Indenture' and, collectively with the Original Indenture and the First Supplemental Indenture, the "Indenture"). The Trustee finds that the proposed Third Supplemental Lease Agreement dated as of March 1, 2001 (the "Third Supplemental Lease'), attached as Exhibit A hereto, is not prejudicial to the Trustee, the Bondowners or the Insurer (each as defined in the Indenture) and that the Third Supplemental Lease complies in all respects with Section 13.1 of the Lease Agreement dated as of April 1, 1993 and Section 1201 of the Original Indenture. Accordingly, the Trustee hereby consents to the execution thereof by the City and the Corporation. Dated: March—, 2001. BNY TRUST COMPANY OF MISSOURI, as Trustee By Name: Title: CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 50 Agenda February 20, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Ordinance Amending Schedule H of Section 26-126 of the City Code, by Creating a Four Way Signalized Intersection at Broadway and Clark Avenue, in the City of Cape Girardeau, Missouri A major part of the construction work for the Transportation Trust Fund Broadway Improvement Project has been completed and the volume of traffic using Broadway is increasing steadily. A part of the improvement was the reconstruction of the Broadway/Clark Avenue intersection and placement of four-way traffic signals at this location. At the request of the contractor, the signals have been activated over the past few weeks to allow for the proper setup and integration with the rest of the system. Since this portion of the street is in use by the public and a traffic signal has been warranted, it is advisable to leave the traffic signals in operation now. It is therefore requested that first reading consideration be given to an Ordinance amending Schedule H of Section 26-126 of the City Code by placing creating a four way signalized intersection at the following location: Broadway and Clark Avenue MAL/MGM/dc A Respectfully submitted, Mar A. Lester, P.E. Cjty Engineer Micha I G. Mil City Ma er BILL NO. 2001-39 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE H OF SECTION 26-126 OF THE CITY CODE, BY PLACING ELECTRIC TRAFFIC CONTROL SIGNALS AT BROADWAY AND CLARK AVENUE, 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 H of Section 26-126 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by placing electric traffic control signs in the City of Cape Girardeau, Missouri, at the following location: Broadway and Clark Avenue. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND ADOPTED THIS DAY OF ATTEST: Gayle L. Conrad City Clerk , 2001. A. M. Spradling, III, Mayor n INTERSECTION IN QUESTION v S� BROAD,wl( r-; ti Q2w � V a MARIA _ LOUISE LN, VICINITY MAP LOCATION MAP FOR: LOCATION MAP BROADWAY AND CLARK INTERSECTION SIGNAL LIGHT W" MA M - 5E A CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 51 Agenda March 5, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Request for Rezoning of the Northeast Quadrant of I-55 and Highway 34/61 This agenda item calls for the holding of an advertised public hearing on the request of Daniel M. Drury, President, and James L. Drury, Chief Executive Officer, Midamerica Hotels Corporation, to rezone the northeast quadrant of Interstate 55 and Highway 34/61 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 February 13, 2001, by a vote of 7 in favor, and none in opposition, with 1 abstention. There were no citizens present in opposition to this request. It is recommended that the City Council hold the advertised public hearing. Attached for consideration is an ordinance which would authorize the rezoning from R-1 to C-2. submitted, I. 44 Bratton of. Planning Services Michael G. Miller City Manager KBM/MGM/rlf r) BILL NO. 2001-40 59 W ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF THE NORTHEAST QUADRANT OF INTERSTATE 55 AND HIGHWAY 34/61, 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 Monday, March 5, 2001; 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: All of that part of the Northwest Quarter of Section 22, and all of that Part of the Southwest Quarter of Section 15, and all of that port of the Southeast Quarter of the Southeast Quarter of Section 18, and all of that part of the Northeast Quarter of the Northeast Quarter of Section 21, all in the Township 31 North, Range 13 East of the Fifth Principal Meridian, in the County of Cape Girardeau, State of Missouri, More particularly described as follows: Commence of the Southeast Corner of United States Private Survey Number 788, marked by a sandstone as described hereon, thence West, 557.01 feet, thence South 0°25'20" East, 385.97 feet, to the place of beginning; thence South 89052143" West, 648.74 feet, to a point on the East right of way line of Interstate 1551, thence with said right of way line South 15048119" East, 2.15 feet, thence South 21°17152" East, 1082.00 feet, to a point 130 feet normal and opposite to Interstate 155' Station 1014+50, thence South 32°36128" East, 1147.28 feet, to a point 355 feet normal and opposite to interstate 155' station 1025+75, thence South 55°16101" East, 564.04 feet, to a point 80 feet normal and opposite to the West bound lane of Missouri Highway 161' station 903+00, thence South 58055105" East, 594.95 feet, to a point 80 feet normal and opposite to the West bound lane of Missouri Highway 161' station 908+95.6, thence North 10026'19" East, 820.34 feet, thence North 00°54105" West, 50.00 feet, thence South 89005155" West, 12.00 feet, thence North 00°54105" West, 120.00 feet, thence South 89005155" West, 120.00 feet, thence North 00054105" West, 952.65 feet, thence North 42008150" West, 409.38 feet, thence North O1°36150" West, 345.20 feet, thence North 89001140" West, 1050.78 feet, thence North 00025120" West, 12.90 feet, to the place of beginning, excepting all parts within Missouri State Highway Right of Way and the Right of way of Limbaugh lone, and except a 50 foot right of way granted to the Cape Special Road District for access, and leaving a total of 71.72 acres, more or less. ARTICLE 2. The City Council hereby finds and declares that the property described in Article 1 hereof is at the present time particularly suitable for the purposes and uses of C-2, General Commercial District, and that such changes authorized hereby are reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 20 . ATTEST: Gayle L. Conrad, City Clerk A. M. Spradling, III, Mayor 2 PROPERTY SURVEY FOR MIDAMERICA HOTELS CORPORATION N S 0'15.10• - 551.01' Property Not In City Limits xs.ar (nal to sear) L .« a.loa «: e.ne a.n< A Praecl e W Q 0 E (rot Io score) oder a IM EKu 's ' Zoned R-1 U Ne9'01'tOw loso.7e' ♦ .. � � — • m ma r00 � / Nwu o.�rmm�onSAcewd�,q ro me \ sorb �,�J uls.w,; Plane Coordbmre Srbm ♦ City Limits Line (Typical) / ` _ :tel \ Eo.b.n zone. o, a.br.n;nm ro,n :r em. L10Dol Pos;f;Nn;nq system obar.rolronr. I Alm. ♦ i r� "•em R:.e \ �r 401 —\ / ret: Banerounl Y P.obe�;ve \ \ Ria / Order or Ine EWs Zoned R-1 ruown / / ♦ 0 �\ AREA + 68.52 AC. �' { 1 I Zoned R-1 k ♦ TANGENT TABLE x ` ♦1` I �I {, .roAM.m. tort �cENnmwr or arcdsr rc .•��snw s ss .ra rHr sKHr a —.m" •As ';F rRON CURVE TABLE c� $ Property r rHE rsMt nAHs Ea s:o rcRsarc 'ss'. usrrro v' T Nrot in City ` oarmcr Io .oe /I-ss-I(ro)swe. snrn m. +� Limits \ \ N r •Zoned R-1 \\ \ RECORO TITLE TO THE SURVEYED Is i 5? i` TRACT Is RECORDED M' THE FOLLOWING: BOOK 717, PAGE 14.1 fi — i �\ BOOR 619, PACE 590 I .-I — — BOOK 6Jo, PALE 150 \\4\ BOOK eM, PAGE 771 $ BOOK 4e9. PAGE 01 ml ; BOOK 107. PAGE 17I RECORD TITLE IS IN THE NAME Of JAMES L DRURY, ETAL., u AND HOLONGS CONTROLLED THEREBY. r iu K• t Zoned R-1 IES,F s� w R-1 Y \ \ TRUST 1. DRURY d ES L L DRURY , �\ TRUSTEES Of THE JAMES L. DRURY k WANDA L. DRURYREVOCABLE CRUST t BOOK ]17. PAGE 11J N \ 1 \ (ARU - 14,100 SO.FT., 0.33 KJ v ` Zoned R-1 8 Izo.00' 8 NB9'OS'Ss•E I wy � .,� / f* F� 4AREA - 115.017 SD, R. 047 AC. s•In-R[lsoEs ArSsnEacwbotn5w.uwr.nrlr aNr-EwR•E.rs[aSr weTarnlr.mwrnaw[rcc dA . \ �• yw""•..�S» Y JPFS;- 4 e\ �Zoned R-1roaK E r N—, us.tArrome a10uLAW- Orrsrr a FEET n° us 'a• srw nJ.as BOG � e/ GRAPHIC SCALEo �•� ` �;` ' \4'L'f Je.o ,'�� l ww wIn \ \�,. { ` S \ Oriq;nol Cenlerl;ne / yy L V > 7' Y Lim0oe9n LOM fpm T LEGEND OF SYMBOLS \ \ `^► Y\ JJJ JD I a ® sn rp• ora naN Moo wrH rlAsrK w snM•Eo LSIen • rout rn' Lw wax Ano { \ ,'a Y "- 16 lo o rasp rzAnTA ascslsEo � ` { \ ti. � ,3 0� s �'oe'4. D DESCRIPTION OF SURVEY aIlk, \I •'"'^• � : w � � waeM.rox rw rnr crNrcwx ar mr .nr ! � w �. i' eaAn IMC a U.f. Yr' Ano rN[ KORMf.IfI � _ +..� s.•. w Wr.. wn. ""S:"""N.. \ \ Ap Lnr ar u.x YI' rAKp npu rNE ral Rt � i en�'"ri.:�wrw'nerMr."`, �`.w�wi.�+:� � Jw EI o-e°ieao. vir•Ivrto asrmcr o '�y,,, �v �7 KOEHLER LAND SURVEYING y`.. :,•.w.....; ms`µ �e,`r. �.,.....•..r.ti- »y>e..,::tl � \ � coA�A�E�cuc. - WANCPac - REsVErvnar_ ereeY esa erM 2023 STATE ROUTE 'W' r""'„•+,�,, ,,,�w„•,�„*�,�, +� � CAPE CIRAIRARDEAU, MISSOURI 83701 wn+w+u+w .+.«•....'d'•....++ (573) 335 - 3028 wed w... a. r.w A« eM wr. «..+•� \ � i.V �'^ "rc'��• �•+ •+•••�'•• �+•+� • •w'I ~ CHRIS KOEHLER Tbb wreq n• perf—d M --d— NM Me .,Wnments of lM sl•nd•rds I } \ WAYNE KOEHLER W properly bo•nd•r) s•rne S ad•pW4 Or lbe Ylss A Bwrd f•r 4ebllecu. 1 NOVEMBER- 1996 Prelesolaml tylwsen, end 1•M NMr.gero. a -u- Avu NA. INNS. CLANS 'A' /IIO►LfrY f CO \ \ S0G \40 pi \ {�\SHEPHERD CODY PAIUTE w. 7 DU% A O q - / / Zo CO. / RO w' I NO 670 R \ e \ - Subject 3 y/Cy�gY ff propetty v0 \ \ ui 61 \ r o� o L r� t I �I STFR . a� I EXIT i� 0 oaTE 8OUnN '� CREEK � a P HARRIS W. VE TER \ I MEMORIAL OR C l p V V 6, � I NE'yC)P WI KENLD N I \ •� 03P \ `}" TRAIL U ARABIAN ONq7� OR. I �S a � \ yd\ SADCtiC-R�0 FARLEEN 77 0 4 o HUNTERS w' ��} !L �p+r R STFRY u LYNNV00 PILLS DR. 5 PLUMBWWD �\ gym° CR 67 � q \ m4 'yORiHCNURCy CANNON N 1 INNU�'�p ? , GRANITE DR \ 3 S? PATRIOT II r,J' J ARRC- AN-00D RRCW ANa_• 1 NWOCD ftT � $ t<i . x C' ACE CAkOLE WOVU H OR >< RC4,[R�C<'v COMMUNITY DR. \� CENTRE \ VALLFY VEW EAGLE RIDGE BFi:GYCCNNI - •I'k.-� Clef DR r Da \ NouAs ntiPPEP E - ROAD o- - Q iAWN P m ` i DP. _ i•�Z o h I ` HOPPER RD. � � � ?nEa.SANI DR ,`. HOPPER STAG C z ST. PT. \.m 91 At DOGWWE; 7 � BE �\ �� A' 1\� x E;r.a -.,r" i. µFJ.,<�F' �11•�. V � Ifs CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 52 Agenda March 5, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Request for Rezoning of 200 Bellevue Street and Property at the Dead End of Bellevue Street This agenda item calls for the holding of an advertised public hearing on the request of David C. Epps to rezone 200 Bellevue Street and property at the dead end of Bellevue Street from R4, Multiple Family Residential District, and M-2, Heavy Industrial District, to R4, Multiple Family Residential District. The Planning and Zoning Commission recommended approving this application at its meeting on February 13, 2001, 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 consideration is an ordinance which would authorize the rezoning from R-4 and M-2 to R-4. KBM/MGM/rlf Respectfully submitted, of Planning Services City Manager BILL NO. 2001-41 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 200 BELLEVUE STREET, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-4 AND M-2 TO R-4 WHEREAS, the City Planning and Zoning Commission has recommended that all of the property described in Article 1 of this ordinance should be rezoned from R-4, Multiple Dwelling District and M-2, Heavy Industrial District to R-4, Multiple Dwelling District; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and public hearing was held on Monday, March 5, 2001; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 from R-4, Multiple Dwelling District and M-2, Heavy Industrial District to R-4, Multiple Dwelling District; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present R-4, Multiple Dwelling District and M-2, Heavy Industrial District to R-4, Multiple Dwelling District, for the following described property: Part of Lot No. 4 in Range "F" and parts of vacated Bellevue Street and vacated Spanish Street, in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northeast corner of said Lot 4 in Range "F"; thence North 81 degrees 56' West, along the North line of said lot, 180.00 feet to the place of beginning; thence South 08 degrees 00' west, 80.00 feet; thence South 81 degrees 56' East, 180.00 feet to a point in the West right of way line of North Main Street; thence with said line, South 08 degrees 00' West, 182.05 feet to a point in the centerline of Bellevue Street; thence with said centerline, North 81 degrees 56' West, 214.33 feet; thence North 08 degrees 00' East, 30.00 feet to the intersection of the East line of Spanish Street and the North line of Bellevue Street; thence North 81 degrees 56' West, with the North line of Bellevue Street, 50.00 feet; thence North 08 degrees 00' East, 232.05 feet; thence South 81 degrees 56' East, 84.33 feet to the �•r/ place of beginning. All as shown on Plat of Survey by Koehler Land Surveying, dated September 29, 1998, Drawing #98-04835. ARTICLE 2. The City Council hereby finds and declares that the property described in Article 1 hereof is at the present time particularly suitable for the purposes and uses of R-4, Multiple Dwelling District, and that such changes authorized hereby are reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF ATTEST: Gayle L. Conrad, City Clerk A. M. Spradling, III, Mayor 2 , 20 IN V r) N (y I zz°N I I 1 N 1 1 1 � � I I 1 IV log tai N r I D 0 q VA 1 3 I I I I I 1 1 I 1 ■ Y HMN ■ "\0\\0111?H �' j jib h W oy m N 1W,j6. py.Y r OXY igN 04 W �R� o�so W b b H g�2a' 4b�iz W �� aNkw fit i##co co g �s a JANjvrd Nooe dONpro� acoe Revd 'B&& v 7- v ,9s N (y I zz°N I I 1 N 1 1 1 � � I I 1 IV log tai N r I D 0 q VA 1 3 I I I I I 1 1 I 1 ■ Y HMN ■ "\0\\0111?H �' j jib h W oy m N 1W,j6. py.Y r OXY igN 04 W �R� o�so W b b H g�2a' 4b�iz W �� aNkw K <N 'fir l:M�ic t 2 44 3 e I tv c LN � I KF'S1 l I I I �� C4oE I APE D �-'R-= •_- __ - JPS,. �_ ij PR - PL v D' lARE B' z � -0,E ^v nellr.M:Ji �_ HiLL A DROR rr 3RODKSHIR i � AVE. � Roe" 0."sER LE4NG CN "ti •. 8 \' o N OAK i1 _ FAIRWA" I EDEN FERGUSON LR COU TR, • CRrS "WOOD OlL CF u ci AR�� YC MECHAW 'WAY S:+ERW'GOG O / a FOR�c �\� LIMON eR00KW00C 3 � •�. �W 1 C � ENT D R LN WL �Ta• - OAKLFY o DR RIl DR z` . i 5 iRR1N0 � 0 i .. NIFM 4NN -ANES J CAR7, `0.e• F .� MAR N Ci K MONn CAP M ACC MCKE A CT 1 OZARK Si. M�RIETI U -f-" l A , zy �` \ - S1LyRN GRE E N ACRES i r RVER �"i u > i�- 7 - 1, ✓� "� - _ - - ;HhS.1N S _ � /. j' / / - - A',` _ { Subject Property I e ,X M. P. l �il CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 53 Agenda March 5, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri RE: Request for a Special Use Permit for Townhomes (Condominiums) Dear Mayor and Council Members: This agenda item calls for the holding of an advertised public hearing on the request of Lionshead Investments, LLC and Kinder and Maurer Developments, LLC for a Special Use Permit for townhomes (condominiums) in the 2900 to 3000 block of Beavercreek Drive. The property is currently zoned R-4. Certified copies of the following items are herewith presented as evidence in this public hearing for your consideration: 1. Section 30-39 "Special Use Regulations" from the City Code. 2. The Application for Special Use Permit. 3. The Application File. These items are attached to this letter and are included in your agenda packet. The Planning and Zoning Commission recommended approving this application at its meeting on February 13, 2001 by a vote of 7 in favor and none in opposition, with 1 abstention. There were no citizens present in opposition to this request. It is recommended that the City Council hold the advertised public hearing. Attached for first reading consideration is an ordinance authorizing this Special Use Permit. KMB/MGM/rlf ;i:zi ubmitted, A-(I� lent Bratton Di for of Planning Services Michael G. Miller City Manager 4 W" CAPE GIRARDEAU COnE e. No structures shall be erected or rc main m any portion M. la except as provided far under item C. hereof. d. No signs shall be creded on the park ine area except as approved by tie city Council. e. Parking areas shall be used for park tag patrons. Private passenger void. des eoly, and se Burge shall be made far parking within such promises. L the parking shall be set back in con- formity, with the esab)iahed or re- oluired yards fee residential uses and, who a parking area adjoins a dwell - Lag use. R shall have a minimum side yard often (10) f«t. C. The parking area shall be suitably screened " fenced, paved and drained. Lighted and maintained free of debris CZ 1) Any C' district use in an *R' district. (22) All caw for which special use permits are required by other sections of thew regula tial. (23) Buildings I. excess a the height and story requirements set forth in section 30-36 for 'R -d' ad'O.2' dis4ic s, provided tide yards are increased Ln width one (1) fool for each act of height (hal the building exceeds the height aegulstiees of the district in which it La Located up to. height of severity-fnve (75) feel and tlhereaffer .o I.cr— in aide y.rda dull be required for any heiglht in escesa of seventy-five (75) feet. ac) Any C' district wart in a more restrictive C' dietrid. Q5) Beerier (iliais housirng under to fallowing turns: Over only I. 'RJ; "RJ' and 'C was; Only seder citizens. handicapped or dissbiad bdivldusla would be permit. Mil "seat. purchase or Inhabit unit. onewail mule"duper. e. A parmowa.l sign, prominently tits. payed, moat be plead an to building deafly labeling the structure " senior citizen housing, and also having thcrc. upon the ordinance number establish- ing the structure as senior citizen Nous. ng. (26) Reserved. (27) The manufacture of commercial cooking and catering equipment in'CJ' districts. (28) Recycling in 'C-2; C-3; 'M -l' w 'M-2' districts, including salvage, processing and storage of paper and paper products; alu- minum cans and other metal containers; doth, clothing and raga; plastics and rub- ber products; lumber or wood products; and glass. Provided, however, that all process- ing, treatment and handling of the above- described materiels, other than Loading and unloading from transport vehicles, shall be inside of a building and all storage of audn materials shall be either indole of a build -11 or in dosed transport trailers, a such a manner as not to create a nuisance by virtue of odor, vermin, emission, or die charge. Provided further that any process- ing of such materials shall net create a nuisance or health hazard by virtue of noise, odor, emission, discharge or byproducts. t.oading and unloading of materials from transport vehicles rhall be completed and U. transport -hides removed from the premises within twenty-four (24) hours of to reoeipt of a transport vehick on the premises. E-lusion.: •. Nci.pedal use permit shall be required under this section for any person, com Party w firm engaged I. r«rdine oc- tivity of hts own produea which are manufactured or add on the premises when such recycling is dons in support *(the principal operation (that bu.i- nm. b No special uta* permit will be required under the provisions of this section nor recycling sdhvily, conducted by am - profit organizations for periods test tea eeoding Wray, (301 day. Many "Ien dor year. tONING (d) Special uses. (1) Public or private landing field, landing strip, helicopter landing pad, heliport or other landing .res for .11 forms of airtraR; auto race track and drag strip. (2) Amusement park, but not within three hundred (300) feet of my '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. ffeces, warehouses, and other support build- ings for local units of government and subatate agencies, unless otherwise lu- cated within a zoning district which would allow a coomeraial or institutional facility of the came nature as a use -by -tight. (4) Cemetery, crematorium or mausoleum. (5) Church er other place of worship, or Sun. day school, in'R-1,"R-2; *riff-3'residen- tia1 districts. (6) Circus or caunival grounds, but not within three hundred (300) feet of any *IV district. (7) Commercial. recreational, or amusement development for temporary or waumal Pe- riods. (81 U(estm d.l (9) Institution, college, or hospital provided that any hospital or Institution permitted 1965 t 30: in any "R* district shall be located on is it of mel Loss than five (5) aeras, shall is, occupy more than fogy (40) percent of th total Let area, and shall be act back Gam a Y-4 lin" at least two (2) feet (ter etch fa of building height. (10) Marina or dock. (11) Nursing bome I. 'R* districts. (12) Office building of a dvb, religious or eh., itable organization, conducting actfvitic Primarily by mal and not handling ma eharndise w rendering services on the prey uses, but only within the'R-' district. (13) Privately operated community building c recreation field. (14) Public utilities. (15) Riding stable. (16) Radio or television broadcasting tower c cation. (17) Residential uses m provided for in section. 30-28 (41 Districts) and 30-33 (M-1 Di. trict.). (18) Travel trailer camp. in the Y,2; 'C-3" ter. 'M' districts. No travel tnikr may be war for any residential purpose either tru silently l permanently unless located in trailer camp or moble home park. (19) the extraction of cud, gravel, and olh, raw materials requiring the removal of a overburden above the deposit, provide however any bulk storage dertracted se ierw or overburden and my processing, edinseton maehkhey or the open lee any cut shall be at icast five hundred (50 Gat Gam sty residential structure, strer er Place. (20) Parking lots on Lard in *W districts with three hundred(300) feed fie sthe bound, of any C' or 'M' district, provided ti following standards are met a. Ingress and egress to such lot Ball I from a street directly serving the ce, Inertial, business or industrial IIWA, b. No business involving the repair servke of vehkks, or sale, or displ thereof shall be conducted from wap such parking areas. ZONING c. A special use permit shall not be required under this section for any agency of any state, county or other local government unit engaging in recycling activity for its internal oP- elation 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 -P districts. or for more than twenty (20) persons in 'C' districts. with the provision that no special use permit shall be issued for such a facility unless the applicant for such permit provides evi- dence that he has provided written noti- fication of the proposed placement of the facility to the owner or owners of property located within one hundred eighty-five (185) feet of the boundaries of the prop- erty on which the treatment facility is to be located. Further, the exterior appear ance of the treatment facility shall res sooably conform to the exterior appear- amm of other buildings in the vicinity and . treatment facility shall not be looted dour than three hundred seventy (370) feel to any other substance abuse facility. (30) Single air doublewide• manufactured Mme or manufactured business units for office purposes only in 'M-2" heavy industrial districts. (31) Family day rare homes for the are of more than six (6) children but not more than tan (10) children in a residential (321 Excursion gambling boat al (baling gam tiling facility in my "C' er'M' district. or combination there*/• with the following provisioms: •. Accessary aces diteedy connected. mtoodated w linked with the opera tfoa of an escunion gambling boat er floating facility shall be included with. and made a part of, any special weir permit I"." therefor and shall .I- be within a 'C or "Id' district. or combination thereof e.*. W it IVA „ . I; 1967 Accessory uses associated wit excursion gambling boat or ffo, facility shall include the follow. 1. float support facilities. 2. Docking or mooring facilit 3. Employee support facilitie e. Ground transportation t ties. 5. passenger ticketing and r lien facilities. G. Parking finalities. 7. Security fatalities. 8. Signs. including those alts to is building or other struc is boat w floating acilit otherwise placed m the I tees constituting an excu gambling but or floating ity site. O&street parking. Off-street Ing and loading loWities As provided as specified in cation of this chapter. except that d quirament for off-street Peru an axcurzicn gambling boat or Log facility and its accessory shall be oe and OW -1- f flys) s for every two (2) passengers. on maximum occupancy. Plus c. spats per employee en the man shift. In additon, full size bus ing spaces dull be provided . geired by the planning and r c*enmission ad city council. site dip mit adr 10 11" nor a "M wait section, the devdeper(d shale il • formal site plan for r• which indoles, but Is not nec ly limited to the "siorirhg: t. Maps and other graphic, ,sting to mW all ^da^osproi be dcv ink to tog lidded. Indi- .WW much pyopertie owrhed, leased, optioned• , Pnsd for such. sat. 70.39. spa" use regulations. (a) Subject to the provisiaat*(this section, the city ommcl W by ordinance on its own motion or on application grant a special use permit for to specialzea" enumerated this taction in coy districts as hereto qualifiedGaon whkh Use wes from nee otherwise prddbited by this chapterthe city ewuncil 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 sine or design of bsildings and other Impr0 mens 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 " provided in section 305 relating to applications (or district changes. (I) The city council dull determine whether such building or use will: a. Substantially increase traffic haz. ards or congestion. b. Substantially inerease fire hazards. c. Adversely affect the character of the - neighborhood; " in respect a spe- cial use permits for dwelling pur- poses where required, be adversely affected by the character of the meighbafiood. d. Adversely affect the general wclfarc of the community. e. Overaz Public utilities. U Be in conflict with the comprehensive city plan. (2) If the emncil's finding is negative ar to all the subjects referred to in this subsection (b), the application may be granted; if of. firmative as to any subject, then such per. mit shall be denied. (d Any proposed special use shall otherwise comply with all the regulati*ns 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 suds district. 4 W" CAPE GIRARDEAU COnE e. No structures shall be erected or rc main m any portion M. la except as provided far under item C. hereof. d. No signs shall be creded on the park ine area except as approved by tie city Council. e. Parking areas shall be used for park tag patrons. Private passenger void. des eoly, and se Burge shall be made far parking within such promises. L the parking shall be set back in con- formity, with the esab)iahed or re- oluired yards fee residential uses and, who a parking area adjoins a dwell - Lag use. R shall have a minimum side yard often (10) f«t. C. The parking area shall be suitably screened " fenced, paved and drained. Lighted and maintained free of debris CZ 1) Any C' district use in an *R' district. (22) All caw for which special use permits are required by other sections of thew regula tial. (23) Buildings I. excess a the height and story requirements set forth in section 30-36 for 'R -d' ad'O.2' dis4ic s, provided tide yards are increased Ln width one (1) fool for each act of height (hal the building exceeds the height aegulstiees of the district in which it La Located up to. height of severity-fnve (75) feel and tlhereaffer .o I.cr— in aide y.rda dull be required for any heiglht in escesa of seventy-five (75) feet. ac) Any C' district wart in a more restrictive C' dietrid. Q5) Beerier (iliais housirng under to fallowing turns: Over only I. 'RJ; "RJ' and 'C was; Only seder citizens. handicapped or dissbiad bdivldusla would be permit. Mil "seat. purchase or Inhabit unit. onewail mule"duper. e. A parmowa.l sign, prominently tits. payed, moat be plead an to building deafly labeling the structure " senior citizen housing, and also having thcrc. upon the ordinance number establish- ing the structure as senior citizen Nous. ng. (26) Reserved. (27) The manufacture of commercial cooking and catering equipment in'CJ' districts. (28) Recycling in 'C-2; C-3; 'M -l' w 'M-2' districts, including salvage, processing and storage of paper and paper products; alu- minum cans and other metal containers; doth, clothing and raga; plastics and rub- ber products; lumber or wood products; and glass. Provided, however, that all process- ing, treatment and handling of the above- described materiels, other than Loading and unloading from transport vehicles, shall be inside of a building and all storage of audn materials shall be either indole of a build -11 or in dosed transport trailers, a such a manner as not to create a nuisance by virtue of odor, vermin, emission, or die charge. Provided further that any process- ing of such materials shall net create a nuisance or health hazard by virtue of noise, odor, emission, discharge or byproducts. t.oading and unloading of materials from transport vehicles rhall be completed and U. transport -hides removed from the premises within twenty-four (24) hours of to reoeipt of a transport vehick on the premises. E-lusion.: •. Nci.pedal use permit shall be required under this section for any person, com Party w firm engaged I. r«rdine oc- tivity of hts own produea which are manufactured or add on the premises when such recycling is dons in support *(the principal operation (that bu.i- nm. b No special uta* permit will be required under the provisions of this section nor recycling sdhvily, conducted by am - profit organizations for periods test tea eeoding Wray, (301 day. Many "Ien dor year. tONING (d) Special uses. (1) Public or private landing field, landing strip, helicopter landing pad, heliport or other landing .res for .11 forms of airtraR; auto race track and drag strip. (2) Amusement park, but not within three hundred (300) feet of my '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. ffeces, warehouses, and other support build- ings for local units of government and subatate agencies, unless otherwise lu- cated within a zoning district which would allow a coomeraial or institutional facility of the came nature as a use -by -tight. (4) Cemetery, crematorium or mausoleum. (5) Church er other place of worship, or Sun. day school, in'R-1,"R-2; *riff-3'residen- tia1 districts. (6) Circus or caunival grounds, but not within three hundred (300) feet of any *IV district. (7) Commercial. recreational, or amusement development for temporary or waumal Pe- riods. (81 U(estm d.l (9) Institution, college, or hospital provided that any hospital or Institution permitted 1965 t 30: in any "R* district shall be located on is it of mel Loss than five (5) aeras, shall is, occupy more than fogy (40) percent of th total Let area, and shall be act back Gam a Y-4 lin" at least two (2) feet (ter etch fa of building height. (10) Marina or dock. (11) Nursing bome I. 'R* districts. (12) Office building of a dvb, religious or eh., itable organization, conducting actfvitic Primarily by mal and not handling ma eharndise w rendering services on the prey uses, but only within the'R-' district. (13) Privately operated community building c recreation field. (14) Public utilities. (15) Riding stable. (16) Radio or television broadcasting tower c cation. (17) Residential uses m provided for in section. 30-28 (41 Districts) and 30-33 (M-1 Di. trict.). (18) Travel trailer camp. in the Y,2; 'C-3" ter. 'M' districts. No travel tnikr may be war for any residential purpose either tru silently l permanently unless located in trailer camp or moble home park. (19) the extraction of cud, gravel, and olh, raw materials requiring the removal of a overburden above the deposit, provide however any bulk storage dertracted se ierw or overburden and my processing, edinseton maehkhey or the open lee any cut shall be at icast five hundred (50 Gat Gam sty residential structure, strer er Place. (20) Parking lots on Lard in *W districts with three hundred(300) feed fie sthe bound, of any C' or 'M' district, provided ti following standards are met a. Ingress and egress to such lot Ball I from a street directly serving the ce, Inertial, business or industrial IIWA, b. No business involving the repair servke of vehkks, or sale, or displ thereof shall be conducted from wap such parking areas. ZONING c. A special use permit shall not be required under this section for any agency of any state, county or other local government unit engaging in recycling activity for its internal oP- elation 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 -P districts. or for more than twenty (20) persons in 'C' districts. with the provision that no special use permit shall be issued for such a facility unless the applicant for such permit provides evi- dence that he has provided written noti- fication of the proposed placement of the facility to the owner or owners of property located within one hundred eighty-five (185) feet of the boundaries of the prop- erty on which the treatment facility is to be located. Further, the exterior appear ance of the treatment facility shall res sooably conform to the exterior appear- amm of other buildings in the vicinity and . treatment facility shall not be looted dour than three hundred seventy (370) feel to any other substance abuse facility. (30) Single air doublewide• manufactured Mme or manufactured business units for office purposes only in 'M-2" heavy industrial districts. (31) Family day rare homes for the are of more than six (6) children but not more than tan (10) children in a residential (321 Excursion gambling boat al (baling gam tiling facility in my "C' er'M' district. or combination there*/• with the following provisioms: •. Accessary aces diteedy connected. mtoodated w linked with the opera tfoa of an escunion gambling boat er floating facility shall be included with. and made a part of, any special weir permit I"." therefor and shall .I- be within a 'C or "Id' district. or combination thereof e.*. W it IVA „ . I; 1967 Accessory uses associated wit excursion gambling boat or ffo, facility shall include the follow. 1. float support facilities. 2. Docking or mooring facilit 3. Employee support facilitie e. Ground transportation t ties. 5. passenger ticketing and r lien facilities. G. Parking finalities. 7. Security fatalities. 8. Signs. including those alts to is building or other struc is boat w floating acilit otherwise placed m the I tees constituting an excu gambling but or floating ity site. O&street parking. Off-street Ing and loading loWities As provided as specified in cation of this chapter. except that d quirament for off-street Peru an axcurzicn gambling boat or Log facility and its accessory shall be oe and OW -1- f flys) s for every two (2) passengers. on maximum occupancy. Plus c. spats per employee en the man shift. In additon, full size bus ing spaces dull be provided . geired by the planning and r c*enmission ad city council. site dip mit adr 10 11" nor a "M wait section, the devdeper(d shale il • formal site plan for r• which indoles, but Is not nec ly limited to the "siorirhg: t. Maps and other graphic, ,sting to mW all ^da^osproi be dcv ink to tog lidded. Indi- .WW much pyopertie owrhed, leased, optioned• , Pnsd for such. feat CAM ctaAADEAU OODE 2. The locations sal Ceselal (ices of afi barfilwgti ahuetwer, puk- lai"W etherfsdwas so m - pr g4hadevelopment1 I - lad data w also, fadlides, end eaceponcylimMe ofthe planned eman I gamhblwgbaderfieat- tag tacihty and serreaery uses. 3. Evfdeoee that the development eastaila su f iciest tam to pre - vide far any necessary ar p- ro." I.d4Me development end support (militks, include he ",Us& and the develop - includes sulfide nt giver tionlage ta aoosmmedate Ion. tion sad operation of the planned excurvioa gambling boat or floating facility. 4. As impact analysis including. but not limited to, expected ac- cess seines, traSee volumes, peak bouts deF - Uon, treaded road or improvements and traf- fic oontreis moomsaty to accom- modate the proposed uses and traffic volumes, and plans for saute security shat disaster r< aPoass- e. All buildings sod permanently moored structures shall comply with applicable standards of the city's budding codec PAdse; w own - Pansy Pawk far anT 6ece800r7 use are forth Is thh section shag be leaned pdar to the Issuance efeccu- pen0' perils for sM sew land-based permanent structures proposed as . past of the dnd.penent The city towdl May, bewewr, est Its dioee- Uaa approve • temporary oouWtcy peradt for any necessary use for . period of ane (1) year r the required Iswdboaed a4ucasse are not com pkted. tt31 Ilisi•wordaeuse or adfylxage units in ,c -r K cr dia4ida. tip Hooking garages: For *ad*" or sen,i- eadmed Mrking garages only. Parking TMA spate dim 0610" leu thea the Minimum also required in tun ordinance May be approved under a ape" tee permit. A buddindpadcM( plan mad documentary jusUGedioa for a requested variation (run the aninlmum standards must be submit. W with any applicatism hereunder. (35) Assembly and manutect-m from pre. fabricated parts e(aledronk and similar products in G2 districts. (36) Single er deubkwridc mmtuf-b-d home or manufactured business units for tem- porary silica purposes only during oen- struction or remodeling *(a Malt build. lag in 9d-1' tight Industrial Districts. Any ape" use permit U approved, will become effective only upon the issuance of a building permit for a main budding. All such temporary office emits shall be m - moved upon eocupancy of the completed construction or completion or abanden- meat of the construction work, whichever occurs Crest (37) Double -wide manufactured homer (mo- bile homes) fn'R-V Ray; 'Ray, os'R-4' districts, with the following provisions: ■. Mie manufactured home shall be in compliance with Federal M".( -- hired Home 0ooa4udion mid Safety Standards, adopted June 15, 1976, as amended, and Missouri Public Service Commiadas tales'. b. MW "it when nomPkta shall lave a Minlmnm vridth of mat less llaan lvrerh- ty-Cour (24) foundation feet as Ma- tured at all points perpendicular to the length oftiee manufactured hone. which &lull not be kss than forty- two (/2) foundation feet- This A -- dud is intended to restrict mails to the type which are brought a the site In parts, typically two (21 hwlvcv and at least ane thousand eW,( (1,006) Square feet mhhieevm. c. All wfieefa, springs„ e&ks. lughta. sod towing apparatus shall be removed. (-Anti l:t&ARDEAU MW 6th er far a midewial in eaeb;nstiun with aloP. ping aster Uses ar act fa.th in section 30-31.TIM deedepMewI pian due be referred a the pl - W&C MA Mooing esMM)ssiaa for Study and report. Approval dull be conditioned upon specific And- fagtchattlern.. - loome wsityuaapithmeets the (Awariag senlMmnc (11 That Use proposed development of any 'C -P planned commercial district in- deded as a put orthe plain complies with the regulations for these districts as set forth M action 20.11. Q) That the btandinp, other than, there to - eased vrRW& a'C-C district located M the area chaff be wad only ter ane -family dwetliags, twe%mQy dweWags. err multi. pit dwellings and the usual accessory uses such as private er parking garages. storage space sod for community acts - tim% Including churches and arihouls. PI 71sat the average lot siva per family oon- Wood 6. the site. exclusive of the are. accupied b7 a'61' district or by streets. will set be Ion than the Inc area per family regdrd to the district M which the development Is located. /11 TU" the acre is adaptable to complete e.MMuaky development being bounded by Major I6aaeughfarva, streets, 1611' read.. or sWar mciarnal barks, and to- sa4r me possible without a Myer Rhor. wagh(aa accosting throaeb the ptdeet err soy other plovial (Were which would tend to impair the sdfhbalod or com- o.walty oobsdwam. 461 71st M scare dean brontylrve 03) per. east of the grew am of the swelled be derated Y a 'C -r district and that ao asom time Catty (601 pervaad of the gree aura of Wf purl heated M a single. (anally (laird be devoled M multiple. tLm67 dwAko. 461 Tlsmt rwCadent avec is resarved for reMe- atierl asl Woodland CadW as M asst the sse6a(dw ma(kfpaled reputation, err as deck." M Rua NapwbaWve plan. 171 That property adjacent to the arcs in coded to the plan will not be adversely aReded and ta this end. the city council May requim in the absence of any appro. priate physical barrier. that uses of hast intensity or a buffer of pea apace - aaaening be arranged along the borders of the praject. (61 That the plan is consistent with the intent turd purposes er this chapter to promote public health, safety, morals, and general wetfam 0) Hthe city aounal approves the plans. build lrrg lxrmYs nest eertKaates of oocupency may be insect eve though the use of the ked and the location and height of buildings to be erected in the area and the yards and open space mnt - ptated by the plan do act conform In all respects to the district rieutations of the district in which it is located. (g) An application for a special use permit under this section may be me&and processed co temporaneously with a proposed ahmendment of the district in which such site lies. (h) A special ate permit sball automatically expire wpm the failure to develop the use of the land for which the spodal we permit has been issued If the use is sat developed within twelve lit) months after the permit has been issued. U) In the event the use of the load nor which the special was permit has been issued is dhcor,- Itawd for a period ofsx (1) your then the special We permit aw automatically expire - (Coda 1967.13046; Ord. No. 660. 1 2, 2-149- " Ne. 761. 1 1.6.1649; Ord. Ne. M. Art 1. 12-1649; Ord. No. 645, M.U. a. 6,4.1440; Ord. Me. 962, art S. 1.1641; Ord. Ne. 1665. art. I. 9-1641; Ord. No. 1237, art. 2, (•2142: Ord. No. 1159. art 2. 12.2043; Ord. Na. 1629. uta. 2. 3- 6-1444; Ord. No. 1661. art$. 6. 6.6.2044; Ord. Its. IM arL ter 41 -SM; Ord. No. 1779. arta. 6.6. 9-I94M. Ord. Ns. 1904. "L 1.24W; Ord- NO 2090. ani 1. 11.1646; Ord. NO. 2199, cru- 7.6. 14147; Ord. No. 2262, am 2. 10.2047: Orb. No 2M. WL 1, 10.1047; Ord. Na. 2197, art. 2- S-1449) l d. T1se wall must be permanently Is - a 6wads" ev In aemr- dance with the BOCA National Budding code. <. orientation of the awsautaetured lousing Unit an the lat shall conform to the same orientation at the Ma- jority of conventionally built druc- turns to the immediate area (wahln three hundred (300) (MU. Example. From door to front lot line, rear dux ta test lat line. f Reu(must be a fable ec bip rodatat hest three (3) is twelve (t2) pitch er greater and covered with material that Is residential in oppearsnce, including, but net limited ta ap- proved wood, asphalt composition or fiberglass stdneks, but excluding cor- rugated aluminum, corrugated fiber- glass. x Metal tools: except for Per- mitted deck areas, alt roolstrudAr es shall provide an ave prgedioa nano less thus sac (6) inches std no greater than thirty (30) inc�hes. g. Exterior siding or covering shall be d a type. quality and appearance customarily used on conventionally built hoose:. h. The let shall be provided with a turd marfaca(nota[Rhert hmature) drive- way mot las than nine (9) feet wide with a&-yead parking sufficient for the placement of at kat two (2) vehicles. L A adolmaM of eighteen (19) hnthes dmewl space under the entire man- ufaduaed hone shall be maintained. j. permanent steps shell be set at all external exits with appropriate hand- MIL, xter nalexitswithappropriatehand- reRs andhr guard rails. k. The unit shall be served by a water supply and sewage disposal system in accordance with the IateMS00 al Plumbing Code. ss currently adopted by the city. Supp. No. rO 1. The salt by NmWad oak 9,W* 01101144,11 by do city. n. A4ysuchst actaresoke afnkm M all applicable - ouhdivideaatdinaeoos scat. pertinent ordinance in eCe Goes of installation or cont Including neWadc requirem (381 Halfway bouses for the rebabil, adult p K%WA who are pducws . pcisonstq may aal7 be forded in 04. U.J. M4, and A-1 son" approved, are majeet to the additional coaddiams: a. tine (1) parking space for e (4) reddeats, Including s dents. b. The proposed facility sial appropriate and ream mabk c The facility Ball have me evidence of such use and advertising such use. d. At the time of original aP the proposed facility is to I within five hundred (50C another such facility pubes os parochial school, CT -P as or jwvmilu, Worst- sonvoiesemt home (aederl, nares ry or boarding homy ounce; redden" wase• exi identid Use, or facility for talar' or pll7d dry haadia city "used may segmhv s Uond conditions on the at perank as it bels are sac ad dad. the effect of the as on the surrounding pr e. Ibe applicantshslldenanr there shall be m negative property within five band feet of the proposed (acilit (39) Mkrobrswery or pub brewery i. "CJ', or IM -1 dishier (e) community watt pimp- The owW U" Orland may request a special tau the use and devdop ant ofasch tree, fe 1969 V (IF DENIED) CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , , the Cape Girardeau City Council considered the application for Special Use Permit dated 1/31/2001 filed by Lionshead TnvPc m n a., T.. and Kinder and Maurer D v_1n mPn a, T -T. C for the property located at 2900 to 3000 block of R av k n iv ,r;;pt- for the purpose of (condominiums). 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 nBILL NO. 2001-42 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO LIONSHEAD INVESTMENTS, L.L.C. AND KINDER AND MAURER DEVELOPMENTS, L.L.C., FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING TOWNHOMES (CONDOMINIUMS) IN THE 2900 TO 3000 BLOCK OF BEAVERCREEK DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Lionshead Investments, L.L.C., is the owner of certain property in the City of Cape Girardeau, on which Kinder and Maurer Developments, L.L.C. desires to construct, maintain and operate townhomes (condominiums); and WHEREAS, the proposed location of said townhomes is in the 2900 to 3000 block of Beavercreek Drive, which property is presently zoned R-4, Multiple Dwelling District; and WHEREAS, a Special Use Permit is required for said use in an R-4 zone; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council having duly considered the application finds that the granting of the Special Use Permit will not substantially increase traffic hazards, congestion, fire hazards or adversely affect the general character of the neighborhood or the general welfare of the community, nor will it overtax public utilities or be in conflict with the comprehensive plan. ARTICLE 2. A Special Use Permit for purposes of constructing, maintaining and operating townhomes (condominiums), on the following described property: That part of the South half of Fractional Section 26, Township 31 North, Range 13 East, County of Cape Girardeau, State of Missouri, described as follows: Commence at the Northwest corner of Mount Auburn Subdivision No. 5; thence South 10 07' 51" West, 150.0 feet; thence North 88° 23' 32" West, 296.62 feet, to the place of beginning; thence North 10 34' 28" East, 150.0 feet; thence North 88° 25' 32" West, 382.0 feet; thence South 000 50' 33" West, 354.72 feet, to a point on the North line of Beavercreek Drive; thence with said North line, South 790 23' 22" East, 38.35 feet; thence along the arc of a curve to the left, having a radius of 75.0 feet, a distance of 12.52 feet; thence South 380 57' 07" East, 134.45 feet; thence along the arc of a curve to the right, having a radius of 125.0 feet, a distance of 86.31 feet; thence South 490 23' 22" East, 64.34 feet; thence along the arc of a curve to the left, having a radius of 75.0 feet, a distance of 23.94 feet; thence leaving said Beavercreek Drive North 10 07' 51" East, 249.62 feet; thence North 460 21' 09" East, 60.18 feet, to the place of beginning and containing 3.10 acres, more or less. is hereby granted to Lionshead Investments, L.L.C. and Kinder and Maurer Developments, L.L.C, to be effective ten (10) days after the date of passage and approval of this ordinance. The special use must comply with all regulations set forth in the Zoning Code for the district in which the use is located except those which have been specifically excepted under this permit, and all other applicable ordinances of the City of Cape Girardeau, Missouri, and any special conditions contained in the Special Use Permit, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference. The City Manager is hereby given the power to execute the Special Use Permit for and on behalf of the City of Cape Girardeau, Missouri. ARTICLE 3. Attached hereto as Exhibit "B" and incorporated herein by reference is the formal Findings and Conclusions of the City Council. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk , 20 V W SPECIAL USE PERMIT Lionshead Investments, L.L.C., G. Keith Deimund, 2316 Jean Ann Drive, Cape Girardeau, MO 63701 and Kinder and Maurer Developments, L.L.C, 2307 Kenneth Drive, Cape Girardeau, MO 63703, are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating townhomes (condominiums), on the following described property for an indefinite period of time: That part of the South half of Fractional Section 26, Township 31 North, Range 13 East, County of Cape Girardeau, State of Missouri, described as follows: Commence at the Northwest corner of Mount Auburn Subdivision No. 5; thence South 10 07' 51" West, 150.0 feet; thence North 880 23' 32" West, 296.62 feet, to the place of beginning; thence North 10 34' 28" East, 150.0 feet; thence North 880 25' 32" West, 382.0 feet; thence South 000 50' 33" West, 354.72 feet, to a point on the North line of Beavercreek Drive; thence with said North line, South 790 23' 22" East, 38.35 feet; thence along the arc of a curve to the left, having a radius of 75.0 feet, a distance of 12.52 feet; thence South 380 57' 07" East, 134.45 feet; thence along the arc of a curve to the right, having a radius of 125.0 feet, a distance of 86.31 feet; thence South 490 23' 22" East, 64.34 feet; thence along the arc of a curve to the left, having a radius of 75.0 feet, a distance of 23.94 feet; thence leaving said Beavercreek Drive North 1° 07' 51" East, 249.62 feet; thence North 460 21' 09" East, 60.18 feet, to the place of beginning and containing 3.10 acres, more or less. This Special Use Permit is granted upon the condition that the Applicant be bound by all City Ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicant to comply with these special conditions, the Special Use Permit will automatically terminate and the City of Cape Girardeau shall have the right to enter upon the land to abate such special use. 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. EXHIBIT A 3. This Special Use Permit shall automatically terminate in twelve (12) months upon the failure to develop the use of the land for which the Special Use Permit has been issued. 4. This Special Use Permit is not transferrable without consent of the City Council. IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of , 20 . Michael G. Miller City Manager ATTEST: Gayle L. Conrad City Clerk STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 20 , before me appeared Michael G. Miller, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. My Commission Expires: October 8, 2004 Delores G. Needham, Notary Public EXHIBIT A WA V" CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , , the Cape Girardeau City Council considered the application for Special Use Permit dated 1/31/2001 filed by T•ionah ad Investments, 7 T C and Kindar and Maurar DF+olo�mPntG, T 7 r for the property located at 2900 to 3000 block of R av rcraak Drive. Cane for the purpose of (condnminiumal. In examining this application, the following factors were considered and found as noted: City Council Findings: The Proposed Special Use Permit, With The Stated Conditions, Would: 1. Substantially increase traffic hazards or congestion 2. Substantially increase fire hazards 3. Adversely affect the character of the neighborhood; or in respect to special use permits for dwelling purposes where required, be adversely affected by the character of the neighborhood. 4. Adversely affect the general welfare of the community 5. Overtax public utilities. 6. Be in conflict with the comprehensive city plan Yes No N/A X X X _X The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-39 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved Denied X Approved with conditions specified on attached Special Use Permit (SEAL) ATTEST: City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Mayor EXHIBIT B W QZ \ I IJ I o WAR I ` ST_ / CR r FRAN*" �_ � / MON w p• S N 0am / , D OBW RN - DR_ Si., , _ (), CREEn i - LAKE`S \ t`� LNH- - a �TkANc /'\ 2 DR. � I ME,vCR�AL DR I\� ' _ ..� � ✓<� ALLEN DR. DR. m rc ryP J'OQ" ENN OR. �P \ Sf TRAIL ARABIANR. NO DR SgpA Dfi \` I DR. o M EARLEEN W LEE OR. l C �y ay RD HUNTERS UNCTON ` 55 ctERY F U m 4 _ 3 x a c g F Fq � m rj o z Op i o ESt / JASMINE NORTNCHURCS m USA $ IIOR CANNON �S II ROSE I \ \ \ MAGNOLIA ; SCENICDR.Aw' (l / II \ GNANITE OR I\_ x enc �A PATRIOT r MELROSE AVt S ubject Q?� a 'F�fs0� FLEA HILLS DR. V' LYN M700 / o i Property ALBERT RASCH: \^ l / j. R. OR. 5 MASTERS '/ \ NSI D o ARRDWr1E u rV Q� SRFYo MARAN ' ANNWOCD �\ a c�i \y CT O�,AGE I DR oR" SEA `\ CCP'MUNI cARo Ewo00 _ ERCRE TY OR. CENTRE Lor VALLEY YEW LN. a \ J @RECKLNRIOGE /� N EAGLE RIDGE DR_p DH �' ' DR. THOMAS MOJh1 '.OFFER L _ ROAD EANH DR. - n AOR o� DP. OM1f i 1�l 1 \.c 'f/ �s NOFPEA 51 --LR D. _ S� Cp II Op \Sy s9 E.s-T ARD E - -06 uAR- ryesE C\Is, \ � Z CF t ..: ,IA•/DD<„ ,. MIMD$A iv I/ Clr �R TANI TG C. CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 56 Agenda March 5, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Amendment of Zoning Ordinance Regarding Front Yards This agenda item calls for the holding of an advertised public hearing on an amendment to the Zoning Ordinance relating to front yards where a setback is established by existing structures. The ordinance would be amended to allow structures to be built at the required setback, E even if it is closer to the property line that the setback established by existing structures in M-1 and M-2 districts. The Planning and Zoning Commission recommended approving these amendments at its meeting on February 13, 2001, by a vote of 8 in favor and no opposition. It is recommended that the City Council hold the advertised public hearing. Attached for first reading consideration is an ordinance which would amend the Zoning Ordinance to provide for these front yard setbacks in M-1 and M-2 zoning districts. Respectfully submitted, I t #/, Z4 Kent M. ratton Direct of Planning Services Michael G. M City Manager ICBM/MGM/rlf 1 BILL NO. 2001-47 AN ORDINANCE AMENDING SECTION THE CITY CODE RELATING REGULATIONS ORDINANCE NO. 30-37(D)(1) OF TO FRONT YARD BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 30-37(d)(1) of the Code of Ordinance of the City of Cape Girardeau, Missouri, reading as follows: Sec. 30-37. Height and area exceptions and modifications. (d) Front yards. The front yards heretofore established, excepting the 11C-3" commercial district, shall be adjusted in the following cases: (1) Where forty (40) percent or more of the frontage on the same side of a street between two (2) intersecting streets is developed with buildings that have observed a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings. �shereay repealed in its entirety, and a new Section 30-37(d)(1) is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 30-37. Height and area exceptions and modifications. (d) Front yards. The front yards heretofore established, excepting the 11C-3" commercial district, shall be adjusted in the following cases: (1) Where forty (40) percent or more of the frontage on the same side of a street between two (2) intersecting streets is developed with buildings that have observed a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings, except in the "M-1" and "M-2" districts. 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 A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad, City Clerk 20-- A. . CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 54 Agenda March 5, 2001 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Ordinance Accepting A General Warranty Deed, Permanent Drainage Easements, a Permanent Storm Sewer Easement, and Temporary Construction Easements from Various Property Owners for the New Madrid Street Improvement Project This Ordinance accepts a General Warranty Deed, numerous Temporary Construction Easements, Permanent Drainage Easements and a Permanent Storm Sewer Easements that are needed for the New Madrid Street Improvement Project. This Project includes the widening of New Madrid Street to 36 -feet, with curbs and gutters and a sidewalk between Perry Avenue and Henderson Avenue. The attached Ordinance would accept these Easements for the City of Cape Girardeau. This ordinance is on your Agenda for your consideration for first reading. City Manager �11 n BILL NO 2001- 43 ORDINANCE NO. AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED, PERMANENT DRAINAGE EASEMENTS, A PERMANENT STORM SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE NEW MADRID STREET IMPROVEMENT PROJECT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Esther Aufdenberg, a single person, surviving spouse of Arnold Aufdenberg, who died on the 4th day of February, 1980, conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 15, BLOCK NO.8 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the southeast corner of lot 15, block No. 8, said point being on the north Right of Way line of New Madrid Street; thence leaving said Right of Way line of New Madrid Street North 6°5228" East 10.00 feet; thence North 83°00'32" West 60.00 feet; thence South 6°5228" West 10.00 feet to said Right of Way line of New Madrid Street; thence along said Right of Way line of New Madrid Street South 83°00'32" East 60.00 feet to the point of beginning and containing 600 square feet; more or less. ARTICLE 2. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Lawrence and Tina Bill, conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 14, BLOCK NO.8 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUN'T'Y OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the southeast corner of lot 14, block No. 8, said point being on the north Right of Way line of New Madrid Street; thence leaving said Right of Way line of New Madrid Street North 6°5228" East 10.00 feet; thence North 83°00'32" West 60.00 feet to a point on the east Right of Way line of Missouri Avenue; thence along said Right of Way line of Missouri Avenue South 6°5228" West 10.00 feet to a point at the intersection of the east Right of Way line of Missouri Avenue and the north Right of Way line of New Madrid Street; thence along said Right of Way line Page 1 of 16 of New Madrid Street South 83°00'32" East 60.00 feet to point of beginning and i containing 600 square feet; more or less. �J ARTICLE 3. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Ronald T. Burgett conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 11, BLOCK NO.9 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the southwest comer of lot 11, block No. 9, said point being at the intersection of north Right of Way line of New Madrid Street and the east Right of Way line of Perry Avenue; thence along said Right of Way line of Perry Avenue North 6°48'28" East 34.10 feet; thence leaving said Right of Way line of Perry Avenue South 83°11'32" East 10.00 feet; thence South 6°4828" West 24.13 feet; thence South 83°00'32" East 45.21 feet; thence South 6°52'28" West 10.00 feet to a point on the said Right of Way line of New Madrid Street; thence along said Right of Way line of New Madrid Street North 83°00'32" West 55.20 feet to point of beginning and containing 793 square feet; more or less. ARTICLE 4. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by James and Bessie Crites conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 15, BLOCK NO.9 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUN'T'Y, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the southeast corner of lot 15, block No. 9, said point being on the north Right of Way line of New Madrid Street; thence leaving said Right of Way line of New Madrid Street North 605228" East 10.00 feet; thence North 83°00'32" West 56.00 feet; thence South 6°5228" West 10.00 feet to a point on the said Right of Way line of New Madrid Street; thence along said Right of Way line of New Madrid Street South 83°00'32" East 56.00 feet to the point of beginning and containing 560 square feet; more or less. ARTICLE 5. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Terry E. and Teresa A- Crowell conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 1, BLOCK NO.5 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Page 2 of 16 BEGIN at the northeast corner of lot 1, block No. 5, said point being at the intersection of the south Right of Way line of New Madrid Street and the west Right of Way line of West End Boulevard; thence along said Right of Way line of West End Boulevard South 8°16'32" East 10.37 feet; thence leaving said Right of Way line of West End Boulevard North 83°00'32" West 175.93 feet to a point on the east Right of Way line of a 15 feet Alley; thence along said Right of Way line of a 15 feet Alley North 6°5228" East 10.00 feet to the intersection of the east Right of Way line of a 15 feet Alley and the South Right of Way line of New Madrid Street; thence along said Right of Way line of New Madrid Street South 83°00'32" East 173.20 feet; to the point of beginning and containing 1,746 square feet; more or less. ARTICLE 6. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by William G. and Rebecca Jo Davidson conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 3, BLOCK NO.4 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the northeast corner of lot 3, block No. 4, said point being on the south Right of Way line of New Madrid Street; thence leaving said Right of Way line of New Madrid Street, South 6°3228" West 10.00 feet; thence North 83°00'32" West 70.00 feet to the east Right of Way line of a 15 feet Alley; thence along said Right of Way line of a 15 feet Alley North 6°3228" East 10.00 feet to the intersection of the said Right of Way line of a 15 feet Alley and the south Right of Way line of New Madrid Street; thence along said Right of Way line of New Madrid Street South 83°00'32' East 70.00 feet; to the point of beginning and containing 700 square feet; more or less. ARTICLE 7. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Larry and Margaret Dowdy conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 16, BLOCK NO.9 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the southeast corner of lot 16, block No. 9, said point being at the intersection of the north Right of Way line of New Madrid Street and the west Right of Way line of Missouri Avenue; thence along said Right of Way line of Missouri Avenue North 6°52'28" East 10.00 feet; thence leaving said Right of Way of Missouri Avenue North 83000'32" West 56.00 feet; thence South 6152'28" West 10.00 feet to a point on the said Right of Way line of New Madrid Street; thence along said Right of Way line of New Madrid Street South 83°00'32" East 56.00 feet to the point of beginning and containing 560 square feet; more or less. Page 3 of 16 ARTICLE 8. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Evelin Estes conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 8, BLOCK NO.8 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE at the southeast corner of lot 8, block No. 8, said point being at the intersection of the north Right of Way line of New Madrid Street and the west Right of Way line on West End Boulevard; thence along said Right of Way line of New Madrid Street North 83000'32" West 11.84 feet to the point of beginning; thence along said Right of Way line of New Madrid Street North 83°00'32" West 75.66 feet; thence leaving said Right of Way line of New Madrid Street North 6°10'58" East 10.00 feet; thence South 83000'32" East 83.90 feet; thence South 45°58'58" West 12.87 feet to the point of beginning and containing 798 square feet; more or less. ARTICLE 9. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Rebecca K. Green and Darren Harris conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 9, BLOCK NO.5 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the northeast corner of lot 9, block No. 5, said point being on the south Right of Way line of New Madrid Street; thence leaving said Right of Way line of New Madrid Street South 6°52'28" West 10.00 feet; thence North 83°00'32" West 30.00 feet; thence South 605228" West 8.00 feet; thence North 83°00'32" West 30.00 feet to a point on the east Right of Way line of Missouri Avenue; thence along said Right of Way line of Missouri Avenue North 6°52'28" East 18.00 feet; to a point at the intersection of the south Right of way line of New Madrid Street and the east Right of Way line of Missouri Avenue; thence along said Right of Way line of New Madrid Street South 83°00'32" East 60.00 feet; to the point of beginning and containing 840 square feet; more or less. ARTICLE 10. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Mark J and Florence M. Harold conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 9, BLOCK NO.6 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUN'T'Y, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Page 4 of 16 BEGIN at the northeast corner of lot 9, block No. 6, said point being on the south Right of Way line of New Madrid Street; thence leaving said Right of Way line of New Madrid Street South 6052'28" West 17.00 feet; thence North 83°00'32" West 43.33 feet; thence South 6°52'28" West 13.41 feet; thence North 83°07'32" West 10.00 feet to a point on east Right of Way line of Perry Avenue; thence along of said Right of Way line of Perry Avenue North 6°5228" East 30.43 feet; thence along said Right of Way line of New Madrid Street South 83°00'32" East 53.33 feet to the point of beginning and containing 1,041 square feet; more or less. ARTICLE 11. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Mark J and Florence M. Harold conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 1 BLOCK NO. 15 OF NORMAL HEIGHTS ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the northeast corner of lot 1, block No. 15, said point being on the intersection of the south Right of Way line of New Madrid Street and the west line of Park Avenue, thence along said Right of way line of Park Avenue South 6°13'26" West 10.00 feet; thence leaving said Right of Way of Park Avenue North 83°40'06" West 125.00 feet to the east Right of Way line of a 11 feet Alley; thence along said Right of Way line of a 11 feet Alley North 6013'26" East 10.00 feet to the intersection of the said south Right of Way line of New Madrid Street and the said Right of Way line of a 11 feet Alley; thence along said Right of Way line of New Madrid Street South 83040'06" East 125.00 feet; to the point of beginning and containing 1,250 square feet; more or less. ARTICLE 12. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Laura Johnston conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 11, BLOCK NO.7 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUN'T'Y OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE at the southwest corner of lot 11, block No. 7, said point being at the intersection of the north Right of Way line of New Madrid Street and the east Right of Way line of West End Boulevard; thence along said Right of Way line of New Madrid Street South 83°00'32" East 15.19 feet; to the point of beginning thence along said Right of Way line of New Madrid Street South 83000'32" West 94.81 feet; thence leaving said Right of Way line of New Madrid Street North 6°59'28" East 12.02 feet; thence South 88°54'39" West 42.69 feet; thence North 83°00'32" West 58.73 feet; thence South 38°50'45" East 8.61 feet; to the point of beginning and containing 251 square feet; more or less. Page 5 of 16 ALSO: l THAT PART OF LOT 11, BLOCK NO 7 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THR CITY AND COUN'T'Y OF CPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALSO COMMENCE at the southwest corner of lot 11, block No. 7, said point being at the intersection of the North Right of Way line of New Madrid Street and the East Right of Way line of West End Boulevard; thence along said Right of Way line of West End Boulevard North 5°29'28" East 35.00 feet to the point of beginning; thence leaving said Right of Way line of West End Boulevard South 84°30'32" East 10.00 feet; thence North 5°29'28" East 25.00 feet to north line of lot 11; thence North 83100'32" West 10.00 feet to said Right of way line of West End Boulevard; thence along said Right of Way line of West End Boulevard South 5029'28" West 25.00 feet; to the point of beginning and containing 714 square feet; more or less. Total square feet 965. ARTICLE 13. The City of Cape Girardeau, Missouri hereby accepts a Permanent Drainage Easement executed by Laura Johnston conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 11 BLOCK NO.7 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUN'T'Y OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the southwest corner of lot 11, Block No. 7, said point being at intersection of the north Right of Way line of New Madrid Street and the east Right of Way line of West end Boulevard; thence along said Right of Way line of New Madrid Street South 83°00'32" East 15.19 feet; thence leaving said Right of Way line of New Madrid Street North 38°50'45" West 21.73 feet, to a point on the said Right of Way line of West End Boulevard; thence South 5°29'28" West 15.14 feet to the point beginning and containing 115 square feet, more or less. ARTICLE 14. The City of Cape Girardeau, Missouri hereby accepts a Permanent Drainage Easement executed by Evelin Estes conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit THAT PART OF LOT 8, BLOCK NO.8 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the southeast corner of lot 8, Block No. 8,said point being at the Intersection of the north Right of Way line of New Madrid Street and the west Right of Way line of West End Boulevard; thence along said Right of Way line of West End Boulevard North 5°29'28" East 14.17 feet; thence leaving said Right of Way line of West End Boulevard South 45°58'58" West 18.23 feet, to a point on the said Right of Way of New Madrid Street; thence along said Right of Way of Page 6 of 16 New Madrid Street South 83100'32" East 11.84 feet, to the point of beginning and containing 84 square feet, more or less. ARTICLE 15. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Dana King conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 8, BLOCK NO.6 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the northeast corner of lot 8, block No. 6, said point being on the south Right of Way line of New Madrid Street; thence leaving said Right of Way line of New Madrid Street South 6152'28" West 27.00 feet; thence North 83°07'32" West 10.00 feet; thence North 1702224" West 11.00 feet; thence North 83°00'32" West 38.81 feet; thence North 6°5228" East 17.00 feet; to a point on the south Right of way line of New Madrid Street; thence along said Right of Way line of New Madrid Street South 83°00'32" East 53.33 feet; to the point of beginning and containing 1,029 square feet; more or less. ARTICLE 16. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Gary R. and Michelle Y. Miller conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 4, BLOCK NO. 4 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the northeast corner of lot 4, block No. 4, said point being at the intersection of south Right of Way line of New Madrid Street and the west Right of Way line of a 15 feet Alley; thence along said Right of Way line of a 15 feet Alley South 603228" West 10.00 feet; thence leaving said Right of Way line of a 15 feet Alley North 83100'32" West 70.00 feet; thence North 6°3228" East 10.00 feet to said south Right of Way line of New Madrid Street; thence along said Right of Way line of New Madrid Street South 83°00'32' East 70.00 feet; to the point of beginning and containing 700 square feet; more or less. ARTICLE 17. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Thomas I and Karen S. Mogelnicki conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 1, BLOCK NO.6 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Page 7 of 16 BEGIN at the northeast corner of lot 1, block No. 6, said point being at the intersection of the south Right of Way line of New Madrid Street and the west Right of Way line of Missouri avenue; thence along said Right of Way line of Missouri Avenue South 6°52'28" West 10.00 feet; thence leaving said Right of way of Missouri Avenue North 83°00'32" West 54.00 feet; thence North 6°52'28" East 10.00 feet; to a point on the south Right of way line of New Madrid Street; thence along said Right of Way line of New Madrid Street South 83100'32" East 54.00 feet; to the point of beginning and containing 540 square feet; more or less. ARTICLE 18. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Carl and LaDonna I Murray conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 1, BLOCK NO.6 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE at the northeast corner of lot 1, block No. 6, said point being at the intersection of the south Right of Way line of New Madrid Street and the west Right of Way line of Missouri avenue; thence along said Right of Way line of New Madrid Street North 83000'32" West 54.00 feet; to the point of beginning thence leaving said Right of way of New Madrid Street South 6°52'28" West 10.00 feet; thence North 83°00'32" West 53.00 feet; thence North 6°52'28" East 10.00 feet; to ` a point on the south Right of way line of New Madrid Street; thence along said Right of Way line of New Madrid Street South 83°00'32" East 53.00 feet; to the point of beginning and containing 530 square feet; more or less. ARTICLE 19. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Martha S. O'Connell conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 8, BLOCK NO.5 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the northeast corner of lot 8, block No. 5, said point being on the South Right of Way line of New Madrid Street; thence leaving said Right of Way line of New Madrid Street South 6052'28" West 10.00 feet; thence North 83°00'32" West 25.00 feet; thence South 6052'28" West 5.00 feet; thence North 83°00'32" West 15.00 feet; thence North 6°52'28" East 5.00 feet; thence North 83°00'32" West 20.00 feet; thence North 6°5228" East 10.00 feet; to a point on said Right of Way line of New Madrid Street; thence along said Right of Way line of New Madrid Street South 83°00'32" East 60.00 feet; to the point of beginning and containing 675 square feet; more or less. V Page 8 of 16 ARTICLE 20. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Christine Owens and Leonard Clayton conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 8, BLOCK NO.8 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the southwest corner of lot 8, block No. 8, said point being at the intersection of the north Right of Way line of New Madrid Street and the east Right of Way line of a 15 feet Alley; thence along said Right of Way line of New Madrid Street South 83000'32" East 87.50 feet; thence leaving said Right of Way of New Madrid Street North 6110'58" East 10.00 feet; thence North 83°00'32" West 87.38 feet to said Right of Way line of a 15 feet Alley; thence along said Right of Way line of a 15 feet Alley South 615228" West 10.00 feet to point of beginning and containing 874 square feet; more or less. ARTICLE 21. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Kathleen Patton conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOTS 9 & 10 BLOCK NO. 14 OF NORMAL HEIGHTS ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIItARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the northeast corner of lot 9, block No. 14, said point being on the intersection of the south Right of Way line of New Madrid Street and the Right of Way line of a 12 feet Alley, also being the point of beginning; thence along said Right of Way line of a 12 feet Alley, South 6°13'26" West, 58.02 feet; thence leaving said Right of Way line of a 12 feet Alley, North 83146'34" West, 25.00 feet; thence North 64°50'54" West, 28.91 feet; thence North 37019'31" West, 21.47 feet; thence North 60°19'53" West, 50.00 feet; thence along a tangent curve concave to the south having a radius of 540.00 feet, a distance of 12.00 feet, to the east Right of Way line of Park Avenue; thence along said east Right of Way line of Park Avenue, North 06'13'26" East, 13.39 feet to the south Right of Way line of New Madrid Street; thence along said south Right of Way line of New Madrid Street, South 83°40.06 East, 125.0 feet to the point of beginning, and containing 4,746.46 square feet, EXCEPT that part within the permanent easement containing an area of 1,322.48 square feet; LEAVING 3,423.98 square feet, more or less. ARTICLE 22. The City of Cape Girardeau, Missouri hereby accepts a Permanent Storm Sewer Easement executed by Kathleen Patton conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOTS 9 & 10 BLOCK NO. 14 OF NORMAL HEIGHTS ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE Page 9 of 16 GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED l ' AS FOLLOWS: Commence at the northeast corner of lot 9, Block No. 14, said point being on the intersection of the south Right of Way line of New Madrid Street and the west line of a 12 feet Alley, thence along said right of way line of a 12 feet Alley thence South 6013'26" West 38.86 feet, to the point of beginning, thence South 6°13'26" West 17.87 feet, thence leaving said Right of Way line of a 12 feet Alley North 50°50'10" West 104.63 feet, thence South 83°40'06" East 27.67 feet, thence South 50°50'10" East 71.67 feet to the point of beginning and containing 1,322.48 square feet, more or less. ARTICLE 23. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by William J. Penrod, Trustee of the William J. Penrod Trust conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 4, BLOCK NO. 4 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the northwest corner of lot 4, block No. 4, said point being at the intersection of the south Right of Way line of New Madrid Street and the east Right of Way line of West End Boulevard; thence along said Right of Way line of New Madrid Street South 83°00'32" p East 151.64 feet; thence leaving said Right of Way line of New Madrid Street South J 6°32'28" West 10.00 feet; thence North 83°00'32" West 87.62 feet; thence South 6°59'28" West 5.00 feet; thence North 83°00'32" West 60.00 feet to said East Right of Way line of West End Boulevard; thence along said Right of Way line of West End Boulevard North 8°16'32' West 15.55 feet; to the point of beginning and containing 1,807 square feet; more or less. ARTICLE 24. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Richard J. and Kay M. Poljan conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 5 BLOCK NO. 15 OF NORMAL HEIGHTS ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the northeast corner of lot 5, block No. 15, said point being on the intersection of the south Right of Way line of New Madrid Street and the west Right of Way line of a 11 feet Alley; thence along said Right of way line of a 11 feet Alley South 6°1326" West 22.00 feet; thence leaving said Right of Way of a 11 feet Alley North 83°40'06" West 15.00 feet; thence North 6'13'26" East 15.00 feet; thence North 83°40'06' West 100.00 feet; thence South 6°13'26" West 25.00 feet; thence North 83°4634" West 10.00 feet; to the east Right of Way line of Illinois Avenue; thence along said east Right of Way line of Illinois Avenue North 6'13'26" Page 10 of 16 East 32.02 feet; to the intersection of the east Right of Way line of Illinois Avenue and the south Right of Way line of New Madrid street; thence along said Right of Way line of New Madrid Street South 83°40'06" East 125.00 feet; to the point of beginning and containing 1,350 square feet; more or less. ARTICLE 25. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by John W. and Geraldine Rodgers conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 16, BLOCK NO.8 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the southeast corner of lot 16, block No. 8, said point being at the intersection of the north Right of Way line of New Madrid Street and the west Right of Way line of a 15 feet Alley; thence along said Right of Way line of a 15 feet Alley North 6°5228" East 10.00 feet; thence leaving said Right of Way of a 15 feet Alley North 83°00'32" West 60.00 feet; thence South 605228" West 10.00 feet to a point on said Right of Way line of New Madrid Street; thence along said Right of Way line of New Madrid Street South 83°00'32" East 60.00 feet to the point of beginning and containing 600 square feet; more or less. ARTICLE 26. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by James R and Dorothy A. Seabaugh conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 7, BLOCK NO.6 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUN'T'Y, IN THE CITY AND COUN'T'Y OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the northeast corner of lot 7, block No. 6, said point being at the intersection of the south Right of Way line of New Madrid Street and the west Right of Way line of a 15 feet Alley; thence along said Right of Way line of a 15 feet Alley South 6°5228" West 38.90 feet; thence leaving said Right of way of a 15 feet Alley North 83100'32" West 5.00 feet; thence North 6°5228" East 22.00 feet; thence North 83°07'32" West 48.33 feet; thence North 6°5228" East 17.00 feet; to a point on the south Right of way line of New Madrid Street; thence along said Right of Way line of New Madrid Street South 83°00'32" East 53.33 feet; to the point of beginning and containing 1,014 square feet; more or less. ALSO: THAT PART OF LOT 1, BLOCK NO.6 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Page 11 of 16 BEGIN at the northwest comer of lot 1, block No, 6, said point being at the l intersection of the south Right of Way line of New Madrid Street and the east V Right of Way line of a 15 feet Alley; thence along said Right of Way line of New Madrid Street South 83°00'32" East 53.00 feet; thence leaving said Right of way of New Madrid Street South 605228" West 18.00 feet; thence North 83°00'32" West 43.00 feet; thence South 6°52'28" West 20.84 feet; thence North 83°07'32" West 10.00 feet to a point on the east Right of way line of a 15 feet Alley; thence along said Right of Way line of a 15 feet Alley North 6°52'28" East 38.86 feet to the point of beginning and containing 1,162 square feet; more or less. ARTICLE 27. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Erma Seabaugh conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOTS 1 & 2, BLOCK NO.4 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the northeast corner of lot 1, block No. 4, said point being at the intersection of the south Right of Way line of New Madrid Street and the west Right of Way line of Illinois Avenue, thence along said West Right of Way line of Illinois Avenue, South 6°32'28" West 54.92 feet; thence leaving said Right of Way line of Illinois Avenue North 83027'32" West 10.00 feet; thence North 603228" East 40.00 feet; thence North 83°00'32' West 130.00 feet; thence North 6°3228" East 15.00 feet to said Right of Way line of New Madrid Street; thence along said Right of Way line of New Madrid Street South 83100'32" East 140.00 feet; to the point of beginning and containing 2,500 square feet; more or less. ARTICLE 28. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by the Southeast Missouri State University conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 3 AND THE SOUTH 32.2' OF LOT 2, BLOCK NO. 14 OF NORMAL HEIGHTS ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the southeast corner of lot 3, block No. 14, said point being on the west Right of Way line of Henderson Avenue, thence leaving said right of way line North 83140'06" West 10.00 feet; thence North 6°13'26" East 82.34 feet, thence South 83°43'39" East 10.00 feet, to a point on the said west Right of Way line of Henderson Avenue; thence along said Right of Way line of Henderson Avenue South 6°13'26" West 82.33 feet; to the point of beginning and containing 823 square feet, more or less. V Page 12 of 16 ARTICLE 29. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by James L. and Sandra E. Shandy conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 11, BLOCK NO.7 OF MONTICELLO ADDITION CONTAINED IN THE EAST 79 FEET, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the southeast corner of lot 11, block No. 7, said point being at the intersection of the north Right of Way line of New Madrid Street and the west Right of Way line of a 15 feet Alley; thence along said Right of Way line of a 15 feet Alley North 6°59'28" East 12.00 feet; thence leaving said Right of Way line of a 15 feet Alley North 83°00'32" West 79.00 feet; thence South 6°59'28" West 12.00 feet to said Right of Way line of New Madrid Street; thence along said Right of Way line of New Madrid Street South 83000'32" East 79.00 feet; to the point of beginning and containing 948 square feet; more or less. ARTICLE 30. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Ida Watkins conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 12, BLOCK NO.9 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the southeast corner of lot 12, block No. 9, said point being on the north Right of Way line of New Madrid Street; thence leaving said Right of Way line of New Madrid Street North 6°5228" East 10.00 feet; thence North 83°00'32" West 56.00 feet; thence South 6°52'28" West 10.00 feet to a point on the said Right of Way line of New Madrid Street; thence along said Right of Way line of New Madrid Street South 83°00'32" East 56.00 feet to point of beginning and containing 560 square feet; more or less. ARTICLE 31. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Ola D. Watkins, a single person, surviving spouse of William H. Watkins, who died on the 27th day of December, 1999, conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 13 & 14, BLOCK NO.9 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: /! BEGIN at the southeast corner of lot 14, block No. 9, said point being on the north Right of Way line of New Madrid Street; thence leaving said Right of Way Page 13 of 16 line of New Madrid Street North 6°5228" East 10.00 feet; thence North 83°00'32" West 37.63 feet; thence North 6°5228" East 10.00 feet; thence North 83°00'32" West 30.00 feet; thence South 6152'28" West 10.00 feet; thence North 83°00'32" West 44.37 feet; thence South 6°52'28" West 10.00 feet to a point on the said Right of Way line of New Madrid Street; thence along said Right of Way line of New Madrid Street South 83000'32" East 112.00 feet to the point of beginning and containing 1,420 square feet; more or less. ARTICLE 32. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Rebecca P. Way conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF LOT 7, BLOCK NO.5 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUN'T'Y, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the northeast corner of lot 7, block No. 5, said point being at the intersection of the south Right of Way line of New Madrid Street and the west Right of Way line of a 15 feet Alley; thence along said Right of Way line of a 15 feet Alley South 605228" West 10.00 feet; thence leaving said Right of Way line of a 15 feet Alley North 83°00'32" West 60.00 feet; thence North 6°52'28" East 10.00 feet; to a point on the south Right of Way line of New Madrid Street; thence along said Right of Way line of New Madrid Street South 83°00'32" East 60.00 feet; to the point of beginning and containing 600 square feet; more or less. ARTICLE 33. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by J Wendell and Wanda Lee Wyatt conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF BLOCK NO. 1 OF McLAUREN HEIGHTS SUBDIVISION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE C= AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the southwest corner of said Block No. 1, said point being the intersection of the east line of Illinois Avenue and the North line of New Madrid Street; thence along said east line of Illinois Avenue, North 6°59'28" East, 6.88 feet, to the point of beginning; thence continue along said east line, North 6°59'28" East, 50.25 feet; thence leaving said east line, North 49'12'02" East, 86.69 feet; thence North 6°59'28" East, 20.00 feet; thence South 83°00'32" East, 35.00 feet; thence South 06°5928" West, 20.00 feet; thence South 61°55'39" East, 102.53 feet; thence South 78°00'32" East, 286.16 feet; thence South 48°00'32" East, 55.09 feet, to a point on the North right of way line of New Madrid Street, said point being on the arc of a non -tangent curve being concave to the northwest, and having a radius of 40.00 feet; thence along the arc of said curve in a southwesterly direction 36.23 feet (the chord of said arc bears South 70°19'42" West, 35.01 feet); thence North 83043'22" West, 62.79 feet; thence leaving said right of way line, North 85°53'54" Page 14 of 16 j West, 24.54 feet; thence along the arc of a non -tangent curve being concave to the Northeast, having a radius of 470.00 feet, a distance of 47.08 feet (the chord of said arc bears North 80°47'56" West, 47.06 feet); thence North 77°5545" West, 49.87 feet; thence along the arc of a curve to the left having a radius of 530.00 feet, a distance of 53.09 feet; thence North 83°40'06" West, 163.17 feet; thence along the arc of a curve to the left having a radius of 330.00 feet, a distance of 43.20 feet; thence South 88°49'51" West, 45.05 feet, to the point of beginning and containing 34,811 square feet, EXCEPTING that part within the permanent easement containing an area of 1,551 square feet, LEAVING 33,260 square feet., more or less. ALSO: THAT PART OF LOTS NO. 12, 13, AND 14 IN BLOCK NO. 7 OF MONTICELLO ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at the Southeast corner of said Lot no. 14 of Block No. 7, said point being also the intersection of the North right of way line of New Madrid Street and the West right of way line of Illinois Avenue; thence with said North right of way line, North 83° 00'32" West, 180.00 feet, to a point on the East line of a 15' alley; thence with said East line, North 061 59'28" East, 10.00 feet; thence leaving said East line, South 83° 00'32" East, 180.00 feet, to the West right of way line of Illinois Avenue; thence with said West right of way line, South 08° 59'28" West, 10.00 feet, to the point of beginning and containing 1800 square feet, more or less. ARTICLE 34. The City of Cape Girardeau, Missouri hereby accepts a Permanent Storm Sewer Easement executed by J Wendell and Wanda Lee Wyatt conveying to the City of Cape Girardeau, Missouri an easement for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: THAT PART OF BLOCK NO. 1 OF McLAUREN HEIGHTS SUBDIVISION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the southwest corner of said Block No. 1, said point being the intersection of the east line of Illinois Avenue and the North line of New Madrid Street; thence along said east line of Illinois Avenue, North 6°5928" East, 6.88 feet; thence leaving said east line of Illinois Avenue, North 88°49'51" East, 45.05 feet; thence along the arc of a curve to the right, having a radius of 330.00 feet, a distance of 33.39 feet, to the point of beginning; thence North 06°02'18" East, 103.49 feet; thence South 83°57'42" East, 15.00 feet; thence South 06°02'18" West, 103.42 feet; thence North 83°40'06" West, 5.19 feet; thence along the arc of a curve to the left, having a radius of 330.00 feet, a distance of 9.81 feet, to the point of beginning and containing 1,551 square feet, more or less. ARTICLE 35. The City of Cape Girardeau, Missouri hereby accepts a General Warranty Deed executed by I Wendell and Wanda Lee Wyatt conveying to the City of Cape Girardeau, Page 15 of 16 Missouri property for the New Madrid Street Improvement Project, more particularly described as follows, to -wit: `J THAT PART OF BLOCK NO. 1 OF McLAUREN HEIGHTS SUBDIVISION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CTIY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at the southwest corner of said Block No. 1, said point being the intersection of the east line of Illinois Avenue and the North right of way line of New Madrid Street; thence along said right of way line of New Madrid Street, South 83°43'22" East, 425.14 feet; thence North 06'16'38" East, 6.14 feet; thence leaving said right of way line, North 85°53'34" West, 24.54 feet; thence along the arc of a non - tangent curve being concave to the northeast, having a radius of 470.00 feet, a distance of 47.08 feet (the chord of said arc bears North 80°47'56" West, 47.06 feet); thence North 77°5545" West, 49.87 feet; thence along the arc of a curve to the left having a radius of 530.00 feet, a distance of 53.09 feet; thence North 83°40'06" West, 163.17 feet; thence along the arc of a curve to the left, having a radius of 330.00 feet, a distance of 43.20 feet; thence South 88°49'51" West, 45.05 feet, to a point on the east right of way line of Illinois Avenue; thence with said east right of way line, South 6°59'28" West, 6.88 feet, to the point of beginning and containing 5,274 square feet more or less. ARTICLE 36. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF )2001. ATTEST: Gayle L. Conrad City Clerk Page 16 of 16 A.M. Spradling, III Mayor CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 55 Agenda March 5, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Ordinance Accepting Temporary Construction Easement for the widening of Rodney Street and Replacement of the Bridge over Cape LaCroix Creek, Being A Part of the Transportation Trust Fund Program As a part of the Transportation Trust Fund Program, money has been designated for the widening of Rodney Street from the end of concrete at the National Guard Armory to Hawthorn Road from a twenty-two foot width to a twenty-eight foot width, including the replacement of the bridge over Cape LaCroix Creek. Plans and specifications for this improvement have been prepared by Bowen Engineering & Surveying, Inc. At its March 6, 2000, session the City Council passed and approved Ordinance 2671 declaring it necessary to make these improvements and the Ordinance reaffirming the necessity to improve was passed on April 17, 2000. A public hearing was held on March 20, 2000. Prior to beginning construction of this improvement, the City must obtain any necessary easements providing permission and authority to enter upon privately owned property. Since all the improvement will be performed on City right-of-way, the only easement needed is a temporary construction easement from Jerry and Phyllis Schwab. It is therefor recommended that first reading consideration be given to an ordinance accepting a Temporary Construction Easement from Jerry and Phyllis Schwab providing the right, privilege, permission and authority to enter on certain lands specified in said Easement and terminating at the time said project is given final approval and acceptance by the City Council. Respectfully submitted, MAL/MGM/dc W� M A. Lester, P.E. ty Engineer Michael G. Miller City Manager .j — — — — — — — — — — — — — — �J -- AVM !O 1NOIb 701M.09 I— MUS ASNGOV AO INITOUNIO --------------------------- — — — — — — — — — — — — — ------ -------------'•'0'a ZI!, i 0 UL. a W� fffii.. 0,4 bd Q mO i /fa O`W9 L , — — 1— - >,a3n3s13 MlOnalMO 301■ Is / / -c__----- —— —"——— ——————————•-- ———- m / r / / y / / / 4 1 S / .r`� NI In ISY av 9NI I% / 6 mo� ?5 E al BILL NO. 2001-46 ORDINANCE NO. AN ORDINANCE ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FROM JERRY R. SCHWAB AND PHYLLIS J. SCHWAB, FOR THE WIDENING OF RODNEY STREET AND REPLACEMENT OF THE BRIDGE OVER CAPE LA CROIX CREEK 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 Temporary Construction Easement, executed by Jerry R. Schwab and Phyllis J. Schwab, husband and wife, conveying to the City of Cape Girardeau, Missouri, a Temporary Construction Easement for the widening of Rodney Street and replacement of the bridge over Cape LaCroix Creek, more particularly described as follows, to -wit: A part of Lots numbered one (1) , two ( 2 ) and three ( 3 ) in block numbered one (1) of Crites 3rd Addition to the City of Cape Girardeau, State of Missouri, as shown by plat recorded in Plat Book 10 at Page 2 in the land records of the County Recorder's Office, being more particularly described as follows: The east five (5) feet of said lots numbered one, two, and three; and the northerly sixty (60) feet of said lot number one. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF ATTEST: Gayle L. Conrad City Clerk , 20 A. M. Spradling, III, Mayor CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 57 Agenda March 5, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Record Plat of Ten Mile High Second Subdivision This Council agenda item provides for consideration of the record plat of Ten Mile High Second Subdivision, which is a minor subdivision. This is a three (3) lot subdivision which is located in the 300 block of Park Drive. This subdivision by David C. Epps will allow residential development at this location. This subdivision plat approved by the Planning and Zoning Commission at their meeting on February 13, 2001. The Commission also approved a variance regarding lot size for Lot 3 of this subdivision. The vote to approve the plat and the variance was 8 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 the record plat for Ten Mile High Second Subdivision. fN KBM/MGM/rlf --Kent M. submitted, of Planning Services Michael G. Miller City Manager February 14, 2001 Mr. Kent Bratton City Planner Planning Services, City of Cape Girardeau 401 Independence St. Cape Girardeau, MO 63702-0617 RE: Record Plat Review of Ten Mile High Subdivision Mr. Bratton: This letter is on behalf of Mr. David C. Epps, owner of the above referenced subdivision, to formally request a variance of the City's zoning in regards to lot IA► size per section 30-36. We are trying to accommodate existing parcels and 1 usage, and feel that the lots will be workable in this fashion, and that there will be no detriment to the City by issuance of this variance. If you have any questions about this matter, please contact me at your earliest convenience. ig Regards, Koehler Engineering & Land Surve ' c. Chris Koehler, PE, PLS — Professional Engineering & Land Surveying Services — JA-,�I-cj !!I, $ Ip, yid 3 B I y3' 'RR�µ, � HlEak pz co. Ro.'E°. DR. aJ LAKEWOOD III t. I I — T ST pP Caf 20 I p1T / I ,.�L� 1 l CAPE RD1ERRAPIN CAWEMLLS . JN A DR IN DR.�� BRIER �J L DRDR I BIENYWLE AYE. p W. POINT Syy o PRINCET DR POTS ENA SENA FAWN �Y PL. WS SRy F GE LN. SONNET a+. ATOGA AYE�1��Sg� SAR. \ DR. A "'"--' CBUNKER V 11A1 3g �g u DR $ OR. LEXINGTON BROOKSMR RD' AVE.\ JR LEXINGTON AVE. "FAIRWAY BLAX r NaC S� >FI <R; Ml� CRESTW fx W o ;EDEN dR. FERCUSON �i Qp Sr " COUTRY aF' /1 / DCR pry OLD OR, 6 / FOREST NEW 4o MECHAW OR WAY <19 TIMONSHERWOOD 3 g� oy. BROOK ; WW _ ONIAL DR. wdr IyL,�.N T P ,r 4P. BRENDA ?. NO 4 ¢ MAHY LN. o �1 'CLUB DR. SERTLINC OAKLEr po " r NILL RD. OR,S g ST, 43. DAME CT CAR St' MQ411" BERTLWG \\�`n $ OZARK STS �p z ADOWS MCK S"�,/ 011 C. f PfT p A€ i R MAPoEiMT�rw CT ST. CR. Fl GERALD gC( y `fk, ,w \ h RT lN. - ST R Q Z Oq i i' y }Lr='�' SYLVAN LXtEEN ADR. fYiYTJJ �+0 ? DR N / / G MARY ST. =L y TENNI., DR. t / lN. ERNA S y LAWANDA ffi WATH ANN �" _ ST o ROB( TS" RIIERCREST S{t- / STODDARD STODDAIiD Wt Ti. 3 CT. STODDARD � " 5T. F / 0 RECARDO DR. 51. A M. LOMBARpD b `ER �' y o �''--r.. �`.^ Jp{ SOH = ST. / DR. SCOTT ST SCOTT ST. '^ CIR. ME 1-✓N PE CA�UDREYESTI T N SHOW � NARY M/S959PP/ ST. CENTER $i. D OR. pR. M NEW ADRLD ST S DUNKUN r I3 Sr PEMI$CD7 6 GREEK 3i tj+ AMETHYST - rc ST. O ST /I KE77ERER Si. ¢ WOODLAND SEMO _/- GUK FIRST IT ANNA ST s RRTER a CECJUA S7. R ST. 6 De. UNIVERSITY -CR SGT CAMPUS ST / < ' WN AVE, —LAWN A� yfw � `�fY , 57. ORBROADWAY CHERRY HILL OR X{ SJ¢ . Q DR. ROCKWOOD " �' 115N F ' WALXER - ST. < <� 40�/ DR. �� < NORMAL TSN DR. � MILL , S Subject $T. IACEY $T. '�O;I Cy RENNLS AK. COLLEGE WA MINSHILL WASN G70N property / n BE59E ST. J'p i I Si. BESSIE i k z NOR IN ST LUCE m < 5 RIEMIS Vd.1CK PL " " ST. NORTH ST. Sr LUCE ST BE. Lu iE ST. W lu AI �' THEWS " NARMONY ST, WNIiENFjj Si. / II CCI \Q ` BROADWAY \ / u Sr ST. J 1 JS y TNEWS ' 0 Z .P' MERPoWE_�7i �' < YERPoWE/HER INDEpEN N I I J I WILLIAM � � � � � sr. MERPoNETMER SrST / LL l< O Y I " " sT. o• Ow GOOD HOPE Y $ ST. 3 N 1 f' # IAM S. $T / pN HE 0000 NOPE I Sr C � 5T. ST 57. OLgI ,� Rv HF.., MCWCAH .... 81 I I n e IL d 0 31 _ J -' o>ar�rn 8 uf7d0.r S T +•�$r7 •Ayf � 6 laoalyr, 8 E�7 1 s xggj }' Su�k �' Frye t C d 0 31 _ J -' o>ar�rn 8 uf7d0.r S T +•�$r7 •Ayf � 6 laoalyr, 8 E�7 V" BILL NO. _ 20oi-52 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF TEN MILE HIGH SECOND SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Ten Mile High Second Subdivision, all of Lots 4, 5, and 6 of B. C. Hardesty Subdivision, part of vacated Lorimier Street, and part of Lot No. 11 in Range "F", City and County of Cape Girardeau, Missouri, submitted by David C. Epps, bearing the certification of Wayne Koehler, a Registered Land Surveyor, dated February 23, 2001. ARTICLE 2. The City Clerk is hereby directed to sign the record plat with the date of Council approval and affix thereto the seal of the City of Cape Girardeau, Missouri. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF 20 ATTEST: Gayle L. Conrad City Clerk A. M. Spradling, III, Mayor CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 58 Agenda March 5, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Ordinance Amending Schedule C of Section 26-121 of the City Code, by Repealing a Portion of Ordinance MAN -1229 dated August 3, 1977, Establishing Stop Signs At the Intersection of Broadway and Clark Street in the City of Cape Girardeau, Missouri At its February 20, 2001 session, the City Council gave first reading consideration to the placement of four way traffic signals at the intersection of Clark and Broadway. With these signals in operation at this time, it is no longer necessary to have the stop signs on Clark Street at Broadway. It is requested that the Council give first reading consideration to an ordinance repealing article 78 of MAN -1229, dated August 3, 1977, which established stop signs on Clark at Broadway -facing north and south. f Respectfully submitted, Mar cl—A. Lester P.E. C'i Engineer Michael G. Miller City Manager MAL/MGM/dc w INTERSECTION IN QUESTION `/ C- Lj L.�.1 BR0ADWLY;-, , Q S *N, � I MARIA LDUISE LN, DR. N14 MApRiD VICINITY MAP CD LOCATION MAP FOR: LOCATION MAP BROADWAY AND CLARK INTERSECTION SIGNAL LIGHT BILL NO. 2nnl-53 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY REPEALING STOP SIGNS ON CLARK AND BROADWAY, 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: Clark at Broadway - facing north and south. [Man -1229; August 3, 19771 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 r) A. M. Spradling, III, Mayor , 20 . CITY OF CAPE GH ARDEAU, MISSOURI Office of the City Manager Council Letter No. 59 Agenda March 5, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Parking in the 700 Block of North Pacific A request has been received from Southeast Missouri State University and Mrs. Wendy Rust, both of whom are property owners in the 700 block of North Pacific Street, to change the city ordinances concerning parking in the 700 block of North Pacific It is their contention that the current ordinances do not prevent the congestion and safety concerns they were intended to address. The manner in which the street is now posted allows for evening and weekend parking. The University now has evening classes, special weekend classes and sponsors specialty camps on the weekends. Because of this, there is still a large amount of vehicular and pedestrian traffic in the area during the evening and on the weekend. This causes traffic problems and safety concerns for the following reasons. In this area two city streets converge, a private university drive begins, two parking lot entrances and one parking lot exit exist and there is a major pedestrian crosswalk from the Towers/Greek housing area. In addition, a semi -circular dive for Crisp Hall exists and the University shuttle buses use it. When cars are parked on North Pacific it is difficult for the shuttle buses to negotiate this drive. In researching this request, it was determined that there are several traffic ordinances affecting the parking restrictions along this area of Pacific Street. Some of the ordinances are conflicting in nature. To remedy this situation, it is proposed that all previous ordinances be repealed and a new ordinance enacted. The following actions are requested: • Amend Schedule F Section 26-247, by repealing Ordinance No. 925, dated 10/8/90 establishing a no parking zone on Pacific Street, East side, beginning at the Southeast comer of the intersection of Alta Vista Drive and Pacific Street Southward along the East curb line of Pacific Street, starting at a point 160 feet south of the intersection of Pacific and Alta Vista Drive, and extending Southward a distance of 27 feet. • Amend Schedule G of Section 26-249, by repealing Ordinance No. 898, dated 8/6/90 establishing a two hour parking on Normal Avenue, along both sides of the median, from Pack to Henderson, 6:00 A.M. to 4:00 P.m., Monday through Friday • Amend Schedule P of Section 248, by repealing Ordinance No. 431, dated 9/24/68 establishing a no parking zone between the hours of 8:00 A.M. and 4:00 P.M. Monday through Friday at the following location: Pacific Street starting at the South curb line of Alta Vista running south in a southerly direction along the east curb line of Pacific Street some 200 feet • Amend Schedule F Section 26-247, by establishing a No Parking Anytime Zone at the following location: Pacific Street, east side, beginning at the southeast comer of the intersection of Alta Vista Drive and North Pacific southward along the east curb a distance of 200 feet. The Cape Girardeau Police Department concurs that these ordinance changes would enhance the flow of traffic in this area and benefit the overall safety of the public. The City Traffic Engineer is in agreement. Respe tfully submitted, Mar. . Lester, P. . City nginee_ \\ ichael G. M City Manager MAL/RLH/MGM/dc cn CL as 02 7 V 0 nBILL NO. 2001-55 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247, SCHEDULE G OF SECTION 26-249, AND SCHEDULE P OF SECTION 26-248, OF THE CITY CODE, RELATING TO PARKING ON PACIFIC STREET BETWEEN NORMAL AVENUE AND ALTA VISTA 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 G of Section 26-249 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by repealing two hour parking in the City of Cape Girardeau, Missouri, at the following location: Pacific Street, between Normal Avenue and Alta Vista Drive, 6:00 A.M. to 4:00 P.M., Monday through Friday. [Ord. 898, August 6, 19901 ARTICLE 2. Schedule P of Section 26-248 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by repealing limited parking, between the hours of 8:00 A.M. and 4:00 P.M., Monday through Friday, in the City of Cape Girardeau, Missouri, at the following location: Pacific Street, starting at the south curb line of Alta Vista running south in a southerly direction along the east curb line of Pacific Street some two hundred (200) feet. [Man -431, September 24, 19691 ARTICLE 3. Schedule F of Section 26-247 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by repealing a no parking zone in the City of Cape Girardeau, Missouri, at the following location: Pacific Street, east side, beginning at the southeast corner of the intersection of Alta Vista Drive and Pacific Street southward along the east curb line of Pacific Street, starting at a point 160 feet south of the intersection of Pacific and Alta Vista Drive, and extending southward a distance of 27 feet. [Ord. 925, October 8, 19901 ARTICLE 4. 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 location: Pacific Street, east side, beginning at the southeast corner of the intersection of Alta Vista Drive and North Pacific southward along the east curb a distance of 200 feet. ARTICLE 5. This ordinance shall be in full force and effect v ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF ATTEST: Gayle L. Conrad City Clerk , 20-- A. 0 . A. M. Spradling, III, Mayor �J k] w 5E A CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 60 March 5, 2001 The Honorable Mayor, And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Resolution Authorizing the City Manager to Enter into An Agreement With Southeast Missouri State University for an Historic Structure Inventory The City's Historic Preservation Commission is requesting that the Ciiy Council authorize the City Manager to enter into an agreement with Southeast Missouri State University, through their Center for Regional History and Cultural Heritage, to continue the finalization of an inventory of historic structures. The survey will include properties within an area bounded by Morgan Oak Street on the south, Pacific Street on the West, Sprigg Street on the east and Bellevue Street on the north that were not previously inventoried in the 2000 Survey. An additional area included in the survey is bounded by Fountain Street on the east, William Street on the south, Independence Street on the north and Sprigg Street on the west and an additional block comprised of Themis Street on the north, Fountain on the west, Independence on the south and Lorimier on the east. The proposed agreement will provide for the photographic and report documentation of the results of the survey. The University has calculated the cost of the survey documentation, which includes film, development, copies and miscellaneous expenses, at an amount not to exceed $470.00. The Preservation Commission has this expenditure budgeted and approved the project at their meeting on February 21, 2001. The staff is recommending that the Council adopt the attached resolution authorizing the agreement as presented. KMB/MGM/bds ully Submitte Bratton of Planning Services Michael G. Miller City Manager BILL NO. 2001-44 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT SOUTHEAST MISSOURI STATE UNIVERSITY, FOR AN HISTORIC STRUCTURE INVENTORY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Southeast Missouri State University, for an historic structure inventory. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF ATTEST: W Gayle L. Conrad, City Clerk n , 20 . A. M. Spradling, III, Mayor Southeast ONE UNIVERSITY PLAZA • CAPE GIRARDEAU, MISSOURI 63701-4799 • (573) 651-2000 Missouri State University PROPOSAL Historic Resource Survey Proposed Project: To continue the historic resource survey of the historic neighborhoods of Cape Girardeau by Southeast Missouri Historic Preservation students by extending the survey area to the area bounded by Morgan Oak Street on the South, Pacific Street on the West, Sprigg Street on the East and Bellevue Street on the North. An additional area included in the survey district is bounded by Fountain Street on the East, William Street on the South, Independence Street on the North and Sprigg Street on the West and the block comprised of Themis Street on the South, Fountain on the West, Independence on the North and Lorimer on the East. The actual extent of the survey area will depend upon the number of students enrolled in the course and the number of houses on each block. In addition, if sufficient funds exist after the completion of this phase of the project, copies of revised forms from an earlier survey will be photocopied and made available to the Commission and the University Archives. Methodology: Under the direction of Dr. Steven J. Hoffman, the Legal and Economic Principles of Historic Preservation class (HP 588) at Southeast Missouri State University will prepare an inventory of historic buildings by means of an architectural survey of several blocks of this historic neighborhood. This will include preparing a photographic record of the buildings and completing Missouri Department of Natural Resources Historic Property Inventory Forms. Timeline: Work will begin on this project on January 31, 2001 with a completion date of July 30, 2001. Dissemination of Results: The City of Cape Girardeau will receive a complete copy of the project report, including copies of the individual property inventory forms. An additional copy of the report will be placed in the University Archives. The original materials will be held by Dr. Hoffman in the Department of History pending completion of the survey of the entire district, at which time they will be forwarded to the Historic Preservation Section of the Missouri Department of Natural Resources. Expenses: Total expenses will not exceed $470.00. This will include costs for black & white film, photographic development and contact prints, reproduction of survey reports and various miscellaneous expenses associated with the project such as reproduction of notices and survey forms, maps and incidental supplies. Proposed By: Steven J. Hoffman, Ph.D. Assistant Professor of History and Historic Preservation Southeast Missouri State University (573) 651-2808 V r) W Southeast ONE UNIVERSITY PLAZA • CAPE GIRARDEAU, MISSOURI 63701-4799 • (573) 651-2000 Missouri State University Letter of Agreement This agreement is hereby entered into by Southeast Missouri State University and the City of Cape Girardeau through its Historic Preservation Commission, on this day of 2001. Under the direction of Dr. Steven J. Hoffinan, the Legal and Economic Principles of Historic Preservation class (HP 588) at Southeast Missouri State University will prepare an inventory of historic buildings by means of an architectural survey of several blocks located in the following delineated survey area: The area bounded by Morgan Oak Street on the South, Pacific Street on the West, Sprigg Street on the East and Bellevue Street on the North. An additional area included in the survey district is bounded by Fountain Street on the East, William Street on the South, Independence Street on the North and Sprigg Street on the West and the block comprised of Themis Street on the South, Fountain on the West, Independence on the North and Lorimer on the East. The actual extent of the survey area will depend upon the number of students enrolled in the course and the number of buildings on each block. The project will include preparing a photographic record of the buildings and completing Missouri Department of Natural Resources Historic Property Inventory Forms. Work will begin on this project on January 31, 2001 with a target completion date of July 30, 2001. The City of Cape Girardeau will receive a complete copy of the project report, including copies of the individual property inventory forms. An additional copy of the report will be placed in the University Archives. The original materials will be held by Dr. Hoffman in the Department of History pending completion of the survey of the entire district, at which time they will be forwarded to the Historic Preservation Section of the Missouri Department of Natural Resources. It is further agreed that if sufficient funds remain after completion of the current survey district, copies of revised forms from an earlier survey will also be photocopied and bound copies presented to the Commission and the University Archives. Page 1 of 2 Page 2 of 2 The City of Cape Girardeau, via its agent the Historic Preservation Commission, hereby agrees to pay Southeast Missouri State University for project expenses as outlined below. Mr. John Schneider, Chair, Historic Preservation Commission, will be the contact person for this project and Mr. Michael Miller, Cape Girardeau City Manager, will be the signatory of this Agreement. Total expenses will not exceed $470.00. This will include costs for black & white film, photographic development and contact prints, reproduction of survey reports and various miscellaneous expenses associated with the project such as reproduction of notices and survey forms, maps and incidental supplies. For Southeast Missouri State University: Dr. Ivy Locke date Vice President for Business and Finance For the City of Cape Girardeau: Mr. Michael Miller date City Manager IN V v LAWANDA « 1 51000ARD S1MSY SI MMR(` m"L a RECARDO OR SCOTT IT ' CW `} SCOTT STlEN?{_V� �. OR G' IaMBARDO R . ')'L rAIRIANE DR. ST. 7 YISSIs9PPI ST Ic V/ E 9i- -.—To DR. CA P ST EVER ILL ` ST DpR^uE T YcDONAU) Sl. �.�• O' ;0 MEADOW IN. �COA'O t NEW MADRID IT k!� GREEN AMETHYST f,{O IR T SI 5' / t / cot III` DUNKIP! $T 9 : < OUT, $i�AD R E M - MARSHA t(,0.0. F y < LAND SEM' A NAY DR. n PEMISCOT WOOD CITY ? / 4 t g�' sT. DR. U �pMPUS YAsa+ ' ITRI �- R A� i g AETTERER DR. 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POPLAR IT / I 1 \ 11 \ CORPORATE COOPER dm COOPER ST Areas to be Su -vent -9 � N 1 � I 1 3 ✓, I 11 r PO 111 I I CITY OF CAPE GHURDEAU, MISSOURI Office of the City Manager Council Letter No. 61 Agenda March 5, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Resolution Authorizing Amendment No. 1 to the Agreement for Engineering Services, Southern Expressway Extension, Being A Part of the Transportation Trust Fund Program At its January 18, 2000, session, the City Council authorized the City Manager to Enter into an Agreement for Engineering Services for the design of Southern Expressway fi--o-rn South Kingshighway to Silver Springs Road, a part of the Transportation Trust Fund Program. This contract provided for the engineering services required for the construction of a 48 foot wide concrete street from the intersection of South Kingshighway and Southern Express west to Silver Springs Road. The proposed Amendment No. 1 provides for design of the intersection of Southern Expressway, Silver Springs Road, and Mt. Auburn Road and approximately 500 feet of pavement from existing Silver Springs Road west to the end of Mt. Auburn Road. Also included in the Amendment is the construction layout provided for Drury Southwest for the portion of Southern Expressway constructed with Mt. Auburn Road extension. The cost of this Amendment is $13,000.00. It is recommended that the City Council give approval to the Resolution authorizing the City Manager to enter into Amendment No. 1 with Strickland Engineering. kespec lly submitted, W 6Z,�� i P�` ark A. Lester, P.E. City Engineer j City Manager MAL/MGM/dc n w 59 Z 08 Z Z n BILL NO. .001-45 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO AN AGREEMENT FOR ENGINEERING SERVICES WITH STRICKLAND ENGINEERING, FOR THE SOUTHERN EXPRESSWAY EXTENSION FROM SOUTH KINGSHIGHWAY TO SILVER SPRINGS ROAD BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute Amendment No. 1 to an Agreement for Engineering Services dated February 13, 2000, with Strickland Engineering,_ for the Southern Expressway Extension from South Kingshighway to Silver Springs Road. A copy of said Amendment No. 1 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 AMENDMENT NO. 1 TO PROJECT SCOPE OF ENGINEERING SERVICES SOUTHERN EXPRESSWAY EXTENSION FROM SOUTH KINGSHIGHWAY TO SILVER SPRINGS ROAD WHEREAS, an Agreement for Engineering Services dated February 13, 2000, now exists and is full force between the City of Cape Girardeau, Missouri, hereinafter referred to as the CITY and Strickland Engineering, L.C., 626 West Main Street, Jackson, Missouri 63755, hereinafter referred to as the ENGINEER. WHEREAS, the Scope of Engineering Services for the Project as described in -the Agreement for Engineering Services dated February 13, 2000, is being expanded to include additional engineering services including field survey work, design engineering services, preparation of drawings and specifications, and construction layout as described in Attachment 1. WHEREAS, CITY has requested additional services and ENGINEER has provided the additional services to the CITY. WHEREAS, CITY agrees to pay ENGINEER for the additional services in accordance with Attachment 1. NOW THEREFORE, in consideration of the promises contained in the Agreement and Amendment No. 1, CITY and ENGINEER agree to amend the Agreement as stipulated in this Amendment No. 1. IN WITNESS WHEREOF, CITY and ENGINEER have executed this AMENDMENT NO. 1. CITY ENGINEER City of Cape Girardeau, Missouri Strickland ginee1ring, L. By B Michael G. Miller Thomas H. Strickland City Manager Resident Agent Date Date y/ z z o Page 1 of 2 ATTACHMENT 1 L SCOPE OF ENGINEERING SERVICES The additional scope of engineering services to be provided by the ENGINEER for the Amendment is as described below: The ENGINEER shall provide additional engineering services required for the design of the intersection of Southern Expressway, Silver Springs Road, and Mt. Auburn Road and approximately 500 feet of pavement from existing Silver Springs Road west to the end of Mt. Auburn Road extension. Stormwater drainage, Stormwater detention, and relocation of Silver Springs Road to a single point intersection with Southern Expressway are included in the design services. The engineering services shall include design phase services, limited right-of-way and easement acquisition assistance, and limited bid phase assistance. These services are as described in the Agreement. The ENGINEER shall provide construction layout for the additional pavemmnt from existing Silver Springs Road west to the end of Mt. Auburn Road extension being constructed by Drury Southwest, Inc., under separate agreement with the CITY. II FEES FOR ENGINEERING SERVICES The CITY shall reimburse the ENGINEER for the hours expended based upon the schedule of rates in Attachment A of the Agreement. For the services contained herein, the original contract amounts will be increased as follows: Original Contract $37,000 Amendment No. 1 $13,000 Total $50,000 All agreements regarding compensation specified in the Agreement remain in place. The services provided by the Amendment will not need to be separated out from the original contract for periodic payments or other purposes. Page 2 of 2 CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 62 Agenda March 5, 2001 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: SUBJECT. A Resolution Authorizing the Submission of an Application for Designation of the Cape Girardeau/Scott City Enterprise Zone for an Additional Seven Years to Expire December 3, 2008 This Resolution will authorize the submission of an application to extend the designation of the Cape Girardeau/Scott City Enterprise Zone for an additional seven years. While the Cape Girardeau Enterprise Zone, and our local tax abatement, is good for 25 years, or until December 4, 2011, the State tax credit certification is only good for 15 years, or until December 4, 2001. As a part of the recertification process, the State Department of Economic Development held a public hearing on the recertification on Tuesday, February 27, 2001. The State also needs resolutions from all the affected local governing bodies expressing support for the recertification of the Enterprise Zone. The recertification of the Enterprise Zone at this time only affects the seven (7) year extension of State tax benefits to eligible new businesses locating in the Enterprise Zone. During this recertification, the Enterprise Zone boundaries will be adjusted, which will affect local property tax benefits when the local Enterprise Zone district is recertified. A map showing the proposed new boundary lines of the Enterprise Zone is enclosed for your information. It is recommended that the Council adopt the attached Resolution authorizing the submission of an application for designation of the Cape Girardeau/Scott City Enterprise Zone for an additional seven years to expire December 3, 2008. fully Submitted, 44 - Writ M. Bratton i 'ty Planner Michael G. M City Manager Poch DAums 2/27/200 L V•� � mHIM well- -AiMan i.A al�li �y slowle - n t 1 <- Ro CDD (D $$dna ..a �. C CD o m m D (=D c (13 0) 5 Q 0 CD cD N � 0) r c V•� � mHIM well- -AiMan i.A al�li �y slowle - n t � I -Le rl tl IP GG sr J 1 Y I CD �9S (D ..a Q 0@ j C o m m D (=D c N 0 N � r C (D rn CO) � I -Le rl tl IP GG sr J BILL NO. 2001-48 RESOLUTION NO. 1 A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR DESIGNATION OF THE CAPE GIRARDEAU/SCOTT CITY ENTERPRISE ZONE FOR AN ADDITIONAL SEVEN YEARS TO EXPIRE DECEMBER 3, 2008 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: WHEREAS, the Cape Girardeau/Scott City Enterprise Zone provides tax benefits to industries providing employment for low and moderate income individuals; and WHEREAS, the State tax benefits are scheduled to expire this year; NOW, THEREFORE BE IT RESOLVED, that the City Council authorizes the City of Cape Girardeau to submit an application for designation of the Cape Girardeau/Scott City Enterprise Zone for an additional seven years to expire December 3, 2008. THEREFORE BE IT FURTHER RESOLVED, that this Reolution shall become effective upon its passage and adoption by the City Council. PASSED AND ADOPTED THIS DAY OF , 2001. ATTEST: Gayle L. Conrad City Clerk r) A.M. Spradling, III, Mayor CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 63 Agenda March 5, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Adoption of the Capital Improvements Program, Fiscal 2001-2006 Dear Mayor and Council Members: In accordance with the requirements of the City Charter, a public hearing regarding the 2001-2006 Capital Improvements Program was held on Tuesday, February 20, 2001, at 7:00 P.M, in the Council Chambers. The City Charter requires that the Capital Improvements Program be adopted on or before April 1, 2001. Attached for the Council's consideration is a resolution adopting the Capital Improvements program. It is recommended that the City{i cil proceed with this action. Restiectiully submitted, Michael G. Miller City Manager John R. Richbourg Finance Director ent M. Bratton Director of Planning Services M, MGM/JRR/KMB/rif nBILL NO. 2001-49 RESOLUTION NO. A RESOLUTION ADOPTING THE FISCAL 2001 - 2006 CAPITAL IMPROVEMENTS PROGRAM WHEREAS, Article VI, Section 6.04 of the Charter of the City of Cape Girardeau requires a Capital Improvements Program; and WHEREAS, the City Manager has presented a proposed Capital Improvements Program to the City Council; and WHEREAS, proper notice has been published concerning the availability for inspection of the proposed Capital Improvements Program and the time and place for a public hearing on the Capital Improvements Program; and WHEREAS, the City Council has held a pubLi..c hearing on the proposed Capital Improvements Program. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council hereby adopts the five-year Capital Improvements Program for fiscal 2001-2006, copies of which are on file in the office of the City Clerk. ARTICLE 2. The City Clerk is instructed to attach an executed copy of this resolution to a copy of the Capital Improvements Program for fiscal 2001-2006 and to retain such copy with the permanent records of the City. PASSED AND ADOPTED THIS DAY OF , 20 A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 64 Agenda March 5, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Resolution Authorizing a Contract for the Cape Woods Conservation Area, in the City of Cape Girardeau, MO - On February 15, 2001, bids were received for the Cape Woods Conservation Area Improvements within the City. This contract, which is a joint effort by the City and the Missouri Department of Conservation, includes the construction of a ten car parking lot with disability provisions at the north end of the area, a concrete access road/driveway, a concrete connecting trail from the parking area to the existing recreation trail, and an aggregate walk from Hopper Road to the existing trail. Six (6) bids were received, ranging in cost from $100,500.30 to $147,370.90. Nip Kelley Equipment Co Inc submitted the low bid of $100,500.30 which is below the Engineer's estimate of cost of $112,700.38. A resolution authorizing a contract with the low bidder, Nip Kelley Equipment Co. Inc, is attached for Council consideration and action. Respectfully submitted, � 0 Mark A. Lester, P.E. pity Engineer ichael G. 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A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NIP KELLEY EQUIPMENT CO, INC. FOR IMPROVEMENTS TO CAPE WOODS CONSERVATION AREA BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Nip Kelley Equipment Co., Inc., for improvements to Cape Woods Conservation Area. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF ATTEST: Gayle L. Conrad, City Clerk A. M. Spradling, III, Mayor 20-- A. 0 . CITY OF CAPE GIRARDEAU CAPE WOODS CONSERVATION AREA STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 20_ by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and _ Nip Kelley Equipment Co. Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The work to be performed under these Contract Documents consists. of several improvements to the Cape Woods Conservation Area that is located next to Osage Park. The improvements to be constructed include: a ten car parking lot with disability provisions at the north end of the area, a concrete access road/driveway, a concrete connecting trail from the parking area to the existing recreation trail, and an aggregate walk from Hopper Road to the existing trail, for the City of Cape Girardeau. Article 2. ENGINEER. The City Engineer or his designee is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The work will be substantially completed within Ninety (90) calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and competed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within One Hundred Five (105) days after the date when the Contract Times commence to run. A-1 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not competed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred and Fifty Dollars $ 250.00 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Hundred Fifty Dollars $ 150.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2 below: 4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for�"� each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. TOTAL OF ALL UNIT PRICES: One hundred thousand five hundred dollars and thirty cents-------- ($ 100,500.30 ) All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.8 of the General Conditions. As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. A-2 n 5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, andif the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. A-3 Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance_ and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.2 of the Supplementary Condition of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. A-4 n 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7.8 CONTRACTOR is aware that no second-tier subcontracting will be permitted. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages A-1 to A-7 inclusive). 8.2 Exhibits to this Agreement (pages BF -1 to BF -6, inclusive). 8.3 Performance, Payment, and other Bonds, identified as exhibits of pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55 , inclusive). 8.6 Supplementary Conditions (pages SCA to SC- 5, inclusive). 8.7 Specifications bearing the title Cape Woods Conservation Area. 8.8 Drawings. 8.9 Addenda numbers 1 to 1 , inclusive. and consisting 8.10 CONTRACTOR's Bid (pages BF -1 to BF -6 , inclusive) marked exhibit A . 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to inclusive). 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other A-5 documents amending, modifying or supplementing the Contract Documents pursuan�j to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. A-6 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on Agreement). OWNER City of Cape Girardeau Michael G. Miller, City Manager By: [CORPORATE SEAL] Attest Address forgiving notices 401 Independence Street Cape Girardeau, MO 63703 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. 59 , 20_ (which is the Effective Date of the CONTRACTOR Nip Kelley Equipment Co. Inc. [CORPORATE SEAL] Attest Address for giving notices 41 N. Sprigg Street Cape Girardeau, MO 63701 License No. Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) A-7 EXHIBIT A CITY OF CAPE GIRARDEAU CAPE WOODS CONSERVATION AREA BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The work to be performed under these Contract Documents consists of several improvements to the Cape Woods Conservation Area that is located next to Osage Park. The improvements to be constructed include a ten car parking lot with disability provisions at the north end of the area, a concrete access road/driveway, a concrete connecting trail from the parking area to the existing recreation trail, and an aggregate walk from Hopper Road to the existing trail, for the City of Cape Girardeau. THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE STREET CAPE GIRARDEAU,-MO 63703 1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an m agreement with OWNER in the forincluded in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for thirty-five days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: BIDDER has examined and carefully studied the Bidding Documents and the following Addenda, receipt of all which is hereby acknowledged: (UstAddenda by Addendum Number and Date) Addendum #1 January 31 001 n (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. (d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the determination set forth -in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which BIDDER is entitled to rely as provided in paragraph 4.2 of the General Conditions. -BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety ' precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations; tests, studies or data are necessary for the ' determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. (f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosy person, firm or corporation and is not submitted in conformity with any agreement or rules of any group association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): BF -3 n CAPE WOODS CONSERVATION AREA QUANTITIES UNIT PRICE BID NORTH DRIVE/ACCESS ROAD NO. ITEM UNIT EST. QTY. UNIT PRICE 1 GRADING SY 2 CLEARING AND GRUBBING AC 3 EARTH BORROW CY 4 CURB AND GUTTER REMOVAL L.F. 5 6" P.C.C. PAVEMENT SY 6 6" INTEGRAL CURB L.F. 7 4" TYPE V AGG. BASE SY 8 4" THICK CONCRETE SIDEWALK SY 9 ADJUST MANHOLE EA. 10 SEED AND STRAW AC NORTH PARKING LOT 'NO. ITEM 561.9 s [",90 0.12 $� 493.27 $ • DIS 54.24 $� 561.9 $ 604 $ 561.9 741.28 154 $ NO 1-$_,19-a- SY 0.14 $ ESTIMATED SUBTOTAL EST. PRICE $rfo $ $ q.Nl/,g UNIT EST. QTY. UNIT PRICE EST. PRICE 7—r r 1 GRADING SY 483.8 $� 2 CLEARING AND GRUBBING AC 0.1 $ (D. D� OD . 00 3 EARTH BORROW CY 741.28 $� 4 6" CONCRETE PAVEMENT SY 483.78 $--LLj-L 5 6" INTEGRAL CURB LF 57.5 6 4" TYPE I AGG. BASE SY 483.8 275 $_—� 7 STRIPING L.F. SF 3.5 $ Q , 0 8 SIGNAGE W/POSTS EA. 5 $-- 9 PARKING BLOCKS AC 0.12 $AULM 10 SEED AND STRAW RESTROOM FACILITIES NO. ITEM ESTIMATED SUBTOTAL UNIT EST. QTY. UNIT PRICE 1 RESTROOM FACILITY LS 1 $� 2 6" PVC SEWER PIPE L.F. 50 $_ 3 15"x6" WYE EA. 1 $� 4 1 1/4" COPPER WATER PIPE, TYPE L L.F. 26 $_ Addendum #I ESTIMATED SUBTOTAL Concrete Bid Page 1 EST. PRICE ESTIMATED SUBTOTAL $ A AGGREGATE WALK NO. ITEM UNIT EST. QTY. UNIT PRICE EST. PRICE 1 GRADING SY 167 $ 1.7ff - $ 2 6" GRADE "B" AGGREGATE WALK SY 167 $�D _ $ 8,3 5 ,.077 ESTIMATED SUBTOTAL $ % % 9 TOTAL BID FOR ALL SECTIONS This Addendum must be signed and attached to your bid submittal. $ Do 5a19, 30 Date V Addendum #1 Concrete Bid Page 2 NORTH CONNECTOR TRAIL NO. ITEM UNIT EST. QTY. UNIT PRICE EST. PRICE 1 GRADING SY 123.3 $ r- $ V15"7 2 CLEARING AND GRUBBING AC 0.03$1e 000.0 $ J&D .00 3 EARTH BORROW CY 180.19 $ bj, $ 4 6" P.P.C. PAVEMENT SY 123.3 $ 12,00 $ ;1-) 1,Q 5 4" TYPE V AGG. BASE SY 123.3 $ DI) $ , J 6 12" RCP L.F. 25 $-- $ 9,'!L0V 7 12" FLARED END SECTION EA. 2 $ $ �50 -D 8 SEED AND STRAW AC 0.04 $ 0/)/), j90 $ -= /a0 -00 ESTIMATED SUBTOTAL $ A AGGREGATE WALK NO. ITEM UNIT EST. QTY. UNIT PRICE EST. PRICE 1 GRADING SY 167 $ 1.7ff - $ 2 6" GRADE "B" AGGREGATE WALK SY 167 $�D _ $ 8,3 5 ,.077 ESTIMATED SUBTOTAL $ % % 9 TOTAL BID FOR ALL SECTIONS This Addendum must be signed and attached to your bid submittal. $ Do 5a19, 30 Date V Addendum #1 Concrete Bid Page 2 r n (In case of error in extension, the unit and lump sum prices under each Pay Item will be considered correct, and these sums when properly extended, shall constitute the Bid.) Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. BIDDER acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. 5. BIDDER agrees that the Work will be substantially complete within Nine 90 calendar days after the date when the Contract Times commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within One Hundred Five (105) calendar days after the date when the Contract Times commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of bid bond or cashiers check (b) Required BIDDER'S Qualification Statement with supporting data. 7.Communications concerning this Bid shall be addressed to: Name Vince Kelley Address 41 North Sprigg St., Cape Girardeau, MO 63701 (a) Performance and Payment Bonding Company Address 1, :.�. �. .0 .... 2100 Fleur Drive, Des Moines, Iowa_ 50321 Agent\Power of Attorney Name (if used) Donald L. Wasoba Address 22 Avocado Cir., St. Peters, MO 63376 8. Terms used in the Bid which are defined in the General conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. SUBMITTED on February 15 .2001 State Contractor License No. 0010575 IF BIDDER is: An Individual By (SEAL) (Individual's Name) doing business as Business address: Phone No.: A Partnership (SEAL) By (Firm Name) (General Partner) Business address: Phone No.: A Corporation By Nip Kelley Equipment Co., Inc. (SEAL) (Corporation Name) Missouri (State of yncoTgration) By 1 ame of �icn4- EAL) to Sign) Jan Kelley (Title) ~'%,Hcy,: ' • � � - _ Off .COQ ��. (Secretary) Vince K ley Busiriss address: 41 North Sprigg St., Cape Girardeau MO 63701 RM AL Phone No.: ( 573) 334-0553 Date of Qualification to do business is A Joint Venture By (Name) ,(SEAL) (Address) By (SEAL) (Name) (Address) Phone Number and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) n BID BOND Eall i en t�oma3IIY , �" - 41 N. Spriact _ Street -- — — CaM Girardeau, Missouri 63701 WN QKTm February. 15, 2001 Cape Woods QOtlSenidt i Area tttMA2000184 – 23 pI - L (Not Mr Mo 8(d Dds Oak --�— , „ Five Penoeut of the Amovbt Bid l . w4w..+rlr�.w�� AMS rrr�ra.�.r�•�w�.rr�++i-- Nwrt�swr�q+; �►�+aane� �a�►do�a aa+�c txttod�rtmrrrop�ie�ed ona,. ntde Maw, ab tatett aiwftdtls Wd 6ad b fN dcdy► f�lyd on 8,t edaY by It. «ut►otlt�dat8a� t�ttt, aP , � � � � Y. ._ _ . - . ,,.rest �, •.i/;� sNEW OJRETY fY.r�• NIP 13 LLBY LNW BOMMG COIF n; �IQdw'� P1� 801 8w�'a Nates end t�oe�Onitr $eal " �•� ' � > � r OY: vim- or. c-.% ....• Stpneeuwatwvml IM{Mrat1�•i1M Donal '4falm ,� 10 Witness: rowAttorne–in -;- ^✓,: _ (`t�,, sQdfneaals tt� tp hi Wed iDf lsQt� notice. . C a1,:r/1i�/ �tIQ11ltt' "wactmto Ndit omor of otKar pir1Y ihrictsa omaidemd ptut�d whets GfCDD Ntk :9f 0,O-* fidFtiOt¢ I'- BWder orad bbaaty, joint$► and scvett4, bind *mn- salves, "M* heist. wwmtws, .!I watrstacs, aw000e- " and asttmts to pay to Owsw upas deftAk of Bidder tho paw mm fatfoth an tm tiros atdsie BOad. L Debat of RkMw " otxttr epos the raft* of BkkWr to 4dim wfdnin do Baas gm phc by ON 8iddI+8 Dkowascrts ttss atetmsed AgratCH t tytr. by tbs Dili f DDocmneatts MW My gatlbcrtzs M arae paytatut boots rowdW by tit RW dit DamrAclu md Coatraci DncOO,,Bs, I Ttas obt#aadm IJW 0"and void tt; 3.1. Owns► accepts $iddoes bid acct! 3Wdfir dotiv- ars wisps tbt tim rwotttad 6Y rise BNdesj Dom to aay, cta 'tad to in rrticisss by Oti►ata} t{w Hcfoaltd httt. r *kcd by do W*4 Dooemwh and mw Pw tawm 04 pWIsoa! boats• t+sq" by the SIOMM4 00ecetnotste taad Ooswtct Dow - or 33. AN bkh ars tby Oww, of 3.3. Owtatrthitatpistaea.Mft*oC9Md en DMder whirls tiro rima agao m k%, k**. ou (or any o gsaao s* DQCjt toim wcftg by pidiat std. KapPiiosbis, doaIWO to by �y %tett f"" by, P"AgrepS S A. t Mdw rias Dwd v& be tits atsd p@Vh4 4m d43A of BAder and rr &a 30 Cak dar dogs tow by Bidder m d &slaty' of W*t" tabs of *oM Owas4 v4" -mike wM be EGvets wM fumwbk AtmPwIs► ids this 8oad twd Ow pfcdo l ted a ssa omm of ttt et w at Dim. $• &wety wafres MGM a[ wA say and off det'appee bond on or MAO of wase �� Oww and Bidden; wowwa stat tin time for bs f awa of w4wdsxtateiaty s rot int tits a�repdc w t L� ftm Bid Dtto Dw oo Withal 3tsroty's 6. Na tuft or action " be commemd under tMf. Bwtd Phar to 30 egandw daps atter the Gait of E*W artd &my, u thin ym after Bid Due pate. 7. Any not or sClatr wider thb Botnd sbsli bo Om. atm ced only is a c"m of cvettpstent jWstSatien 6. catod in the state fa %tkb Oto pn*d it bca W. S. Notice mqut W hamuwhr shat be in wrkk _: ftm b Bwks r rind Smty atiter► t+mapoctive adc • shown a ttsa hoe of thk BOWL xucb tsOtiots tr: on by M deHvm, c cemrie:- - UOW dbdaa Rnfaterod or C MW htni. taco' b be a$btBvo upon receipt by On putty raa P. 3w4I dM lanae to be aaaAW to Us Bx • ��Q+�l4Ccttvep'a�xasoiAttaevt�icci�: &*hatfty of the oto som or rvspcasemdve - excc taddtfs Bord on betselfat'Sw*ty b wwasua.: OW d*Nv" strep New d sad bard tts'Smuy tbm 10. T6ts lictsd k to cat ty to aA appy tdMwy raphumu• htv' wpk" tis:` m►y *p$k%b% mala tram batt beat ost IM tiro:► Sand sisa be doe W to be kK tldad hath u tooth m WW66 NOW ptavt m of to Bold eotr wit► O! Wits Fart ofmsy qVff=bIs sty theta tits pro+rieiw aE stat statuo s#ssd! Sovant ease .r�adrrottbls 11#�d � k ratio ooeriBd, than short C60dme to M tbma and edfat. IL t*Wm' laid" ai =edhmI4 iswkidm a bid, t or ProposN a: spokaw Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under J the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Donald L. Wasoba Of SL Peters and State of Missouri its true and lawful Attomey4n-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver to its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWO MILLION ($2,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney -3n -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This power -of -Attorney Is made and executed pursuant to and by authority of the following Amended Substituted and Restated By - Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992. ARTICLE 11, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto. bonds and undertakings, reoognizanoes. contracts of Indemnity and other writings obligatory In the nature thereof. ARTICLE 11, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and -delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL)September 20these 00 presents to be signed by its President and Its corporate seal to be hereto affixed, this 12th day �G cps• Po9 ;°qy. :til= -o- o� y 1933 : c: t:N'ac. STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) ', 7 � `J President On this 12th day of September 1 2000 . before me appeared Lary Taylor, to me personally known, who being by me duly swum did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed In behalf of said Corporation by authority of Its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my official Seal at the City of Des Moines, Iowa, the day and year first above written. 0 ••yC MCC •' ;0 -k • J r 9� Notary Public, Polk County. Iowa • 1 IOWA i Off, '••......••'SSP � •. '9RIA1 STATE OF IOWA ••••....••'• COUNTY OF POLK ss. 1, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in force and effect. In Witness Whereof, I have hereunto set my handjand affixed the seal of the Company on this 15th day of Februq;""l�C)^(1L;, ••""• Nt- '��y. mob.. t• ��'• 1933 vC: MSC 0614 QM) 04 •`n .i ; :..J • �b�W •.1.�4�% • �"vas: utu:;�:��•, Secretary CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 65 Agenda March 5, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Resolution Authorizing a Contract for the 2000 Sidewalk Reconstruction Curb and Gutter Repair, A Part of the Transportation Trust Fund Program in the City of Cape Girardeau, MO On February 22, 2001, bids were received for the removal and reconstruction of 2,092 square yards of concrete sidewalks, repair of 100 lineal feet of curb and gutter, and installation of handicap ramps within the City. These improvements are a part of the Transportation Trust Fund program. Three (3) bids were received, ranging in cost from $90,459.00 to $119,757.00. Lappe Cement Finishing submitted the low bid of $90,459.00 which is below the Engineer's estimate of cost of $ 958882.00. A resolution authorizing a contract with the low bidder, Lappe Cement Finishing, is attached for Council consideration and action. Respectfully submitted, !Mark A. ester, P.E. y gineer Michael G. Miller City Manager MAUMGM/dc w 0 n 0 (0) A G}0 w a 2 U D 0 10to z Y of U- J w w W N W Z (o N W z � J W j a =_ W 0 CIO� Co o F - V w w Q tii ui jlj U CL Ix o fYi oma D w 10to 0 Y 0 U- J 0 W 0 W 0 (o 0 W 0 to U 0 W 0 m 0 w w Q U a CL Ix o ❑ o coo Q0p M o M ti o c(o IOn O 0V O m O - M � 0 r E O N Co N O r O N 0 O CO S r M "i z O CO tm N r N r N 01 2 co LL O F 69 69 N9 69 E/3 64 69 69 rn E+9 69 U w C"-) 69 V). 69 6% 69 Efl 69 69 Eli 69 LU W 0 ton, 0 O O O 0 O O O O w Q J> F' v v co N � Q rn r to o to to N tri N o LO o ti o M W co} � a ch r �- M Cl N 0 O 0 t0 O W o L O r o o 0 co a Ix U a N M Co O r gfsa 69 6F> 64 68 69 69 cs� 6-, It R 69 60. 64 64 69 64 61i 6M 69W) 0 LL O O o o O O o 0 0 D w 10to Y U- J z W W � (o U W 1�1 to U d W p m w W w w Q U a CL Ix c ❑ O LL O ti C) M M CL mN IOn co O m N - tl � r E 0 M N O � w 0 (D S O chow w O CO v N r N r N 01 Z F N co o: a o 0 0 rn U w C"-) 69 V). 69 6% 69 Efl 69 69 Eli 69 w O W 0 C 0 O w W W M to � Q O o O O O o O f- Q (� < Q ❑ F- w Z U ch r �- M Cl N 0 O 0 t0 O W o L O r o o 0 co Z co a U a N M Co O O 0 r r It R 69 60. 64 64 69 64 61i 6M 69W) LL 1-t In O o O O O O O o 0 LO NOOw CO O W) NcoV W) U m~ CCII CO M N v N tO o ao w U O N co N M r r M M 0 I a :D Q 60 69 611, 69 69 69 64 69 64 D w❑ w c� w to q LO Co o o 0 O 0 o 0 O 0 o 0 0 0 0 0 0 w F U O N N O- to M LO C� cLO o co W a (� j w a CO cc N It ti N a z a r Z v U 64 EA EA 69 b9 EA Q9. 69 EA 64 0 0 0 0 0 0 0 0 0 0 Q LO 0 0 0 0 0 0 0 0 0 F- to M Cl V L V v CO t0 � C U r N to r O co M N W r V) 64 64 69 to Eli vli Q% ER E+9 EA O O O OO O ci OO OO iO 0 I'D O CO Cl ON w 0 0 co m maO D w 10to Y U- J z W W � (o U W 1�1 to U d W p m w W U a U a CL Ix c ❑ LL O r co M 't CL mN IOn co O m - F Z � r E N M N Wal INI INI Ir O U O z ❑ z O co Ix w m J H O F - w Y Y � z co co � U O a_ to U d N U p m w W U a U a CL Ix c ❑ LL O a M CL mN co E m d F Z r E N M O U O z ❑ z O co Ix w m J H O F - w tj � D N co co � a C9 d p Q O° CL Ix m LL O a M CL mN co a N E a N O � w 0 S N m co N N N o: a o 0 0 rn 0 LL 05 > 0 C 0 � Q to co f- CO O O U O z ❑ z O co Ix w m J H O F - w D N � a C9 Q O° CL Ix m LL O a z 0 � a a S � w r) BILL NO. 200 -Rl n RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LAPPE CEMENT FINISHING, INC. FOR THE 2000 SIDEWALK RECONSTRUCTION AND CURB AND GUTTER REPAIR PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Lappe Cement Finishing, Inc., for the 2000 Sidewalk Reconstruction and Curb and Gutter Repair Project. 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 fl CITY OF CAPE GIRARDEAU 2000 SIDEWALK RECONSTRUCTION CURB & GUTTER REPAIR STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 20 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and Lappe Cement Finishing, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The work to be performed under these Contract Documents consists of the removal of approximately 2,050 square yards of concrete sidewalk, reconstruction of 2,092. square yards of concrete sidewalks, repair of 100 lineal feet of curb and gutter, installation of handicap ramps, and all other things necessary to complete the project as indicated herein or as directed by the Engineer, for the City of Cape Girardeau, Missouri. Article 2. ENGINEER. The City Engineer or his designee is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The work will be substantially completed within One Hundred Five (105 ) calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within One Hundred Twenty (120 ) days after the date when the Contract Times commence to run. A-1 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of th essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not competed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Dollars $ 200 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Hundred Fifty Dollars $150 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2 below: 4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. TOTAL OF ALL UNIT PRICES: Ninety thousand four hundred fifty-nine dollars and zero cents------------($ 90,459.00 ) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment 2, � recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by A-2 1 the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95%. of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". A-3 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and, data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and .furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms an conditions for performance and furnishing of the Work. A-4 Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages A-1 to A-7 inclusive). 8.2 Exhibits to this Agreement (pages BF -1 to BF -6 , inclusive). 8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting of pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55, inclusive). 8.6 Supplementary Conditions (pages SC -1 to SC- 5, inclusive). 8.7 Specifications bearing the title 2000 Sidewalk Reconstruction and Curb & Gutter Repair. r) 8.8 Drawings. 50 8.9 Addenda numbers to , inclusive. 8.10 CONTRACTOR'S Bid (pages BF -1 to BF -6 , inclusive) marked exhibit A . 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to _, inclusive). 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. A-5 Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party he without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part there with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on , 20 (which is the Effective Date of the Agreement). OWNER City of Cape Girardeau CONTRACTOR Lappe Cement Finishing, Inc. Michael G. Miller, City Manager [CORPORATE SEAL] Attest Address forgiving notices 401 Independence Street Cape Girardeau MO 63703 p , (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. W [CORPORATE SEAL] Attest Address for giving notices 8064 Highway B Perryville, MO 63775 License No. Agent for service of process: (if CONTRACTOR is corporation, attach evidence of authority to sign.) A-7 CITY OF CAPE GIRARDEAU 2000 SIDEWALK RECONSTRUCTION CURB & GUTTER REPAIR BID FORM (EJCDC 191048) (1990) PROJECT IDENTIFICATION: The work to be performed under these Contract Documents shall consist of the removal of approximately 2,050 square yards of concrete sidewalk, reconstruction of 2,092 square yards of concrete sidewalks, repair of 100 lineal feet of curb and gutter, installation of handcap ramps, and all other things necessary to complete the project as indicated heron or as directed by the Engineer, for the City of Cape Girardeau, Missouri. THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO 63103 1. The undersigned BIDDER proposes and agrees, if the Bid is acceded, to enter int agreement with OWNER in the form included in the Contract Documents to perform fumish all Work as specified or indicated in the Contract Documentsibr the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisenwt or Invitation to Bid and Instructions to Bidders, including without limitation those dealingwith the disposition of Bid security. This Bid will remain subject to acceptance for thirty -fire days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the .Agreement with the Bonds and other documents required by the 8dding Requirements within fifteen days after the date of OWNER'S notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set fork in the Agreement, that: BIDDER has examined and carefully studied the Bidding Documerk and the following Addenda, receipt of all which is hereby acknowledged: (List Addenda byAddendum Number and Date) BF -1 (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; (c) BIDDER is familiar with and Is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. (d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the determination set forth in paragraph SC -4.2 of the. Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which BIDDER is entitled to rely as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be -complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents withrespect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations,. tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. (f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER i� acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. BF -2 (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over _ any other Bidder or over OWNER. 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): NO ITEM 1. Remove 4" P.C.C. Sidewalk 2. Replace 4" P.C.C. Sidewalk 3. Remove and Replace Curb 4. Install Full Size Ramp 5. 7. 8. 9. 10 Install Single Size Ramp Remove and Replace 6" P.C.C. Alley Ramps Tree Removal up to 15" Dia. Tree Removal 1 G" to 24" Dia. Tree Removal 25" to 34" Dia. Tree Removal 35" Dia. and Larger UNIT PRICE BID UNIT SY SY LF EA EA SY EA EA EA EA EST. UNIT QTy. PRICE 2,092 $ 1 60 2,050 $ 6-C-0 - CO - 4 100 $ 3 4 $ 11 $ 6- 'PC. or 40 $ 26 er 1 $ -:� 75 En 16 $ 6-C-0 - CO - 4 $ 79e, Or 3 $ TOTAL EST. PRICE $ o.,;? 75 Cr. $ cc $ ,3iU �. co $ y 's -C. c0 TOTAL BID FOR ALL UNIT PRICES .......... $ %C, -/6`/. c--' (Written figure) BF -3 (Total bid amount is to be shown in both words and figures. In case of discrepancy, the amount shown in words will govem. In case of error in extension, the unit and lump sum prices under each Pay Item will be considered correct, and these sums when properly extended, shall constitute the Bid.) Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. BIDDER acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. 5. BIDDER agrees that the Work will be substantially complete within One Hundred Five 105 calendar days after the date when the Contract Times commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within One Hundred Twenty (120 ) calendar days after the date when the Contract Times commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of bid bond or cashiers check (b) Required BIDDER'S Qualification Statement with supporting data. 7. Communications concerning this Bid shall be addressed to: Name Address (a) Performance and Payment Bonding Company Address S Agent\Power of Attorney Name (if used) Address BF -4 c (0377 �s 15 7- �9Q` 8. Terms used in the Bid which are defined in the General conditions or Instructions v% have the meanings indicated in the General Conditions or Instructions. SUBMITTED on a 2,.2 —,200/. State Contractor License No. IF BIDDER is: An Individual By (SEAL) (Individual's Name) doing business as Business address: Phone No.: A Partnership By (SEA[ I (Firm Name) (General Partner) Business address: Phone No.: • Corporatloq By .117 " /- a, �- • •• • ��te of In rporation) By (Name o erson Authorized to Sign) (Title) �' `'' •( (Secretary) BF -5 Business address: rJ Phone No.: C-5 71) - 45 7z 3 Date of Qualification to do business is /97'5 A Joint Venture By (Name) (SEAL) (Address) By (SEAL) (Name) (Address) Phone Number and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) BF -6 Un UNUED FIM & CASUAL'1Y COMPANY ilg Second Avenue SB PO Hox 73909 Cedar Papids. Iowa 52407-3909 319.399-5700 (A Stock Company) DID BOND KNOW Au. BY Ttt�st PRL.Sr.NTS. that-t'aype Cement FinishingInc 6064 Hi .hWay Bz- Perr i11 a rt0 63775 as Principal, hereinafter called the Principal, and the UNIITD TIRE & CASUAI:1'Y COMPANY, a corporatlon duly organized under the laws of the State of IOWA, as Surety, harainaftor called the Surety, are held and firmly bound unto the City of Ca a Guar eau MO as Obligee, hereinafter called the Obligee r f�bj 5� o•cl amounct Dollars in the sunt of„_.__ - (S 5X , ), for the payment of which suns well and truly of a made, tho sai principal i P bynd the these res r Surety, bind ourselves, oar heirs, executors, administrators, successors and assigns, Jointly Y Y Y P 1 WHEREAS, the Principal has subiuitted a bid for 1001 Sidewalk atZd • Cab & Gutte a 11 r Now, TttelFFoits, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract will' tile Obligee in accordance with the tern's of such bid, and give such bund or bands as may be specified in the bI dingy o or t� a documents ari(in goal and sufticlent surety for the faithful performance of such contract and for the prom and material furnished In the prosecution thereof, or in the event of the failure of the Principal to enter >• ., , ,, such bond or bands, If the Principal shall pay to the Obligee the difference not to exceed the penalty hCt amounts specified in said bid and such larger amount for which the Obligee may in good faith contract 1 perform tpile work covemed l,y said bid, then this obligation shall be null and void, otherwise to r da of Februar ?�'.• v�� '�� Signed and seated this , __ ,_ 22nd y X,APPR CBMENT FINISHING, INc."//.'iir (Se Principal) (Witnau) Russell Lappe, de) •Pifesidenc tJNTTiiD F111E CASUALLY 190re-7 ' --is. BY C �.�s -Q p�-��-: '' t,• ', wu,an Priscilla Il. HuntefAtt, y ln•t�c�: r J 4 CONT 00010790 ' ;�' , , '`1 59 W ACKNOWLEDGMENT OF SURETY State of Missouri County of Cape Girardeau On this 22nd day of February , 2001. Personally appeared before me Priscilla B. Hunter who being duly sworn did depose at that helshe is the attorney-in-fact of the United Fire & Casualty Company of Cedar Rapids, Iowa, that the seal affixed to t attached instrument is the Corporate Seal of said Corporation, and that said instrument was signed and sealed on behalf of Corporation by authority of its Board of Directors and the said Priscilla B. Hunter aclmowledged that he/she executed said instrument as such attorney -in -fad and as the free act and deed of said Corporate UM -2031b �aPe Ele M qR o SEgL p �eraeau V OW r't,allo My �0mmission uE p n Notary Public UNITED FIRE & CASUALTY COMPANY HOME OFFICE CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existii under the laws of the State of Iowa, and having its Principal office in Cedar Rapids, State of Iowa, does make, constitute a appoint CHARLES W. DECKER, OR SHARON GLASCO, OR ALAN H. RAUSENBERGER, OR WILLIAM TALLMAN, CARBONDALE, IL, OR TODD A. WARD, OR NANCY STRAUSER OR PRISCILLA B. HUNTER, ALL INDIVIDUALLY of P 0 BOX 849 CARBONDALE IL 62903 its true and lawful Attorneys) -in -Fact with power and authority hereby conferred to sign, seal and execute in its behalf lawful bonds, undertakings and other obligatory instruments of similar nature as follows: ANY AND ALL BONDS and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney,_ pursuant to the author hereby given are: hereby ratified and :.confirmed. The Authority. hereby granted. shall expire DECEMBER 12th 2002 unless sooner revoked. This power:of Attorney is made. and executed. pursuant to and by authority of the following By -Law duly adopted by tf Board o . i3irectors of the. Company.. on April 18, 1973. "Article V - Surety Bonds and Undertakings." Section 2, Appointment of Attorney4n-Fact. 'The President or any Vice President, or any other officer of the Company, may, from time to time, appoint by written certificates attodj6"4n-tact to act In behalf of the Company In the execution of policies of Insuraom bonds, undertakings and,.other obligatory instruments of tike nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile WArly povrerof attorney or:special powor of attorney or certification of either authorized hereby such signature and seal, w hen so used beiey:adopted hy,the Corn as.tha orly1 1 signature cf such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and: affect as though_. in ually affbCed. Such attorneys4n4act, subject to the limitations set forth In their respective certificates of authodtythall have fulfpower to bind the;Gimpany by their signature and execution of any such Mstruments and to attach the seal of the Company 1Letatti.The AieslEent oi.:any Vice President; ...the Board of Directors or any other officer of the Company may at any time revoke all power and;authorffy pra><l0usly ghRlt to any attomey4n fact , IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these Present to 6e; signed by its assistant vice president and its corporate seal to be hereto affixed t �,t+r 12tH : day of DECEMBER AD 20013 '` tOtt4lAtE UNITED FERE & CASU !ALTY COMPANY sx�s. way By Assistant Vice esdent State of Iowa, County of Linn, ss; On this 12th day of: DECEthat he is �IER 2000• before me personally came JEFFREY A. GRAFIN to me known, who being by me u y sworn, did depose and say: that he resides in Cedar Rapids, State of Iowa; Assistant Vice President of: the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed t above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporal seal; that it was so affixed Pursuant to authority given by the Board of Directors of said corporation and that he signed name thereto Pursuant to like authority, and acknowledges same to be the act and deed of said cor ration. ec'' '' 4 SH&RY ,MCVAY otary rC MYCOMMISSIoN EXPIRES.20 0, Marich:a, MM CERTIFICATION commission expires MARCH 04 CERTIFICATION I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the forego copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in s Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are corn transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and now in full force and effect «tu,,,fIn testimony whereof I have hereunto subcribed my name and aff' ed the corporate seal of the s Company this 22nd day of February 2001 �COttOtiti :1CAL ."� UNITED FIRE & CASUALTY COMPANY UNITED LIFE INSURANCE COMPANY 118 SECOND AVENUE, S.E., P.O. BOX 73909 CEDAR RAPIDS, IOWA 52407 NOTICE TO MISSOURI SURETY BOND HOLDERS Should you have a questions about your bond or policy, please contact your insurance agent first. If you are unable to contact or obtain information from your agent, you may contact our company at address and phone number below: UNITED FIRE & CASUALTY COMPANY ATTENTION: BOND DEPARTMENT P.O. BOX 73909 CEDAR RAPIDS, IOWA 52407 1-800-343-9130 CITY OF CAPE GIRARDEAU Office of the City Manager - March 5, 2001 - The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Council Letter No. 66 Subject: Supplement No. 1 to Airway Facilities Systems Support Center Lease Dear Mayor and Council Members: The Federal Aviation Administration (FAA) currently leases space in the airport terminal for their Airway Facilities Systems Support Center. The FAA utilizes this space to headquarter their regional navigation maintenance personnel and to house our airfield navigation facilities monitoring equipment. In an effort to reduce costs, the FAA has requested a decrease in the amount of janitorial services provided by the airport maintenance personnel, as well as a slight decrease in the janitorial service area. Through negotiation, the airport has agreed to a fifty cents per foot per annum reduction in the service costs charged to the FAA. The reduction will decrease our total annual income by $898.12, however, will also reduce the amount of time our airport personnel will need to spend cleaning in this leasehold area. It is recommended that the City Council approve a resolution authorizing the City Manager to enter into the attached agreement with the Federal Aviation Administration, which is Supplement No. 1 to the Lease DTFA09-98-L-16202 at the Cape Girardeau Regional Airport. Respectfully submitted, Bruce W.)Loy Airport Manager Michael G. Miller City Manager r) BILL NO. 2001-54 n RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENT NO. 1 TO THE AIRWAY FACILITIES SYSTEMS SUPPORT CENTER LEASE, WITH THE FEDERAL AVIATION ADMINISTRATION, FOR AIRPORT MAINTENANCE, AT THE CAPE GIRARDEAU REGIONAL AIRPORT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU? MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute Supplement No. 1 for Contract No. DTFA09-98-L-16202, Airway Facilities Systems Support Center Lease, with the Federal Aviation Administration, for airport maintenance, at the Cape Girardeau Regional Airport. A copy of said Supplement No. 1 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 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION CENTRAL REGION CONTRACT SUPPLEMENT Supplement No. 1 To Contract No.DTFA09-98-L-16202 Dated October 1 1998 For SSC At Cape Girardeau, Missouri Lease Contract No. DTFA09-98-L-16202 is hereby amended as follows: 1. Reduce the janitorial services cleaning area from 1165 square feet, to 1079 square feet. This reduction in cleaning services removes the 86 square feet of storage space (formerly known as the Airport Operations Office) from the janitorial services cleaning schedule. 2. Implementation of Attachment "B-1 " "Amendment of Specification for Janitorial Services", (attached hereto and mac a part hereof), which reduces the frequency and type of janitorial services required under subject lease. 3. In consideration of reduction of square footage, and changes in the frequency and type of janitorial services required. Section C, Paragraph C2, of Attachment "A", "Cost of Services and Cost Breakout" slIall be amended to reduce the cos of "services" by fifty cents (.50) per foot, for the 1079 billable square feet. "Services" for fiscal year 2001 was $4.17 p foot, and now will be $3.67 per foot, or $3959.93 per annum. 4. Amend Attachment "A", paragraph A-7 to include parking for three Government vehicles within the restricted gate area, along with 24 hour electronic access to the restricted area for each vehicle. All other terms and conditions of Contract No. DTFA09-98-L-16202 shall remain the same. Supplement No. 1 shall become effective February 1, 2001. Executed this day of 19 t j V LESSOR: City of Cape Girardeau, Missouri By Title By UNITED STATES OF AMERICA Sally Chafa Title Real Estate Contracting Officer Fk Page 2 Supplement No. 1 Lease No. DTFA09-98-L-16202 CERTIFICATE OF AUTHORITY certify that I am the of the City of Cape Girardeau Missouri named in and which executed the foregoing supplement with the UNITED STATES OF AMERICA; that , who signed said supplement as of said City of Cape Girardeau has been duly authorized to execute said supplement on behalf of said City of Cape Girardeau; I know the signature of said ; and that the signature affixed is subject supplement is genuine. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Airport Authority of the City of Cape Girardeau, Missouri this (CORPORATE) ( SEAL ) 59 day of ,2001. V" ATTACHMENT "B1" AMENDMENT OF SPECIFICA TIONS FOR JANITORUL SERVICES LEASE NO. DTFA09-98-1,-16202 February 1, 2001 1. Daily Cleaning a. Sweep all non -carpeted floors with handbroom and clean around and behind all stationary fixtures. b. Empty wastebaskets and containers and dispose of trash. • Wipe out wastebaskets, provide liners in each waste receptacle. c. Wash and clean lavatory, fixtures and minor. Furnish and maintain supplies and service for soap container and paper towel dispenser. 2. Weekly Cleaning a. Dust surfaces of all office furniture and fixtures, including desktops and windowsill. b. Vacuum and spot clean. c. Clean and wet mop all tiled floors using soap or detergent. Remove all oil or tar, and buff floors. Damp wipe mop splashes and scuff marks from baseboards and from bases of equipment. 3. Monthly Cleaning a. Wash all wastebaskets. b. Wash painted walls as necessary to clean soiled spots. c. Damp wash desktops and all glass bookcases. 4. (Quarterly Cleaning a. Wash window inside and out. b. Dust and clean all spaces, except as defined in paragraph 1. (All spaces defined as anywhere that dust or dirt might collect.) c. Clean with a wet mop using soap or detergent; remove all oil or tar marks on all floor space not included in paragraph 2b. f 5. Annual Cleaning a. Shampoo Carpet. b. Clean or wash walls, including air conditioning outlets. c. Strip old wax from all floor space, rewax and buff. To be performed in conjunction with one of the quarterly cleanings scheduled. n n IeL Mo CITY OF CAPEGiRARDEAU 401 INDEPENDENCE — P O BOX 617 U ` CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 2-13-01 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from BLUE SUN INC dib/a BEL AIR located at 24 S SPANISH for a RETAIL LIQUOR BY THE DRINK license. Please complete inspection and return to the Finance Department. Referred to Police Department 2-13-01 Date Referred to City Inspector 2-13-01 Date Notice (sign) given to Applicant N/A for Council Meeting 3 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 CAPEGIRARDEAU V 401 INDEPENDENCE lu M_t� - 1 POBOX 617 I, U`T \ T CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 Applicant APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW BLUE SUN INC Managing Officer ROBERT GUARD Business Address 24 S SPANISH d/b/a. Type of Liquor License RETAIL LIQUOR BY THE DRINK Type of license in last 6 months SAME Approval f, !Ap licant by Po' e D me : Date �`t 0 Signatu BEL AIR Inspection Personnel: Zoning Classification C The applicant (is, GD required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant (h2s-,-husmr+) posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (is, 6 no ithin 200 feet of a church or school building. This structure,s, is not) zoned correctly as required under Chapte 0 of the City Code of Ordinances. / Date 2 -IC-01_Signature This liquor license was conditionally approved by the City Council at their meeting on LN r) n CITY OF CAPE GIRARDEAU POLICE DEPARTMENT LIQUOR ESTABLISHMENT A CTIVITY REPOR T NAME OF BUSINESS: BUSINESS ADDRESS: MANAGING OFFICER: DATE OF REVIEW. Bel Air 24 S. Spanish St Mr. Robert Guard February 21, 2001 SUMMARY OFACTIVITIES EFFECTING THE ESTABLISHMENT.• There is no criminal history for Mr. Guard. This application is for a new business using the same name as the prior establishment. There were two incidents at the above location requiring police intervention during the past twelve months. During this period the business was under different management. Stealing — 2 incidents. Richard L Hetw4 Chief of Police . S Lieutena t John R Davis, Auxiliary Services Division CGPD Form # 112 50 DRAFT Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session _ February 20, 2001 123 REGULAR SESSION — FEBRUARY 20, 2001 Council convened in regular session on Monday, February 20, 2001, at 7:00 P.M. with Mayor Albert M. Spradling III presiding and Council Members Richard Eggimann, Matt Hopkins, Tom Neumeyer, Jay Purcell, Frank Stoffregen and Hugh White present. The invocation was presented by Rev. Wes Wright of Mt. Auburn Christian Church, and the Pledge of Allegiance was recited. The minutes of the February 5, 2001, regular and executive sessions were approved upon Mr. Stoffregen's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. The agenda was adopted as distributed upon Mr. Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. This being the date set for a public hearing regarding the proposed Capital Improvements Program for fiscal years 2001-2006, the hearing was opened. There being no appearances, the hearing was closed. This being the date set for a public hearing regarding the city's submission of an application to the State of Missouri for the Community Development Block Grant Program for funding to support the Blair Industries Industrial Project, the hearing was opened. The Council discussed the proposed application with Mr. Mitch Robinson of the Cape Girardeau Area Industrial Recruitment Association during the Study Session held in the City Council Chambers prior to the regular meeting. There being no further appearances, the hearing was closed. Ms. Catherine Dunlap, Executive Director of Old Town Cape, appeared and presented the 2001 Action Plans developed by the Board of Directors of Old Town Cape. She reviewed a synopsis of what the Board is working on, including goals and objectives, and listed new programs for the upcoming year. Ms. Mandy Wagner appeared and requested the City Council delay condemnation actions on the old Marquette Hotel to allow more time to secure a buyer. She reviewed a feasibility study, suggested uses, costs for rehabilitation, options to fund the renovation, and possible cash flow from the hotel. She discussed three success stories from other hotels that have been renovated. Mr. Jeremy Wells appeared and stated that a marketing study is being distributed nationally to assist in finding a buyer for the hotel. He discussed estimated costs and benefits of renovation versus demolition. Mr. Thomas L. Meyer appeared and explained that although the hotel has been for sale for eight years, only in the last year has there been a concentrated study to preserve the building. With the restoration in downtown Cape, he stated that plans to renovate this structure need to be continued. Mr. Robert K. Sweeney, Business Representative for the International Union of Operating Engineers Local 2, appeared and expressed his disappointment in the city to appropriately meet and confer as outlined in the State Statutes. He and several Public Works employees met with management to discuss terms of employment for the employees, and the meeting lasted only seven minutes. He stated the Local has had a 30 year relationship with Southeast Missouri State University, and he requested the same cooperative relationship between the city and the union. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session Februarys 2001 12A_ The following bills were given second and third readings: BILL NO. 2001-14 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, REPEALING CERTAIN NO PARKING ON NORMAL AVENUE AND ESTABLISHING NEW NO PARKING ON NORMAL AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 2001-15 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF THE SOUTHEAST CORNER OF INTERSTATE 5.5 AND STATE HIGHWAY 74, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R -I TO C-2 BILL NO. 2001-16 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF THE NORTHEAST CORNER OF INTERSTATE 55 AND STATE HIGHWAY 74, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R -I TO C-2 BILL NO. 2001-17 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 2621, 2625 AND 2629 HOPPER ROAD, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO C-2 BILL NO. 2001-18 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MARILYN LANDEWEE AND MARY COTNER, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING ADDITIONAL LIVING QUARTERS AT 147 REAR SOUTH MINNESOTA AVENUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 2001-20 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM CHARLOTTE ANN SARGENT, MABETH MCCLUER BLACK, JULIE JO CANTRELL, FRANK P. CANTRELL, JR. AND KATHLEEN CANTRELL FOR THE SLOAN CREEK RELIEF SEWER PROJECT BILL NO. 2001-21 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM ARMSTRONG HERITAGE, INC. FOR THE EXTENSION OF THE MT. AUBURN SOUTH PROJECT BILL NO. 2001-22 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PERMANENT DRAINAGE EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CAPE MEADOWS CIRCLE STORM SEWER PROJECT BILL NO. 2001-23 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF WILLIAM STREET BETWEEN MAIN STREET AND SPRIGG STREET DRAFT Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 20, 2001 125 S316M BILL NO. 2001-25 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, FOR THE MAINTENANCE OF TRAFFIC SIGNALS AT THE INTERSECTION OF SPRIGG STREET AND MORGAN OAK STREET BILL NO. 2001-28 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-1.21 OF THE CITY CODE, BY PLACING STOP SIGNS ON HOPPER ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 2001-30 AN ORDINANCE VACATING THE CITY'S INTEREST IN A UTILITY EASEMENT IN BROOKSHIRE ESTATES FOURTH SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 2001-31 AN ORDINANCE AMENDING SCHEDULE K OF SECTION 26-121 OF THE CITY CODE, BY PLACING YIELD SIGNS ON SILVER SPRINGS ROAD AND ON GORDONVILLE ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 2001-32 AN ORDINANCE AMENDING SCHEDULE J OF SECTION 26-135 OF THE CITY CODE, ESTABLISHING A ONE-WAY ROUNDABOUT, AT GORDONVILLE ROAD AND SILVER SPRINGS ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 2001-33 AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE, ESTABLISHING SPEED LIMITS ON A ROUNDABOUT AT SILVER SPRINGS ROAD AND GORDONVILLE ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NOs. 2001-14, 2001-15, 2001-16, 2001-17, 2001-18, 2001-20, 2001-21, 2001-22, 2001-23, 2001-25, 2001-28, 2001-30, 2001-31, 2001-32 and 2001-33 were approved and the ordinances adopted upon Mr. Purcell's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-14 is ORDINANCE NO. 2836; BILL NO. 2001-15 is ORDINANCE NO. 2837; BILL NO. 2001-16 is ORDINANCE NO. 2838; BILL NO. 2001-17 is ORDINANCE NO. 2839; BILL NO. 2001-18 is ORDINANCE NO. 2840; BILL NO. 2001-20 is ORDINANCE NO. 2841; BILL NO. 2001-21 is ORDINANCE NO. 2842; BILL NO. 2001-22 is ORDINANCE NO. 2843; BILL NO. 2001-23 is ORDINANCE NO. 2844; BILL NO. 2001-25 is ORDINANCE NO. 2845; BILL NO. 2001-28 is ORDINANCE NO. 2846; BILL NO. 2001-30 is ORDINANCE NO. 2847; BILL NO. 2001-31 is ORDINANCE NO. 2848; BILL NO. 2001-32 is ORDINANCE NO. 2849; BILL NO. 2001-33 is ORDINANCE NO. 2850. BILL NO. 2001-19 was given first reading as follows: AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE CAPE ROCK DRIVE 20" WATER MAIN EXTENSION PROJECT The first reading of BILL NO. 2001-19 was approved upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. DRAF1 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 20, 2001 126 BILL NO. 2001-34 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF "TEN MILE HIGH" SUBDIVISION The first reading of BILL NO. 2001-34 was approved upon Mr. Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-35 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF ARNOLD FIRST TOWNHOUSES The first reading of BILL NO. 2001-35 was approved upon Mr. Purcell's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. Mayor Spradling abstained for financial reasons. BILL NO. 2001-38 was given first reading as follows: ORDINANCE AUTHORIZING THE CITY TO ENTER INTO A THIRD SUPPLEMENTAL LEASE AGREEMENT WITH THE CAPE GIRARDEAU (MISSOURI) PUBLIC FACILITIES AUTHORITY The first reading of BILL NO. 2001-38 was approved upon Mr. Purcell's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-39 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE H OF SECTION 26-126 OF THE CITY CODE, BY PLACING ELECTRIC TRAFFIC CONTROL SIGNALS AT BROADWAY AND CLARK AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 2001-39 was approved upon Mr. Eggimann's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-36 was presented as follows: A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING INTENT TO SEEK FUNDING THROUGH THE "COMMUNITY DEVELOPMENT BLOCK GRANT" PROGRAM FOR THE BLAIR INDUSTRIES INDUSTRIAL PROJECT AND AUTHORIZING THE CITY MANAGER TO PURSUE ACTIVITIES IN AN ATTEMPT TO SECURE FUNDING The reading of BILL NO. 2001-36 was approved and the resolution adopted upon Mr. Stoffregen's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. Mayor Spradling abstained for financial reasons. BILL NO. 2001-36 is RESOLUTION NO. 1643. DRAFT Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 20, 2001 127 11 BILL NO. 2001-37 was presented as follows: 11 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH ASCHINGER ELECTRIC, FOR THE INSTALLATION OF A STANDBY GENERATOR AND ASSOCIATED VAULT ELECTRICAL SERVICE MODIFICATIONS, AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 2001-37 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-37 is RESOLUTION NO. 1644. Mr. Rick Lambert, Mr. Robert Sumner, Mr. Peter Hirschberg and Mr. Andrew Chronister were appointed to the Cable Television Advisory Committee for terms expiring February 20, 2004, upon Mr. White's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mr. Ivan Irvin was appointed to the Board of Adjustment for a term expiring March 6, 2006, upon Mr. Stoffregen's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Ms. Ester Hartmann was appointed to the Public Library Board for a term expiring June 30, 2001, upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mr. Dale Kester was appointed to the University of Missouri Extension Council for a term expiring February 28, 2003, upon Mr. Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. A change in liquor license for Albertson's, 2026 Independence, Mark B. Lamont, Managing Officer, to original package liquor, Sunday sales and wine tasting was approved upon Mr. Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. The extension of the sanitary sewer system to serve Rosebr000k Apartments, located in the 1 100 block of Linden Street, Sewer District 13-C-1, was accepted into the city's system upon Mr. Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. The improvements completed under the Bloomfield Road Widening Project, Phase I, from Christine Street to Spring Avenue were accepted, the contract deadline was extended by 60 calendar days, and the final payment to Nip Kelley Equipment Company, Inc. was authorized upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Upon the request of Mr. Neumeyer, Police Chief Rick Hetzel gave an update on the condition of Police Officers Brad Moore and Keith May who were injured in a recent shooting in Cape. Vew— 'L FT i - Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February, 2001 128 L There being no further business, the Council adjourned upon Mr. Eggimann's motion, Mr. Purcell'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 0 AIRPORT BOARD MINUTES February 13, 2001 Airport Business Service Center Members Present: Harry Drummond, John Ferguson, Steve Robertson, Jim Trickey, J. Fred Waltz, Jim Withers Members Absent: Wm. Gerry Keene, III, Dan Overbey, Mark Seesing, Others Present: Bruce Loy, Airport Manager; Carol Peters, Administrative Secretary; Jayette Bo nski, Southeast Missourian ti I. MINUTES OF PREVIOUS MEETING Mr. Ferguson made a motion to approve the minutes of the January 9, 2001 M sk -'seconded the motion. The motion passed by unanimous vote. ig February 13, 2001 Page I of 2 V. NON AGENDA ITEMS FAA Visit - The Federal Aviation Administration is here this week for our annual certification inspection, a Runway Incursion Action Team (RIAT) meeting, and a WINGS Safety Meeting tonig Mr. Loy mentioned that the RIAT meeting was very informative and the FAA has been helpful sharing ideas for improvement at the Cape Girardeau Airport. Airport Position Statement - As a way of emphasizing;to`the gene importance of annually reaching 10,000 enplanement, Mr. Waltz re for the next meeting. Information in the statement should include: enplanement; what is our time frame for reaching the 10,000 enplal funds thus far; and what we can expect from future funding, if n meeting, would like to discuss the airport's strategic pian in referen Cape Avionics - Mr. Loy reported that two building propc construction of a new facility for them. They are looking into Air Evac Aviation. Air Evac Aviation is researching t c some of their aircraft to allow extra space in their cur ;& Master Plan Review Committee - Mr. Loy serve as the Airport Board's liaison on a com Mr. Mark Seesing has been an airport a� felt he would be the most knowledize . d VII. AD. There ad J. Fred :)r businesses, the epare a statement )n't reach 10,000 achieved with the the Board's next pe Avionics for the option presented by building for storing ird' )n endrepresentative to the of theV-aster plan. Since igh ter plefore, the board for sition rWM motion to adjourn, Mr. Trickey IN February 13, 2001 Page 2 of 2 MINUTES HISTORIC PRESER VATION COMMISSION City of Cape Girardeau PO Box 617 Cape Girardeau, MO 63702-0617 January 17, 2001 The Historic Preservation Commission held its regular monthly meeting on January 17, 2001 at 7:00 p.m. at City Hall, 401 Independence Street. Members Present: Bill Boswell, Danna Cotner, Felix Kinsley, Leeann Milde, Verna Nelson, Barbara Port, Dave Rutherford, John Schneider, Betty Voss Members Absent: Marj Thompson, Julie Kolb, The meeting was called to order at 7:04 p.m. by John Schneider, Chairman. Upon motion made, and with noted corrections, the minutes of the November 15, 2000, meeting was unanimously approved. Old Business: In discussion on the proposed conservation -zoning ordinance, the Commission discussed the ordinance review submitted by Eric Cunningham, City Attorney. Danna Cotner stated the she would be in Jefferson City the upcoming weekend and suggested that she deliver a copy of the ordinance, along with the City Attorney's comments, to Jo Ann Radetic, Certified Local Government Coordinator with the State Preservation Office, for her review. The Commission agreed and Cotner stated that she would hopefully have comments from the State ready for the next Commission meeting. Barbara Port reported the next three historic properties to be recognized with yard signs had been chosen. Port will present Certificates of Appreciation to the current owners of recognized properties when those signs are removed from the yards. City staff will prepare the certificates and Port will pick them up and present them to the property owners the upcoming week. Committee Reports: Barbara Port of the Education Committee reported that a speaker had been retained for Historic Preservation Week through the Missouri Humanities Council. This year's topic will be the Journey of Lewis and Clark through Native America. Port stated that the MINU'T'ES HISTORIC PRESERVATION COMMISSION January 17, 2001 Page 2. Committee Reports (cont.): speaker will be available on a Friday night only and that the Public Library, is closed on Friday nights. Port motioned that the Commission rent the meeting room at Centenary Methodist Church for $15.00 for the event. Felix Kinsley seconded the motion and the motion passed with a vote of 9-0 in favor. Port also reported that one of the requirements for a Missouri Humanities Council -funded event is that a non -for-profit organization must co-sponsor the event. Port has asked the Historic Association of Greater Cape Girardeau to be a co-sponsor and would also like for the Lewis and Clark Bicentennial Committee to co-sponsor the event. City staff submitted an up-to-date budget report to the Finance Committee. Dave Rutherford, Chairman of the Committee, questioned why the University submitted two invoices for surveys. Staff explained that the invoice for the 1998 survey was submitted to the City this year and therefore had to come out of the current Commission budget. The Landmarks Committee had no report. Publicity Coordinator, Danna Cotner, reported that the Red House project for the Lewis and Clark Bicentennial Celebration has received a lot of publicity in the newspaper. It was noted that the newspaper should also do an article on Cape Girardeau's first two approved National Register districts. It was also suggested that there be some publicity on the books the Commission donated to the public library last fall. LeeAnn Milde submitted eight copies of "River City Reflections" which were donated to the Traveling Trunk program by the Southeast Missourian. "River City Reflections" is a pictorial history of Cape Girardeau, published by the Southeast Missourian newspaper. Other Business: Terms will expire in April for Felix Kinsley, Danna Cotner, John Schneider and Julie Kolb. Kinsley stated that he intends to reapply. Staff Time: Mr. Mike Miller, City Manager, addressed the Commission and thanked the members for their work completed this past year. MINUTES HISTORIC PRESERVATION COMMISSION January 17, 2001 Page 3. Staff Time (cont.): Kent Bratton reported that he and other city staff members had met with Michael McNerney of American Resources Group. Bratton stated that McNerney, a local archeologist from Carbondale, IL, may be available for local projects, such as the Red House archeological dig, the Reynolds House stabilization plan or an assessment on the Ramsey/Armstrong cabin. McNerney is expected to submit a proposal and an estimate on the Armstrong property assessment. Bratton will keep the Commission updated on this potential project. Bratton reported that the City had been awarded a TEA -21 Grant for the river trail project and thinks that the University was also awarded a grant for the River Campus terraces project. The meeting adjourned at 8:50 p.m. The next regular meeting of the Historic Preservation Commission is scheduled for February 21, 2001. Respectfully Submitted, Felix Kinsley Secretary v FK/bds (DRAFT) CAPE GIRARDEAU PARKS AND RECREATION DEPARTMENT JAYCEE MUNICIPAL GOLF COURSE ADVISORY BOARD MEETING JANUARY 25, 2001 The Cape Girardeau Municipal Golf Course Advisory Board met at the A. C. Brase Arena Fairboard Conference Room on Thursday, January 25, 2000 at 12 noon. Present: Mike Hopen, Chairman Jackie Ahrens, Secretary Caryn Michel, Board Member Walt Wildman, Board Member Tom Higgins, Board Member Mike Leimer, Board Member James Banken, Board Member Absent: Ed Kaiser, Secretary Tom Meyer, Board Member Staff Present Dan Muser, Director of Parks & Recreation Sabrina Tate, Recreation Coordinator/Pro Shop Marcia Stone, Executive Secretary Chairman Mike Hopen opened the meeting of the Golf Course Advisory Board welcoming City Manager Michael G. Miller as our guest. GUEST City Manager Michael G. Miller was present for his annual visit with the board. He emphasized the value of the board's recommendations to the city and thanked them for their volunteer work to serve on the board. The City Manager was available for questions and answers from the board. APPROVAL OF MINUTES Chairman Mike Hopen requested approval of the December 14, 2000 minutes. Walt Wildman made a motion to approve the minutes with Mike Leimer's second. Motion passed. OLD BUSINESS A. Master Plan The Golf Course 15 -Year Master Plan was presented to the members. Director Muser explained that it was a portion of the citywide master plan that has recently been developed for the city's facilities and future growth. The irrigation system was discussed as a part of the master plan. Mr. Muser informed the members that a low-pressure pumping system was being investigated that could reduce the number of line failures. B. U.S.G.A. Report The U.S.G.A. Report was mailed to the board members prior to the meeting. The board discussed the recommendations on # 5 to re -configure and re-route the area. GOLF COURSE ADVISORY BOARD JANUARY 25, 2000 PAGE 2 NEW BUSINESS A. Sub -Committee Appointments The 2001 Sub -Committees will remain the same as 2000: Policies and Procedures Ed Kaiser Mike Leimer Walt Wildman Planning and Development Tom Meyer James Banken Tom Higgins Advertisement and Promotions Mike Hopen Jackie Ahrens Golf Course Development Caryn Michel Mike Hopen James Banken REPORTS A. Policies and Procedures No report. B. Planning and Development No report. C. Advertisement and Promotions No report. D. Golf Course Improvement The Golf Course Development Committee will look at cart path possibilities at #5 and make their recommendations to the board. OTHER BUSINESS The restroom remodeling at the Golf Course was completed by the staff and members were invited to look at the renovation project. The February meeting will be held on Thursday, February 15, 2001 at the A. C. Brase Fairboard Conference Room. There being no further business the meeting was adjourned by Walt Wildman and seconded by Caryn Michel. Motion passed. Respectfully submitted, Jackie Ahrens /� Secretary , / 7 v", W January 11, 2001 To the Honorable Mayor and Council Of the City of Cape Girardeau, Missouri Gentlemen: The Planning and Zoning Commission met Wednesday, January 10, 2001. By majority vote, actual vote counted and in the file, we act and/or recommend as follows: 1. That the request of D & D Cape Investments, L.P. to rezone a 6.4 acre tract at the northeast corner of Interstate 55 and Shawnee Parkway (State Highway 74) 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 9 in favor and none in opposition, with 1 abstention. There were no citizens present in opposition to this request. 2. That the request of D & D Cape Investments, L.P. to rezone an 18.17 acre tract at the southeast corner of Interstate 55 and Shawnee Parkway (State Highway 74) 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 9 in favor and none in opposition, with 1 abstention. There were no citizens present in opposition to this request. 3. That the request of Jeff Street, R. Keith Lamar, and T. Walter Stone to rezone 2621, 2625, and 2629 Hopper Road 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 10 in favor and none in opposition. There was one citizen present in opposition to this request. 4. That the request of Marilyn Landewee and Mary Cotner for a Special Use Permit for additional living quarters at 147 Rear South Minnesota Avenue in a C-1, Local Commercial District, be recommended for approval with the stipulation that all improvements meet current building codes. The vote on the motion to approve the request was 10 in favor and none in opposition. There were no citizens present in opposition to this request. 5. That the record plat of Wyandotte Acres Second Addition be approved. The vote on the motion to approve the plat was 10 in favor and none in opposition. There were no citizens present in opposition to this development. Honorable Mayor and Council Members January 11, 2001 Page 2 6. That the record plat of Carole Rhodes Subdivision be approved. The vote on the motion to approve the plat was 10 in favor and none in opposition. There were no citizens present in opposition to this development. 7. That the record plat of McDonald's Subdivision be approved, contingent upon the following: That a Development Agreement between the McDonald's parties and the City is executed and approved by the Council; that a petition for the vacation of Helena Street is submitted by McDonald's and First National Bank, a public hearing is held, and the street vacated by the Council; and that all new easements and right-of-way (for the cul- de-sac) necessary will be dedicated on the plat, or given to the City by separate instrument, prior to the final approval of the plat. The vote on the motion to approve the plat was 10 in favor and none in opposition. There were no citizens present in opposition to this development. The Commission also held a public hearing on proposed amendments to the Major Street Plan and the Future Land Use Plan. Three citizens appeared voicing concerns about the possible creation of a commercial area at the intersection of Lexington Avenue and North Sprigg Street. The Commission assured those in attendance that the Future Land Use Plan would not rezone the property, the owners would still need to make application and come before the Commission to make any changes to the zoning of the area, which is currently Single Family Residential. The Commission also held it's annual election of officers. The current slate of officers was elected for another one year term. The officers are as follows: Chairman — Charles O. Haubold; Vice -Chairman — Raymond G. Buhs; Secretary — Thomas J. Mogelnicki. In other actions, the Commission voted to change the date of their February meeting to Tuesday, February 13, 2000, at 7:00 P.M. All interested parties will be notified of this meeting date change. Respectfully submitted, Thomas J. Mogelnicki Secretary Present: Haubold, Buhs, Mogelnicki, Blank, Cox, Holshouser, McKinney, Rademaker, Smallwood, Westrich Absent: Rediger W February 14, 2001 DRAFT To the Honorable Mayor and Council Of the City of Cape Girardeau, Missouri Gentlemen: The Planning and Zoning Commission met Tuesday, February 13, 2001. By majority vote, actual vote counted and in the file, we act and/or recommend as follows: 1. That the request of David C. Epps to rezone 200 Bellevue Street and property at the dead end of Bellevue Street from R-4, Multiple Family Residential District, and M-2, Heavy Industrial District, to R4, Multiple 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 Daniel M. Drury, President, and James L. Drury, Chief Executive Officer, Midamerica Hotels Corporation, to rezone the northeast quadrant of Interstate 55 and Highway 34/61 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 1 abstention. There were no citizens present in opposition to this request. 3. That the request of Lionshead Investments, L.L.C. and Kinder and Maurer Developments, L.L.C. for a Special Use Permit for townhomes (condominiums) in the 2900 to 3000 block of Beavercreek Drive in an R4, Multiple Family Residential District, be recommended for approval. The vote on the motion to approve the request was 7 in favor and none in opposition, with 1 abstention. There were no citizens in opposition to this request. 4. That the record plat of Arnold First Townhouses be approved. The vote on the motion to approve the plat was 8 in favor and none in opposition. There were no citizens present in opposition to this development. 5. That the record plat of Ten Mile High Subdivision be approved. The vote on the motion to approve the plat was 8 in favor and none in opposition. There were no citizens present in opposition to this development. Honorable Mayor and Council Members February 14, 2001 Page 2 6. That the record plat of Ten Mile High Second Subdivision be approved, and that a variance to the lot size of Lot 3 of this subdivision be approved. The vote on the motion to approve the plat and the variance was 8 in favor and none in opposition. There were no citizens present in opposition to this development. 7. That the record plat of Martabra Subdivision be tabled until the March meeting. The vote on the motion to table the plat was 8 in favor and none in opposition. 8. That the resolution adopting the revised Major Street Plan be approved. The vote on the motion to approve the resolution was 8 in favor and none in opposition. 9. That the resolution adopting the revised Future Land Use Plan be approved. The vote on the motion to approve the resolution was 8 in favor and none in opposition. 10. That the amendment to the Zoning Ordinance, Section 30-37 (d) (1) relating to front yards be recommended for approval. The vote on the motion to approve the amendment was 8 in favor and none in opposition. Michael G. Miller, City Manager, made his annual visit to the Planning and Zoning t 1 Commission. He informed the Commission that they were an important part of City government, and thanked them for their work. The Commission had a presentation on the Future Facilities Plan and Parks and Recreation Master Plan. Mr. Miller introduced the plans to the Commission. Martha Brown, Technical Assistant began the presentation with a brief overview. Dan White, Fire Chief, presented the portion of the plan relating to the Fire Department needs. Ms. Brown discussed needs of the Police Department. Doug Leslie, Public Works Superintendent, reviewed the needs and plans for the Public Works Division. Dan Muser, Parks and Recreation Director, discussed the Master Plan developed by his department, along with the Park Board and the Golf Course Board. Respectfully submitted, Rebecca L. Figliolo Recording Secretary Present: Haubold, Blank, Holshouser, McKinney, Rademaker, Rediger, Smallwood, Westrich Absent: Buhs, Mogelnicki, Cox