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HomeMy WebLinkAboutCouncil.Agenda.08-06-2001.PacketCITY COUNCIL MEETING AGENDA August 6, 2001 Cape Girardeau, Missouri CITY OF CAPE GIRARDEAU, MISSOURI 401 Independence Street City Council Agenda Monday, August 6, 2001 7:00 p.m. Invocation - Rev. C. J. Campbell, Bethal Assembly of God Church Pledge of Allegiance Call to Order Roll Call Council Meeting Minutes — July 16, 2001, Regular and Closed Sessions Adoption of the Agenda Public Hearings A public hearing regarding the request of Bo and Dianne Shantz to rezone the north side of Lexington Avenue between Perryville Road and Steven Drive from R-1, single family residential district, to R-4, multiple family residential district. (Agenda Item No. 13, Bill No. 2001-154). Letter No. 199 Action 2. A public hearing regarding the request of Greater Missouri Builders, Inc. for a special use permit for a drive-in restaurant which will be located in a 12 -foot by 25 -foot portable building in the 2100 block of William Street (Town Plaza parking lot) in a C-2, general commercial district. (Agenda Item No. 14, Bill No. 2001-155). Letter No. 200 Action 3. A public hearing regarding the request of First Assembly of God Church of Cape Girardeau for a special use permit for a church and recreation complex and day care and learning centers in the 3700 block of Old Hopper Road. (Agenda Item No. 15, Bill No. 2001-156). Letter No. 201 Action A public hearing regarding the property tax rates proposed to be set by the City of Cape Girardeau for the fiscal year beginning July 1, 2001, and the real property tax rate proposed to be set for the Special Business District No. 2 for the fiscal year beginning July 1, 2001. (Agenda Item No. 23, Bill No. 2001-168). City Council Agenda Page 2 &Ugust 6, 2001 Action Letter No. Appearances 5. Appearance by Michael Shawn Cassidy regarding gun control. Letter No. 198 Action 6. Appearances before the Council on items listed on the agenda 7. Appearances before the Council on items not listed on the agenda City Council 8. Communications to be presented by members of the City Council 9. Communications to be presented by the City Manager or City Staff Consent Ordinances 10. BILL NO. 2001-149, an Ordinance accepting general warranty deeds and temporary construction easements from Drury Land Development Corp., Drury Development Corp., DSW Development Corp., Bluff City Beer Co., and Eugene and Marsha Holloway for the widening of Siemers Drive between Campster Drive and Bloomfield Road. Second and Third Readings. Letter No. 190 Action 11. BILL NO. 2001-151, an Ordinance accepting a temporary construction easement from Greater Cape Girardeau Area Benevolent Association to construct a rail spur in the Greater Cape Girardeau Area Industrial Park. Second and Third Readings. Action n Letter No. 191 City Council Agenda Page 3 ugust 6, 2001 12. BILL NO. 2001-152, an Ordinance approving the record plat of McDonald's Subdivision. Second and Third Readings. Action Letter No. 192 New Ordinances 13. BILL NO. 2001-154, an Ordinance amending Chapter 30 of the Code of Ordinances by changing the zoning of the north side of Lexington Avenue, between Perryville Road and Steven Drive, from R-1 to R-4. First Reading. Letter No. 199 Action 14. BILL NO. 2001-155, an Ordinance granting a special use permit to Greater Missouri Builders, Inc. and Tyson P. Zahner for purposes of constructing, maintaining and operating a drive-in restaurant in a 12 -foot by 28 -foot portable building in the 2100 block of William Street (Town Plaza parking lot). 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. 200 Action 15. BILL NO. 2001-156, an Ordinance granting a special use permit to First Assembly of God Church of Cape Girardeau for purposes of constructing, maintaining and operating a church and day care center in the 3700 block of Old Hopper Road. 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. 201 Action 16. BILL NO. 2001-159, an Ordinance accepting a general warranty deed and a quit claim deed from Randol Farms Development, Inc. for the Kent Drive project. First Reading. Letter No. 202 r) Action City Council Agenda Page 4 iugust 6, 2001 ( 17. BILL NO. 2001-160, an Ordinance accepting a general warranty deed, permanent easement and temporary construction easement from Charles L. Drury, Trustee of Charles L. Drury Revocable Trust dated March 6, 1989, for the Bloomfield Road H Project. First Reading. Letter No. 203 Action 18. BILL NO. 2001-161, an Ordinance amending Chapter 26 of the City Code relating to lowering the blood alcohol content level necessary for a conviction of driving with excessive blood alcohol content from .10 to .08. First Reading. Letter No. 204 Action 19. BILL NO. 2001-163, an Ordinance amending Chapter 5 of the City Code relating to possession or consumption of alcohol in public. First Reading. W Action Letter No. 205 20. BILL NO. 2001-164, an Ordinance amending Section 19-9 of the City Code relating to personnel policies, appeals and due process procedure. First Reading. Letter No. 206 Action 21. BILL NO. 2001-165, an Ordinance amending Schedule F of Section 26-247 of the City Code repealing and establishing no parking on Henderson Avenue. First Reading. Letter No. 207 Action 22. BILL NO. 2001-167, an Ordinance authorizing the City Manager to execute an agreement with the Missouri Highways and Transportation Commission for the installation of a traffic signal by others, to be maintained by the Commission. First Reading. n Action Letter No. 208 City Council Agenda Page 5 ugust 6, 2001 23. BILL NO. 2001-168, an Ordinance providing for the levying of the annual city revenue tax; library fund tax; public health tax; debt service fund tax; Special Business District No. 2 tax; for the fiscal year ending on the 301h day of June, 2002. First Reading. Letter No. 209 Action Resolutions 24. BILL NO. 2001-157, a Resolution authorizing the City Manager to execute a Local Records Preservation Grant Agreement with the Missouri Secretary of State.. Reading and Passage. Letter No. 210 Action 25. BILL NO. 2001-158, a Resolution authorizing the City Manager to execute an agreement with the Cape Girardeau Redevelopment Corporation.. Reading and Passage. Letter No. 211 Action 26. BILL NO. 2001-162, a Resolution authorizing an application for grant funding under the Historic Preservation Program of the Missouri Department of Natural Resources and execution of all necessary grant documents. Reading and Passage. Action Letter No. 212 Appointments 27. Appointment to the Cable Television Advisory Board. Letter No. 213 Action 28. Appointment to the Historic Preservation Commission. Letter No. 214 Action City Council Agenda Page 6 ugust 6, 2001 Liquor License 29. Conditional approval of a retail liquor by the drink license for Tamara Zellars Buck d/b/a The Phat Cat, 731 Broadway, Tamara Elaine Zellars Buck, Managing Officer. 30. Approval of a temporary 5% beer by the drink license for Kiwanis Club of Cape Girardeau for an event to be held September 7-8, 2001, at 905 Enterprise Drive (Minor's Harley Davidson), Joe H. Anders, Managing Officer. 31. Approval of a temporary 5% beer by the drink license for Fred Higdon, d/b/a Semo District Fair Association for an event to be held September 6-8, 2001, Fred Higdon, Managing Officer. Beer stands will be located in Arena Park at the following locations: #1 southeast of the Arena Building, #2 southwest of the Arena Building, #3 northwest of the Arena Building, and #4 northeast of the Arena Building. 32. Approval of a temporary 5% beer by the drink license for Fred Higdon, d/b/a Semo District Fair Association for an event to be held September 9-15, 2001, Fred Higdon, Managing Officer. Beer stands will be located in Arena Park at the following locations: #1 southeast of the Arena Building, #2 southwest of the Arena Building, #3 northwest of the Arena Building, and #4 northeast of the Arena Building. e) Other 33. Other business. 34. Adjournment of the City Council. ************ The City Council of the City of Cape Girardeau, Missouri, will hold a study session at City Hall, 401 Independence Street, on Monday, August 6, 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. Specifically, the City Council will hold a closed session to discuss confidential or privileged communications with its attorney and legal actions or litigation pursuant to RSMo. Section 610.021(1) . W [-a] 5� 61 CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 199 Agenda August 6, 2001 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: SUBJECT: Request for Rezoning of the North Side of Lexington Avenue Between Perryville Road and Steven Drive This agenda item calls for the holding of an advertised public hearing on the request of Bo and Dianne Shantz to rezone the north side of Lexington Avenue between Perryville Road and Steven Drive from R-1, Single Family Residential District to R-4, Multiple Family Residential District. The Planning and Zoning Commission recommended approving this application at its meeting on July 11, 2001, by a vote of 8 in favor, and 1 in opposition. There was one citizen present with questions concerning this request. It is recommended that the Council hold the advertised public hearing. 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GYs .p VSL W. ERNA y ff ,y LAWANDA Ad WA ANN v PHEASANT(i TREE St i' /C� ST ST. STODDARD STODEARD M ST. 33 / 0p CT. sT. STODDARD HOPf "9� FAIRLANE DR F LOMBARpO RECARDp qt. PER 5T. "pp SER DR. OR, SNL , RUN n $ n flANCHITO OR AUDREY ST. STT ST. SCO n Si. STAG GONS ST. ~ ' RD. WWEADOW IN z /� / HOBIE H CIR. i PT. � UCT ALI) st Mlm�� si NEW MADRIp A r4, 4 OAKLNST DOGWOOD i Z g KDEUNE A{.E MARSHA TERWE HILL RD G ENNEW S I Si. BENN DR. S KAY DR. %a DUNKLM�i5 gm CAN AU DR. tifU� ' al. CNgpRrAFR AVE ffi � ` ST. mZ Yi GRI E '4 P� MARIAad LOUSE LN. �/ KET7ERER DRQREMISCOT � SST. g wOOOLAN rX W 3 i $ BO+ + NS QO' DR. cf ' Siq BORDEAU q a 3 RITTM ROSE DR. L' C 4`+ DR. CFCIUA ST. HILLCR al cpm + Y' � ST. ST WOODIAIM+ AZ 4� HEw DR. GyE } \ ASPEN u S RD ; ARENABROADWAY ; �I> CHERgRRr HILL Q aOCK D \ i5 DR. Ix sPRuq. ��*.E- �0 JArcEt PARK wAER ` r Da. S, . T DIL. eAPO ST. �. 1�iT NORMAL 1 Si SHCNANppM/ ff MMOSA pt 7 AY i LACEY 1`OJ1 T\ THEbT Si Qa S� . BEMY S7RIDGE . inS EIP IBE59E � ST. ST. S°a i COU_ ff DR. BESSIE < NILL V g fj w{MTENER i \ i SUSµ ? 3 , iT�LT15 ST. LUCE St< ,a3CK PL LYNN DR Q ' LUCE ST. \ CE i � TT(LRS N EI(CHANCE,7 ONY ST. qt. u` a"p 57. \ PROFESSN)f1Al Si 57. CT. Y PERCY OR $ 'A I L yq, S/iRPI �'i 1t� MYRA ff w Q CAW_ q Da. i� ST I LrtRbwETHER z dy CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Rezoning Recommended Action: That the request of Bo and Dianne Shantz to rezone the north side of Lexington Avenue, between Perryville Road and Steven Drive, from R-1, Single Family Residential District, to R-4, Multiple Family Residential District, be recommended for approval. Vote Count: Favor — 8 Oppose — 1 Abstain — 0 Date Recommendation Made: July 11, 2001 List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens in attendance at meeting: Bo Shantz — applicant; John Essner —1817 Meyer Drive Sekretary Rezoning CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For W Special Use Permit ❑ File No. /Dp& Address of Property NE er CornL� ;neon Ave. a Perrw;lle Rd• 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: City Pf 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: /�/ /X/ '11VA CityAttorney Date Y� eo CITY MANAGER REFERRAL TO PLANNING AND ZONING COMMISSION: City Manager, Michael G. Miller Date PLANNING SERVICES STAFF: 1. Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date Revised 4/21/1998 U City of Cape Girardeau, Missouri Application For Rezoning - X❑ OR Special Use Permit - ❑ o.ta;>�JseOnly Date Received in Planning Services Office: (o-8-01 By: SECTION A 1. Description of the project: REZONING FROM Rl TO R4 MULTI FAMILY 2. Street address of tract (or other location description): 2010 LEXINGTON AND PERRYVILLE 3. Names and addresses of all legal owners of tract: BO & dianne SHANTZ 2303 HUNTER"S LANE CAPE GIRARDEAU, MO 63701 4. Present zoning classification: R 1 5. Requested new zoning classification: R 4 6. Requested special use: 7. Person handling this application (name, address, phone number): BO & DIANNE SHANTZ (573)651-3325 2303 HUNTERTS LANE CAPE GIRARDEAU, MO 63701 8. If tract is to be transferred, name and address of intended owner: Page 2 9. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): Name Date Name Date - , & - . � �-!! Y, �-,, �,, , � - .c-- e SECTION B I . Legal description of tract: Please attach a copy of the latest deed to the property. R]ZrTION R 1. Legal description of tract: Part of usp survey no. 2198 part of s.e.quarter of section 24, township 31 north, range 13 east of the fifth principle meridian. Commence at the s.e. corner of section 24; north 85 degree 38' West along and with the South line of Section 24, a distance of 594.0 feet to the Southwest corner of Northfield, First Subdivision; thence continue North 84 degrees 41' West along and with said South line, a distance of 1146.39 feet for a place of beginning on the North right of way line of Lexington Avenue at 40 feet opposite and mean to station 69 + 29.40; thence Easterly along said riglit of way on a curve to the left having a radius of 555.0 feet, a distance of 17.11 feet (chord bears South 85 degrees 34' East, 17.11 feet); thence South 86 degrees 27' fast-, along said right of way, 317.9 feet; thence on a curve to the left having a radius of 20.00 feet-, a distance of 31.04 feet (chord bears North 49 degrees 05' East, 28.02 feet); thence North 4 degrees 37" East along the West right of way line of Steven Drive, 106.90 feet to the South line of Woodland Hills Subdivision; thence Nortli 83 degrees to 54' 48" West along the South line of'said Subdivision, 609.48 feet to the East right of way line of Perryville Road; thence along said right of way with the following: South 20 degrees 28' 21" West, 127.26 feet: thence South 26 degrees 41' East, 25.5 feet and South 55 degrees 32' East, 29.1 feet to said North right of way line of Lexington Avenue, thence South 84 degrees 41' East, 162.2 feet to the place of beginning, in the City and County of Cape Girardeau, Missouri. n Page 3 2. Attach to this application a scale plat of the tract, on an 8'/2 by 11 inch sheet of paper, showing the following: a. All boundary dimensions. b. All adjoining streets and alleys. C. All present improvements. d. All intended improvements. e. All adjoining and cornering property lines and references to all owners listed in Section C. f. Zoning classification of all adjoining and cornering property. SECTION C 1. List names and addresses of ALL adjoining landowners. Include land which corners on tract or which is across streets or alleys. ____ V" W" Ruth Norman P.O. Box 1689, Cape Girardeau Mo 63702 Ben & Glenda Bollinger 1813 Meyer Dr.,Cape Girardeau Shahrokh & Farzaneh Shafaie 2009 Stevens Dr. Cape William Stewart 2008 Stevens Dr. Cape Girardeau John & Jill Essner 1817 Meyer Dr. Cape Girardeau James & Linda Mittrucker 1821 Meyer Dr.Cape Girardeau Rebeeca Speight 1825 Meyer Dr. Cape Girardeau. ,.-,Alvin & Marilyn Mcferren 1829 Meyer Dr. Cape Girardeau i-- civ /Richard & Annette Trout 1980 Briarwood Cape Girardeau -Aharon Hoeller 1976 Briarwood Cape Girardeau ,/Scott & Lena Stovall 1972 Briarwood Cape Girardeau v Bill c, ho-tt 2009 Perryville Cape Girardeau Mo SS,XVL wits' -- 50 -: �3'" ",��� i� . , h 4 y 1,j t d `a )xtx�•"r� .�,•Zr�-t''.�' � `�� 3 ' . � � ' �'* Y, ,,�,,' 3 eF L ;1pI''j ) �� �+f°�f Mfr }`,�,ay�����_ < �s f# �•♦ • wYy',1 �~`�'4 .i: - c' �„ J.t`.i .t t •i• ...'Sjp'` yJ ��C � fad i .1 •. ."iin •.. 4\ �Y� ;.� ;�,''�_ 'n •_ *'� Y. fR i..�� •.�<� .� ,, u �'� i �.o.,ti \. .,� _ ."r i'..�p�5��'`l;M •i .F f:� �lri.� lyC ..4..rI ._r. 7.x :•�' § P,.�� {}� 9`:.c % :m . n r L �� - s.-,�Sn.G v-�2iq.� .'d,.a �•- s. �w� i. w t���$ .. a4.c!'�'1� .,' i3 My�;+'.. �, t� T�.jO ' �i..'f _ � S '�� l �• ��� � / 11'". 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Imo' / .P i5 KI ik �4 / ;rj• G ! � � Y S".' c y1 ,t•� _ � `�: ��;� .�, '" AFL Y iaY•�r ��s �lY' x� ��°'�� -_.� t; 3 r � • t f. �^ �� '� ':��".,, �-{`,3,� , `� his>y il. tY'r a ''- s ; a'S� � "c- ''ry� ""�.y bi� r T �.: % „gyp. �.t r �;Zy,� �'� "'; i' ��4a{*l'�zr � `'� z�r ;� !"'' •t r" t t -e{ 1 � .j""+"� 7•' ft''\\h13� ie Ya ��{ +i'�l_ ��`}' < <. "A �i} . c ..� </'j. ?S Y std*- •�.- is„''�. .•✓ fel -A i i-� i '•� y xy 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. DELUXE TOWNHOMES 2. If this is an application for a special use permit, state the limitations you offer to put on the permit relating to time period, tract ownership, size and design of improvements to be constructed. 3. Is a transfer of ownership of the tract dependent upon the approval of this application? 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. YES, 1998 & 2000 December, 1997 Planning and Zoning Commission approved a Special Use Permit for an insurance office on November 11, 1997. The City Council denied the request on December 1, 1997. July, 2000 Planning and Zoning Commission approved a Special Use Permit for an insurance office on May 10, 2000. The City Council denied the request on July 17, 2000. 39 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. I am trying to find a use for property. After plans for special use fell through, I have tried to sell property to reclaim my investment. I have not had anyone interested in it for single family residential use. I have talked with several parties that have expressed interest in it if rezoned to R4 multifamily. All parties have expressed a need in our community for deluxe 1-2-3 bedroom townhomes. Due to amount of traffic and other external pressures, I believe this would work and enhance that area and be a good use of that space. r) Revised 1055 x x .: a) x N (D rn E C_ f9 C C O p� N C Q 0 ai D) 'N m N CD M d a)I rN-E E >a) 2 C C C (0 .�. @ O O O R N d N N N 0 0 N M 7 7 O 29 CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 200 Agenda August 6, 2001 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: SUBJECT: Request for a Special Use Permit for a Drive-in Restaurant in the 2100 block of William Street (Town Plaza Parking Lot) This agenda item calls for the holding of an advertised public hearing on the request of Greater Missouri Builders, Inc. for a special use permit for a drive-in restaurant which will be located in a 12 -foot by 25 -foot portable building in the 2100 block of William Street (Town Plaza parking lot) in a C-2, General Commercial District. Certified copies of the following items are herewith presented as evidence in this public hearing for your consideration: in1. Section 30-39 "Special Use Regulations" from the City Code. 2. The Application for Special Use Permit. 3. The Application File. These items are attaached to this letter and are included in your agenda packet. The Planning and Zoning Commission recommended approving this application at its meeting on July 11, 2001, by a vote of 9 in favor and none in opposition, with the following stipulations: 1) the site plan will be made a part of the Special Use Permit, with the location of the facility being approved by the Planning and Engineering Divisions at the time of construction; 2) the new and existing structures shall comply with the BOCA Building codes and all other City ordinances; and 3) if the structure is removed, the foundation is to be removed and the parking lot restored to its original condition. There were no citizens present in opposition to the request. It is recommended that the Council hold the advertised public hearing. Attached for first reading consideration is an ordinance authorizing this Special Use Permit. ally Submitted, AJ� T1* Bratton /�xMichael G. M City Manager See. 30 -39. Spacial YN regulation. ZONING 43039 (a) Subject to the provisions of this section, the city council may by ordinance on its own motion or on application grant a special use permit for the special uses enumerated in this section many atricts as herein qualified from which the uses are otherwise prohibited by this chapter. The city council shall impose appropriate conditions and safeguards for the issuance of the special use permit, which may include a specified period of time for the permit, a limitation of the persons who may carry out such use, and limitations upon or requirements for the size or design of buildings and other improvements upon the property, all for the purpose of protecting the comprehensive plan and conserving and protecting property and prop- erty values in the neighborhood. (b) Applications for special use permits shall be made and processed in the same manner as provided in section 30-5 relating to applications for district changes. (1) The city council shall determine whether such building or use will: a. Substantially increase traffic haz- srds or congestion. b. Substantially increase fire hazards. c. Adversely affect the character of the neighborhood; or in respect to spe- cial use permit for dwelling pur- poses where required, be adversely affected by the character of the neighborhood. d. Adversely affect the general welfare of the community. c Overtax public utilities. I . Be in conflict wit], the comprehensive city plan. (2) If the council's finding is negative as to all the subject referred to in this subsection (b), the application may be granted; if af- firmative as to any subject, then such per- mit shall be denied. (e) Any proposed special use shall otherwise comply with all the regulations set forth in this chapter for the district in which such use is located, except that the city council may permit hospitals and institutions to exceed the height limitations of such district. W 13049 CAnt. GIIIMtDE U COOK c. No structures shall be erected o main on any portion of the lot except as provided for under item g. hereof d. No signs shall be erected on the park ing arca except as approved by the city council. e. Parking areas shall be used for park- ing patrons, private passenger vehi- cles only, and no charge shall be made for parking within such premises. f. The parking shall be set back in con- formity with the established or re- quired yards for residential uses and, where a parking area adjoins a dwell- ing use, it shall have a minimum side yard of ten (10) feet. I,, The parking area shall be suitably —ned or fenced, paved and drained, lighted and maintained free of debris. (21) Any "C" district use in an "R" district. (22) All uses for which special use permits are required by other sections of these regu la tions. (23) Buildings in excess of the height and story requirement set forth in section 30-36 for "R4" and "62" districts, provided side yards are increased in width one (1) foot for each foot of height that the building exceeds the height regulations of the district in which it is located up to a height of seventy-five (75) feet and thereafter no increase in side yards shall be required for any height in excess of seventy-five (75) feet. (24) Any "C" district use in a more restrictive 'C' district. (25) Mitiun housing under the following s: ed only in "R-3; "R-4" and 'C" areas; b. Only senior citizens, handicapped or disabled individuals would be permit- ted to rent, purchase or inhabit unit allowed under this chapter. c. A permanent sign, prominently dis- played, mud be placed on the building clearly labeling the structure as senior citizen housing, and also having there- upon the ordinance number establish- ing the st—ture as senior citizen hous- ing. (26) Reserved. (27) The manufacture of commercial cooking and catering equipment in "C-3" districts. (28) Recycling in "C-2," "C-3," "M-1" or 1.1-2' district, including salvage, processing and storage of paper and paper product; alu- minum cans and other metal containers; cloth, clothing and rags; plastics and rub- ber product; lumber or wood products; and glass. Provided, however, that all process- ing, treatment and handling of the above- described materials, other than loading and unloading from transport vehicles, shall be inside of a building and all storage of such materials shall be either inside of a build- ing or in closed transport trailers, in such a manner as not to create a nuisance by virtue of odor, vermin, emission, or dis- charge. Provided further that any process- ing of such materials shall not create a nuisance or health hazard by virtue of noise, odor, emission, discharge or byproduct. Loading and unloading of materials from transport vehicles shall be completed and the transport vehicles removed from the premises within twenty-four (24) hours of the receipt of a transport vehicle on the premises. Exclusions: a. No special use permit shall be required under this section for any person, com- peny, or firm engaged in recycling ac- tivity of it own products which are manufactured or sold on the premises when such recycling is done in support of the principal operation of that busi- ness. b. No special use permit will be required under the provisions of this section for recycling activity conducted by non- profit organizations for periods not ex- ceeding thirty (30) days in any "Ion - der year. (d) Special uses. (1) Public or private landing field, landing strip, helicopter lending pad, heliport or other landing area for all forms of aircraft; auto race track and drag strip. (2) Amusement park, but not within three hundred (300) feet of any'R" district. (3) Any general public building erected or used by any department of the city or county government, or a school district. Also, of- fices, warehouses, and other support build- ings for local unit of government and sub -state agencies, unless otherwise lo- cated within a zoning district which would allow, a commercial or institutional facility of the same nature as a use -by -right. (4) Cemetery, crematorium or mausoleum. (5) Church or other place of worship, or Sun- day school, in "R-1," "R-2; or "R-3" residen- tial district. (6) Circus or carnival grounds, but not within three hundred (300) feet of any "R" district. (7) Commercial, recreational, or amusement development for temporary or seasonal pe- riods. (8) IReseroed.l (91 Institution, college, or hospital provided that any hospital or institution permitted (It any 'R" district shall be located on a site of not leas than five (5) acres, shall not occupy more than forty (40) percent of the total lot area, and shall be setback from all yard line at least two (2) feet for each foot of building height. (10) Marina or dock. (13) Nursing home in "R' districts. (12) Office building of a civic, religious or char- itable organization, conducting activities primarily by mail and not handling mer- chandise or rendering services on the prem- ises, but only within the "124" district. (13) Privately operated community building or recreation field. (14) Public utilities. (15) Riding stable. (16) Radio or television broadcasting tower or station. (17) Residential uses as provided for in sections 30-28 (C-1 Districts) and 30-33 (M-1 Dis- tricts). (18) Travel trailer camp, in the "C-2,' "C-3" and "M" districts. No travel trailer may be used for any residential purpose either tran- siently or permanently unless located in a trailer camp or mobile home park. (19) The extraction of sand, gravel, and other raw materials requiring the removal of an overburden above the deposit, provided, however, any bulk storage of extracted ma- terial or overburden and any processing or extraction machinery or the open face of any cut shall be at least five hundred (500) feet from any residential structure, street, or place. (20) Parking lot on land in "R" district within three hundred (300) feet from the boundary of any "C" or "M" district, provided the following standards are met: a. Ingress and egress to such lot shall be from a street directly serving the com- mercial, business or industrial district. b. No business involving the repair or service of vehicles, or sale, or display thereof shall be conducted from or upon such parking areas. )965 ZONING c. A special use permit shall not be required under tills section for any agency of any state, county or other local government unit engaging in recycling activity for its internal op- eration purposes only and not for resale to the public for profit. (29) Residential or outpatient facilities for the treatment of alcohol or other drug abuse for not exceeding twenty (20) persons in "R-4" district, or for more than twenty (20) persons in "C" district, with the provision that no special use permit shall be issued for such a facility unless the applicant for such permit provides evi- dence that he has provided written noti- fication of the proposed placement of the facility to the owner or owners of property located within one hundred eighty-five (185) feet of the boundaries of the prop- erty on which the treatment facility is to be located. Further, the exterior appear- ance of the treatment facility shall re sociably conform to the exterior appear- ance of other buildings in the vicinity and a treatment facility shall not be located closer than three hundred seventy (370) feet to any other substance abuse facility. (30) Single or double -wide, manufactured home or manufactured business unit for office purposes only in "M-2" heavy industrial district. (31) Family day care homes for the care of more than six (6) children but not more than to (10) children in a residential zone. (32) Excursion gambling boat or floating gam- bling facility in any "C" or "M" district, or combination thereof, with the following provisions: a. Accessory uses directly connected, associated or linked with the opera- tion of en excursion gambling boat or floating facility shall be included with, and made a part of, any special use permit issued therefor and shall also be within a "C" or "M" district, or combination thereof. aaav N. 32 1966 1„g,I,N, g; 1967 Accessory uses associated with at excursion gambling boat or floating facility shall include the following. 1. Boat support facilities. 2. Docking or mooring facilities. 3. Employee support facilities. 4. Ground transportation facill ties. 5. Passenger ticketing and recep tion facilities. 6. Parking facilities. 7. Security facilities. 8. Signs, including those attache( to a building or other structure a boat or floating facility, a. otherwise placed on the prem ises constituting an excumiot gambling boat or floating facil ity site. Off-street parking. Off-street park ing and loading facilities shall b� provided as specified in section 30-3'. of this chapter, except that the rc quirement for off-street parking fo an excursion gambling boat or float ing facility and it accessory use shall be one and one-half(IV,) space for every two (2) passengers, base, on maximum occupancy, plus one ( I space per employee on the maximur shift. In addition, full-size bus park ing spaces shall be provided as n quired by the planning and tonin commission and city council. Site development plan. In applyin for a special use permit under chi section, the developer(s) shall sul mit a formal site plan for revicv which includes, but is not necessa: ily limited to the following: I. Maps and other graphics ind eating the boundaries of 0 development and all properti( to be included, indicatin whether such properties a' owned, leased, optioned, or pr, posed for such. CME GIRARDEAU CGDE 2. The locations and general acmes of all buildings, structures. park- ing lots and otter facilities com- prising the diewtopmcnt includ- ing data on aim, facilities, and occupancy limits of the planned excursion gambling Croat or float- ing facility, and accessory uses. 3. Evidence that the development contains sufficient land to pro- vide for any necessary or pro- posed land -side development and support facilities, includ- ing parking, and the develop ment includes sufficient river frontage to accommodate loca- tion and operation of the planned excursion gambling boat or floating facility. 4. An impact analysis including, but not limited to, expected ac- cess routrs, traffic volumes, peak hoursofoperation, needed road or street improvements and traf- fic controls necessary to accom- modate the proposed uses and traffic volumes, and plans for on-site security and disaster re- sponse. .. All building., and permanently moored structures shalFcomply with applicable standards of the city's building codes. Further, no occu- pancy permit for any accessory use set forth in this section shall be issued prior to the issuance of occu- pancy permits for all new land-based permanent structures proposed as a part of the development. The city council may, however, at its discre- tior, approve a temporary occupancy permit for any accessory use for a period of one (1) year if the required land-based structures are not earn pleted. (33) Mini -warehouse or self -storage ..its in "C-1" or "C-2" districts. (34) Parking garages: For enclosed or senri enclosed parking garages only, parking upp. N. 17 63049 space dimensions less than the minimum site required in this ordinance may be approved under a special use permit. A building/parking plan and documentary justification for a requested variation from the minimum standards must be submit- ted with any application hereunder. (35) Assembly and manufacture from pre fabricated parts of electronic and similar products in C-2 districts. (36) Single or double -wide, manufactured home or manufactured business units for tem- porary office purposes only during con- struction or remodeling of a main build- ing in 'M-1" light Industrial Districts. Any special use permit, if approved, will become effective only upon the issuance of a building permit for a main building. All such temporary office units shall be re- moved upon occupancy of the completed corstnretion or completion or abandon- ment of the construction work, whichever occurs first. (37) Double -wide manufactured homes (mo- bile homes) in "R-1; 'R-2,' "R-3,' or "R-4" districts, with the following provisions: a. The manufactured home shall be in compliance with Federal Manufac tured Home Construction and Safety Standards, adopted June 15, 1976, as amended, and Missouri Public Service Commission rules: b. The unit when complete shall have a minimum width of not less than twen- ty-four (24) foundation feet as moa- sured at all points perpendicular to the length of the manufactured home. which shall not be less than forty two (42) foundation feet. This start dard is intended to restrict units to the type which are brought to the site in parts, typically two (2) halves and at least one thousand tight (1,008) square feet minimum. c All wheels, springs, axlos, lights, and towing apparatus shall be removed. 1968 ('.Ant: CIRC RDEAU CODE U.1 or for resrdcnlial in Combination with shop ping center uses as sot forth in main. 3031. Thu development plan shall be referred tu the plan- ning and zoning commission for study and report. Approval shall be conditioned upon specific find- ings that the proposed community unit plan mcets the following conditions: (1) That the proposed development of any 'C-4' planned commercial district i eluded as a part of the plan complies with the regulations for those districts as set forth in section 30-31. (2) That the buildings, other than those lo- cated within a 'G4' district, located in the area shall be used only for one -family dwellings, two-family dwellings, or multi- ple dwellings and the usual accessory uses such as private or parking garages, storage space and for community activi- ties, including churches and schools. (3) That the average lot area per family con- tained in the site, exclusive of the area occupied by a 'C4' district or by streets, will not be less than the lot area per family required in the district in which the development is located. (4) That the area is adaptable to complete community development, being bounded by major thoroughfare, streets, "il- roads, or other ezternsI barriers, and in- sofar as possible without a major thor- oughfare extending through the project, or any other physical feature which would Lend to impair the neighborhood or com- munity cohesiveness. (5) That no more than twenty-five (25) per cent of the gross area of the project be devoted to a 'C4' district and that no more than fifty (50) percent of the gross area of the project located in • single- family district be devoted to multiple family dwellings. (6) not sufficient area is reserved for recre- ational and educational facilities to meet the needs of the anticipated population, or as designated in the comprehensive plan. (7) That prolxrty adjacent to area -11 eluded in the plan will not be adversel afrected and to this end, the city cuuncil may require, in the absence of any appro- priate physical barrier, that uses of least intensity or a buffer of open space or screening be arranged along the borders of the project. (8) That the plan is consistent with the intent and purposes of this chapter to promote public health, safety, morals, and general welfare. (f) If the city council approves the plans, build ing permits and certificates of occupancy may be issued, even though the use of the land and the location and height of buildings to be erected in the area and the yards and open space contem- plated by the plan do not conform in all respects to the district regulations of the district in which it is located. (g) An application for a special use permit under this section may be made and processed contemporaneously with a proposed amendment of the district in which such site lies. (h) A special use permit shall automatically expire upon the failure to develop the use of the land for which the special use permit has been issued if the use is not developed within twelve (12) months after the permit has been issued. (i) In the event the use of the land for which the special use permit has been issued is discon- tinued for a period of one (1) year, then the special use permit shall automatically expire. (Code 1967, ¢ 30-38; Ord. No. 660. 4 2. 2-1-89, Ord. No. 754, 4 1, 9-18-89; Ord. No. 793, Art. I. 12.18-89; Ord. No. 845, arts. 4. 5, 4-16-90; Ord No. 962, art. 3, 1-16-91; Ord. No. 1085, art. 1, 916-91; Ord. No. 1237, art. 3, 9-21-92; Ord. No. 1459, art. 2, 12-20.93; Ord. No. 1529, arts, 2, 3, 5-16.94; Ord. No. 1551, arts. 5, 6, 6-20-94; Ord. No. 1730, art. 2, 6-19-95; Ord. No. 1779, arts. 5, 6, 9-18-95; Ord. No. 1904, art. 1, 2-20-96; Ord. No. 2080, art. 1, 11-18.96; Ord. No. 2198, arts. 7, 8, 7.21.97; Ord. No. 2252, art. 2.10-20-97; Ord. No. 2259, art. 1, 10-20-97; Ord. No. 2487, art. 2, 2-16-99) ZONING The unit must be permanently in- stalled on a properly designed, en closed foundation system in accor- dance with the BOCA National Building Code. .. Orientation of the manufactured housing unit on the lot shall conform to the same orientation as the ma- jority of conventionally built struc- tures truttures in the immediate area (within three hundred (300) feet). Example: Front door to front lot line, rear door to rear lot line. r. Roof must be a gable or hip roof of at least three (3) in twelve (12) pitch or greater and covered with material that is residential in appearance, including, but not limited to ap- proved wood, asphalt composition or fiberglass shingles, but excluding cor- rutgated aluminum, cerrugated fiber- glass, or metal roofs; except for per- mitted deck areas, all roof structures shall provide an eave projection of no less than six (6) inches and no greater than thirty (30) inches. g. Exterior siding or covering shall be of a type, quality and appearance customarily used on conventionally built homes. h. The lot shall be provided with a hard surface (not earthen in nature) drive- way not less than nine (9) feet wide with side -yard parking sufficient for the placement of at least two (2) vehicles. i. A minimum of eighteen (18) inches of crawl space under the entire man- ufactured home shall be maintained. j. Permanent steps shall be sot at ell external exits with appropriate hand- rails and/or guard rails. k. The unit shall be served by a water supply and sewage disposal system in accordance with the International Plumbing Code, as currently adopted by the city. Sudo No 20 1969 f 30.39 1. The unit shall be served by an elec- trical service in accer i- a with the National Blectri as Cur- rently adopted by re Any such strm:Wre as shall conform to all applies a zoning and subdivision ordinances and any other pertinent ordinance in effect at the time of installation or construction, including mtback requirements. (38) Halfway houses for the rehabilitation of adult persons who are prisoners or former prisoners, may only be located in C-1, C-2, C3, M-1, M-2, and A-1 sones, and, if approved, am subject to the following additional conditions: a. One (1) parking space for every four (4) residents, including staff resi- dents. b. The proposed facility shall provide appropriate and reasonable security c The facility shall have no exterior evidence of such use and no sign advertising such use. d. At the time of original approval, if the proposed facility ri to be located within five hundred (500) feet of another such facility, public, private or parochial school, group home for adults or juveniles, nursing, rest or convalescent home (center), ehildreri s nursery er boarding home, day care center, residential zone, existing res idential use, or facility for the men- tally or physically handicapped, the city council may require such addi- tional conditions on the special use permit as it feels are necessary to minimize the effect of the Proposed use on the surrounding properties. e. The applicant shall demonstrate that there shall be no negative impact on property within five hundred (500) feet of the proposed facility. (39) Microbrewery or pub brewery in a "C-2", 'C-3', or "M-1 district. (e) Community unit plan. The owner of an) tract of land may request a special use permit fol the use and development of such tract for residen IN M A. c MAST R � V OR' ct 1l,` DR. SWUNG ffi BERTUNG 1 Qf{ YARNN ST 51 4 OSAGE Y F s DR. i NEYANN CARTER ST H F COMMUNITY a� a OR o g IN - o AD CENTRE W' ff °P 'i CT . ` f� JAYE cT q, OZARK SI, LCRDH r OR. TPW \ i 4ARRN NDALE c� ,Q� MARIETTA ST -7KEK DR. u C o } PP `�Y I BUTLER ST, aY u+. sr MARY m f p. Oe' V EENWAY SAN ty W i (}TM Oq A,yq, GEORGIA s ST. i ANN u BRECK C THOMAS { eY'* SPR. LAWANDA ST. d GL wA Si— - ✓ �. L i fA `2. ERNA Si00DARD STDOCT aD HP 5l. STODDARD ER S S C.(� QA TREE ST. w ST. r 2� ST. 90 t DR Wf \ i OR' : FORD Si. 33 / 0 RECARDO DR. b SCOTT Si. pR Rx SHOW ME H GE Do Cy 4' FAIRLANE OR. I LOMBARDO Ii OR. SCOTT ST - '1 CEN�R `V- DR. r1• '9 OR AUDREY ST. �N7 ST. I < � g i�i- RANCHITO HH /MISSISSIPPI OR10 ST. � HOPPER S v R0. OP MEADOW lN.0g YcDONAIJ? ST. EMERALD N 2 5, mCRAF pe/�F .- z NEW MADRID P�\W ew 3r ST b i GREEK AME MY CDUJN$ ST. v. OR SIP Rte. v DUNKUH ST. _ m MARSHA hRR\E � MLL p y Si. VE Z o AOEUNE AK S KAY DR. '� i PEMISCOT - n < WOOp�AND SEMO a) i m sT. o oR. 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DR.ST:ST wEs cAYEE4ST !A ST 'a' i ST. WILLIAM3, r �p TANN ' GOOD HOPE !T— 6000 MOPE Q m OR > DplIALLE v W �,y Yp ST. GORo Da, CPRE CENTRE H u gY•w HENRY 57 & COUSIN 5T. MORGAN OAK WILLIAM °HEEL m DR. s F5 `�\ '1 JEFFfli50N AVE. HERMAN ST. P \ SS. P,LPY� NKP JY� ✓� CE QST. COLLEGE i ST. < a7,HOF J`/. MON T ERY IA AR < a BRINK z p0. �I MA ST. ST. `rlc = WALNUT ST, PPWAY 0`/ 3 WALNUT ST. y f- �PZ FS / G/ ELM ST. - A ROPO U u Z 2 \ d W Y OCUST ST SHAWNEE yQ�' PARK LOCUST ST. FoaT eJt AUTOPARK n P,Tt ( SPORTS ; c DR. COMPLEX < LIN EN ST. S 'HICKORY ST. r Z e� o�\ •pK lN. W0 74 2 I HICKORY ST. TIMMAR �y P�•. Qe / u w RUST BRENDA m i 3 CARDINAL i� cy�(L KAY CT' mHACKBERRY I jEo g .� N 2"i J ST. 5T�a \ LN P RUSMAR � �, �\ PIONEER DR. MOLL TRIAL OR. g F a0 ��",pf iO*j POPO' BOUNDARY _ F777555E NNE / ii Sys PY ftR NCH QP t I LA CRUZ S ' SW BEECH T. H L ST PINE ST. y' r ORALE C POPLAR ST. 8 COOPER COOPER ST. � I % 3` l I CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Special Use Permit Recommended Action: That the request of Greater Missouri Builders, Inc. for a Special Use Permit for a drive-in restaurant which will be located in a 12 -foot by 28 -foot portable building in the 2100 block of William Street (Town Plaza parking lot) in a C-2, General Commercial District by recommended for approval. Vote Count: Favor — 9 Oppose — 0 Abstain — 0 Date Recommendation Made: July 11, 2001 List the time period, ownership, size, design, or other limitations recommended: 1. The site plan will be made a part of the Special Use Permit, with the location of the facility being approved by the Planning and Engineering Divisions at the time of construction. 2. The new and existing structures shall comply with the BOCA Building codes and all other City ordinances. 3. If the structure is removed, the foundation is to be removed and the parking lot restored to its original condition. Comments: Citizens in attendance at meeting: Tyson Zahner — representing the applicant "V\ S retary CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning ❑ OR Special Use Permit File No.— j()OR Address of Property 2) 00 BImk Wi 11 jam 5+reef CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: v 1. Is present use consistent with present zoning? Icy 2. Is plat sufficient? yc s 3. Will intended use conform to requested zoning? Tec 4. Has intended use already commenced? S}s �uf 7 �� o�,,�✓:Y�°^, I,µt nar Ih 5. Comments: 11;�r�. 7/7/ ° 1 QL 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? �S 4. Comments: / - � f J" 3 �� City orn y Date ............................................................................� CITY MANAGDR REFERRAL TO PLANNING AND ZONING COMMISSION: Michael G. Miller PLANNING SERVICES STAFF: 7-3.C1 Date 1. Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date Revised 4/21/1998 . V" City of Cape Girardeau, Missouri Application For Rezoning - ❑ OR Special Use Permit - Date Received in Planning Services Office:d- By: �S— SECTION A Description of the project: Relocation and expansion of an existing structure to function as a drive-in Restaurant. The current structure is a 12'X 12' portable building in the Town Plaza being used as a walk-up Sno Cone stand. Currently, the business is seasonal - operating between the months of April and September. The new structure would be 12'X 28' and would be utilized as a drive-thru Sno Cone stand. The building would remain in the Town Plaza, although it's current distance from the property line would be increased. If sales volume is sufficient, the business would remain in operation year-round. If sales are inadequate however, the business would close during the winter months. Therefore, it would be advantageous to keep the building portable - anchoring it with concrete piers and installing the water, sewer and electrical hook-ups underground and unexposed. 2. Street address of tract (or other location description): Town Plaza parking lot (2 100 block) facing William St. Approximately 100 ft. East of El Torerro (Mexican Restaurant) and 60 ft. North of the property line 3. Names and addresses of all legal owners of tract: Greater Missouri Builders, Inc. 1550 Wall Street, Suite 31 St. Charles, MO 63303 4. Present zoning classification: C-2 5. Requested new zoning classification: n/a 6. Requested special use: Special Use Permit for Drive-in Restaurant 7. Person handling this application (name, address, phone number): Tyson P. Zahner, owner 337 N. Park Ave. #1 Cape Girardeau, MO 63701 (573)651-7003 8. If tract is to be transferred, name and address of intended owner n/a Page 2 9. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): Name Date Name Date SECTION B I . Legal description of tract: Please attach a copy of the latest deed to the property. See attached description and deed. Page 3 n 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 ig List names and addresses of ALL adjoining landowners. Include land which corners on tract or which is across streets or allevs. See attached list of landowners 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. Drive-in Restaurant will be constructed. 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? No 4. Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract? If so, give the date and state the prior action taken. No Page 5 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. Ty's Summer Sno has been an established business in Cape Girardeau since 1999. It markets a product that appeals to all age brackets and a wide range of socioeconomic statuses. The product is unique and currently unavailable in most of the towns surrounding Cape Girardeau, thereby attracting customers from surrounding communities. Ty's Summer Sno attracts business into the Town Plaza, and also provides jobs for (primarily) High School and College aged students in Cape Girardeau. If the request for a special use permit is granted, the afore mentioned benefits could be taken advantage of year-round. It would also provide faster and more convenient service to the customers by way of a drive-thru. If we were to relocate the building as requested, it would also eliminate any possibility of obstruction to other businesses along the property line. Revised 10/3/00 59 Adjoining Landowners Wendell and Glodean Eyre George & Patricia Bockhorst Roger Birk 2130 Merriwether P.O. Box 780 60 S. Kingshighway Cape Girardeau, MO 63701 Cape Girardeau, MO 63702-0780 Cape Girardeau, MO 63703 Nathan K. Mathis Shirley Kossman Dwight and Eileen Gates 2124 Merriwether 126 Sheridan Dr. 2148 William Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Eldon and Margaret McDowell Erwin and Lorna Dreyer Charles and Ruth Knote 2118 Merriwether 120 Sheridan Dr. 2146 William Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Donald and Diane Schaefer Don Eugene and Doris Vaughn Lloyd and Ralph Harris 2112 Merriwether 3530 Creekwood #7 1005 N. Kingshighway Cape Girardeau, MO 63701 Lexington, KY 40502 Cape Girardeau, MO 63701 Kenneth and Barbara Campbell Ada L. Buchheit Seven -Thirty, Inc. 75 Sheridan Dr. 516 S. Sprigg P.O. Box 557 Cape Girardeau, MO 63701 Cape Girardeau, MO 63703 Cape Girardeau, MO 63702-0557 Gary and Christine Helwege Gary and Joyce Borgfield Wal -Mark Associates Schnucks P.O. Box 844 70 Sheridan Dr. c/o Paul Brase Cape Girardeau, MO 63702-0844 Cape Girardeau, MO 63701 11420 Lackland Rd. St. Louis, MO 63146-6928 Bill and Elizabeth Berry Georgell Investments, Inc. P.O. Box 908 1428 Independence FFCA Acquisition Corp. Cape Girardeau, MO 63702-0908 Cape Girardeau, MO 63703 c/o Long John Silver #5136 P.O. Box 14026 Nelson E. Martin Investment Co. C R Jr. and Bettie Talbert Lexington, KY 40512 P.O. Box 629 117 Edgewood Sikeston, MO 63801 Cape Girardeau, MO 63703 Kingsway Investments c/o Henry and Ann Adams Jean K. Martin Narvol and Amy Randol 2314 St. Andrews Ct. 225 S. Forester Dr. 3022 County Rd. 214 Jackson, MO 63755 Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Gaye F. Blank Trust Wallis Oil Company, Inc. Heritage Square Properties, L.L.C. c/o Gaye and Robert Blank Trustees 106 Washington 1230 W. Cape Rock Dr. Suite 19 430 Julie Jackson, MO 63755 Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Plaza Car Wash Inc. P&J Marketing, L.L.C. c/o Plaza Tire P.O. Box 1807 2149 William Cape Girardeau, MO 63702-1807 Cape Girardeau, MO 63703 IN / / --~�------ -----' | |-, i� | ' | / / --~�------ -----' | |-, SPECIAL WARRANTY DEED 0034i0 THIS DEED, is made and entered into f isday of K,,e , 1997, by and between GREATER MISSOURI BUILDI! AS, INC., a Missouri corporation, party of the fust part, and TOWN PLAZA, INC., a Missouri corporation, party of the second part. Address: 1550 Wall Street, Suite 31, St. Charles, MO 63303 Wenesseth, that the said party of the first part, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by the said party of the second part, the receipt of which is hereby acknowledged, does by these presents Sell and Convey unto the said party of the second part, the following described real estate, situated in the County of Cape Girardeau, and State of Missouri to wit: See EXHIBIT A, attached hereto and incorporated herein. Subject to all easements, conditions, restrictions, reservations, rights of way of record, zoning laws and ordinances, as applicable. To Have and to Hold the same, together with all rights and appurtenances to the same belonging, unto the said party of the second part, and to its successors and assigns forever. The said party of the first part hereby covenanting that it and its successors and assigns shall and will Warrant and Defend the title to the premises unto the said party of the second part, and to its successors and assigns forever, against the lawful claims of all persons claiming by, through or under party of the first part but none other, excepting, however, the general taxes for the calendar year 1997 and thereafter, and the special taxes becoming a lien after the date of this deed. In Witness Whereof, the said party of the first part has caused this Deed to -be executed by its duly authorized representatives the day and year first above written. GREATER MISSOURI BUILDERS, INC. h A . 4� _- . Paul B. p. r � S:114269100001 \SPECWARR. DED WL n c%Wo BIWX 862 ?��E661 Stare of A:� SS. County of On this IP_ day of _�'`G-rC�,1.997, Wore me appeared to me per/s�onally known, who, being by me duly sworn, did say that x/he is the J /L.s.cr/'il-�; / of GREATER MISSOURI BUILDERS, INC. a Corporation of the Stats of Missouri, and that the foregoing instrument was signed J010ftin behalf of said Z oration, by authority of its Board of Directors; and said 12, x acknowledged said instrument to be the free act and deed of said coi oration. 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: t-1 -moi Notary Pu lic dj*e WNDALL [!NOTARY PUBLIC TE OF COLORADO .rrxnmissinn EYr+h�s 12.1dA9 SA14269100001 WECWARR.DED BO'.( 862 .1.1itiC���Y/ A PART OF OUTLOTS NO. 57 AND 87, UNIT -BU STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL M MIAN. CITY AND COUNTY OF CAPS GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at a 1/2" Iron Pin Concrete (Found) at the Northwest comer of Outlot no. 57, U.S.P.S. No. 2199; Thence S 83°07'18" B, 461.54 feet along the North line of said OutlotNo. 57 to a Railroad Spike (Found) at the Northwest corner -of a tract -of land recorded in the land records of the County Recorder's Office of book no. 294 -at page -no. 891; Thence S 06°26'D6" W, 121.41 feet along the Vest line of said tract to the Southwest corner of said tract, from which a Railroad Spike (Found) bears N 06926106" E, 0.7 feet; Thence S 8337'49" E, -53.78 feet along the South line of said tract to a 1/2" Iron Pin (Set) on the North Right of Way line of-Merdwether Street; Thence S 00°07149" E, 49.52 feet to a 1/2" Iron -Pin (Set on the South Right of Way line ofMerriwether Street; Thence S 83°37'49" E, 500.43 feet along said South Right of Way line to a point on the West Right of Way line of Sheridan Drive, from which a 1/2" Iron Pin (Found) bears S 00.51' W, 0.9 feet; Thence along the West night of Way line of said Sheridan Drive the following courses and : S 05-00127' W, 181.97 feet -to a 1/2" Iron Pin (Set); Thence .S 00-011 14" E, 43.68 feet to a 1/2" Iron Fin (Found) at the Northeast corner of a tract of land recorded in book no. 290 at page no. 282; Thence along the -North and West lines of said tract the following courses and distances: N 84057'14" W, 171.13 feet to a 1/2" Iron Pin (Set); Thence S 50059'49" W, 21.56 feet to a 1/2" Iron Pin (Set); Thence S 06056'52" W, 142.96 fleet to a Chiseled Cross in Concrete (Found) on tine North Right of Way line of William Street; Thence along said Right of Way line the following courses and distances: N 84°2922" iV, 277.34 feet to a 1/2" iron pin (Set); Thence N 00°07'49" W, 15.07 feet to a 1/2" Iron Pin (Set); Thence N 84°29'22" W, 568.90 feet to a 1/2" Iron Pin (Set); Thence N 83°5722" W, 212.10 feet to a 1/2" Iron Pin (Set) at the Southeast comer of a tract of land recorded in book no. 309 at page no. 397; Thence along the East and North lines of said tract the following courses and distances: N 06°02'38" B, 165.00 feet to a 1/2" Iron Pin (Set) at the Northeast Corner of said tact; Thence N 83°57'22" W, 196.57 feet to a 1/2" Iron Pin (Set) at the Northwest corner of said tract; Thence S 06001'54" W, 13.66 feet along the West line of -said tract- to the Northeast corner Of a tact of land recorded in book no. .611 at page no. 756; Thence N 83 °58'06" W, 176.65 fed along the North line of said tract of a 1/2" Iron Pin Set on the East Right of Way line of United States Route -61 (Kingshighway); Thence N 11 006154" E, 137.37 feet along said Right of Way line to a 1/2" Iron Pin (Set) on the South Right of Way line of the Walker Creek Right of Way Line; Whence along said South and East flight of Way lines the following courses and distances: SA1426910MAL GALMSC 3 862 ?..UE663 S 78042153" E, 59.09 feet to a 1/2' icon Pin (Set); Vence N 11 ° 17'07" E, 63.59 feet to a 1/2" Iron Pin (Set); Thence N0601-61070 B, 145.02 feet to a 1/2" Iron Pin (Set); Thence N 11000138" 13, 73.13 feet to a 1/2" Iron Pin (Set) on the North -line of Outlot No. 87; Thence S 83 °30'34" E, 509.97 feet along said North line to the point of beginning; containing 16.043 acnes and subject to all easements of record. STATE OF MISSOURI County of Cape Girardeau, j ss Filed for Record I hereby certify • -,thit. this . instrument oQ :3� pU was FILED' VO RECORD .at the date MAR 211997 �? and time' r.Pa n and is�cor• ecjan Book... ge1at1et Ratiert, Itscorder' Cape -01n dw County.. ............... . Jeckton Mo. JANET -ROBERT Recorder of Deeds S A 1 426 910 0 0 0 1 UZOALMSC Apr 01 99 04:57p PERRYVILLE DOOR CENTER 573-547-6950 4'- p 2 Z4! . �` I t2't7P SNE1F @;mar Wtu r 1 1a ' a 11 _ i n 12 is 14 Is 16 17 1e 19 20 21 - iZP u/OW ol Zd 4'-D" p.2 W" I e2=0" t -- I� SCALL -{7 !� ` DIVISION OF PL„r :; T5�5 %jDk,,a7, F- HUr vF (o DATE ar __AWR 31( �j l S� W O e2=0" t -- I� SCALL -{7 !� ` DIVISION OF PL„r :; T5�5 %jDk,,a7, F- HUr vF (o DATE ar __AWR 31( Apr 01 99 04:57p PERRYVILLE DOOR CENTER 573-547-6950 P.3 21 T/ $ %,J(- 1 ca i- Har APPROVED DIVISION OF PLANNING SERVICES DATE 4xS Sir p.4 m 20 >~Eae TY 27 P.5 17 APPROVED is DIVISION OF PLANNING SERVICES DATE _ .. is APPROVED BY P, 45 UA &ML" Apr 01 99 04:58p PERRYVILLE DOOR CENTER 573-547-6950 LN - Z f�' C�CASS St'L-EL ' Gb02 . oma, 2 (Z) 3p3- Wsuc-, 4 , 6 I 6 7 8 9 10 t1 24 12 "nM WALL. 13 14 15 16 6� s 17 18 APPROVED DIVISION OF PLANNIIIG SERVICES DATE to APPROVED By 20 p.6 W" cjzo55.5eaw4 — SEAL€D tlz`, � i , 21 TY 5 5 av-,1 00E FJUT va` (. R� 59 W L cn E Y V M_O W O O N ' (Z 10 0 0 N O 0 0 N M 7 7 T cu ^U) W L� r CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 201 Agenda August 6, 2001 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: SUBJECT. Request for a Special Use Permit for a Church and Recreation Complex and Day Care and Learning Centers in the 3700 block of Old Hopper Road This agenda item calls for the holding of an advertised public hearing on the request of the First Assembly of God Church of Cape Girardeau for a special use permit for a church and recreation complex and day care and learning centers in the 3700 block of Old Hopper Road in an R-1, Single Family Residential District. 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 July 11, 2001, by a vote of 9 in favor and none in opposition, with the following stipulations: 1) the permit be limited to the church and day care only, 2) the temporary entrance off of Old Hopper Road is to be removed upon the opening of the church; and 3) the church has two (2) years to start construction. A number of citizens were present in support of, and in opposition to, this request. Following presentation by the applicant, three citizens spoke in opposition to this request, and petitions containing 112 signatures were submitted opposing the request. These petitions do not contain signatures from property owners representing 30% or more of the area within 185 feet of the subject property borders. The applicant has submitted a revised site plan, which is attached, based on the Planning and Zoning Commission recommendation. The revised site plan calls for 490 parking spaces for the church and day care center. The staff would also mention that the lake shown on the site plan is intended to provide wet detention as part of the site's stormwater management plan. A special use permit is not required for construction of a lake, but a stormwater management permit would be required. It is recommended that the Council hold the advertised public hearing. Attached for first reading consideration is an ordinance authorizing this Special Use Permit. The Council should note that the ordinance and special use permit are limited to the church and day care. If the Council wishes to approve any of the additional facilities originally requested, the ordinance and special use permit will need to be amended ally Submitted, If ��k Bratton Michael G Miller City Manager 13049 See. 3039. spacial use regulations. (a) Subject to the provisions of this section, the city council may by ordinance on its own motion or on application grant a spacial use permit for the special uses enumerated in this taction in any districts as heroin quaUed Anise which the uses aro otherwise prohibited by this chapter. The city council shall impar appropriate conditions and ssfeguards for the issuance of the special use permit, which may include a specified period of time for the permit, a limitation of the persons who may carry out such use, and limitations upon or requirements for the size or design of buildings and other improvements upon the property, all for the purpose of protecting the comprehensive plan and conserving and protecting property and prop- erty values in the neighborhood. (b) Applications for special use permits shall be made and processed in the same manner as provided in section 30-5 relating to applications for district changes. (1) The city council shall determine whether such building or use will: a. Substantially increase traffic haz- ards or congestion. b. Substantially increase fire hazards. C. Adversely affect the character of the neighborhood; or in respect to spr tial use permits for dwelling pur- poses where required, be adversely affected by the character of the neighborhood. d. Adversely affect the general welfare of the community. e. Overtax public utilities. f. Be in conflict with the comprehensive city plan. (2) If the council's finding is negative as to all the subjects referred to in this subsection (b), the application may be granted; if af- firmative as to any subject, then such per- mit shall be denied. (c) Any proposed special use shall otherwise comply with all the regulations set forth in this chapter for the district in which such use is located, except that the city council may permit hospitals and institutions to exceed the height limitations of such district. CAPF GII A DEAU CODE: e No structures shall be erected or re- main on any portion of (lie lot except as provided for under item g. hereof d. No signs shall be erected on the park ing area except as approved by the city council. c. Parking areas shall be used for park- ing patrons, private passenger vehi- cles only, and no charge shall be made for parking within such premises. f. The parking shall be set back in con- formity with the established or re- quired yards for residential uses and, where a parking area adjoins a dwell- ing use, it shall have a minimum side yard often (10) feet. g. The parking area shall be suitably screened or fenced, paved and drained, lighted and maintained free of debris. (21) Any "C" district use in an "R' district. (22) All uses for which special use permits are required by other sections of these regula tions. (23) Buildings in excess of the height and story requirements set forth in section 30-36 for "R4'sod'42" districts, provided side yards are increased in width one (1) foot for each foot of height that the building exceeds the height regulations of the district in which it is located up to a height of seventy-five (75 ) feet and thereafter no increase in side yards shall be required for any height in excess of seventy-five (75) feel. (24) Any "C' district use in a more restrictive 'C" district. (25) Senior citizen housing under the following fNditions: Allowed Only in 'R-3; "114' and "C" arena; b. Only senior citizens, handicapped or disabled individuals would be permit- ted to rent, purchase or inhabit units allowed under this chapter. c. A permanent aign, prominently dis- played, must be placed on the building clearly labeling the structure u senior citizen housing, and also having there- upon the ordinance number establish ing the structure as senior citizen hous- ing. (26) Reserved. (27) The manufacture of commercial cooking and catering equipment in "C-3" districts. (28) Recycling in 'C-2; "G3; "M-1" or "k(-2" districts, including salvage, processing and storage of paper and paper products; alu- minum cans and other metal containers; cloth, clothing and rags; plastics and rub- ber products; lumber or wood products; and glass. Provided, however, that all process- ing, treatment and handling of the above- described materials, other than loading and unloading from transport vehicles, shall be inside of a building and all storage of such materials shall be either inside of a build- ing or in closed transport trailers, in such a manner as not to create a nuisance by virtue of odor, vermin, emission, or dis- charge. Provided further that any Process- ing of suchmaterials shall not create a nuisance or health hazard by virtue of noise, odor, emission, discharge or byproducts. Loading and unloading of materials from transport vehicles rhall be completed and the transport vehicles removed from the premises within twenty-four (24) hours of the receipt of a transport vehicle on the premises. Exclusions: a. Nospecial use permitshall be required under this section for any Person, com- pany or firm engaged in recycling ac- tivity of its own products which are manufactured or sold on the premises whin such recycling is done in support of the principal operation of that busi- nala. b. Me special use permit will be required under the provisions o(this section for r«Ydi^L activity eonducled by non. profit organizetions for periods not e:- ceeding thirty (30) days N anY calen- dar year. ZONING (d) Special uses. (1) Public or private lending field, landing strip, helicopter landing pad, heliport or other landing area for all forms of aircraft; auto race track and drag strip. (2) Amusement park, but not within three hundred (300) feet of my 'R" district. (3) Any general public building erected or used by my department of the city or county government, or a school district. Also, of- fices, warehouses, and other support build- ings for local units of government and sub -state agencies, unless otherwise lo- cated within a zoning district which would allow a commercial or institutional facility of the same nature as a use -by -right. (4) Cemetery, crematorium or mausoleum. (5) Church or other place of worship, or Sun- day school, in "R-1," "R-2," or "R-3" residen- tial districts. (6) Circus or carnival grounds, but not within three hundred (300) feet of any "R" district. (7) Commercial, recreational, or amusement development for temporary or seasonal pe- riods. (8) IReseroed.l (9) Institution, college, or hospital provided that any hospital or institution permitted 130-39 in any "R" district shall be located on a site of not less than five (5) acres, shall not occupy more than forty (40) percent of the total lot area, and shall be art back from all yard lines at least two (2) feet for each foot of building height. (10) Marina or dock. (I1) Nursing home in "R" districts. (12) Once building of a civic, religious or char- itable organization, conducting activities primarily by mail and not handling mer. chandise or rendering services on the prem- ises, but only within the '11 4' district. (13) Privately operated community building or recreation field. (14) Public utilities. (15) Riding stable. (16) Radio or television broadcasting tower or station. (17) Residential uses as provided for in sections 30-28 (C-1 Districts) and 30-33 (M-1 Dis- tricts). (18) Travel trailer camp, in the "C-2,' "43" and 'M' districts. No travel trailer may be used for any residential purpose either tran- siently or permanently unless located in a trailer camp or mobile home park. (19) The extraction of sand, gravel, and other raw materials requiring the removal of an overburden above the deposit, provided, however, any bulk storage of extracted ma- terial or overburden and any processing or extraction machinery or the open face of any cut shall be at least five hundred (500) feet from any residential structure, street, or place. (20) Parking lots on land in "R' districts within three hundred (300) feet from the boundary of any 'C" or "M" district, provided the following standards are met: a. Ingress and egress to such lot shall be from a street directly serving the com- mercial, business or industrial district. b. No business involving the repair or service of vehicles, or ssle, or display thereof shall be conducted from or upon such parking areas. ZONING c. A special use permit shall Out be required under this section for any agency of any state, county or other local government unit engaging in recycling activity for its internal op- eration purposes only and not for resale to the public for profit. (29) Residential or outpatimt facilities for the treatment of alcohol or other drug abuse for not exceeding twenty (20) persons in "R-4" districts, or for more than twenty (20) persons in "C" districts, with the provision that no special use permit shall be issued for such a facility unless the applicant for such permit provides evi- dence that he has provided written noti- fication of the proposed placement of the facility to the owner or owners of property located within one hundred eighty-five (185) feet of the boundaries of the prop- erty on which the treatment facility is to be located. Further, the exterior appear- ance of the treatment facility shall rea- sonably conform to the exterior appear- ance of other buildings in the vicinity and a treatment facility shall not be located closer than three hundred seventy (370) feet to any other substance abuse facility. (30) Single or double -wide, manufactured home or manufactured business units for office purposes only in "M-2" heavy industrial districts. (31) Family day care homes for the care of more than six (6) children but not more than ten (10) children in a residential zone. (32) Excursion gambling boat or floating gam- bling facility in any "C" or "M" district, or combination thereof, with the following provisions: a. Accessory uses directly connected, associated or linked with the opera tion of an ezeuroion gambling boat or floating facility shall be included with, and made a part of, any special uta permit issued therefor and shall also be within a'C' or 'M' district, or combination thereof. cap. N.. 12 3966 S. N, 17 1967 Accessory uses associated with a . excursion gambling boat or floatinl. facility shall include the following: I. Boat support facilities. 2. Docking or mooring facilities. 3. Employee support facilities. 4. Ground transportation facili ties. 5. Passenger ticketing and recep tion facilities. 6. Parking facilities. 7. Security facilities. 8. Signs, including those attache(. to a building or other structure a boat or floating facility, e. otherwise placed on the prem ises constituting an excursion gambling boat or floating facil ity site. Off-street parking. Off-street park Ing and loading facilities shall b, provided as specified in section 30-3� of this chapter, except that the re quirement for oft --treat Parking f- an excursion gambling boat or float ing facility and its accessory use shall be one and one-half (IVO spacr for every two (2) passengers, base, on maximum occupancy, plus one (1 space peremployeson the maxim", shift. in addition, full-size bus park ing spaces shall be provided as rc quired by the planning and zonin commission and city council. Site development Phan. In epplyi- for a special use permit under thi section, the developer(s) shall sul mit a formal site pian for rev— which includes, but is not necessan ily limited to the following: L Maps and other graphics ind eating the boundaries of lb development and all proPertt° to be included, indiestin whether such properties ar owned, leased, optioned, or pr, poacd for such. 1" CME GIRARDEAU CODE 2. Thc locations and general sixes of al buildings, structures, park- ing lots and other facilities com- prising the development iodud- ing data on aim, facilities and occupancy limits of the planned esntnion gambling boat ere float - Ing facility and accessory uses. 3. Evidence that the development contains sufficient land to pro- vide for any necessary or pro posed land -side development and support facilities, includ- ing parking, and the develop- ment includes sufficient river f ntage to accommodate loca lion and operation ofthe planned excursion gambling boat or floating facility. 4. M impact analysis including, but not limited to, expected ac- cess routes, traffic volumes, peal: hours of operation, needed road or street improvements and traf- fic controls necessary to accom- modate the proposed uses and traffic volumes, and plans for on-site security and disaster re- sponse. .. All buildings and permanently moored structures shah -comply with applicable standards of the city's building codes. Further, no occu- pancy permit for any accessory use set forth in this section shall be issued prior to the issuance of occu- pancy permits for all new land-based permanent structures proposed as a part of the development. The city council may, however, at its discre- tion, approve a temporary occupancy permit for any accessory use for a period of one (1) year if the required land-based structures are not com pletc 1. (33) Mini -warehouse or self -storage units in "C-1" or "C-2' districts. (341 Parking garages: For enclosed or semi enclosed parking garages only, parking nae. Ne. 17 13049 space dimensions loss than the minimum aim required in this ordinance may be approved under a special use permit. A buldinglpaddng plan and documentary justification for • requested variation from the minimum standards must be submit- ted with any application hereunder. (35) Assembly and manufacture from pre- fabricated parts of electronic and similar products in C-2 districts. (3G) Single or double -wide, manufactured home or manufactured business units for tom- porary office purposes only during con- struction or remodeling of a main build- ing in 'M-1' light Industrial Districts. Any special use permit, if approved, will become effective only upon the issuance of a building permit for a main budding. All such temporary office units shall be re- moved upon occupancy of the completed construction or completion or abandon- ment of the construction work, whichever occurs first. (37) Double -wide manufactured homes (mo- bile homes) in "R-1,' "R-2; -R-3,' or, "R-4" districts, with the following provisions: a. The manufactured home shall be in compliance with Federal Manufac- tured Home Construction and Safety Standards, adopted June 15, 1976, m amended, and Missouri Public Service Commission rules: b. The unit when complete shall have a "urlimum width ofnot less than twen- ty-four (24) foundation feet as mea- sured at all points perpendicular to the length of the manufactured home, which shall not be less than forty- two (42) foundation feet. This stan- dard is intended to restrict units to the type which are brought to the site in parts, typically two (2) halves and at least one thousand eight (1,008) square feet minimum. c All wheels, springs, axles, lights, and towing apparatus shall be removed. 1968 CAVE GIRAIWEAll (:ODE tial or for residential in combination with shop- ping center uses as act forth in section 3031. The development plan shall be referred to the plan fling and zoning commission for study and report. Approval shall be conditioned upon specific find Ings that the proposed community unit plan meets the following conditions: (1) That the proposed development of any "C-4' planned commercial district in- cluded as a part of the plan complies with the regulations for those districts as set forth in section 30-31. (2) That the buildings, other than those lo- cated within a 'C-4' district, located in the area shall be used only for one -family dwellings, two-family dwellings, or multi- ple dwellings and the usual accessory uses such as private or parking garages, storage space and for community activi- ties, including churches and schools. (3) That the average lot area per family con- tained in the site, exclusive of the area occupied by a'C-4' district or by streets, will not be less than the lot area per family required in the district in which the development is located. (4) That the area is adaptable to complete community development, being bounded by major thoroughfares, streets, rail- roads, or other external barriers, and in- sofar as possible without a major thor- oughfare extending through the project, or any other physical feature which would Lend to impair the neighborhood or com- munity cohesiveness. (5) 71st no more than twenty-five (25) per- cent of the gross area of the project be devoted to a 'C-' district and that no more than fifty (50) percent of the gross ares of the project located in .single- family district be devoted to multiple - family dwellings. (6) That sufficient area is reserved for recre- ational and educational facilities to m*M the needs of the anticipated population, or as designated in the comprehensive plan. (7) 71hat property adjacent to the area in eluded in the plan will not be adversely affected and to this end, dict city councd may require, in the absence of any appro- priate physical barrier, that uses of least intensity or a buffer of open space o screening be arranged along the borders of the project. (8) That the plan is consistent with the intent and purposes of this chapter to promote public health, safety, morals, and general welfare. (0 if the city council approves the plans, build- ing permits and certificates of occupancy may be issued, even though the use of the land and the location and height of buildings to be erected in Ill. area and the yards and open space contem- plated by the plan do not conform in all respects to the district regulations of the district in which it is 1 ­ ted, (g) M application for a special use permit under this section may be made and processed contemporaneously with a proposed amendment of the district in which such site lies. (h) A special use permit shall automatically expire upon the failure to develop the use of the land for which the special use permit has been issued if the use is not developed within twelve (12) months after the permit has been issued. (i) In the event the use of the land for which the special use permit has been issued is discon- tinued for a period of oce (1) year, then the special use permit shall automatically expire. (Code 1967, 4 30-38; Ord. No. 660, 12, 2-1-89; Ord. No. 754, 1 1, 9-18-89; Ord. No. 793, Art. I, 12-18-89; Ord. No. 845, arts. 4, 5, 4-16.90; Ord. No. 962, art. 3, 1-16.91; Ord. No. 1085, art- 1, 9-16-91; Ord. No. 1237, art. 3, 9-21-92; Ord. No. 1459, art 2, 12-20.93; Ord, No. 1529, arta, 2. 3, 5.16-94; Ord. No. 1551• arta. 5, 6. 620-94; Ord. No. 1730, art. 2.6-19-95; Ord. No. 1779, arts- 5, 6, 9-18-95; Ord. No. 1904, art. 1, 2-2496; Ord. No. 2080, art. 1, 11.1696; Ord. No. 2198, arts. 7. 8- 7-21-97; Ord. No. 2252, an. 2, 10.2497; Ord. No. 2259, art. 1. 10-20-97; Ord. No. 2487. art. 2. 2-16.99) Lys. Ne. as 1970 ZONING The unit ..at be permanently in- stalled on ■ properly, designed, en- closed foundation system in sonar - dance with the BOCA National Building Code. .. Orientation of the manufactured housing unit on the lot shall conform to the same orientation as the ma- jority of conventionally built struc- tures in the immediate area (within three hundred (300) feet). Example: Front door to front lot line, rear door to rear lot line. Roof must be a gable or hip roof of at least three (3) in twelve (12) pitch or greater and covered with material that is residential in appearance, including, but not limited to ap- proved wood, asphalt composition or fiberglass shingles, but excluding cor- rugated aluminum, corrugated fiber- glass, or metal roofs; except for per- mitted deck areas, all roof stmetures shall provide an eave projection of no less than six (6) inches and no greater than thirty (30) inches. g. Exterior siding or covering shall be of a type, quality and appearance customarily used on conventionally built homes. h. The lot shall be provided with a hard surface (not earthen in nature) drive- way not less than nine (9) feet wide with side -yard parking sufficient for the placement of at least two (2) vehicles. L A minimum of eighteen (18) inches of crawl space under the entire man- ufactured home shall be maintained. I. Permanent steps shall be set at all external exits with appropriate hand- rails and/or guard rails. k. 79he unit shall be served by a water supply and sewage disposal system in accordance with the International Plumbing Code, as currently adopted by the city. Surra No RO 1969 13049 1. The unit shall be served by an elec- trical service in accordance with the National Electrical Coda, as cur• rently adopted by the city m. Any such structure eco conform to all applinbk z� subdiv W oct atdio.nem.nd pertinent ordinance in effect at the time of installation or construction, including setback requirements. (38) Halfway houses for the rehabilitation of adult persons who are prisoners or former prisoners, may only be located in C-1, C-2, C3, M-1, M-2, and A-1 runes, and, if approved, are subject to the following additional conditions: a. One (1) parking space for every four (4) residents, including staff resi- dents. L The proposed facility shall provide appropriate and reasonable security. e. The facility shall have no exterior evidence of such use and no sign advertising such use. d. At the time of original approval, if the proposed facility is to be located within five hundred (500) feet of another such facility, public, private or parochial school, group home for adults or juveniles, nursing, rest or convalescent home (center), children's nursery or boarding home, day care center, residential some, existing res- idential use, or facility for the men- tally or physically handicapped, the city council may require such addi- tional conditions on the special use permit as it feels are necessary to minimize the effect of the Proposed use on the surrounding properties. e. The applicant shall demonstrate that there shall be no negative impact on property within five hundred (500) feet of the proposed facility. (39) Microbrewery or pub brewery in a "C-2", 'C-3', or 'M-1 district. (e) Community unit plan. The owner of any tract of land may request a special use permit for the use and development of such tract for residen- Kp 4 kl P ATE ANNw000 � p "� � x >i cT. BEAFER�FEK CENTRE k tN I DR. v� E ALLETI Dr / CAROlEWDOD DR. LARABIAN �DR. Cd � P o \ OR DR DR. I I ,Qz E dl. EA I.EEM SADA LEE DR. BRECI(EHRI!)LT ~ �' HOPPER ' - - ROAD - �� \ 9}- LYNWOOD HILLS DR. `' o IFJONGTON OR. c� cZ AOR m THOMAS 1 �4DR, 0 �" LyCE 5\ \ 6/ tT i JASMINE L NDRTHCHUR( 1K lN. 1 y HOPPER 3 RD. CANNON 4 / -' MAGNOLIA bUSA " u IN. J� r/eE DR-- z IE \I \ f PATRIOT -u W'DL g KAGE RD.7 MELROSE HILLS DR. 3 i .$ A �y DR. 3 DR x EN ry T OSAGE H ARROWHEAD COMMUNITY P ATE ANNw000 � p "� � x cT. BEAFER�FEK CENTRE / CAROlEWDOD DR. P \ VALLEY $MEW lN. J' 1- BRFCKENR/p( c E EAGLE RE>GE BRECI(EHRI!)LT ~ �' HOPPER ' - - ROAD - �� \ IXi. FAWN DR. L OR. c� cZ AOR m THOMAS 1 u g 9 1 _S V �T4, i4°Rit HOPPER 3 RD. PHEASANT W'DL g DR. HOPPER i .$ A �y \int STAC RUN COU1H5 ST. T UY PT. i �E PEaR- <Y I z °KUST. DOGWOOD QJ �.. 1H LAKE 7 g gF1VIEW OR. BEMN DR. i \ qiA W DR.Wf,P� LEAH p1t. CHRYSLER A� oe" I EWpf T. 4 S g L, L i J Su QJ Ec 1 q � 3 Cook- �Q, _<<N � COR OR r� \ P 90 l RrY I` \ SHEN. �\ \ RN MISSOURI ROUTE K_ I \ EXCHANGE . CO. RD. M1, PERCY 1 ' Q` I � RD. NO. 203 CAM SER 1 1\ 5� s Lau ml D' St. ; 8 A g ROAD d L MO. 74 CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Special Use Permit Recommended Action: That the request of First Assembly of God Church of Capeirardeau for a Special Use Permit for a church and (reereation.complexand day care and learning-oenters)n the 3700 block of Old Hopper Road be recommended for approval. Vote Count: Favor — 9 Oppose — 0 Abstain — 0 Date Recommendation Made: July 11, 2001 List the time period, ownership, size, design, or other limitations recommended: The Special Use Permit is limited to the church and day care only. The temporary entrance off of Old Hopper Road is to be removed upon the opening of the church. The applicant will have two (2) years to start construction of the project. Comments: Citizens in attendance at meeting: Pastor Gary Brothers — representing applicant; Tim Quigley — 3726 Old Hopper Road; Steve LeGrand — 3618 Old Hopper Road; Jim Shandy — 3702 Old Hopper Road; petitions containing 112 signatures were also submitted Secretary CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Special Use Permit Recommended Action: That the request of First Assembly of God Church of Cape Girardeau for a Special Use Permit for a church and recreation complex and day care and learning centers in the 3700 block of Old Hopper Road be continued to the July meeting. Vote Count: Favor —10 Oppose — 0 Abstain — 0 Date Recommendation Made: June 13, 2991 List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens in attendance at meeting: Letter of opposition received from Sandra and Nancy Simmons — 1003 Camino Court S cre CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Special Use Permit Recommended Action: That the request of First Assembly of God Church of Cape Girardeau for a Special Use Permit for a church and recreation complex and day care and learning centers in the 3700 block of Old Hopper Road be continued to the June meeting. Vote Count: Favor — 10 Oppose — 0 Abstain — 0 Date Recommendation Made: May 9, 2001 List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens in attendance at meeting: Samuel Smith — representing the applicant; Dennis Coomer — representing the applicant; Jewel Habeck — 3911 Hopper Road; John Hoffman — 376 County Road 316; Letter of opposition received from Sandra and Nancy Simmons — 1003 Camino Court S cretary Rezoning ❑ CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For •' Special Use Permit 0 File No. 949 Address of Property 3700 Block Ola Hopper Road CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? �/1 s 2. Is plat sufficient? 3. Will intended use conform to requested zoning? �5 4. Has intended use already commenced? / J- 5. Comments: <Acicw� sr-" . �',vh„x V`-� -N opt a�j W{81� S��J-t o� �0 iu�+✓�"� City Panner/Development Services Coordinator Date CITY ATTORNEY: I. Is legal description sufficient? 2. Will intended use conform to requested zoning? 3. Can requested Special Use Permit be legally granted? 4. Comments: �)- lk6 �/Ni00001) Cityttori}ey CITY MAI�AGER REFERRAL TO PLANNING AND ZONING COMMISSION: 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 Revised 4/21/1998 City of Cape Girardeau, Missouri Application For Rezoning - ❑ OR Special Use Permit -x❑ ' ��' '' Date Received in Planning Services Office: 4 - o;5 - 01 By: 0 SECTION A 1. Description of the project: This project will add a 114,700 SF Church/Recreational center that will be built in two phases. It will also add a baseball diamond, a soccer field, tennis courts, amphitheater, sand volleyball, and an approximately 3 acre lake. 2. Street address of tract (or other location description): NE 1/4 of Section 34, Township 31 North, Range 13 East Parcel No. 15-816-00-01-007 3719 Hopper Rd 0 (� i��_�) C c;') ► c' �� Cape Girardeau, M0, C,i n ► s fir-) r r F < i 3. Names and addresses of all legal owners of tract: First Assembly of God Church of Cape Girardeau, Missouri 750 N. Mt. Auburn Road /1 1)( ►t, crnf ►r�)) Lr I fit 8 Cape Girardeau, Missouri 63701 4. Present zoning classification: R1 - Single Family 5. Requested new zoning classification: N/A 6. Requested special use: The First Assembly of God Church requests to build a church and recreation complex in a single family residential area. 7. Person handling this application (name, address, phone number): Paul Ridlen Smith & Company 901 Vine Street Poplar Bluff, Mo 63901 8. If tract is to be transferred, name and address of intended owner: N/A APR 24 '01 02:01PM ASSEMBLY OF GOD A• Page 2 P.2/2 9. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. Si tnres of ALL PERSONS listed in Items 3 and 8 above and date of signatures): Name Date Name Date —4,T4A4 - . D�l- z3 -W SECTION B 1. Legal description of t sct: Please attach a copy of the latest deed to the property. Attached Page 3 2. Attach to this application a scale plat of the tract, on an 8% by I I inch sheet of paper, showing the following: a. All boundary dimensions. b. All adjoining streets and alleys. C. All present improvements. d. All intended improvements. 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. Attached 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. Enclosed 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. The site will be used for worship, learning, and recreation. See attached drawings. The site will have a 114,700 SF Church/Recreational Center that will contain a day care and learning centers. The site will also have a lake, amphitheater, tennis courts, soccer field, baseball diamond, and a sand volleyball court. 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. The construction will be limited to the First Assembly of God's property in accordance with attached drawings. 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. Mn 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 church facility will provide a place of worship, learning, and recreation for all citizens who wish to be a part of the First Assembly of God Church. The facility will develope hilly farmland into a multi- million dollar complex that will help to increase the value of surrounding land. Revised 10/3/00 I98153 GENERAL WARRANTY DEED U 17 87-S THIS INDENTURE, Made33n-the30TH day of O=—OBER A.D., One Thousand Nine Hundred and Ninety -Eight, by and between KENNETH SIEBERT AND ELDA-M. SIEBERT, HUSBAND AND WIFE; EDWIN J. PEETZ AND ELSIE M PEir'I'Z, HUSBAND AND WIFE; AND BRUCE C BENTON AND ALICEf. BENTON, HUSBANDAND WIFE of the County of Cape Girardeau, the State of Missouri, Grantors, and FIRST ASSEMBLY OF GOD CHURCH OF CAPE GIRARDEAU, MISSOURI, a pro forma -corporation organized under the laws of the State of -Missouri, of the County of Cape Girardeau, infhe State of Missouri, Grantee: (mailing address of said first named grantee is 750 N. Mt. Auburn Road, Cape Girardeau, Missouri 63701). WITNESSETH, That the said Grantors, in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, .to them paid by the said Grantee, the receipt of which is -hereby acknowledged, :do by these presents, Grant, Bargain and Sell, Convey and Confum,unto the said Grantee, its successors and assigns, the following described Lots, Tracts or Parcels of Land, lying, being -and -situate in the County of Cape Girardeau and State of Missouri, to -wit: That part of the East Half of the Northeast Quarter of Section 34, Township 31 North, Range 13 East of the Fifth Principal -Meridian in the City and County of Cape Girardeau, State of Missouri, described as -follows: Begin at an iron pin maddng the Northeast comer of -said Section 34; theme with the East line of said Section 34, South 0 degrees 53' 10" East, 1078.03 feet; thence South 88 degrees 36' 52" West, 143.91 feet; thence South 00 degrees 53' 10" East, 226.48 feet; thence North 38 degrees 36' 52" East, 143.91 feet; thence South 00 degrees 53' 10" East, 65.01 feet town iron axle marking the Southeast corner of the. -Northeast Quarter of the Northeast Quarter; thencecontinue along said East Section line South 80 degrees 37' 33" East; 1364.07 feet -to a set 5/8 inch diameter iron rod with an aluminum cap on the East Quarter corner of the Southeast Quarter, South 89 degrees 07' 15" West, 633.80 feet to a point on the East right of way line of Interstate "55"; ; thence with said East right of way line, North 31 degrees 45' 00" West, 550.30 feet; thence North 27 degrees, 27' 39" West, 201.00 feet; thence North 21 degrees 45' DO" West, 1098.00 feet; thence North 4 degrees 23' 46" West, 3353 feet; thence North 21 degrees -45 00 West, 4.14 feet -to the intersection -of the East right of way line of Interstate "55" and the West line of the Northeast Quarter of the Northeast Quarter of said Section 34;thence with said line, North 00 degrees 22 01 West, 207.17 feet; thence South 85 degrees 31' 39" East, 660.94 feet; thence North 00 degrees 33' 45" West, 816.89 feet to a point on the North line of said Section 34, -said point falling within the pavement of existing Hopper Road, thence with the North line of said Section 34, North $7 degrees 54' 06" East, 656.09 feet to the place of beginning. LESS AND EXCEPT: A part of the Northeast Quarter of Section 34, Township 31 North Range 13 East of the Fifth Principal -Meridian, City and County of Cape Girardeau, State of Missouri, being more Particularly described as follows: Beginning at a iron railroad spike at the Northeast corner of Section 34, said point being the centerline intersection of Hopper and Kage Roads; thence along the East line of Section 34, South 00 degrees 07' 32" West, 200.00 feet; thence leaving said East line, North 90.degrees 90' 00" West, 30.00 feet; thence North DO degrees 07' 32" East, 149.96 feet to the -beginning of a curve concave to the Southwest -having a central angle of 90 degrees 0732" and a radius of 20.00 feet; thence along said curve in a Northerly and Westerly direction along said curve 31.46 feet; thence North 90 degrees 00' 00" West, 475.00 feet; thence North 00 degrees 00' DO" East, 3000 feet to a point on the North line of Section 34; thence along said North line, South 90 degrees 00' 00"" East, 525$1 feet to the paint of beginning. Containing 0.48 acres, more or less. TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges, appurtenances and immunities -thereto belonging or in mid Kenneth wise appertaining uanto the said Grantee, and unto its successors and assigns, FOREVER, Mda 14L Siebert, husband and wife; Edwin J. Peetz and Elsie7v[. Peetz, husband and wife; and Bruce G Benton and Alice F. Benton, husband -and wife, hereby covenanting that they are lawfully seized of an indefeasible Estate in Fee in the premises herein conveyed; -that they have goodnight to convey the same; that the said premises are free and clear of a �� r-taxesine done or suffered by them or those under whom they rlaim, [EXCEPTINGand building assessments, general and special, not now due and payable; zoning, occupancy ordinances, if any; easements and restrictions of record; environmental protection laws and regulations; rights of the public in and to parts thereof in streets,xmds or alleys; and matters which might be disclosed by surveayn-�' and ndaiv�tthey will WARRANT ANDo its successors sand ssi�sDFOR�EDVEReagauist title to the said premisesunto the said the lawful claims and demands of all -persons whomsoever. IN WITNESS WHEREOF, the said Grantors have hereunto set their hands the day and year first above written. —Z Kenneth Siebert Elda M. Siebert i Edwin J. Peetz J Elsie NL Peetz --------------- Dennis and Barbara Sexton City of Cape Girardeau 533 W. Highland 401 Independence Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Dorothy and Renfro Digirolamo Jewel Habeck 1002 Camino 3911 Hopper Road Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Avery Cox Fred and Gearline Lawson 3719 Hopper Road 1105 Bella Vista Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Robert Dodson and Nancy Duschell Terry Scarber 3317 Kage Road 1003 Dearmore Court Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Dennis and Marlene Long Mary Ellen Bean 1002 Dearmore Court 1727 El Rio Drive Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 imothy and Nancy Quigley Thomas and Karen Neumeyer 3726 Hopper Road 1496 Bellevue Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Jayne Perry James and Sandra Shandy 3714 Hopper Road 3702 Hopper Road Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Steven and Alicia King Arthur and Naomi Suzuki 719 W. Highland Drive 2213 Dawn Avenue Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Barry and Peggy Zerbe Barbara Januszewski 603 Highland 525 S. Middle Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 John Hoffman 376 County Road 317 Cape Girardeau, MO 63701 Jay and Deborah Reisenbichler 1003 Oak Ridge Cape Girardeau, MO 63701 Judd and Jerri Marquis 3713 Hopper Road Cape Girardeau, MO 63701 Frank Debra Braxton 1315 Ashland Hills Cape Girardeau, MO 63701 Nancy & Sandra Simmons 1003 Camino Court Cape Girardeau, MO 63701 Thomas and Linda Schild 3718 Hopper Road Cape Girardeau, MO 63701 Lonnie and Brenda Hasty 3701 Hopper Road Cape Girardeau, MO 63701 Patrick and Paula Suzuki 627 W. Highland Cape Girardeau, MO 63701 FA N Not to scale PETITION TO OPPOSE ISSUING A SPECIAL USE PERMIT TO THE FIRST ASSEMBLY OF GOD CHURCH OF CAPE GIRARDEAU. FOR THE 3700 BLOCK OF OLD HOPPER ROAD, CAPE GIRARDEAU, MISSOURI. We the property owners adjacent to the above mentioned property and Old Hopper road do hereby express our oppostion to the above ntion SpecU Permi . u 933 [E?. 44, k lay. a 30 Old 410fre, 3li�4-/a1 22 ,4 � a 702 01 X713 oldf}a�. (Li 5��2��a1 23ki 311 oId .{����r 715 0w- +4v� } / 24 7� 61� Abler �10e-(C�17N.IOZVQ PP` moi`- /0/ 25 X23 O1al Arloer flc), aYA �ni Old 40fper �tiu�c�e e r OUTo k (ac. 27 j�.�'z/-�y-,�- Olc� 28 k3 60. { � ►�^� �!/ 29 3(06/ 61d P �)o5 44- c,taKd 1 30' 3Eo1 OJd 4pper F 11alttG Yy��n 1� j 3/ 7 1<;t f v33 ua. F✓�hk.,d 12 3A .jx'��� `x`31 70 13 3 ),>2 -6 OUB 04 1 s 3�iq/ O,C4 o��frl �sS'. 20 ,e,- 6 Id cio 18 3440 okd 40fr"—f-d. PETITION TO OPPOSE THE PROPOSED SPECIAL USE PERMIT FOR THE PROPOSED FIRST ASSEMBLY OF GOD CHURCH OF CAPE GIRARDEAU FOR THE 3700 BLOCK OF OLD HOPPER ROAD, CAPE GIRARDEAU, MISSOURI. We the property owners adjacent to and near the above mentioned property of Old Hopper road do herby express our opposition to the above mentioned Special Use Permit.. Xr e r,rP AnnR F C R 1.91CINATi TRF LR -�7 a8 ary 3� 3f 3z 33 PETITION TO OPPOSE THE PROPOSED SPECIAL USE PERMIT FOR THE PROPOSED FIRST ASSEMBLY OF GOD CHURCH OF CAPE GIRARDEAU FOR THE 3700 BLOCK OF OLD HOPPER ROAD, CAPE GIRARDEAU, MISSOURI. We the property owners adjacent to and near the above mentioned property of Old Hopper road do herby express our opposition to the above mentioned Special Use Permit.. W M PETITION TO OPPOSE THE PROPOSED ROAD INTERSECTION FROM THE PROPOSED FIRST ASSEMBLY OF GOD CHURCH OF CAPE GIRARDEAU. FOR THE 3700 BLOCK OF OLD HOPPER ROAD, CAPE GIRARDEAU, MISSOURI y-5�- 3�„ '01 We the property owners adjacent to the above mentioned prope and Old Hopper road do hereby exprgss our oppostion to the above Mnt�oned Sp�ci l tise Permit. :316;1 Cid 4bP fer U 1` i�-30 b� �pPPcr -�- ~ 13 CF3 ,pPtr V 4.40t` 37m'011041' Kd , -j y 0). x� &.d. t,n 9 tv, Y[fAla.d t* c. •• 23 24 25 bc3+�hiaHa 9 lop 3 µjy�hlaKd- 10 r�. µ,1h4^d 11 534 a). f111AIo"dl 1 533 1f), 't J .370z Lrd 41r a 15_ 37 /k old +I::1J16 3G�f' z- 4 v mi i WA 9 2 L Old ff*fYC psi w o L 4-,6Pfr' Rd, 3413 Old G �g �c dvli, P q 14, d JCL �h(ee; "14z/fe( per �� ('0 / dLD /Ap�pt 3 3� old t0. 2,1; T3 g, ;Avis w,r���✓�r►1 3s�.�� 3i 41. r, D — .I f nffiYo ww 4.—, n The First Assembly of God Church of Cape Girardeau has requested a Special Use Permit for the 3700 block of Old Hopper Road to build a church, recreation complex, day care center, learning center and parking for 1,200 cars. This will damage property value for all neighboring and nearby residents, create an enormous amount of traffic on all streets and destroy our quiet and peaceful neighborhood. TELL THE CITY NO TO THE SPECIAL USE PERMIT! SEND YOUR LETTER OF OPPOSITION BEFORE JUNE 1, 2001 TO: CITY MAYOR AND CITY COUNCIL CITY OF CAPE GIRARDEAU 401INDEPENCENCE CAPE GIRARDEAU, MO 63703 t 5 t:i: rf� -.�- Y r: a r• TELL THE CITY NO! RESIDENT 3445 GLENVIEW DRIV CAPE GIRARDEAU, Md 63701 ttillIttlttttiti nItttllttlt11lilt 111111111111111111111ttitilt May 8, 2001 Planning and Zoning Commission P.O. Box 617 Cape Girardeau, MO 63702-0617 To Whom It May Concern: Please accept this letter in response to our notification of the Special Use Permit requested by the First Assembly of God Church. As a homeowner/landowner to the adjoining tract we do not want the Special Permit issued. In fact, we do not want the church, their proposed sports complex, volleyball court, etc. in our residential neighborhood. This proposed construction will increase traffic in a residential neighborhood, but most importantly, have an adverse effect on the value of our property. The main reason we chose to build in this area was the location still retained a country -type atmosphere. The City has already taken away the rustic setting by widening Hopper Road, putting in sidewalks, and cutting most of the trees in the area. With the First Assembly of God Church wanting to build their own "self-contained" community we will lose our country -type setting. We lived by a church for approximately 25 years and had to endure the traffic, loud noise, and property and vehicle damage. When we decided to build our first consideration was to NOT live by a church or be within shouting distance of one. Now, we have a church wanting to build across the street. We will again have to endure the traffic and noise and will eventually be forced to move as the church expands to include a proposed amphitheater, lake, large parking lot, a day care center, etc. We are relying on the integrity of the Commission to deny this Special Use Permit. Please allow the homeowners to retain our neighborhood as a residential area without a church complex to depreciate our property. This would be financially devastating to us if the proposed complex was built as we would again be forced to move. As the City denied the Special Use Permit for Birthright we hope you will consider our opposition to the proposal and also deny the permit for the First Assembly of God Church. Sincerely, Sandra & Nancy Simmons 1003 Camino Court Cape Girardeau, MO 63701 R MW M - - - IMF MO MOMAN fl DRAKE J. KAMBITCH May 11, 2001 City Mayor and City Council City of Cape Girardeau 401 Independence Cape Girardeau, MO 63703 Gentlemen: �.` 171YEo MAY 3606 Old Hopper Road Cape Girardeau, Missouri 63701 (573) 334-0394 Fax (573) 334-8041 RE: Special Use Permit for The First Assembly of God Church of Cape Girardeau - 3700 Block of Old Hopper Road We are in opposition to this Special Use Permit and demand the City to deny this Special Use Permit. This will damage property value for all neighboring and nearby residents, create an enormous amount of traffic on all streets and destroy our quiet and peaceful neighborhood. Sincerel e J. Kambitch Jean M. Kambitch 1 4 is Mr. & Mrs. Jeff Layton 4024 Hopper Road Cape Girardeau, MO 63701 May 15, 2001 City Mayor and City Council City of Cape Girardeau 401 Independence Cape Girardeau, MO 63703 Dear Mayor Spradling & Members of City Council, We are writing in opposition to the First Assembly of God's proposed church and complex on Old Hopper Road. For close to 20 years we have lived on Hopper Road. Originally when we bought our home and property, we were "out in the country". This was the very reason the property was so appealing - a country feel and minutes away from work for us and the west end of Cape Girardeau. Over the years, we have seen subdivisions spring up, and just this spring, the widening of Hopper Road. With each new development, we are robbed more and more of our country feel, green space and the deer and wild turkeys that live here. We do not want the added traffic, loss of fields, and even more development encroaching on us in our neighborhood. We do admire the good people of First Assembly of God and their aggressive plans for their new church and complex, but feel is it better suited in a more commercial area. God will lead them to a better location. Please give this opposition very serious consideration. Sinc rely, of Layton & Cindy y N FE RECEIVEn THE PARTS PROFESSIONALS SINCE I -W9 1750 C 'I�ev&tce- -s DaT wI-OtlAd Ilk `4"4 77-4 i,)0 /4— I -V 4�,�r .404— 24 x000� 4wex z Jv� 7,W . . • 'ja- (Gt P`aa .j V (s 7TH 4 C) v-)" Te IJJ�Sii�S �� rtf& N 4i4go2S .. . T ��! 4 ff►�a2oDs u�� sty �rt-/1 �rHv,t' • M � aero DPARrs THE PARTS PROFESS/OVALS MWE I" A��/ / -7 /SSvE` pr= /'w �`PG�Ct l�iC ovs l /T 7Zk 3 706 i�Coae- p,,C ©� CoA C�l�d�' • rvlLt Ng ILfo J t N AWA7vd,6 02 �P m Steve & Mary, Brianna(13), Adam(9), & Chleo(6) LeGrand 3618 Old Hopper Rd. Cape Girardeau, MO 63701 May 24, 2001 Mayor & City Council P. O. Box 617 Cape Girardeau, MO 63701 Dear Mayor & Council Members: I am a resident on the old section of Hopper road. This letter is to voice my opposition to the proposed rezoning/special use permit for the First Assembly of God Church in the 3700 block of Hopper Rd. We have lived in my current location for over 10 years and have seen the traffic steadily increase both on our street and on Kage Road. At times, foi our road appeared to be the Indy 500 racetrack. So, you can imagine our relief when the long promised `new' Hopper Road was completed. We figured now we wouldn't have to worry so much about the kids playing in the front yard. This section of road did help the existing problem. The traffic flow has reduced some, but has not eliminated all the traffic. The new Hopper extension was never intended to serve as a main artery street for a commercial property. There is currently no way for this piece of property to empty without going through residential sections of our neighborhood. The new road will not handle the existing residential load and the proposed commercial traffic. Even the new road has residential homes and new building sites platted for future homes. This means that much of the traffic will be forced to alternate routes: down Old Hopper through Clarkton and Glenview subdivisions, down Kage through Ashland Hills and Carolwood Estates subdivisions, or west down the county road and through Twin Lakes Estates subdivision. The size of the piece of property and proposed ability for future expansion is even more frightening. The `job' of a church is to grow. This would only 01 be the beginning once the special use permit is granted. The property is over 60 acres and once a special use permit would be granted, other organizations and commercial entities would also be seeking the same special treatment or the church would just continue its own expansion. To my knowledge, all other major churches are located in areas that empty onto major thoroughfares away from family residences, so as not to present a danger to citizens. In the past, it has been the practice of the Council to avoid `spot zoning' for obvious reasons. This proposed special use would place a very large and heavily used commercial organization right in the middle of a residentially zoned area of town. Just look at the zoning map to confirm this! I am asking the Council to use the same good judgment as the have in the past and oppose this spot rezoning of the 3700 block of Hopper Rd. Thank you for your consideration in this matter. YMary rand Brianna L r Adam LeGrand r"'o1 �?d Chlf-c'�e & Chleo LeGrand M 7inw7mco The First Assembly of God Church of Cape Girardeau has requested a Special Use Permit for the 3700 block of Old Hopper Road to build a church, recreation complex, day care center, learning center and parking for 1,200 cars. This will damage property value for all neighboring and nearby residents, create an enormous amount of traffic on all streets and destroy our quiet and peaceful neighborhood TELL THE CI NO THE SPECIAL USE PERMIT! SEND YOUR LETTER OF OPPOSITION BEFORE JUNE 1, 2001 TO: CITY MAYOR AND CITY COUNCIL CITY OF CAPE GIRARDEAU 401 INDEPENCENCE CAPE GIRARDEAU, MO 63703 RECEIVED MAY 2 9 201 o -- - �/o c Ir '4 re coge a 7�i a n ca ���x, ��y Care Cehz`er /�,arhi�� cc hte Y ana� pQr�r��9r /�oD cars e /.try iraf%� ah a// o ��� stireeZ`s p%ase V_o Ze _ /)o __ IOA7 i �- r) May 25, 2001 The Honorable Albert M. Spradling III Mayor of Cape Girardeau City Hall 401 Independence Cape Girardeau, MO 63701 Dear Mayor Spradling: This letter is in opposition to the City issuing a Special Use Permit to the First Assembly of God Church. We have looked at the church's plans at City Hall. If the Special Permit is issued the church plans on building an amphitheater, day care center, sports complex and even a lake. This will eventually become a self-contained compound which will have an adverse effect in the value of our home plus the homes in the surrounding area. Not only will it lower our property value, but it will also increase traffic in our neighborhood. Another concern is the liability of having a man-made lake in a residential area. Unless they propose to build a fence around the compound the lake poses a potential hazard to neighborhood children. We lived by a church for approximately 25 years and had to endure the traffic, loud noise, and property and vehicle damage. When we decided to build our first consideration was to NOT live by a church or be within shouting distance of one. Now, we have a church wanting to build across the street. We have worked long, hard hours and sacrificed much to be able to build our home in a quiet, well-maintained neighborhood. If you approve the issuance of the Special Use Permit you will destroy our dreams and the faith that our City is working for the people, not against them. In our opinion the building being proposed by the First Assembly of God Church is a cult -like, self-contained community and does not belong in a residential neighborhood, nor is it wanted in our area. n May 25, 2001 Page 2 We are imploring you to not issue this permit and relying on the Council's integrity to make the correct decision for the good of the people in the neighborhood, not the congregation._ Please allow the homeowners to retain our neighborhood as a residential area without a church complex to depreciate our property. The proposed church will only increase traffic, create a potential hazard with the proposed lake, and most importantly depreciate the value of our home. Sincerely, Sandra Simmons 1003 Camino Court Cape Girardeau, MO 63701 Nancy Sim ons 1003 Camino Court Cape Girardeau, MO 63701 cc: Councilman Richard Eggimann Councilman Matthew Hopkins Councilman Frank Stoffregen Councilman Tom Neumeyer Councilman Hugh White Councilman Jay Purcell RECEIVED MAY 2 9 20 25 May 2001 City Mayor and City Council City of Cape Girardeau 401 Independence Cape Girardeau, MO 63703 Gentlemen: Reference the "Special Use Permit" that The First Assembly of God Church of Cape Girardeau has requested from the city for the construction of a "massive" church complex in the vicinity of the 3700 block of Old Hopper Road. I am the owner of the property located at 3630 Old Hopper Road and I am totally opposed to the issuance of this permit and the construction of this "massive" church complex. This will ruin my neighborhood and erode my property value. I also consider it to be a violation of my rights. When I moved here some 5- years ago, I chose my residence at this location due to its peacefulness. Had there been commercial/church facilities in this area I would have elected to move elsewhere. To allow such facilities to be built there now, to say the least, is grossly unfair. Should The First Assembly of God Church wish to purchase my property and pay for my moving expenses, I will consider withdrawing my opposition. Pending such an agreement, I again remind you that I am totally opposed to the issuance of the subject "Special Use Permit" and/or construction of the associated "massive" church complex. In closing, I would like to remind you that the rights of this "special interest group" (The First Assembly of God Church) are not greater than my own. Sincerely, James M. Keen 3630 Old Hopper Road Cape Girardeau, MO 63701 59 Nancy Caldwell Ayers 1006 Oak Ridge Ct. Cape Girardeau, MO 63701 To: City Mayor and Council City of Cape Girardeau 401 Independence Cape Girardeau. MO 63703 This is in regards to the First Assembly of God Church's request for a Special Use Permit for the 3700 block of Old Hopper Road, to build a church, recreation complex, day care center, learning center and parking lot for 1,200 cars! Mine and my family's vote on this matter is: NO - to the Special Use Permit! When I purchased my house over 6 years ago, this was a residential neighborhood only and I was told this will remain a residential area only. This will damage property value for all neighboring and nearby residents. This will also create an enormous amount of traffic (1,200 car parking lot). We have already have had 4 wrecks (at the intersection of Old and New Hopper Rd.) within the I I month after the city open the new Hopper Road. Two of those wrecks, three people have come to my house to use the phone. The traffic and wrecks will only get worse if you, the mayor and city council, issue this Special Use Permit. This increase in traffic on all the streets will only destroy our quiet and peaceful neighborhood. In addition, the 1,200 parking lot will be over twice the size of Sam's parking lot (of approx. 550 car parking lot). With this enormous size parking lot, a large church, recreation complex, day care and learning center... this will increase the runoff and create flooding problems downstream. I have worked for USDA/SCS-NRCS for 23 years. My main duties have been to survey, esigni and terrace supervise consystemstruction of the following projects: watershed and flood control structures; ponds waterways; drainage ditches; irrigation land grading and pivot systems; erosion control structures; and many other soil and water conservation systems. As you can see I have a background in Hydrology Engineering and Agronomy. When you change the land use in a watershed as the one this Special Use Permit will effect... you change the runoff curve number from a cropland/grassland to 100% runoff from a 1,200 car parking lot and all the other new building construction within the watershed. This may cause flooding in the backyards and basements of homes downstream from all the additional runoff created by the change in land use. Therefore, if this Special Use Permit is issue by the mayor and city council, lawsuits can follow. Please consider damage control, by not issuing this Special Use Permit. Please feel free to contact me or my husband for any additional information needed. Home: 334-2760. /Xw� /��Oj 1 Nancy Caldwell Ayers Van Ayers Office: 243-1467 ext. I I S or 5 Office: 573-568-3344 WA FROM : SHARON HOSLER RN PHONE NO. : 5733342353 Jun. 01 2001 03:14PM P2 Kathy Fitzpatrick 3722 Old Hopper Road Cape Girardeau, MO 63701 31 May 2001 Mayor Spradling City Council City of Cape Girardeau 401 Independence Cape Girardeau, MO 63703 Mayor Spradling and Members of the City Council, I would like to express my concerns regarding the construction proposed by the First Assembly of God Church in the 3700 block of Old Hopper Road. I understand that this project is to include a church auditorium, recreation center and day care center. I do not feel that such a facility in this location is in the best interests of our community. Old Hopper Road is essentially an old country road that is poorly suited for heavy traffic. The city has recently gone to considerable expense extending Hopper Road across Mt. Auburn to meet Kage Road. This has resolved the problem of increased traffic on Kage / Hopper resulting from the development of the Ashland Hills subdivision. Establishing a business of the type described will obviously create an enormous amount of traffic on what is now Old Hopper Road. Construction to improve the existing road to handle the traffic safely will be necessary. Will the First Assembly of God Church be financing these improvements or will the city be required to donate this money to enable them to have their facility in the location they have chosen? The recent construction of the Cape La Croix Church on Lexington reflects an excellent location choice for such a facility. Lexington was intended to handle heavy traffic and provides convenient access to the church. The construction was a positive addition to that neighborhood and did not place additional financial demands on the community. The proposed facility on Old Hopper Road will result in quite the opposite. The First Assembly of God Church has apparently purchased this property confident that city officials would meet their requirements regarding the plans they had for construction on the property. I am confident the City Council will consider what is best for the community as a whole in making their decision regarding this request for a special construction permit. Respectfully, Kathy J. Fitzpatrick June 12, 2001 Planning and Zoning Commission P.O. Box 617 Cape Girardeau, MO 63702-0617 To Whom It May Concern: Once again we have been asked to submit our views on the proposed First Assembly of God Church and the rezoning and/or special use permit. On May 8, 2001 the Planning and Zoning Commission was hand delivered our response to the proposal. Alson, enclosed is a copy of the letter we sent to the Mayor and all City Council members. As you can see by the enclosed letter WE DO NOT WANT THE CHURCH IN OUR AREA AS IT WILL DEPRECIATE THE VALUE OF OUR PROPERTY AND THE HOMES IN THE SURROUNDING AREA. Sincerely, Sandra Simmons 1003 Camino Court Cape Girardeau, MO 63701 '-110-n Nancy Simmons 1003 Camino Court Cape Girardeau, MO 63701 Enclosure WA W n May 25, 2001 The Honorable Albert M. Spradling III Mayor of Cape Girardeau City Hall 401 Independence Cape Girardeau, MO 63701 Dear Mayor Spradling: This letter is in opposition to the City issuing a Special Use Permit to the First Assembly of God Church. We have looked at the church's plans at City Hall. If the Special Permit is issued the church plans on building an amphitheater, day care center, sports complex and even a lake. This will eventually become a self-contained compound which will have an adverse effect in the value of our home plus the homes in the surrounding area. Not only will it lower our property value, but it will also increase traffic in our neighborhood. Another concern is the liability of having a man-made lake in a residential area. Unless they propose to build a fence around the compound the lake poses a potential hazard to neighborhood children. We lived by a church for approximately 25 years and had to endure the traffic, loud noise, and property and vehicle damage. When we decided to build our first consideration was to NOT live by a church or be within shouting distance of one. Now, we have a church wanting to build across the street. We have worked long, hard hours and sacrificed much to be able to build our home in a quiet, well-maintained neighborhood. If you approve the issuance of the Special Use Permit you will destroy our dreams and the faith that our City is working for the people, not against them. In our opinion the building being proposed by the First Assembly of God Church is a cult -like, self-contained community and does not belong in a residential neighborhood, nor is it wanted in our area. n May 25, 2001 Page 2 We are imploring you to not issue this permit and relying on the Council's integrity to make the correct decision for the good of the people in the neighborhood, not the congregation. Please allow the homeowners to retain our neighborhood as a residential area without a church complex to depreciate our property. The proposed church will only increase traffic, create a potential hazard with the proposed lake, and most importantly depreciate the value of our home. Sincerely, Sandra Simmons 1003 Camino Court Cape Girardeau, MO 63701 Nancy Simmons 1003 Camino Court Cape Girardeau, MO 63701 cc: Councilman Richard Eggimann Councilman Matthew Hopkins Councilman Frank Stoffregen Councilman Tom Neumeyer Councilman Hugh White Councilman Jay Purcell RECEIVED AUG - 12001 July 29, 2001 Mayor A. M. Spradling City Hall 401 Independence Cape Girardeau, MO 63703 Dear Mayor Spradling and City Council: On August 6th you will have to decide the fate of our neighborhood -- whether it remains a residential area, which it is currently zoned, or allow the First Assembly of God Church to proceed with their proposal. According to the City Ordinances our area is zoned R-1: single family dwelling district. In Section 30-24 under R-1 no where does it mention a church. A church falls under R-4 zoning. The City Ordinances states, Section 30-39 (Special Use Regulations), "The City Council shall impose appropriate conditions and safeguards for the issuance of the special use permit ......... and limitations upon or requirements for the size or design of buildings and other improvements upon the property, all for the purpose of protecting the comprehensive plan and conservingnil protecting 12LQMM and prWeM values in the neighborhood". Furthermore, Section 30-39 states: (1) The city Council shall determine whether such buildings or use will: (a) Substantially increase traffic hazards or congestion, (b) Substantially increase fire hazards, (c) Adversely affect the character of the neighborhood; or in respect to special use permits for dwelling purposes where required, be adversely affected by the character of the neighborhood. The proposed complex will do all of these things to our neighborhood. In the Southeast Missourian on July 12, 2001 Pastor Brothers stated he was "satisfied for now" with P&Z's recommendation. If you grant the First Assembly of God Church the special use permit for the church and day care he will not stop until he has acquired the sports complex, amphitheater and lake. We, the homeowners, should not have to fight for what is rightfully ours -- the right to live in a quiet, well-maintained area without the heavy volume of traffic or noise this complex will generate. We built here with the firm belief the area would stay R-1 (residential) and we would not have to worry about the City Council deciding it is ok to spot zone. Also, Pastor Brothers stated in the newspaper on July 11, 2001 "the opposition is being fueled by misinformation, with emotions overriding fact". Pastor Brothers has a lot of gall. As an adjoining landowner I went to City Hall to view the proposed plans -- I had the facts correct and so did the rest of the neighborhood. He also said, "I really don't think this group understands fully what we are doing". We understand fully that our home and the neighborhood property values will depreciate with this proposed complex. We are not stupid people as Pastor Brothers has implied! If the congregation grows to the envisioned 4000-5000 the traffic will cause our property values to decrease. Pastor Brothers stated at the P&Z meeting most will use Vantage Drive. Get real! �✓ They will take the fastest and easiest route which will be either Old Hopper, New Hopper or Kage Road. In fact, I called the City Engineer's office on Friday and was told there are no immediate plans to improve Vantage Drive. The Engineer's office also stated Vantage Drive is not included in the City's 5 or 10 year plan. Even the current congregation of 1800 will drastically increase traffic, noise and pollution. If the day care is also approved we will have to contend with the traffic, noise and pollution 7 days a week. The proposed main entrance is planned directly across from the cul-de-sac where I live. How do we get in or out of our house during the peak traffic times? If the city issues the special use permit the main entrance must be moved. Another objection I have is allowing a business to enter into our residential area. The day care is a business no matter how you look at it. Any time money exchanges hands you have a business transaction, whether it be licensed as a business or not. If the Council approves the full proposal the sports complex will generate noise and traffic, the amphitheater will definitely generate noise and traffic, and the lake is a potential liability because of safety concerns for the neighborhood children. Everybody has said you can't win against our City Council. I am hoping you have enough common sense to realize how many lives will be affected by your decision. I believe Mayor Spradling has stated on occasion, "We must listen to the people". I am relying on your integrity to follow the zoning ordinances as this will definitely adversely affect our neighborhood. One day you may be faced with the same problems/concerns this neighborhood has now and I hope you don't have to endure the stress and anxiety, as we have, on how this will affect your quality of life or that of your children. Show the people of Cape Girardeau you are for the people and will not be swayed by the power or money of a chosen few. Respectfully, Sandra K. Simmons 1003 Camino Court Cape Girardeau, MO 63701 cc: Councilman Tom Neumeyer Councilman Frank Stoffregen Councilman Richard Eggimann Councilman Jay Purcell Councilman B. Hugh White Councilman Matt Hopkins IN RECEIVED AUG — 1 2on1 0 July 30, 2001 The Honorable Albert M. Spradling III Mayor of Cape Girardeau City Hall 401 Independence Cape Girardeau MO 63703 Dear Mayor Spradling: I am one of the adjoining landowners in opposition to the proposed First Assembly of God Church. It has taken me and my sister ten years to save enough money to be able to afford a down payment on something we can call our home, another year of looking for just the right piece of land (a quiet area, preferably a cul-de-sac), then another seven and a half years of sweat, tears, and hard work to maintain this property. Now, within one night you can destroy everything I have worked so hard to build. I guess you might not call this an accomplishment in your mind but since I am "legally blind" from a hereditary eye disease, have had four corneal transplants, numerous other surgeries, and I am still trying to work even though I could have taken the easy way out years ago and gone on disability -- I am very proud of this accomplish! Now with one vote you can destroy everything I have worked so hard to achieve. We built out here because it was a nice, quiet residentially zoned R-1 area. Our roads in this area are not able to handle the 2,000 congregation nor the constant flow of the day care traffic. Traffic is heavy enough. How convenient they put it directly across from a cul-de-sac where four single women live and the new Hopper Road is our only way out. We will never get out of our cul-de-sac and the noise will be horrendous. The zoning laws for the City of Cape as stated in section 30-27. "R-4" #6 lists churches in this category, not under R-1. You have stated numerous times in the past at the City Council Meetings that you can not spot zone. This is exactly what you will be doing. The traffic will be backed up for miles on Hopper because Vantage drive will not be used by the congregation. According to the City Engineer as of Friday, July 27, 2001 the city has no plans for Vantage Drive in the five year or ten year plan. If you think its bad getting out of the Show Me Center after a packed house at a SEMO Basketball Game or a concert, think what you are asking us to deal with seven days a week, twenty-four hours a day. We don't have enough police officers as of now, but believe one will need to be posted here every day due to the traffic and noise or we will be calling the police department every day. This will definitely cause property depreciation. I have talked to a realtor of 20+ years who is very well respected in the real estate community and is also a school teacher for the Cape Public Schools. She has stated that our property value will plummet with this kind of complex, traffic, and noise. We built out here because we knew if houses were some day built on the land it would enhance our property value not destroy it. n J The day care anyway you look at it is a business. They charge an annual enrollment fee due on the anniversary date of when the child started plus as much as local licensed day cares. When money changes hands that is a business, yet the City sees no tax dollars from it. A day and a half after the Planning and Zoning gave their recommendation someone was in our cul-de-sac video recording all of our homes without our permission. The neighbor across the street saw her, went out and asked what she was doing and the lady made up a story that she was doing appraisal work and was new at it. When asked to identify herself she stuttered around and made excuses and would not give her name. When asked if she was from the church, she said "Oh, no" and left the area. No one has the right to film your home without written permission from the owner. This is a violation of our privacy. We called our insurance agent, Bo Shantz and asked him if an appraiser would do such things and the neighbor called her insurance agent, both said no. If it was an appraiser or anyone affiliated with an appraiser's office or real estate office they would gladly have given out their business card and their name. This is against the law. We were this weekend informed by another neighbor that after the P&Z meeting the pastor and some of his congregation were out in public making statements that they had this locked up tight. This is infuriating to the neighbors who have worked hard to build our home and our lives in this area to be basically told we don't stand a chance against this problem. If we elected you to look out for the best interests of the people, then you should put the people before the church. I rely on other people to provide transportation for me and how many people do you think will come out here and jeopardize their lives with the kind of traffic you are talking about. We have talked to two engineers, although they do not specialize in this kind of engineering, who can't understand why a traffic study has not been done of this area. You said at the Birthright meeting you have to consider the neighbors who live in the area. We the neighbors have spoken. What happens when they get a congregation of 5,000 which is what he said he hoped for in a year or two at the P&Z meeting. It will be too late then to stop them and our property will become worthless. Pastor Brothers even had the audacity to state at the P&Z meeting that he was sure if some of us did not like living out here with the church that some of their congregation will be glad to buy our homes. That takes a lot of nerve. We were here first not them. He kept saying they are "good neighbors". A good neighbor would not have made such an imprudent comment. We dealt with the widening of new Hopper Road and it was a nightmare. Shortly after my last corneal transplant I was denied access to my cul-de-sac not once but several times and could not receive appropriate medications which could have lead to rejection. I was told to go in the other way. They had the whole entrance blocked -- what did they want me to have the driver do, drive in someone's backyard and through my neighbor's front yard to get to my house? If a fire had broke out or I needed an ambulance they could not have gotten into the cul-de-sac. Numerous phones calls were made to the City Engineer and the Police Department. A citation was eventually given to the construction company. You need to think long and hard about your decision and how greatly you will affect a neighborhood. There is an old saying you reap what you sow. This someday could be your neighborhood. In conclusion if you look at the facts; increased traffic, increased noise, operating a day care as a business, depreciation of property to the homeowners, and we will no longer be an R-1 residential area how would you feel if you were the neighbors out here? Respectfully, Nancy L. Simmons 1003 Camino Court Cape Girardeau, MO 63701 nls cc: Councilman Tom Neumeyer Councilman Frank Stoffregen Councilman Richard Eggimann Councilman Jay Purcell Councilman B. Hugh White Councilman Matt Hopkins To All Members of Cape Girardeau City Council: RJUL 3 0 While addressing the members of the Planning and Zoning Commission at their most recent meeting, Pastor Brothers of the First Assembly of God Church stated several times that his church is a "good neighbor". He said if the church is granted a special use permit as requested for the property all along the 3700 block of Old Hopper Road, they would develop it "as tastefully as possible" into a church/day care center/ learning center and recreation complex. The recreation complex would include an amphitheater and a baseball diamond. How can an amphitheater be "tasteful" in a residential neighborhood? Why should a Day Care Business be allowed in a residential neighborhood when it is a business? How can the noise, lights and traffic generated by these things be an asset to our nice residential area that now exists? We bought our property with the existing R -I zoning in mind. It is a big investment for most of us. It seems presumptuous of the Assembly of God Congregation to buy property that was not zoned for their purposes and then asks those of us in the neighborhood to conform to their wishes. Is this being a good neighbor? Those of us who live here want a residential neighborhood—not the commercial aspect that the Day Care Center would bring and the lights, noise and traffic that a recreation complex would bring. Certainly property values would decrease if this special use permit comes to pass. Old Hopper Road isn't designed to handle this kind of daily traffic. Heavy equipment traveling Old Hopper Road during the construction process would not only tear up the blacktop street but it would create a traffic hazard and slow traffic to a standstill, due to the hills and curves. The big curve on which the church would like a "temporary i J entrance" is already a hazard without the addition of any other problems. If a V "temporary" entrance is granted it will undoubtedly always be an entrance/exit. Loss of tax revenue is a consideration for the city. The number of residences that could be built on these 52 acres would generate tax income. Churches to not pay taxes. It will be taxpayers and property owners who will pay for street repairs and improvements that will undoubtedly be needed in the not so distant future if the plans of the church come to fiuition. I doubt that the feelings of Pastor Brothers, members of the Assembly of God Congregation or members of the City Council would be any different than ours if they were adjacent or nearby property owners. Being a good neighbor is doing unto others as you would have them do unto you. Please do not grant a special use permit that will be detrimental to our property and the existing neighborhood. Sincerely, (' :S"t Sandra E. Shandy 3702 Old Hopper Road V July 30, 2001!- Kevin and Audra Noel 3910 Fawn Drive Cape Girardeau MO 63701 573-651-3638 Mr. Mayor: We are writing to you regarding the proposed church/day care complex that is to be built off of Kage and New Hopper roads. We would like you to know that we are strongly opposed to having a special use permit issued for any type of complex that is to be built on this land. We moved to Cape Girardeau from Chicago to escape noisy neighborhoods and increasing traffic. We love Ashland Hills subdivision for its quiet streets and secluded homes. We believed that this would be a perfect place to raise our new son. A special use permit would bring increased noise and traffic through our neighborhood. We believe that if the permit were to be issued, it would only be a matter of time before they are granted permission to complete other proposed ideas for the property. It is the property values in this neighborhood that will decrease due to this project, and not those of the members of the church congregation. Please deny the church's request for a special use permit so that we may continue to live in our dream home. The property in Question is zoned for residential use, and this is what it should be used for. Thank -you for your time and consideration. Sincerely, Kevin and Audra Noel stered Voters and Concerned Citizens in Cape Girardeau AL V July 30, 2001 Mayor A. M. Spradling City Council Members C/O City Hall 401 Independence Cape Girardeau, MO 63703 Dear Mayor Spradling and Council Members: I am in opposition to the First Assembly of God Church building in our residential neighborhood. The proposed main entrance will come out at Camino Court which is a cul-de-sac and I will not be able to enter or exit my home. Our property values will decrease with the constant traffic and increased noise if the proposed sports complex, amphitheater, lake are approved. I strongly object to this proposed mega -complex being built in a residential neighborhood which is zoned R-1. According to the City Ordinances a church must be built in an R-4 zone. If you allow the church and day care to build in an R-1 zone you are in essence spot zoning. SincerelyA) 4/, Dorothy DiGirolamo 1002 Camino Court Cape Girardeau, MO 63701 Iva-1,l0t 3 1201 1W. CEIV Jfll_ .� snot 7/29/01 W.R. Mercer 3821 Fawn Dr. Cape Girardeau, MO 63701 Mayor A.M. Spradling C/O City Hall 401 Independence Cape Girardeau, MO 63703 Dear Mayor A.M. Spradling I am writing you in opposition to the Special Use Permit for the First Assembly of God Church on the site located off of Old Hopper Road. The main issue is fairness. We were one of the earlier homes in Ashland Hills subdivision. Although portions of the area were undeveloped we were satisfied that the area was zoned for residential use. They are now, after the fact, proposing to put a complex that rivals a mall in my backyard. In spite of the desires of the church this is unfair to the existing residents who should carry more weight. Secondly, this is a residential area. Families with lots of small children live in this area. Kage and Old Hopper Rd. are, and were not built to accommodate the traffic load from this type of development without dangers to the residents. In addition to this they are proposing a day care (business) that will add significantly to the peak traffic loads. A development of this sort belongs in an undeveloped area. Then people can choose if they want to build homes around it knowing in advance. Third, you are asking the existing residents to accept traffic, noise, runoff, and etc. that they had no reason to expect when they purchased their homes. I recognize that the Church consists of many voters. However I am asking you to do the right thing. Ask yourself if you would want this mega -complex to be built in your backyard. This church can be built elsewhere, where it does not infringe on pre-existing residents. I am asking you to deny the special use permit. Thank you for your consideration. Gjs� I Ji --CSzil W.R. Mercer V JAMES L. SHANDY 3702 HOPPER ROAD CAPE GIRARDEAU, MISSOURI 63701 573-335-6468 August I s', 2001 Mr. Albert Spradling III, Mayor City of Cape Girardeau, Missouri 842 karau lane Cape Girardeau, Missouri 63701 RE: THE PROPOSED SPECIAL USE PERMIT FOR THE PEOPOSED FIRST ASSEMBLY OF GOD CHURCH OF CAPE GIRARDEAU FOR THE 3700 BLOCK OF OLD HOPPER ROAD, IN THE CITY OF CAPE Gl1L RDEAU,MISSOURI. Dear Mayor Spradling. I live on the 90 degree curve of Old Hopper Road where the above plan an entrance to construct their new church and recreational complex. The motion approved by the Planning and Zonning Commission was to grant a SPECIAL USE PERMIT (i.e. SPOT ZONING)for construction of a church and day care facility within a two year period and the above mentioned road®ntrance would be closed the day the church door opened. I am not opposed to the construction of a Church in our R-1 Residential Neighborhood.. I am opposed to the granting of a SPECIAL USE PERMIT (i.e. SPOT ZONING) to construct a day care facility for the following reasons: 1. My understanding of the law is that a City Ordinance is to be enforced by what its words state in plain and simple language usage. This violates SPECIAL USE REGULATION (3 1) AND (Eh). 2. Sec. 30-39,a,b, l,a,b,c, 2,of SPECIAL USE REGULATIONS indicate `if the council's finding is negative as to "no detriment" to all the subjects referred to in this subsection(b), the application may be granted; if affirmative to "any" subject, then such permit shall be denied. a. I believe the addition will substantially increase traffic hazards. b. I believe the addition will increase fire control hazards to due to Proximity and traffic increases interfering with same. C. Investigation leads me to believe the character of the neighborhood. Will be adversely affected by falling property values and loss of tax rervenues. e. 203 of adjacent and adjoining property owners have signed petitions opposing the project thinking that it will adversely affect property values negatively. (i.e. Arena Park Atmosphere). £ The present day care of the applicants is reported to be 90 small children who pay for services in a commercial manner, a clear violation of d,3 L. g. Presently under (free religion decisions) churches are not compeled to observe commercial day care standards that pay taxes and are licensed by the state,etc. h. Recent Supreme Court cases respect the right of free religion (i.e. U.S.C, Article l). In my opinion granting a SPECIAL USE PERMIT allowing a commercial establishment in a Residential Area to attract new church members through a day care service under the veil of (free religion) and serve the general public moves the issue into politics, and ignores the law. Ten years ago I bought a home adjacent to the above mentioned property because the area Zoned residential. I want it to remain Residential. I had faith that the City would welcome and support the growth in this area. I believe that granting A special Use Permit is contrary to the City's support of our area and will propagate numerous future controversies. The Council, historically, has advocated "NO SPOT ZONING". If we cannot depend on a decision by the council which was made ten years ago for Residential Zoning to hold, I feel my property will go down in value and our property rights have been dilutedand our property values will be adversely affected.. Further, I would be insecure in any future investment or in living in a residence adjacent to a similiar planned development. PLEASE, SECURE THE REPUTATION AND FUTURE OF THE CITY OF CAPE GIRARDEAU , AND VOTE NO to the above proposal at the August 6'h, 2001 Council meeting. 'ncerely atnes L Sha y %SLG W /G Vk PETITION TO OPPOSE THE PROPOSED SPECIAL USE PROPOSED FIRST ASSEMBLY OF GOD CHURCH OF CAPPERMIT L&RDEAU OR THE 3700 BLOCK OF OLD HOPPER ROAD, CAPE GIRARDEAU, MISSOURI. We the property owners adjacent to and near the above mentioned property on Old Hopper Road and Hopper Road do hereby express our opposition to the above mentioned Special Use Permit. 3 PETITION TO OPPOSE THE PROPOSED SPECIAL USE PERMIT FOR THE PROPOSED FIRST ASSEMBLY OF GOD CHURCH OF CAPE GIRARDEAU FOR THE 3700 BLOCK OF OLD HOPPER ROAD, CAPE GIRARDEAU, MISSOURI. We the property owners adjacent to and near the above mentioned property on Old Hopper Road and Hopper Road do hereby express our opposition to the above mentioned Special Use Permit. N PETITION TO OPPOSE ISSUING A SPECIAL USE PERMIT TO THE FIRST ASSEMBLY OF GOD CHURCH OF CAPE GIRARDEAU, FOR THE 3700 BLOCK OF OLD HOPPER ROAD, CAPE GIRARDEAU, MISSOURI. We the property owners adjacent to the above mentioned property and Old Hopper road do herby express our opposition to the above mentioned Special Use Permit. Cv 7 lv sz �3 LG �7 n r�/ AA r ea. d J PETITION TO OPPOSE THE PROPOSED SPECIAL USE PERMIT FOR THE PROPOSED FIRST ASSEMBLY OF GOD CHURCH OF CAPE GIRARDEAU FOR THE 3700 BLOCK OF OLD HOPPER ROAD, CAPE GIRARDEAU, MISSOURI. We the property owners adjacent to and near the above mentioned property of Old Hopper road do herby express our opposition to the above mentioned Special Use Permit.. W PETITION TO OPPOSE THE PROPOSED SPECIAL USE PERMIT FOR THE PROPOSED FIRST ASSEMBLY OF GOD CHURCH OF CAPE GIRARDEA FORTHE 3700 BLOCK OF OLD HOPPER ROAD, CAPE GIRARDEAU, MISSOURI. We the property owners adjacent to the above mentioned property and Old Hopper road do herby express our opposition to the above mentioned Proposed Road Intersection . r) PETITION TO OPPOSE THE PROPOSED SPECIAL USE PERMIT FOR THE PROPOSED FIRST ASSEMBLY OF GOD CHURCH OF CAPE GIRARDEAU FOR THE 3700 BLOCK OF OLD HOPPER ROAD, CAPE GIRARDEAU, MISSOURL We the property owners adjacent to and near the above-mentioned property on Old Hopper Road and Hopper Road do hereby express our opposition to the above-mentioned Special Use Permit. �J DRAKE J. KAMB/TCH August 1, 2001 City of Cape Girardeau City Council 401 Independence St. Cape Girardeau, MO 63703 Dear City Council Member: 3606 Old Hopper Road Cape Girardeau, Missouri 63701 (573) 334-0394 Fax (573) 334-8041 The First Assembly of God Church of Cape Girardeau has requested a Special Use Permit for the 3700 block of Old Hopper Road to build a church, recreation complex, day care center, learning center, 1,000 seat amphitheater and parking for 1,200 cars. It has been rumored that they have plans to move their youth center, Freedom Rock, to this location and in the future have a TV Broadcast Station. If the average person wanted to build this 53.7 acre complex it would be required that it be built in a Commercially Zoned Area, not in a R1 area with a Special Use Permit. Mr. Gary Brothers gave the church's presentation to the Planning and Zoning hearing. During his presentation he exclaimed several times that the church is a Good Neighbor. If the church was a good neighbor then they would have done what a wise and prudent man would have done: 1. They would have discussed their plans with the neighborhood prior to purchasing the property to learn the opinions of their potential future neighbors. They then would have tried to work with their future neighbors to resolve any issues and objections or purchased property elsewhere. 2. They would have studied the traffic congestion prior to the property purchase and if congestion was an issue they should have purchased property elsewhere. Mr. Brothers is the leader of this church and his first priority is the church - the neighbors being his last priority. He has committed the church to the purchase of this property for the complex and is going to save face at all costs. When the Planning and Zoning Commission rendered their recommendation they instructed the church and the neighbors to work out their differences. In other words, the city is going to allow the church to do as they wish so the neighbors need to learn to live with it. Some of the neighbors were informed by the Planning and Zoning Commission members that they (P&Z) met with the City Attorney, Mr. Eric Cunningham, and he stated they must allow the Special Use Permit for the church and day care. I am concerned that Mr. Cunningham's recommendation may be biased. I was told that he previously was a member of this church, is presently a member of the Board of Directors for Teen Challenge which is a First Assembly of God affiliate and when asked if he did legal work for the First Assembly of God Church responded with, "not to my knowledge." In Mr. Brothers' Good Neighbor speech he told the Planning and Zoning Commission that the church gave $1,000,000.00 to South Cape. What he failed to disclose is that the church is a non-profit organization and is only allowed by law to keep a small percentage of their profits. They are required by 1 law to dispose of the majority of their profits. Not only is the church Federal and State Income Tax exempt but according to the County Tax Assessor they are also exempt from Real Estate and Personal Property Tax in Cape Girardeau County. This means that the church does not pay for police protection, fire protection, street maintenance or other city services. So who pays for these services for the church? We the Tax Payers or I should say their neighbors, even after we are forced to accept them as neighbors. Later in the presentation Mr. Brothers stated that this was the only remaining suitable property within the city limits of Cape Girardeau. He further explained that their existing property would be expanded from the present 4 acres to the needed 8 acres. So why did they buy 53.7 acres when they needed 8 acres? What are the future plans for the balance, 45.7 acres? What commercial or religious complexes are going to be forced upon the neighbors by the church and city? If they needed only 8 acres for the complex then why didn't they buy 8 acres? I would think that they could find an 8 acre tract of land within the city limits that would not cause the problems that they have created and would be suitable for their use. He also stated that they have 55 employees. Does it take 55 employees to run this church? Or are these employees involved in other enterprises disguised as religious non-profit, such as their mail order business that is advertised on TV, their day care or the retail sales department at Freedom Rock. Some churches have evolved into commercial enterprises under the shelter of religious non-profit organizations thus allowing them to take advantage of the law, the cities and the tax paying neighbors. This I believe could be a prime example of this abuse. Every aspect should be monitored and every detail investigated closely by the city and other agencies throughout the life of the complex and through every requested addition. By allowing the above Special Use Permit the City of Cape Girardeau will not be protecting the R1 Zoning and rights of the property owners in this area. 1. The proposed First Assembly of God Church complex will have a minimum of 55 employees. 2. The proposed First Assembly of God Church complex will create a large volume of traffic that will increase traffic hazards, congestion and could place unnecessary demands on the Police Department to provide traffic control. See the attachment. 3. The proposed First Assembly of God Church complex will have regular deliveries by trucks and / or cars. 4. The proposed First Assembly of God Church is a non-profit religious organization will create a large complex in an R1 zoned area. 5. The proposed First Assembly of God Church will create a large complex that will adversely affect the character of the neighborhood. 6. The proposed First Assembly of God Church complex will place an additional demand in a residential area on the utility infrastructures and streets. This could cause construction thus creating unnecessary cost to the city. The construction would be an inconvenience to the residents, could damage their property and could cause an unnecessary expense for the existing property owners. 7. In the event of a fire or need for medical attention the traffic congestion would make it very difficult or impossible for rescue vehicles to respond placing property and life in jeopardy. The traffic W congestion created by this complex could cause the death of someone. Who will be responsible, the city or the church? 8. The proposed First Assembly of God Church complex could damage property values leaving the City of Cape Girardeau liable to the existing property owners for their losses. Who will be responsible, the city or the church? 9. Granting the Special Use Permit will allow them virtually unlimited rights in the future to do as they wish. 10. If the city should decide that Old Hopper Road or other roads need to be widened to accommodate the traffic or that new streets need to be created the existing property owners would be charged for this expense thus subsidizing the tax exempt complex, taking part of the owner's usable land and causing an undue burden on the existing property owners. 11. Unlike an R1 subdivision, a complex of this size will require heavy equipment for its construction and the construction will continue for an extended period of time. During this period of time the existing property owners will be inconvenienced and will be subjected to the noise and mess of the construction. Allowing a construction entrance on Old Hopper Road is a poor decision as Old Hopper Road is narrow, winding and may suffer damage due to the weight of the heavy equipment transported on it. This would also cause a dangerous situation on Old Hopper Road. 12. If Freedom Rock is located at this complex then we can assume that their retail sales department and inventory will be located there also. We understand that in the past there were problems controlling their youth and the church supplied security to control them. Will security be supplied at this complex for control or will the youth be allowed to do as they wish? 13. As advertised on TV, the First Assembly of God Church has a mail order business. We can assume that this business and inventory will also be located at the proposed complex. The purpose of zoning is to define an area for a specific use. Before people invest in property for their home they research the zoning of the area to be assured that their property will be protected now and in the future. By issuing this Special Use Permit the city will be going against the purpose of zoning, will not be working for the best interests of the existing property owners, will not be protecting the interests and rights of the existing property owners and city has betrayed the trust of the people. This Special Use Permit would be same as allowing a Special Use Permit for a commercial complex in this R1 zoned area, it goes against the existing zoning, goes against the people and betrays the trust that the people have placed in the city. This should not be allowed near or in an area that is zoned Residential, especially Rl . We are very much opposed to this Special Use Permit in its entirety as we feel this is a commercial enterprise disguised as a non profit religious organization. We know that the Planning and Zoning Commission has recommended the passage by the City Council with limits to only a church, a day care center, parking lot, permanent entrance on Hopper Road and temporary construction entrance on Old Hopper Road that must be closed upon the opening of the church. If this complex is allowed by the City Council then it should be further limited to: 1. Church only. 2. Parking Lot limited to 358 cars with restriction on lighting times. V 3. One entrance on Hopper Road for the construction entrance and the church entrance after completion 4. No additions, deviations or improvements to the church, parking lot or property until the Vantage Drive extension is completed to the complex from the South and extends past the complex to the North. 5. If additions are allowed to the complex after the completion of Vantage Drive they should be closely evaluated by the City and the neighbors as if they are commercial, what impact will it have on the neighborhood and will it create traffic congestion. 6. No illuminated or non illuminated signs should be allowed as this is an R1 residential area. The day care center is a commercial business that is open to the public and should be regulated and taxed as other day care centers. This should not be allowed on the complex, as it is commercial. Furthermore, a day care should be regulated by the State of Missouri day care professionals to insure the health and welfare of the children and to insure the proper ratio of children per day care provider. The use of a temporary construction entrance on Old Hopper Road will create a dangerous situation and could damage Old Hopper Road. Furthermore, everything that is temporary has a tendency to become permanent. The parking lots should be limited to 358 cars. This would create the same amount of traffic as subdivision would create for a rush hour. The CJS Constitution guarantees freedom of religion but it does not guarantee a day care center, an J amphitheater, a recreational center, a learning center, a parking lot, a lake, a walking path or a I , �•! broadcast station. Nor does it guarantee commercial businesses disguised as non-profit religious enterprises. It certainly does not state that the tax -paying resident of a neighborhood should be forced by the government to accept this as a neighbor. S incerel rake J. Kambitch Jean M. ambitch Special Use Permit Application First Assembly of God Church Letter from Drake J. Kambitch addressed to Cape Girardeau City Council dated August 1, 2001 Attachments to letter are available for inspection in the Office of the City Clerk n RECEIVED AUG - 3 2001 Steve & Mary, Brianna(13), Adam(9), & Chleo(6) LeGrand 3618 Old Hopper Rd. Cape Girardeau, MO 63701 July 31, 2001 Mayor & City Council P. O. Box 617 Cape Girardeau, MO 63701 Dear Mayor & Council Members: I am a resident on the old section of Hopper road and have been for the past I 1 years. This letter is to voice my continued opposition to the proposed rezoning/special use permit for the First Assembly of God Church in the 3700 block of Hopper Rd. I was in attendance when the Planning and Zoning Committee made their recommendation on this special use. I take specific exception to two of their recommendations. The first is the construction entrance to the property. P & Z recommended allowing a temporary entrance onto Old Hopper Road at one of the most dangerous curves in the road. Even though the entrance is to be closed upon completion of the construction, any construction traffic on Old Hopper Road would make an already perilous road a potential death trap to residents and children. Another concern with this proposed construction entrance is that the substrate of Old Hopper is almost entirely asphalt. The daily travels of heavy equipment will deteriorate this material in a matter of months and contribute to the hazards to the residents. The second recommendation that I take issue with is the allowance of a commercial entity to be constructed with the Church. The proposed day care is open to the general public and is specifically run to generate revenue for the Church. It is not restricted to only congregation members or just during services. This constitutes a fully operational business designed for profit to be located in a R-1 zoned area. This is spot zoning! A day care does not in any way further the religious purpose of a Church. It's just a way for them to make money. The day care currently has close to 100 children. If you calculate the 55 employees of the Church, along with parents dropping children off and picking them up each day, this funnels an r) r) additional 500 cars each day through the neighborhood. As business grows, so will the number of cars traveling through our neighborhood streets. My children still have a lot of growing to do and I would like them to do that growing in a neighborhood free from danger. Placing a commercial business in the middle of their neighborhood constitutes a tremendous danger. In the past, it has been the practice of the Council to oppose `spot zoning' for obvious reasons. This proposed special use would place a very large and heavily used commercial organization right in the middle of a residentially zoned area of town. I am asking the Council to use the same good judgment as the have in the past and oppose this spot rezoning of the 3700 block of Hopper Rd. Thank you for your consideration in this matter. Sincerely, Steve Le nd Mary LeGrand Brianna LeGrand Adam LeGrand a4� 0& �7A&,7� Chleo Ctieene L qEjMkjED AUG -- 120Q). I would like you to know that as a tax paying citizen of Cape Girardeau that I adamantly oppose the building of the Assembly of God church and its additions on Kage Road. Please take into consideration when you vote that this is a residential area and the thought of their full plans coming to fruition would not be healthy for our neighborhood. Thank you. W I would like you to know that as a tax paying citizen of Cape Girardeau that I adamantly oppose the building of the Assembly of God church and its additions on Kage Road. Please take into consideration when you vote that this is a residential area and the thought of their full plans coming to fruition would not be healthy for our neighborhood. Thank you. r) n July 31, 2001 Al Spradling City Council C/o City Hall 4011ndependence Cape Girardeau MO 63701 Dear Al: UC FIVE13 ,AU - 3 200 I am writing you to let you know I am OPPOSED to First Assembly's plans to relocate their church to my neighborhood. Please keep our residential neighborhood a residential neighborhood. Thank you. F& Sincerely Sharon J Sim ons 3814 Valley View Lr Cape Girardeau MC [:�cMM r) July 31, 2001 Jay Purcell City Council C/o City Hall 4011ndependence Cape Girardeau MO 63701 Dear Jay: ,j KEIVED A - 3 2001. I am writing you to let you know I am OPPOSED to First Assembly's plans to relocate their church to my neighborhood. Please keep our residential neighborhood a residential neighborhood. Thank you. Sincerely Sharon J Si mons 3814 Valley View Ln Cape Girardeau MO 63701 From: Form Mai l(EDshowme.net jmal Ito: Form Mai 10-showme.netl<malIto: [mai Ito: Form Mal l(a�showme.netl> Sent: Sunday, August 05, 2001 4:01 PM Denton, Walter bject: City Comments Below is the result of your feedback form. It was submitted by (Form Mail r. c'D_showme.net) on Sunday, August 5, 2001 at 16:01:08 Name: Benjamin H. Yuen Address: 3913 Brentwood City: Cape Girardeau State: MO ZIP: 63701 Phone Number: 573-3357933 EMail: hemonc(a)clas.net Comments: I would like to voice my opposition to the building of a day care center and church by the First Assembly of God Church at the location it was proposed. (1) This will seriously affect the life quality of residents who are now living there. The noise level, car exhaust and waste will be very problematic. (2) It will also cuase serious safty problems for children in the neighboring areas due to the markedly increased traffic. (3) Neagive ecologic impact to the trees, other plants and the existing animal habitats. I doubt whereelse the deers and rabbits can go? bmit: Submit CITY OF CAPE GIRARDLAU Office of the City Manager Council Letter No. 209 Agenda August 6, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members Subject: Public Hearing and Ordinance on Proposed Property Tax Rates for Fiscal Year Beginning July 1, 2001. This item provides for the holding of an advertised public hearing and the consideration of an ordinance that would establish the property tax rate for the City of Cape Girardeau for the fiscal year beginning July 1, 2001. This public hearing and ordinance are done each year in accordance with statutory requirements, which have been established for the setting of the property tax rates for local governments. In June, the City Council approved an ordinance that adopted the budget for the current fiscal year. The adopted budget contained a proposed tax levy which would meet the requirements of the city and constitutional and statutory requirements for the establishment of a tax rate. The proposed tax levy per $100 of assessed valuation is set at $.65. This would be a rate of $.32 for the General Fund, $.06 for the Health Fund, $.10 for the Debt Service Fund and $.17 for the Library Fund. These are the same rates as set last year. The city's current assessed valuation is $406,126,867. The total property tax revenue was estimated to be $2,381,329. �il The city will also be setting the tax rate for Special Business District No. 2, which is composed of primarily the Downtown area. The proposed tax levy for this area will be $.79 per $100 of assessed valuation. This is the same rate as set last year. The amount of money raised from this levy, approximately $14,500, will be utilized for various improvements within the Special Business District area. Under current state law, the State Auditors Office is responsible for calculating the allowable property tax rates for each political subdivision. These calculations and the allowable property tax rates normally are received between the scheduled August City Council meetings each year. Therefore, there is a slight possibility that the tax rates originally proposed by the adopted budget would have to be adjusted. Any adjustments could be made by amending the attached ordinance on the second and third readings. In order to complete the fiscal requirements of the current budget year, it is recommended that the City Council hold the advertised public hearing and give first reading to the attached ordinance which would implement the tax rates for the current fiscal year. Respectfully submitted, jE chbourg rector Mier er MGM:gc u W CITY OF CAPE GIRARDEAU, MISSOURI NOTICE OF PUBLIC HEARING A public hearing will be held August 106, 2001, at 7:00 p.m. at City Hall, 401 Independence Street, at which time citizens may be heard on the property tax rates proposed to be set, by the City of Cape Girardeau, Missouri. The tax rates shall be set to produce substantially the same revenues which the budget for the fiscal year beginning July 1, 2001, shows to be required from the property tax. Each tax rate is determined by dividing the amount of revenue required by the current assessed valuation as provided by Subsection 3 of Section 137.245 RSMo. The result is multiplied by 100, so the tax rate will be expressed in cents per $100 valuation. Assessed Valuation (by Categories) Real Estate Personal Property Railroad and Utility TOTAL Fund General Fund Health Fund Debt Service Fund Library TOTAL July 22, 2001 n Current Tax Year Prior Tax Year 2001 2000 $296,550,450.00 $268,170,210.00 89,474,686.00 87,280,450.00 20,101,731.00 18,858,127.00 $406,126,867.00 $374,308,787.00 Amount of Property Proposed Tax Tax Revenues Rates for 2001 Budgeted for 2001 (per $100) $1,215,886.00 $0.32 227,979.00 $0.06 379,964.00 $0.10 557,500.00 $0.17 $2,381,329.00 $0.65 City Council of Cape Girardeau, Missouri By: Gayle Conrad, City Clerk CITY OF CAPE GIRARDEAU, MISSOURI SPECIAL BUSINESS DISTRICT NO.2 NOTICE OF PUBLIC HEARING A public hearing will be held Monday, August 06, 2001 at 7:00 p.m. at City Hall, 401 Independence Street, at which time citizens may be heard on the real property tax rate proposed to be set for Special Business District No. 2 by the City Council of the City of Cape Girardeau, Missouri. The tax rate shall be set to produce substantially the same revenue which the budget for the fiscal year beginning July 1, 2001, shows to be required from the real property tax. The tax rate is determined by dividing the amount of revenue required by the current assessed valuation. The result is multiplied by 100 so the tax rate will be expressed in cents per $100 valuation. Assessed Valuation (By Categories) Real Estate Amount of Tax Revenue In Proposed Budget $14,500.00 July 22, 2001 Current Tax Year Prior Tax Year 2001 2000 $2,294,080.00 Proposed Tax Rate for 2001 (per $100) $0.79 $2,097,310.00 City Council of Cape Girardeau, Missouri By: Gayle Conrad, City Clerk 5-01 �61 �L� CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 198 Agenda: August 6, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Citizen Appearances Dear Mayor and Council Members: Attached is a facsimile received from Michael Shawn Cassidy requesting to appear before the City Council regarding gun control. Mr. Cassidy also called the office and requested to appear before the City Council; however, id not provide any additional information. Mr. Cassidy will be at the Council meetinn Monday evening. Respectfully submitted, Michael G. Miller. City Manager �01 JUL-19-21 02:19 PM Primerica Flnanlal Ser" 3145271962 P.01 f 794 I'tluoo C(# 9 I'evcl?, MO 63070 636.479 7791 l�i .<',., i?r.�hd1.,f�:�1{1p/11U���+L► )I 1 , 1� }i;� I�h.,+ 1� l .: t� G •. To: Ma) or and Cit) C OMICil of C dlIC Fax: 573 335.7946 Wrardcuu, MO. From: Michacl Shawn Cassidy Date: 7/19/2001 Re: RcyuC-1 to speak to Council Pages: 1 CC: M. Shawn C'aesid) O Urgent X For Review O Please Comment O Please Reply O Pktase Recycle ,f , 1 I � t �hwpuld like to talk bclore the ('it) Council on August G" about -un control. I will take no t t� h i`, i five minutes of the Councils lilac and will answer any questions that thr Council might Thankou, SUM C a,�sid) r) �o ['a'-] w CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 190 Agenda July 16, 2001 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Ordinance Accepting General Warranty Deeds and Temporary Construction Easements from DSW Development Corporation, Drury Land Development Corporation, Drury Development Corporation, Bluff City Beer Company, and Eugene and Marsha Holloway for the Widening of Siemers Drive between Campster Drive and Bloomfield Road This Ordinance accepts General Warranty Deeds and Temporary Construction Easements that are needed for the widening of Siemers Drive between Campster Drive and Bloomfield Road. This project includes the widening of Siemers Drive from 32 -feet wide to 48 -feet wide, with turning lanes. This project is one of the Transportation Trust Fund II projects. DSW, Inc. is constructing this improvement through a development agreement with the City. The attached Ordinance would accept these Deeds and Easements for the City of Cape Girardeau. This ordinance is on your Agenda for your consideration for first reading. Respe fully Submitted, ent ratton City P anner Michael G. Miller City Manager BILL NO. 2"C1-149 ORDINANCE NO. AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS AND I'LMPORARY CONSTRUCTION EASEMENTS FROM DRURY LAND DEVELOPMENT CORPORATION, DRURY DEVELOPMENT CORPORATION, DS\\% DEVELOPMENT CORPORATION, BLUFF CITY BEER COMPANY, AND EUGENE AND MARSHA HOLLOWAY FOR THE WIDENING OF SIEMERS DRIVE BETWEEN CAMPSTER DRIVE AND BLOOMFIELD ROAD BE Ih ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOy'S: ARTICLE 1. The Citi- of Cape Girardeau, Missouri hereby accepts a General Warranty Deed esecutcd by DSW Development Corporation convening to the Citi- of Cape Girardeau, Missouri prope rtv for the widening of Siemers Drive between Campster Drive and Bloomfield Road, more particularly described as follows, to -wit: Paf;(- 1 )i 14 A PART OF UNITED STATES PRIVATE SURVEY NO. 175, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the southwest corner of Cape West First Subdivision as recorded in the land records of the County Rccurder's Office in plat book no. 16 at page no. 55, from which point the southeast corner of said subdivision bears, N 74'33'48" E, 260.00 feet; Thence S 74'33'48" \V1, 60.00 feet to a point on the west right of wan line of Siemers Drive and the TRUE POINT OF BEGINNING; Thence along said right of way the following courses and distances: N 15`26' 12" W, 572.10 feet tO the beginning of a curve concave to the southR est having a ccntr.tl angle of C'6'18'48" and a radius of 970.00 feet; Thence along said curve in a northwesterly direction, 106.88 feet; Thence N 21°45' 00" W, 226.41 feet to the beginning of a curve concave to the �outh%vcst having a central angle of 90'00'01- 111d3 radius of 20.00 feet; Thcnce along said curve in a northwesterly and southv,-esterly direction, 31.42 feet to a point on the south right of «av of Richmond Driye; Thence along sand right of v. -ay, S 68`15' 00, W, 10.00 feet; Thence leaving said right of way, S 66 45'10'0" E, 28.28 feet; Thence S 21'45'00" E, 226.41 feet to the heginning of a curve concave to the ;outliwest having a central angle of 06'18'48" and a radius of 960.00 feet; Then((, along said curve in a southeasterly direction, 105.78 feet; Thence S 15°26' 12" E, 709.81 feet to the beginning ()f,j curse concx,'(, to the northeast having a central angle of 15-59'22" and a radius of 740.00 ieet; Thence along said curve in a southeasterly direction, 206.51 feet to the beginning of a compound curve concave to the north. est having a central angle ()1 87'74' 35" and a radius of 120.00 feet from which point a radial line bears S 58'34' 25'' \V; Thencc along said curve in a southeasterly and southwestcrlv duecu r:, 184.12 lcct tO a on the n,,rth right o1 wad of Bloonlicld Road; Thence along paiI rPh, ht of way N 56 -2`)' -, -- ' h., 1 43 ieet u) the beginning of a curve concave to the "�,. n<,rth«�e,t having a central angle of �l„"')., �� and a radius (,f ?:,."0 feet; Thence along said Paf;(- 1 )i 14 curve in a northeasterly and northwesterly direction, 31.42 feet to a point on the west right of way of Siemers Drive; Thence along said right of way the following courses and distances: N 1 -1, NV 08.(>) feel to the be;;111I11ng A a QUIVe Ci,llcdye to the Southeast haying a cClltr.11 ngle of 18`04' 48" and a radius of 730.00 feet; Whence along said curve in a nonhwesterly direction, '30.35 feet; Thence N 1426' 12" W, 137.71 feet to the TRUE POINT OF BEGINNING, containing 0.39 acres nlorr )I less. (16,887.83 square feet ALSO: A PART OF UNITED STATES PRIVATE' SURVEY NO. 175, TOW"NSHIP 30 NORTH, RANGF 1 , h=AST OI� TI IF FIFTI I PKINCIPAI \1ERIDIAN, CLhY AND COUNTY OF CAPL GIRAKDEAVi STATE OF 'MISSOURI. BEING MORE PARTICULARLY DISC RIBFD _'vS F-01-1 (-)W : Beginning at the southwest corner of Cape West First Subdivision as recorded in the land records of the Count" Recurder's Olfiec in plat boot; no. 10 It page no. 55, lrom which point the ovutlle.tot cul IICI U1 0J subdly mull hello, N 77 48 L, 26—v� feet; I hcuce alollg the south line of said subdivision, N 703Y 48" E, 10.00 feet; Thence leaving said south line, S 15 2t)' 12" 1-:, 1_')7 -,I feet to the beginning ,f a curvy° concave to the northeast having a central angle of 10'46' 32" and a radius of 660.00 feet; Thence along said curve in a southeasterly direction, 124.13 feet; Thence S 74°51' 52" F. 30.03 feet to a point on the northerly right of %vas ,f Capcwcst Parkway, Thence along ,aid right of way, S 56°29' 00" W, 10.08 feet tu the beginning of a curve concave to the northeast haying a central angle 97°11' 29" and a radius of =00 feet; 1 hence along said curve in a csterly and northwesterly direction, 33.93 feet to a point on the cast right of way- of SienwK D Avc and the beginning of a compound curve concavc t', the having ., central 10 53, 19" and a radius of 670.00 feet: Thence along said curve and right 4 way in a northcastcrly direction, PT3 3 00; Thence N 15-26'12" �\' 1 3771 feet t()the 1 KL�I. Pt �I � 1 ( )I- BEGINNING, containing 0.07 acres mora or less. (_x,002.7,'`, square feet) ALSO: A PART OF UNITED STATES PRI%7ATE SURVEY NO. 175, TONVNSHIP 30 NORTH, RAM,F 13 EAST OF TIIE FIFTII PRINCIPAL MERIDIAN, CITY AND COUNTY OF t :SPI t;IKARDh:AU. SI AIF >1= -RI, BFING MORE PAKTIC1"L:1RLY DESCKIBI::D AS FOLLOWS: All of the % est 10.00 feet of DAN1v 4 d (.Ipu A est First Subdivision as recorded in the land 1:-Id—,1 floc �,trullt- Re'OA&I l L) kk III j& kh,h IPU. 16 at page nu. 55, onnaming v...i-} arra Iii, ,r le)s. (1,847.00 square nn ALSO: :A PART OF UNITED STATES PMVATF SURVEY NO. 175, TOWNSHIP 30 NOK'hH, KA IF 13 I -::15T OF "I'l il-, FII:'II I IPAI MEKIDMN, CITY :,vNl) (:( )L�NIY OP t ._�1'I. t ,1K_1KDI:A[ S] ATE f; <>I �II6�t >l KI, f;I:ING MORE PAK�l IC;I�I.AKLY I�I�:S<'KII�I:D AS FOLLOy�'S V All of the west 10.00 feet of Lot No. 3 of Cape West First Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 16 at page no. 55, containing 0.04 acres more or less. (1,847.00 square feet) ALSO: A PART OF UNITED STATES PRIVATE SURVEY NO. 175, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: All of the west 10.00 feet of Lot No. 2 of Cape West First Subdivision as recorded in the land records of the County Recorder's Officc in plat book no. 16 at page no. 55, containing,. -'4 acres more or less. (1,847.00 square feet) ALSO: A PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FII=TH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the southeast corner of Lot No. 3 of Cape West Seventh Subdivision as recorded in the land records of the Countv Recorder's Office in plat book no. 18 at page no. 65; Thence along the south line of said lot, S 68'15' 00" W, 535.00 feet to the TRUE POINT OF BEGINNING; Thencc leaving said south line, S 21'45' 00" E, 764.08 feet; Thence S 66'45' 00" E, 28.28 feet to a point on the north right of way of Richmond Drive; Thence along said right of wav, S 68'15'00" W, 10.00 feet to the beginning of a curve concave to the northeast having a central angle of 90'00' 00'' and a radius of 20.00 feet; Thence along said curve in a southwesterly and northwesterly direction, 31.42 feet to a point on the east right of way of Siemers Drive; Thence along said right of way, N 21'45' 00" W, 764.08 feet; Thence leaving said right of way, N 68'15' 00" E, 10.00 feet to the 'TRUE POINT OF BEGINNING, containing C.18 acres more or less. (7,954.92 square feet) ALSO: A PART OF UNITED ShATES PRIVATE SURVEY NO. 309,, TO "NSI -III' 30 NORTH, RANGE 13 EAST OF THE FIFTI I PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the southwest corner of Cape West Seventh Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 18 at page no. 65; Thence along the south line of said subdivision, N 68'15' 00" E, 511.33 feet to the TRUE POINT OF BEGINNING; Thence leaving said south line, S 21°45'00" E, 764.08 feet; Thence S 23'15' 00" W, 2828 feet to a point on the north right of way of Richmond Drive; Thence along said right of way, N 68'15' 00" E., I, CC feet to the beginning of a curve concave to the northwest having a central angle of 90''00' and a radius of 20.00 feet; Thence along said curve in a southwesterly and northwesterly direction, 31.42 feet to a point on the west right of ,vaN' of Sietncrs Drive; Tlwnce along said right of way, N 21'45' C," W, 764.,8 1cc°t t() a point on Ill(. Page 3 of 14 south line of said subdivision; Thence leaving said right of way and along said line, S 68° 15' 00" W, 10.00 feet to the TRUE POINT OF BEGINNING, containing 0.18 acres more or less. 0,954.94 square feet) ALSO: A PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TO\X NSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the northwest corner of Lot No. 7 of Cape West Seventh Subdivision a'� recorded in the land records of the County Recorder's Office in plat book no. 18 at page no. a5: Thence along the north line of said lot, S 79°44'47" E, 175.14 feet to the TRUE POINT OF BEGINNING; Thence continuing along said north line, S 79°44'47" E, 10.19 feet to the beginning of a curve concave to the southwest having a central angle of 78°51'40" and a radius of .00 feet; Thence along said curve in a southeasterly direction, _27.53 feet to a point on the west right of wad• of Siemers Drive; Thence along said right of way, N 04'12'11 " E, 99.13 feet to the point of cusp with a curve concave to the northwest having a central angle of 97°00'36" and a radius of 20.00 feet, from which point a radial line bears N 86°45'23" W; Thence leaving said right of way and along said curve in a southwesterly and northwesterly direction, 33.86 feet; Thence S 09°47'20" W, 60.00 feet to the TRUE POINT OF BEGINNING, containing 0.0.1 acres more or less. (1,684.67 square feet) ARTICLE 2. The City of Cape Girardeau, Missouri hereby accepts a General Warranty Deed executed ht Bluff Cite Beer Company to the Cit% of Capc Glrat-deaU, VIis�uuri propert� f(,r the widening of Siemers Dr -1,,,(! bct%vccn Campster Drive and Bloomfield Road, more particularly described as follows, to -wit: A PART OF UNITED STATES PRIVATE SURVEY NO. 175 and NO. 3090, TOWNSHIP K NORTH, RANGE 13 FAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING -MORE PARTICULARLY DESCRIBED AS FOLLOWS: All of the west 10.00 feet of Lot No. I of Cape West First Subdivision as recorded in the land rcc':ud" of the County Recorder's Office in plat book no. 16 at page no. 55, containing 0.04 acres inure or less. (1,784.48 square feet) ARTICLE 3. The City of Cape Girardeau, Missouri hereby accepts a General Warranty Deed cXccuted by Eugene Holloway and Marsha Holloway conveying to the City of Cape Girardeau, 1lissuuri property for the widening of Sicincrs Dri%'(:het%vccn Campster Drive and Bloomfield Road, niorc particularly described as follows, t,)-% it: A PART OF UNITED STATES PRIVATE SURVEY NO. 175 AND NO. 3090, 1 ()\V'NSIIIP 30 NORTI 1, RANGE 13 EAST OF 'I'l IE FIFTH PRINCIPAL MERIDIAN, C:I'I'Y AND COUNTY OF CAPI-: GIRARDF,AU, STATE OF MISSOURI, BEING MORE - 1),% R'J'J( I 'I 'A, R I OREP:AR'I'I(:I'I:',RI Y DI:RI1,1:D :�S FC3I.L(-)\XlS BCglnIling dt the S"UTIiW(-A C()rncr A Lot No. 15 oI (gape West fourth Subchvision as recorded III the land rccords of the Count., ICccordcr's Office in plat book no. 17 at page no. 16; Thence ,a:',n Ula ed't rll;ht (1 ..'a;.' ): �1�.':;:: r i I)rl'.'.', N 21 4� ,,,, A\ , 18�..,.. 1(' ,t io the bcginlilli- A a Pad,(' 4 4 14 curve concave to the southeast having a central angle of 90°00' 00" and a radius of 20.00 feet; Thence along said curve and right of way, to a northwesterly and northeasterly direction, 31.42 feet to a point on the south right of way of Richmond Drive; Thence along said right of nay, N 68015' 00" E, 10.00 feet; Thence leaving said right of way, S 23°15' 00" W, 28.28 feet; Thence S 21'45' 00" E, 180.00 feet to a point on the south line of said Lot 15; Thence along south feet to the TRUE POINT OF BEGINNING, containing 0.05 acres more or less. (2,114.16 square feet) ARTICLE 4. The City of Cape Girardeau, Missouri hereby accepts a General Warranty Deed executed by Drury Land Development Corporation conveying to the City of Cape Girardeau, iVIissouri propert.y for the widening of Siemers Drive between Campster Drive and Bloonificld Read, more particularly described as follows, to -wit: A PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 FAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the southwest corner of Cape West Seventh Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 18 at page no. 65; Thence along the south line of said subdivision, N 68°15' 00" E, 511.33 feet to the TRUE POINT OF BEGINNING; Thence leaving said south line, N 21°45'00" W, 348.05 feet to the beginning of a curve concave to the southwest having a central angle of 21°16'31" and a radius of 623.15 feet; Thence along said curve in a northwesterly direction, 231.39 feet; Thence N 89°03'21" W, 28.79 feet to a point on the south right of way of Lowes Drive; Thence along said right of way, N 44°54'48" E, 10.01 feet to the begmntng of a curve concave to the southwest having a central angle of 92`21'40" and radius of 20.00 feet; Thence along said curve in a northeasterly and southeasterly direction, 32.12 feet to a point on the west right of way of Siemers Drive and the beginning of a compound curve concave to the southwest having a central angle of 21°18'32° and a radius of 633.15 feet, from which point a radial line bears S 46"56'28" W; Thence along said curve and right of way in a southeasterly direction 235.47 feet; Thence continuing along ,aid ri ht of -vay line S 21°45'02" L, 348.05 feet to a point on the s��ut't1 line of said subdivision; Thence along said south line S 68°15'00" W, 10.00 feet to the TRUE- POINT RUEPOINT OF BEGINNING, containing 0.14 acres more or less. (6,143.60 square feet) ALSO: A PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRAXDEh AU, STATE OF MISSOURI, BUNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the northwest corner of Lot No. 5 of Cape Wcst Seventh Suhdi� inion a� recorded in the land records of the County Rccordcr's Office in plat book no. I8 at page nu. 65; Thence along the north line of said lot and the prolongation of said line, N 68`15' 317.72 feet to the TRUE POINT OF BEGINNING; Thence continuing along the prolongation of tiaid north line, N 68''15'00° E, 10.67 feet to the beginning of a nrm-Lament curve cuncavr t', the il,rtlteast having a central angle of 10'37'10" and a radius of 732.22 feet, said point ,n the %vest right of way of Sierrx•r� Drive and from which a radial line hears Pav,t- 5 ()f 14 N 61°32'05" W; Thence along said curve and right of way, 211.77 feet; Thence continuing along said right of wav S 45'05'12" E, 78.30 feet to the beginning of a curve concave to the west having a central angle of 90°00'00" and a radius of 20.00 feet; Thence along said curve in a southrasterly and southwesterly direction, 31.42 feet to a point on the North right of way of Lowes Drive; Thence along said right of way S 44°54'4S" W, 10.00 feet; Thence leaving said right of way N 00°05'12" W, 28.28 feet; Thence N 45°05'12" W, 78.30 feet to the beginning of a curve concave to the northeast having a central angle of 16°42'44" and a radius of 740.00 feet; Thence along said curve in a northv-esterly direction, 215.85 feet to the TRUE POINT OF BEGINNING, containing 0.07 acres more or less. (3,235.29 square feet) ALSO: A PART OF UNITED STATES PRIVATE SURVBEY NO. 3090, TOWNSHIP 30 NORTH, R_�NGE 13 EAST OF THE FIFTH PRINCIPAL iv1ERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLO`y'S: Commencing at the southeast corner- of Lot No. 3 of Cape West Seventh Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 18 at page no. 65; Thence along the south line of said lot, S 68°15' 00" W, 535.00 feet to the TRUE POINT OF BEGINNING; Thence leaving said south line, N 21°45' 00" E, 348.05 feet to the beginning of a curve concave to the southwest having a central angle of 23'20'12" and a radius of 703.15 feet; Thence along said curve in a northwesterly direction, 286.39 feet; Thence N 45°05'12" W, 156.61 feet to the beginning of a curve concave to the northeast having a central angle of 23°20'12" and a radius of 660.00 feet; Thencc along said curve in a northwesterly direction 268.82 feet; Thence N 21°45'00" NXT, 97.69 feet; Thence S 68°15'00" W, 10.00 feet to a point on the east right of way of Siemers Drive; Thence along said right of v-av the follov-in,; courses and distances: S 21°45'00" E, 97.69 feet to the beginning of a curve concave to the northeast having a central angle of 2)'20'12" and a radius of 670.00 feet; Thence along said curve in a southeasterly direction, 272.89 feet; Thence S 45'05'12" E, 156.61 feet to the beginning of a curve concave to the southwest haying a central angle of 23'20'12" and a radius of 693.15 fcct; Thence along sari curesL. in a southeasterly dincCtloll, 282.32 feet; Thuncc S 21045'00" E, 348.05 feet to the southwest corner of said Lot No. 3; Thence leaving said east right of way and along the south line of said Lot No. 3, N 68°15'00" E, 10.00 feet to the TRUE POINT OF BEGINNING, containing 0.27 acres more or less. (11,575.60 square feet) ALSO: -� PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOV"NSHIP 30 NORTI1, RANGE 13 EAST OF TI -IE FIFTI I PRINCIPAL. AlERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATH OF MISSOURI, BEING MORE. PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the northwest corner of Lot No. 7 of Cape %Vct Seventh Subdivision as recorded in the land records of the Count}' Recorder's Office in plat book no. 18 at page no. along the north line of 'aid 1ut, S 79`44'47" 1:, 175.14 fcct to the TRUE POIN'1 OF BI-.GINNIN'G,- 'I'hcricc continuing along said north line, S 79°44'47" E, 10.19 feet to the beginning of a curve concave to the s,,uthwest having; a central angle of 78°51'40" and a radius 0,_ �� fc,t; nc�ncalong �.oil o ur . n u,ut}iauto rl: din_uu, ?7.51 ��ct to a paint ,n t. P'w. () -,f 14 west right of way of Siemers Drive and the beginning of a compound curve concave to the northeast having a central angle of 20°51'53" and a radius of 709.01 feet, from which point a radial line bears N 89°06'53" E; Thence along said curve and said right of vvav in a southeasterly direction, 258.19 feet; Thence continuing along said right of -, av, S 21°45'00° E, 543.70 feet to the beginning of a curve concave to the northwest having a central angle of 90°00'00" and a radius of 20.00 feet; Thence along said curve in a southeasterly and southwesterly direction, 31.42 feet to a point on the north right of wav of Lambert Drive; Thence along said north right of way S 68°15'00" W, 10.00 feet; Thence leaving said right of way, N 23°15'00" E, 28.28 feet; Thence N 21°45'00" W, 543.70 feet to the beginning of a curve concave to the northeast having a central angle of 21°01'03" and a radius of 719.01 feet; Thence along said curve in a northwesterly direction, 163.75 feet, Thence N 40`'1422" \y', 25.45 feet to the TRUE POINT OF BEGINNING, containing 0.20 acres more or less. (8,605.05 square feet) ALSO: A PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the northeast corner of Lot No. 2 of Cape West Seventh Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 18 at page no. 65; Thence along the north line of said lot and the prolongation of said line, N 86°45'23" W, 143.00 feet to the TRUE POINT OF BEGINNING; Thence continuing along the prolongation of said north Line, N 86°45'23" W, 10.03 feet to the beginning of a curve concave to the southeast having a central angle of 94033'33" and a radius of 20.00 feet; Thence along said curve in a northwesterly and southeasterly direction, 33.01 feet to a point on the cast right of way of Siemers Drive and the beginning of a compound curve concave to the northeast having a central angle of 20°26'04" and a radius of 649.01 feet, from which point a radial line hears N 88°41'04" E; Thence along said curve and said right of way in a southeasterly direction, 231.47 feet; Thence continuing along said right of way, S 21°45'00" E, 194.97 feet; Thence leaving said right of way, N 68°15'00" E, 10.00 feet; Thence N 21°45'00" W, 194.97 feet to the beginning of a curve concave to the northeast having a central angle of 20°21'38" and a radius of 639.01 feet; Thence along said curve in a northwesterly direction, 227.08 feet; Thence N 45°55'37" E, 29.40 feet to the TRUE POINT OF BEGINNING, containing 0.11 acres more or less. (4,590.24 square feet) ARTICLE 5. The City of Cape Girardeau, Missouri hereby accepts a General Warranty Deed e ecutcd by Drury Development Corporation conveying to the City of Cape Girardeau, Missouri property for the widening of Siemers Drive between Carnpster Drive and Bloomfield Road, more particularly described as follow,,, to -wit: A PARI' OF UNITED S'KA'TES PRIVATE SURVEY NO. 3090, "TOWNSHIP 30 NOR"TH, RANGE 13 EAST OF 'THE F'IF'TH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE: GIRARDEAU, SKATE OF MISSOURI, BEING MORE PARI ICULARLY DESCRIBED AS 1r0I,LOWS: Page7414 Commencing at the northwest corner of Lot No. 5 of Cape West Seventh Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 18 at page no. 65; Thence along the north line of said lot and the prolongation of said line, N 68°15' 00" E, icct to the beginning of a non -tangent curve concave to the northeast having a central angle of 06°37'27 and a radius of 740.00 feet, from which point a radial line bears N 61°37'33" E, said point also being the TRUE POINT OF BEGINNING; Thence leaving said prolongation and continuing along said cure in a northwesterly direction, 85.55 feet; Thence N 2145'00" W, 661.40 feet; Thence N 66°45'00" NV, 28.28 feet to a point on the south right of way of Lambert Drive; Thence along said right of way N 68°15'00" E, 10.00 feet to the beginning of a curse concave to the southwest having a central angle of 90°00'00" and a radius of 20.00 feet; Thence along said curve in a northeasterly and southeasterly direction, 31.42 feet 10 a point on the west right of -�vay of Siemers Drive; Thence along said right of way the tollo�ying courses and distances: S 21 E, 661.40 feet to the beginning of a cure concave t'_, the northeast having a central angle d 0642'55" and a radius of 730.0-_ feet, Thence along said curve in a southeasterly direction, 85.56 feet; Thence leaving said west right of way, S 6S`15'00" \V, 100.07 feet to the TRUE POINT OF BEGINNING, containing 0.18 acres more or less. (7,783.70 square feet) ARTICLE 6. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by DSW Development Corporation, conveying to the City of Cape Girardeau, Missouri an easement for the widening of Siemw ers Drive between Campster Drive and Bloomfield Road, more particularly described as follows, to -wit: A PART OF UNITED STATES PRIVATE SURVEY NO. 175, TOWNSHIP 30 NORTH, V RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the southwest corner of Cape West First Subdivision as recorded in the land records of the Countv Recorder's Office° in plat book no. 16 at page no. 55, from which point the southeast corner of said subdivision bears, N 74'33'48" E, 260.00 feet; Thence S 74'33'48" \\ _70.20 feet to the TRUE POINT OF BEGIINNING; Thence N 15°26'12" W, 572.10 feet to the beginning of a curve concave to the southwest having a central angle of 06°18'48" and a radius of 960.00 feet; Thence along said cure in a northwesterly direction, 105.78 feet; Thence N 21°45'00° W, 226.41 feet; Thence N 6645'00" W, 28.28 feet to a point on the south right of v-av of Richmond Drive; Thence along said right of way, S 68°15'00" W, 10.00 feet; Thence leaving said right of way, S 21" 45'00" E, 246.41 feet to the beginning of a cure concave to the southwest having a central angle of 00� 18'48" and a radius of 930.00 feet; Thence along said curve in a southwesterly direction 102.47 feet; Thence S 15'26'12" E, 709.81 feet to the beginning of a curve conctye LI) the n„nlreast having a central angle of 11°25'11" and a radius �1 772.0 feet; 'Ihcnce alurrg �ai�l curve in a southeasterly direction, 153.47 feet; Thence S 02'55'30" E, 206.71 feet to a point on the north right of way of Bloomfield Road- Thence along said right of way, N 56°29'00" E, 10.57 feet to the beginning of a curve concave to the northwest having a central amd; - of 87`54'35" and a radius of 120.00 feet; Thence leaving said right of way and along said cur -r, in a n,,rthcastcrly and northwesterly direction, 184.12 feat t,, the beginning of a compound curve c()ncave to flue northeast having a central angle of 15`59'22" and a radius of 74'feet, fr,,rn which point a radial line bears N 58°34'25" 1-.; I hencr al�,ng paid cure in direction, 206.51 feet; Thence N 15'26'12" \V, 1'., , - 8 ',f 1 1 137.71 feet to the TRUE POINT OF BEGINNING, containing 1.08 acres more or less. (46,977.05 square feet) ALSO: A PART OF UNITED STATES PRIVATE SURVEY NO. 175, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the southwest corner of Cape West First Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 16 at page no. 55, from which point the southeast corner of said subdivision bears, N 74'33'48" E, 260.00 feet; Thence along the south line of said subdivision, N 74'33'48" E, 10.00 feet to the TRUE POINT OF BEGINNING; Thence continuing along said south line, N 74°33'48" E, 30.0 feet; Thence leaving said south line, S 15026'12" E, 137.71 feet to the beginning of a curve concave to the northeast having a central angle of 12°29'23" and a radius of 630.00 feet; Thence along said curve in a southeasterly direction, 137.33 feet to a point on the northerly right of way of Capewest Parkway; Thence along said right of way, S 56°29'00" W, 7.80 feet; Thence leaving said right of way N 74°51'52" W, 30.03 feet to the beginning of a curve concave to the northeast having a central angle of 10°46'32" and a radius of 660.00 feet; Thence along said curve in a northwesterly direction, 124.13 feet; Thence N 15'26'12" W, 137.71 feet to the TRUE POINT OF BEGINNING, containing 0.19 acres more or less. (8,140.20 square feet) ALSO: A PART OF UNITED STATES PRIVATE SURVEY NO. 175, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: All of the west 40.00 feet of Lot No. 4 of Cape West First Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 16 at page no. 55, containing x.17 acres more or less. (7,388.03 square feet) ALSO: A PART OF UNITED STATES PRIVATE SURVEY NO. 175, TOVNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY 01- CAPE FCAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: All of the west 40.00 feet of Lot No. 3 of Cape West First Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 16 at page no. 55, containing 0.17 acres more or less. (7,388.03 square feet) ALSO: A PARI' OF UNITED S'A'FES PRIVATE SURVEY NO. 175, TOWNSHIP 30 NORI'I I, f RANGE 13 1,:AST OF THF. FIFTH PRINCIPAI. MERIDIAN, CITY AND COUNT' ' OI- Pagc 9 of 14 CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY l } DESCRIBED AS FOLLOWS: All of the west 40.00 feet of Lot No. 2 of Cape West First Subdivision as recorded in the land records of the Count- Recorder's Office in plat book no. 16 at page no. 55, containing 0.17 acres more or less. (7,388.03 square feet) ALSO: A PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPI= GIRARDEAU, STATE OF \1ISS0URI, BEING MORE PARTICULARLY DFSCRIBED AS FOLLOWS: Commencing at the southeast corner of Lot No. 3 of Cape West Seventh Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 18 at page no. 65; Th(°rice along the south line of said lot) S 68'15'00" W, 505.00 feet to the TRUE POINT OF BEGINNING; Thence leaving said south line, S 21'45'00" E, 784.08 feet to a point on the 11011-th right of way of Richmond Drive; Thence along said right of way, S 68°15'00" W, 10.00 feet; 1 hence leaving said right of wav, N 66°45'00" W, 28.28 feet; Thence N 21°45'00" W, 764.08 feet to a point on the south line of said Lot No. 3; Thence along said south line N 68-15'0 " E, 30.00 feet to the TRUE POINT OF BEGINNING, containing 0.54 acres more or less. ('3,322.34 square feet) ALSO: A PARA- OF UNITED STATES PRI' ATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE I3 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Conlntcncing at the soutl"iNvcst comer of Cape West Seventh Subdivision as recorded in the land of the County Recorder's Office in plat book no. I8 at page no. 65; Thence along Ite smith line of said subdivisi()n, N 68`'15' 00" E, 481.33 feet to the TRUE POINT OF BEGINNING; Thence leaving said south line, S 21°45'00° E, 784.08 feet to a point on the north right of wav of Richmond Drive; Thence along said right of way, N 68'15'00" E, 10.00 feet; Thcncc leaving said right of way, N 23°15'00" E, 28.28 feet; Thence N 21°45'00" W, 7,)4.-8 feet to a point on the south line of said subdivision; Thence along said south line, S : 1 V, 30.00 feet to the 'I RLE P()INT OF BEGINNING, containing 0.54 acres more !23,3_2.34 square feet) SKI I( '1 1- 7. The City of Cape 'I - - ,-i , 1iss,)uri hereby accepts a Temporary Construction h:asenaent executed by Bluff Cite Beer Company conveying to the City of Cape Girardeau, A,11ssouri an easement for the widening of Siemers Drive between Campster Drive and BI()0111field R -,ad, more particularly described as follows, to -wit: UNI'T'ED STATES PRIVATE, SURVEY NO. 175 and NO. 3090, TOWNSI1111 Nt '11 1, RANGE 13 EAST OF TI IF FIFI'I I PRINCIPAL, MERIDIAN, CI'T'Y AND )I N I Y ( )I (_,%PE (IRAM)EAI:, YI-ATE OF MISSOURI, BI -,IN(, MORN: I'',i�1It:t:EAKI.Y DESCRIBI,;I) AS F()LLOWS: P.� e I, of 14 All of the west 40.00 feet of Lot No. 1 of Cape West First Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 16 at page no. 55, containing 0.17 acre's mora or less. (7,204.01 square feet) ARTICLE S. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Eugene Holloway and Marsha Holloway conveying to the City of Cape Girardeau, Missouri an easement for the widening of Siemers Drive between Campster Drive and Bloomfield Road, more particularly described as follows, to -Reit: A PART OF UNITED STATES PRIVATE SURVEY NO. 175 AND NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICUL.�RLY DESCRIBED AS FOLLOWS: Commencing at the southwest corner of Lot No. 15 of Cape West Fourth Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 17 at page no. 16; Thence along the south line of said lot, N 68°15'00" E, 10.00 feet to the TRUE POINT OF BEGINNING; Thence leaving said south line, N 21°45'00" W, 180.00 feet; Thence N 23c 15',001" E, 28.28 feet to a point on the south right of way of Richmond Drive; Thence along said right of wav, N 68°15'00° E, 10.00 feet; Thence leaving said right of way, S 21°45'00" E, 200.00 feet to a point on the south line of said Lot No. 15; Thence along said south line, S 68`15'00" W, 30.00 feet to the TRUE POINT OF BEGINNING, containing 0.13 acres more or less. (5,800.00 square feet) ARTICLE 9. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Drury Land Development Corporation conveying to the City of Cape Girardeau, Missouri an easement for the widening of Siemers Drive between Campster Drive and Bloomfield Road, more particularly described as follows, to wit: A PART OF UNI'T'ED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the southwest corner of Cape West Seventh Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 18 at page no. 65; Thence along the south line of said subdivision, N 68°15' 00" E, 481.33 feet to the TRUE POINT OF BEGINNING; 'I'hence leaving said south line, N 21°45'00" %X1, 348.05 feet to the beginning of a curve concave to the southwest having a central angle of 23°10'22" and a radius of 593.15 feet; Thence along said curve in a northwesterly direction, 239.89 feet; to a point on the south right of way of Lowes Drivc; Thcncc along said right (,f way, N 44°54'48" E, 9.61 feet; Thence Icaving said right of way S 89''03'21" I'. 28.79 feta to thr beginning of a non -tangent curve concave to the southwest having a central angle of 21°16'31" and a radius of 623.15 feet, from ,vhich point a radial line bears S 46°58'29° W Thence along said curve in a southeasterly direction, 231.39 feet; Thence S 21°45'00° E, 348.05 feet to a point on the south line of said subdivision; thence along said south line, S 68'15'00" W, 30.00 feet to the TRUE POINT OJ-' BE(,INNING, containing x.40 acres rttore or ]c��. (17,6,9.32 square fectj A PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the northwest corner of Lot No. 5 of Cape West Seventh Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 18 at page no. 65; Thence along the north line of said lot and the prolongation of said line, N 68°15' 00" E, 287.53 feet to the TRUE POINT OF BEGINNING; Thence continuing along the prolongation of said north line, N 68°15'00" E, 30.19 feet to the beginning of a non -tangent curve concave to the northeast having a central angle of 16°42'44" and a radius of 740.00 feet, from which point a radial line bears N 61°37'33" E; Thence leaving said prolongation and along said curve in a southeasterly direction, 215.85; Thence S 45'05'12" E, 78.30 feet; Thence S 00-05-12" E, 28.28 feet to a point on the north right of way of Lowes Drive; Thence along said right of way, S 44°54'48" W, 10.00 feet; Thence leaving said right of way, N 45°05'12" W, 98.30 feet to the beginning of a curve concave to the northeast having a central angle of 16'58'16" and a radius of 770.00 feet; Thence along said curve in a northwesterly direction, 228.08 feet to the TRUE POINT OF BEGINNING, containing 0.22 acres more or less. (9,408.07 square feet) ALSO: A PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY �► DESCRIBED AS FOLLOWS: Commencing at the southeast corner of Lot No. 3 of Cape West Seventh Subdivision as recorded in the land records of the Count), Recorder's Office in plat book no. 18 at page no. 65; Thence along the south line of said lot, S 68'15' 00" W, 525.00 feet to the TRUE POINT OF BEGINNING; Thence leaving said south line, N 21°45' 00" W, 348.05 feet to the beginning of a curve concave to the southwest having a central angle of 23'20'12" and a radius of 713.15 feet; Thence along said curve in a northwesterly direction, 290.46 feet; Thence N 45-05-12" W, 156.61 feet to the beginning of a curve concave to the northeast having a central angle of 23'20'12" and a radius of 650.00 feet; Thence along said curve in a northwesterly direction 264.74 feet; Thence N 21°45'00" W, 148.90 feet to a point on the north line of said Lot No. 3; Thence along said north line, S 68°15'00" W, 20.00 feet to a point on the east right of way of Siemers Drive; Thence along said right of way, S 21°45'00" E, 51.21 feet; Thence leaving said right of way, N 68°15'00" E, 10.00 feet; Thence S 21°45'00" E, 97.69 feet to the beginning of a curve concave to the northeast having a central angle of 23'20'12" and a radius of 660.00 feet; Thence along said curve in a southeasterly direction, 268.82 feet; Thence S 45-05-12" E, 156.61 feet to the beginning of a curve concave to the southwest having a central angle of 23'20'12" and a radius of 703.15 feet; Thence along said curve in a southeasterly direction, 286.39 feet; Thence S 21°45'00" E, 348.05 feet to a point on the south line of said Lot No. 3; Thence along said south line, N 68°15'00" E, 10.00 feet to the TRUE POINT OF BEGINNING, containing 0.29 acres more or less. (12,599.82 square feet) ALSO: Page 12 of 14 A PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the northwest corner of Lot No. 7 of Cape West Seventh Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 18 at page no. 65; Thence along the north line of said lot, S 79°44'47" E, 161.41 feet to the TRUE POINT OF BEGINNING; Thence continuing along said north line, S 79°44'47" E, 13.73 feet; Thence leaving said north line, S 40°14'22" E, 25.45 feet to the beginning of a non -tangent curve concave to the northeast having a central angle of 21°01'03" and a radius of 719.01 feet, from which point a radial line bears N 89°16'02" E; Thence along said curve in a southeasterly direction, 263.75 feet; Thence S 21°45'00" E, 543.70 feet; Thence S 23°15'00" W, 28.28 feet to a point on the north right of way of Lambert Drive; Thence along said right of way, S 68°15'00" W, 10.00 feet; Thence leaving said right of way, N 21°45'00" W, 563.70 feet to the beginning of curve concave to the northeast having a central angle of 22°43'11" and a radius of 749.01 feet; Thence along said curve in a northwesterly and a northeasterly direction, 297.01 feet to the TRUE POINT OF BEGINNING, containing 0.58 acres more or less. (25,234.76 square feet) ALSO: A PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the northeast corner of Lot No. 2 of Cape West Seventh Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 18 at page no. 65; Thence along the north line of said lot and the prolongation of said line, N 86°45'23" W, 134.28 feet to the TRUE POINT OF BEGINNING; Thence continuing along the prolongation of said north line, N 86°45'23" W, 8.72 feet; Thence leaving said prolongation, S 45°55'37" W, 29.40 feet to the beginning of a non -tangent curve concave to the northeast having a central angle of 20°21'38" and a radius of 639.01 feet, from which point a radial line bears N 88°36'38" E; Thence along said curve in a southeasterly direction, 227.08 feet; Thence S 21°45'00" E, 194.97 feet; Thence S 68°15'00" W, 10.00 feet to a point on the east right of way of Siemers Drive; Thence along said right of way the following courses and distances: S 21°45'00" E, 348.73 feet; Thence S 66°45'00" E, 28.28 feet to a point on the north right of way of Lambert Drive; thence along said right of way, N 68°15'00" E, 20.00 feet; Thence leaving said north right of way, N 21°45'00" W, 563.70 feet to the beginning of a curve concave to the northeast having a central angle of 22°10'12" and a radius of 609.01 feet; Thence along said curve in a northwesterly and northeasterly direction, 235.65 feet to the TRUE POINT OF BEGINNING, containing 0.63 acres more or less. (27,432.42 square feet) ARTICLE 10. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Drury Development Corporation, conveying to the City of Cape Girardeau, Missouri an easement for the widening of Siemers Drive between Campster Drive and Bloomfield Road, more particularly described as follows, to -wit: Page 13 of 14 A PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the northwest corner of Lot No. 5 of Cape West Seventh Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 18 at page no. 65; Thence along the north line of said lot, N 68'15' 00" E, 287.53 feet to the beginning of a non -tangent curve concave to the northeast having a central angle of 06°21'54" and a radius of 770.00 feet, from which point a radial line bears N 61°53'06" E, said point also being the TRUE POINT OF BEGINNING; Thence leaving said south line and continuing along said curve in a northwesterly direction, 85.54 feet; Thence N 21°45'00" W, 681.40 feet to a point on the south right of way of Lambert Drive; Thence along said right of way N 68°15'00" E, 10.00 feet; Thence leaving said right of way, S 66°45'00" E, 28.28 feet; Thence S 21°45'00" E, 661.40 feet to the beginning of a curve concave to the northeast having a central angle of 06°37'27" and a radius of 740.00 feet; Thence along said curve in a southeasterly direction, 85.55 feet to a point on the prolongation of the north line of said Lot No. 5; Thence along said prolongation and said north line, S 68°15'00" W, 30.19 feet to the TRUE POINT OF BEGINNING, containing 0.52 acres more or less. (22,808.33 square feet) ARTICLE 11. 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 14 of 14 12001. CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 191 Agenda July 16, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: An ordinance accepting a temporary construction easement from Greater Cape Girardeau Area Benevolent Association to construct a rail spur in the Greater Cape Girardeau Area Industrial Park Greater Cape Girardeau Area Benevolent Association has agreed to grant a temporary construction easement for the Biokyowa Rail Spur Extension Project, presently under construction and funded in part by a Community Development Block Grant. The need for this easement is due to recently developed site conditions and it is conveyed at no cost to the City. The attached ordinance is presented for consideration and staff recommends that the Council approve the ordinance for first reading. Respectfully submitted, Kent. Bratton City tanner Michael G. Miller City Manager �il BILL NO. 2001-151 ORDINANCE NO. AN ORDINANCE ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FROM GREATER CAPE GIRARDEAU AREA BENEVOLENT ASSOCIATION TO CONSTRUCT A RAIL SPUR IN THE GREATER CAPE GIRARDEAU AREA INDUSTRIAL PARK BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . The City of Cape Girardeau, Missouri, hereby accepts a temporary construction easement for construction of a rail spur, executed by Greater Cape Girardeau Area Benevolent Association on property located in the Greater Cape Girardeau Area Industrial Park in the County of Cape Girardeau, State of Missouri, more particularly described as follows, to -wit: A STRIP OF LAND BEING 100 FEET WIDE AND LYING ALONG THE EAST SIDE OF THE FOLLOWING DESCRIBED LINE, TO -WIT: A PART OF THE SOUTH HALF OF SECTION 27, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the southwest corner of a tract of land recorded in the land records of the County Recorder's Office in book 471 at page 479; Thence N 8922'30" E, 15.68 feet to the point of beginning; thence S 01 24'01 " E, 1271.86 feet to the beginning of a curve concave to the northwest having a central angle of 9021'56" and a radius of 521.67 feet; thence along said curve in a southwesterly direction, 822.77 feet to a point being 50 feet north of and normal to the south line of said Section 27, except that area which lies within Tract No. 2 having an area of 0.818 acres as shown on a survey plat recorded in Plat Book 352 on Page 92 in the land records of the Cape Girardeau County Recorder's Office. 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 . 2001. A.M. Spradling, III, Mayor CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 192 Agenda July 16, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Record Plat of McDonald's Subdivision This Council agenda item provides for consideration of the record plat of McDonald's Subdivision. This is a one (1) lot subdivision located in the 1900 block of Broadway, submitted by McDonald's Real Estate Company of Columbia, Maryland and will allow commercial development at this location. The subdivision plat was approved by the Planning and Zoning Commission at their meeting on April 11, 2001. The vote to approve the plat was 7 in favor with no opposition. There were no citizens present in opposition to this development. This plat was previously approved by the Council on May 7, 2001, by Ordinance Number 2879. A new plat with an alteration to a sewer easement was subsequently submitted. The staff is requesting that this revised plat be approved by the Council in order to expedite the project. It is recommended that the City Council give first reading consideration to the attached ordinance accepting the record plat for McDonald's Subdivision. Respectfully submitted, tM. Brattonje rector of Planning Services Michael G. Miller City Manager WEV/MGM/rlf GRAPHIC SCALE RECORD PLAT OF McDONALD'S SUBDIVISION THE EAST HALF Of VACATED HELENA AVYNUE, ALL CP LOTS a THROUCI tl A R. C'Ce N __. OA, PARI cU6DiHSON A SU 8Di V1W1 ON FILE IN THE LAND RL CORDl Or [AI`i A ON PAGE 6. ALL m :IE Ci AVD C1,11 T. 01 CAPE f;,, AR OE A,:. SUBDIVISION DEDICATION S85 59 02-w7 19_---p 1S12---' , i 2 i2 ' y 'A N N g'e a RECORD owNEC� M�JO�'A_DS HEAL ESTATE C04PAIY _ 9 Ji COI.L.M9i A. MARTLAND DEED 900K 903, PAGE 269_ '- -- LOT 1� U. Vt.15 ACRES) h — — — a 8 a --f LE"E -- - -- -�ses S739 -E it}sc rL00D r EFT �. ...'.JN SUBDIVISION NOTES Of L �FIY 4 -I.A:+�^ �L4.,v�UNA ACRFS uAal .9T .SI - 5 ACFf S _ Th. .. lrx�t ,fT r-operty w Al CA �rHFn per �cd _ w t i nl Nis sour i, t at rtiA EnFC SLarderds for Properly Boundary •._ _ :ALL 9E 5 rve ys. e!'ecl se Uecert.Ger 30. 1990 I IN BILL NO. 2001-152 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF MCDONALD'S SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of McDonald's Subdivision, the east half of vacated Helena Avenue, all of Lots 4 through 8 and part of Lot 9 in Block No. 2 in Oak Park Subdivision, a subdivision on file in the land records of Cape Girardeau County in Plat Book 4 on Page 6, City and County of Cape Girardeau, Missouri, submitted by McDonald's Real Estate Company of Columbia, Maryland, bearing the certification of Wayne Koehler, a Registered Land Surveyor, dated July 6, 2001, is hereby approved. ARTICLE 2. The City Clerk is hereby directed to sign the record plat with the date of Council approval and affix thereto the / seal of the City of Cape Girardeau, Missouri. e 1 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 r) A. M. Spradling, III, Mayor A CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 199 Agenda August 6, 2001 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: SUBJECT: Request for Rezoning of the North Side of Lexington Avenue Between Perryville Road and Steven Drive This agenda item calls for the holding of an advertised public hearing on the request of Bo and Dianne Shantz to rezone the north side of Lexington Avenue between Perryville Road and Steven Drive from R-1, Single Family Residential District to R-4, Multiple Family Residential District. The Planning and Zoning Commission recommended approving this application at its meeting on July 11, 2001, by a vote of 8 in favor, and 1 in opposition. There was one citizen present with questions concerning this request. It is recommended that the Council hold the advertised public hearing. Attached for first reading consideration is an ordinance which would authorize the rezoning from R-1 to R-4. 9 1 NOR RhAl M. Bratton Michael G. Miller City Manager �il BILL NO. 2001-154 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 NORTH SIDE OF LEXINGTON AVENUE, BETWEEN PERRYVILLE ROAD AND STEVEN DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO R-4 WHEREAS, the City Planning and Zoning Commission has recommended that all of the property described in Article 1 of this ordinance should be rezoned from R-1 Single -Family Dwelling District to R-4, Multiple Dwelling District; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and public hearing was held on Monday, August 6, 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 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-1, Single -Family Dwelling District to R-4, Multiple Dwelling District, for the following described property: Part of USP Survey No. 2198 part of S.E. Quarter of Section 24, Township 31 North, Range 13 East of the Fifth Principle Meridian. Commence at the S.E. corner of Section 24; North 85 degree 38' West along and with the South line of Section 24, a distance of 594.0 feet to the Southwest corner of Northfield First Subdivision; thence continue North 84 degrees 41' West along and with said South line, a distance of 1146.39 feet for a place of beginning on the North right of way line of Lexington Avenue at 40 feet opposite and mean to station 69 + 29.40; thence Easterly along said right of way on a curve to the left having a radius of 555.0 feet, a distance of 17.11 feet (chord bears South 85 degrees 34' East, 17.11 feet); thence South 86 degrees 27' East, along said right of way, 317.9 feet; thence on a curve to the left having a radius of 20.00 feet, a distance of 31.04 feet (chord J bears North 49 degrees 05' East, 28.02 feet); thence V North 4 degrees 37" East along the West right of way line of Steven Drive, 106.90 feet to the South line of Woodland Hills Subdivision; thence North 83 degrees to 54' 48" West along the South line of said Subdivision, 609.48 feet to the East right of way line of Perryville Road; thence along said right of way with the following: South 20 degrees 28' 21" West, 127.26 feet; thence South 26 degrees 41' East, 25.5 feet and South 55 degrees 32' East, 29.1 feet to said North right of way line of Lexington Avenue, thence South 84 degrees 41' East, 162.2 feet to the place of beginning, in the City and County of Cape Girardeau, Missouri ARTICLE 2. The City Council hereby finds and declares that the property described in Article 1 hereof is at the present time particularly suitable for the purposes and uses of R-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. V PASSED AND APPROVED THIS DAY OF , 20 ATTEST: Gayle L. Conrad, City Clerk A. M. Spradling, III, Mayor 2 ME CYPRESS DR. CO. R0. N0. 6A: I CO RO MEN _ST'iFt WAR yEPGREEN 5 m 3< I I S7_ I J E CR. MON . E TEREY o m s gQ RIO OR J 4^ ,E LanN _ DR. R LAKEWOOD JI m\ — � / - DEER ST LAKE`'V'p0.0 DR. CREEK LN. 1 FREE�RMONR _�__._ CAPE 1 LN. TERRAPIN RD. CAPEHILLS DERBYSHIRE 0 2.rYH DR. 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S4 r 7No w axi � (A N p) E C_ N c }C O p� c cc°v E cu rn cu —cn2)V rn .0 cu a cu w > 0 2 c c c N 2 O O O O CL (A a N N N O CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 200 Agenda August 6, 2001 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: SUBJECT. Request for a Special Use Permit for a Drive-in Restaurant in the 2100 block of William Street (Town Plaza Parking Lot) This agenda item calls for the holding of an advertised public hearing on the request of Greater Missouri Builders, Inc. for a special use permit for a drive-in restaurant which will be located in a 12 -foot by 25 -foot portable building in the 2100 block of William Street (Town Plaza parking lot) in a C-2, General Commercial District. 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 attaached to this letter and are included in your agenda packet. The Planning and Zoning Commission recommended approving this application at its meeting on July 11, 2001, by a vote of 9 in favor and none in opposition, with the following stipulations: 1) the site plan will be made a part of the Special Use Permit, with the location of the facility being approved by the Planning and Engineering Divisions at the time of construction; 2) the new and existing structures shall comply with the BOCA Building codes and all other City ordinances; and 3) if the structure is removed, the foundation is to be removed and the parking lot restored to its original condition. There were no citizens present in opposition to the request. It is recommended that the Council hold the advertised public hearing. Attached for first reading consideration is an ordinance authorizing this Special Use Permit. ally Submitted, Bratton Z7 -Michael G. er City Manager f 30-39 ZONING 1130-39 See, 3030. SpeoW use regulations. (a) Subject to the provisions of this sectim, the city council may by ordinazim on its own motion er on application grant a spacial use permit for the special uses enumerated in this section in any districts as heroin quaR6ed from which the uses are otherwise prohibited by this chapter. The city council shall impose appropriate conditions and safeguards for the issuance of the special use permit, which may include a specified period of time for the permit, a limitation of the persons who may carry out such use, and limitations upon or requirements for the size or design of buildings and other improvements upon the property, all for the purpose of protecting the comprehensive plan and conserving and protecting property and prop- erty values in the neighborhood. (b) Applications for special use permits shall be made and processed in the same manner as provided in section 30-5 relating to applications for district changes. (1) The city council shall determine whether such building or use will: a. Substantially increase traffic haz- ards or congestion. b. Substantially increase fire hazards. c. Adversely affect the character of the neighborhood; or in respect to spe- cial use permits for dwelling pur- poses where required, be adversely affected by the character of the neighborhood. d. Adversely aQect the general welfare of the community. I . Overtax public utilities. f. Be in conflict with the comprehensive city plan. (2) If the council's finding is negative as to all the subjects referred to in this subsection (b), the application may be granted; if af- firmative as to any subject, then such per- mit shall be denied. (c) Any proposed special use shall otherwise comply with all the regulations set forth in this chapter for the district in which such use is located, except that the city council may permit hospitals and institutions to exceed the height limitations of such district. CAPE GIt(ARD6AU COM, c No structures shall be erected or n main on any portion of the lot except as provided for under item g. hereof. d. No signs shall be erected on the park- ing area except as approved by the city council. c. Parking areas shall be used for park- ing patrons, private passenger vehi- cles only, and no charge shall be made for parking within such premises. f The parking shall be act back in con- formity with the established or re- quired yards for residential uses and, where a parking area adjoins a dwell- ing use, it shall have a minimum side yard of ten (30) feet. g. The parking area shall be suitably sQecned or fenced, paved and drained, lighted and maintained free of debris. (21) Any "C" district use in an "R" district. (22) All uses for which special use permits are required by other sections of these regula - tions. (23) Buildings in excess of the height and story requirements set forth in section 30-36 for "R-4' and'C-2" districts, provided side yards are increased in width one (1) foot for each f t of height that the building exceeds the height regulations of the district in which it is located up to a height of seventy-five (75) feet and thereafter no increase in side yards shall be required for any height in excess of seventy-five (75) feet. (24) Any 'C' district use in a more restrictive "C" district. (25)tizen housing under the following s: owed only in "R-3,' '114' and 'C" areas; b. Only senior citizens, handicapped or disabled individuals would be permit- ted to rent, purchase or inhabit units allowed under this chapter. c. A permanent sign, prominently dis- played, must be placed on the building clearly labeling the structure as senior citizen housing, and also having there- upon the ordinance number establish ing the stmeture as senior citizen hous- ing. (26) Reserved. (27) The manufacture of commercial cooking and catering equipment in 'C-3' districts. (28) Recycling in 'C-2," 'C-3; "M-1" or 14-2" districts, including salvage, processing and storage of paper and paper products; alu- m cans and other metal containers; cloth, clothing and rags; plastics and rub- ber products; lumber or wood products; and glass. Provided, however, that all process- ing, treatment and handling of the above. described materials, other than loading and unloading from transport vehicles, shall be inside of a building and all storage of such materials shall be either inside of a build - rug or m closed transport trailers, in such a manner as not to create a nuisance by virtue of odor, vermin, emission, or dis- charge. Provided further that any process- ing of such materials shall not create a nuisance or health hazard by virtue of noise, odor, emission, discharge or byproducts. Loading and unloading of materials from transport vehicles shall be completed and the transport vehicles removed from the premises within twenty-four (24) boors of the receipt of a transport vehicle on the premises. Exclusions: a. No special use permit shall be required under this section for any person, com- pany or firm engaged in recycling ac- tivity of its own products which are manufactured or sold on the premises when such recycling is done in support of the principal operation of that busi- ness. b. No special use permit will be required under the provisions of this section for recycling activity conducted by non- profit organizations for periods not ex- ceeding thirty (30) days in any "len- du year. (d) Special uses. (1) Public or private landing field, landing strip, helicopter landing pad, heliport or other landing area for all forms of aircraft; auto race track and drag strip. (2) Amusement park, but not within three hundred (300) feet of any "R' district. (3) Any general public building erected or used by any department of the city or county government, or a school district. Also, of- fices, warehouses, and other support build- ings for local units of government and sub -state agencies, unless otherwise In - ted within a zoning district which would allow a commercial or institutional facility of the same nature as a use -by -right. (4) Cemetery, crematorium or mausoleum. (5) Church or other place of worship, or Sun- day school, in '11-1.-R-2," or'R-3" residen- tial districts. (6) Circus or carnival grounds, but not within three hundred (300) feel of any "R" district. (7) Commercial, recreational, or amusement development for temporary or seasonal pe- riods. (8) (Reserued.) (9) Institution, college, or hospital provided that any hospital or institution permitted tiuee "', IL in any 'R' district shall be located on a site of not less than five (5) acres, shall not occupy more than forty (40) percent of the total lot area, and shall be set back from if yard lines at least two (2) feet for each fool of building height. (lo) Marina or does. (11) Nursing home in -R' districts. (12) Office building of a civic, religious or char- itable organization, conducting activities primarily by mail and not handling mer- chandise or rendering services on the prem- ises, but only within the "114" district. (13) Privately operated community building or recreation field. (14) Public utilities. (15) Riding stable. (16) Radio or television broadcasting tower or station. (17) Residential uses as provided for in sections 30-28 (C-1 Districts) and 30-33 (M-1 Dis- tricts). (18) Travel trailer camp, in the "C-2; 'C-3" and 'M" districts. No travel trailer may be used for any residential purpose either trm- siently or permanently unless located in a trailer camp or mobile home park. (19) The extraction of sand, gravel, and other raw materials requiring the removal of m overburden above the deposit, provided, however, any bulk storage of extracted ma- terial or overburden and any processing or extraction machinery or the open face of any cut shall be at least five hundred (500) feet from any residential structure, street, or place. (20) Parking lots on land in 'R' districts within three hundred (300) feet from the boundary of any "C' or 'M" district, provided the following standards are met: a. Ingress and egress to such lot shall be from a street directly serving the com- mercial, business or industrial district. b. No business involving the repair or service of vehicles, or sale, or display thereof shall be conducted from or upon such parking areas. 1965 ZONING c A special use permit shall not be required under this section f(r any agency of any state, county or other local government unit engaging in recycling activity for its internal op- eration purposes only and not for resale to the public for profit. (29) Residential or outpatient facilities for the treatment of alcohol or other drug abuse for not exceeding twenty (20) persons in "R-4" districts, or for more than twenty (20) persons in 'C' districts, with the provision that no special use permit shall be issued for such a facility unless the applicant for such permit provides evi- dence that he has provided written noti- fication of the proposed placement of the facility to the owner or owners of property located within one hundred eighty-five (185) feet of the boundaries of the prop- erty on which the treatment facility is to be located. Further, the exterior appear - ce of the treatment facility shall rea- sonably conform to the exterior appear- ance of other buildings in the vicinity and a treatment facility shall not be located closer than three hundred seventy (370) feel to any other substance abuse facility. (30) Single or double -wide, manufactured home or manufactured business units for office purposes only in 'M-2" heavy industrial districts. (31) Family day care homes for the care of more than six (6) children but not more than ten (10) children in a residential zone. (32) Excursion gambling boat or floating gam- bling facility in my "C" or 'M" district, or combination thereof, with the following provisions. a. Accessory uses directly connected, associated or linked with the opera tion of an excursion gambling boat or floating facility shall be included with, and made a partof, any special use permit issued therefor and shall also be within a'C' or "M' district, or combination thereof, gaps. N. 12 1966 1„I,n, ... , 1967 Accessory uses associated with a excursion gambling boat or Ooatinr facility shall include the following. 1. Boat support facilities. 2. Docking or mooring facilities. 3. Employee support facilities. 4. Ground transportation facili ties. 5. Passenger ticketing and recep tion facilities. 6. Parking facilities. 7. Security facilities. 8. Signs, including those attachel to a building or other structure a boat or floating facility, o: otherwise placed on the prem ises constituting an excursion gambling boat or floating facil icy site. Off-street parking. Off-street park ing and loading facilities shall b, provided as specified in section 30-3', of this chapter, except that the re quirement for off-street parking In an excursion gambling boat or float ing facility and its accessory use shall be one and one-half (14x) space: for every two (2) passengers, base, on maximum occupancy, plus one (1 space per employee on the maximun shift. In addition, full -aim bus park ing spaces shall be provided as re quired by the planning and ronin; commission and city council. Site development plan. In applyin, for a special use permit under IN section, the developer(s) shall sul mit a formal site plan for review which includes, but is not necessa: ily limited to the following: 1. Maps and other graphics ind, caring the boundaries of th development and all propertu to be included, indicatin whether such properties ar owned, leased. optioned, or pr, posed for such. f" CME GIRARDEAU CODE 2. The locations and general sizes of all buildings. structures, park- irig Iota and other facilities com- prising the development, includ- ing data on size, facilities, and occupancy limits of the planned .musico gambling beator Gosl- ing facility, and accessory uses. 3. Evidence that the development contains sufficient land to pro- vide for any necessary or pro- posed land -side development and support facilities, includ ing parking, and the develop- ment includes sufficient river frontage to accommodate loca Lion and operation of the planned excursion gambling boat or floating facility. 4. An impact analysis including, but not limited to, expected ac- cess routes, traffic volumes, peak (tours of operation, needed road or street improvements and traf- fic controls necessary to accom- modate the proposed uses and traffic volumes, and plans for on-site security and disaster re sponse. p. Ail buildings and permanently moored structures shalFcomply with applicable standards of the city's building codes. Further, no occu- pancy permit for any accessory use set forth in this section shall be issued prior to the issuance of occu- pancy permits for all new land-based permanent structures proposed as a part of the development. The city council may, however, at its discre Lion approve a temporary occupancy permit for any accessory use for a period of one (1) year if the required land-based structures are not com- pleted. (33) Mini -warehouse or self -storage units in "C-1" or 'C-2" districts. (34) Parking garages: For enclosed or semi - enclosed parking garages only, parking .p. Na. 11 t 70-39 space dimensions less than the minimum size required in this ordinance may be approved under a special use permit. A building/parking plan and documentary justification for a requested variation from the minimum standards must be submit- ted with any application hereunder. (35) Assembly and manufacture from pre fabricated parts of electronic and similar products N C-2 districts. (36) Single or double -wide, manufactured home or manufactured business units for tem- porary office purposes only during con- struction or remodeling of a main build Ing in 'M-1" Light Industrial Districts. Any special use permit, if approved, will become effective only upon the issuance of a building permit for a main building- All such temporary office units shall be re- moved upon occupancy of the completed construction or completion or abandon- ment of the construction work, whichever occurs first. (37) Double -wide manufactured homes (ma bile homes) in "R-1; "R-2; "R-3,' or -R-4- districts, with the following provisions. a. The manufactured home shall be in compliance with Federal Manufac tured Home Construction and Safety Standards, adopted June 15, 1976, as amended, and Missouri Public Service Commission rules: b. The unit when complete shall have a minimum width of not less than twen- ty-four (24) foundation feet as mea sured at all points perpendicular to the length of the manufactured home, which shall not be less than forty- two (42) foundation feet- This stain dard is intended to restrict units In the type which are brought to the site in parts, typically two (21 halve, and at least one thousand eight (1,008) square feet minimum. I . All wheels, springs, axles, lights, and towing apparatus shall be removed 1968 CAVE CIRAIWEAU WDY. List or for residential in combination with shop- ping center uses as set forth in section 3031. The development plan shall be referred w the plan- ning and zoning commission for study and report. Approval shall be conditioned upon specific find Ings that the proposed community unit plan nicets the following conditions: (1) That the proposed development of any "CA" planned commercial district i eluded as a part of the plan complies with the regulations for those districts as set forth in section 30-31. (2) T7tat the buildings, other than those lo- cated within a 'C-4" district, located in the area shall be used only for one -family dwellings, two-family dwellings, or multi- ple dwellings and the usual accessory uses such as private or parking garages, storage space and for community activi- ties, including churches and schools. (3) That the average lot area per family con- tained in the site, exclusive of the area occupied by a'C-4" district or by streets, will not be less than the lot area per family requited in the district in which the development is located. (4) 71tat the area is adaptable to complete community development, being bounded by major thoroughfares, streets, rail roads, or other external barriers, and in- sofar as possible without a major thor- oughfare extending through the project, or any other physical feature which would tend to impair the neighborhood or com- munity cohesiveness. (5) That no more than twenty-five (25) per- cent of the gross area of the project be devoted to a 'C-4" district and that no more than fifty (50) percent of the gross area of the project located in • single- family district be devoted to multiple - family dwellings. (6) That sufficient area is reserved for recre- ational and educational facilities to meet the needs of the anticipated population, or as designated in the comprehensive plan. (7) That property adjacent to the a eluded in the plan will not be adversely affected and to this end, the city council may require, in the absence of any appro- priate physical barrier, that uses of least intensity or a buffer of open space or screening be arranged along the borders of the p jest. (8) That the plan is consistent with the intent and purposes of this chapter to promote public health, safety, morals, and general welfare. (f) Ifthe city council approves the plans, build ing permits and certificates of occupancy may be issued, even though the use of the land and the location and height of buildings to be erected in the area and the yards and open space contem- plated by the plan do not conform in all respects to the district regulations of the district in which it is located. (g) An application for a special use permit under this section may be made and processed contemporaneously with a proposed amendment of the district in which such cite lies. (h) A special use permit shall automatically expire upon the failure to develop the use of the land for which the special use Permit has been issued if the use is not developed within twelve (12) months after the permit has been issued. (i) In the event the use of the land for which the special use permit has been issued is discon- tinued for a period of one (1) year, then the special use permit shall automatically expire. (Code 1967, 4 30-38; Ord. No. 660, 4 2, 2-1-89, Ord. No. 754, § 1, 9.18-89; Ord. No. 793, Art. 1, 12-18-89; Ord. No. 845, art. 4, S. 4.16-90; Ord No. 962, art. 3, 1-16-91; Ord. No. 1085, art. 1, 9-16-91; Ord. No. 1237, art. 3, 9.21-92; Ord. No. 1459, art. 2, 12-20-93; Ord. No. 1529, arts, 2. 3, 5-16-94; Ord. No. 1551, arts. 5, 6, 6-20-94; Ord_ No. 1730, art. 2.6-19-95; Ord. No. 1779, art. 5, 6, 9-18-95; Ord. No. 1904, art. 1, 2-20-96; Ord, No. 2080, art. 1, 1148-96; Ord. No. 2198, arts. 7, S. 7-21.97; Ord. No. 2252, art. 2, 10-20-97; Ord_ No. 2269, art, 1, I0-20.97; Ord. No. 2487, art_ 2, 2.16-99) tom. tat m 1970 ZONING The unit must be permanently in- stalled on a properly designed, en. dosed foundation system in accor- dance with the BOCA National Building Code. .. Orientation of the manufactured housing unit on the lot shall conform to the same orientation as the ma- jority of conventionally built struc- tures in the immediate area (within three hundred (300) feet). Example. Front door to front lot line, rear door to rear lot line. (. Roof must be a gable or hip roof of at least three (3) in twelve (12) pitch or greater and covered with material that is residential in appearance, including, but not limited to ap- proved wood, asphalt composition or fiberglass shingles, but excluding cor- rugated aluminum, corrugated fiber- glass, or metal roofs; except for per- mitted deck areas, all roof structures shall provide an eave projection of no less than six (6) inches and no greater than thirty (30)inches. g. Exterior siding or covering shall be of a type, quality and appearance customarily used on conventionally built homes. h. The lot shall be provided with a hard surface (not earthen in nature) drive- way not less than nine (9) feet wide with side -yard parking sufficient for the placement of at least two (2) vehicles. I . A minimum of eighteen (18) inches of crawl space under the entire man- ufactured home shall be maintained. j. Permanent steps shall be set at all external exits with appropriate hand- rails and/or guard rails. k. The unit shall be served by a water supply and sewage disposal system in accordance with the International Plumbing Code, as currently adopted by the city. Supp Na 20 1969 630-39 1. The unit shall be served by an elec- trical service in accordance with the National Electrical as cur- rently adopted by m. My such sweturc��shall conform to all applice and subdivision ordinances and my other pertinent ordinance in effect at the time of installation or construction, including setback requirements. (38) Halfway houses for the rehabilitation of adult persons who are prisoners or former prisoners, may only be located in C-1, C-2, C-3, M-1, M-2, and A-1 woes, and, if approved, are subject to the following additional conditions: e. One (1) parking space for every four (4) residents, including staff resi- dents. b. The proposed facility shall provide appropriate and reasonable security. I. The facility shall have no exterior evidence of such use and no sign advertising such use. It. At the time of original approval, if the proposed facility is to be located within five hundred (500) feet of another such facility, public, private or parochial school, group home for adults or juveniles, nursing, rest or convalescent home (center), children's nursery or boarding home, day care center, residential zone, existing re idential use, or facility for the men- tally or physically handicapped, the city council may require such addi- tional conditions on the special use permit as it feels are necessary to minimize the effect of the proposed use on the surrounding properties. e. the applicant shall demonstrate that there shall be no negative impact on property within five hundred (500) feet of the proposed facility. (39) Microbrewery or pub brewery in a 'C-2", "C-3", or "M-1 district. (e) Community unit plan. The owner of an) tract of land may request a special use permit for the use and development of such tract for resider, r) n (IF DENIED) CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of, the Cape Girardeau City Council considered the application for Special Use Permit dated 6/27/2001 filed by Greater Missouri Builders, Inc. and Tyson P. Zahner for the property located at 2100 Block of William Street (Town Plaza parking lot), Cape Girardeau, Missouri for the purpose of constructing, maintaining and operating a drive-in restaurant in a 12 -foot by 28 -foot portable building. 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 CITY OF CAPE GIRARDEAU, MISSOURI (SEAL) ATTEST: Mayor City Clerk BILL NO. 2001-155 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO GREATER MISSOURI BUILDERS, INC. AND TYSON P. ZAHNER, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A DRIVE-IN RESTAURANT IN A 12 -FOOT BY 28 -FOOT PORTABLE BUILDING, IN THE 2100 BLOCK OF WILLIAM STREET (TOWN PLAZA PARKING LOT), IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Greater Missouri Builders, Inc. is the owner of certain property in the City of Cape Girardeau, on which Tyson P. Zahner desires to construct, maintain and operate a drive-in restaurant located in a 12 -foot by 28 -foot portable building; and WHEREAS, the proposed location of said drive-in restaurant is in the 2100 Block of William Street (Town Plaza Parking Lot), which property is presently zoned C-2, General Commercial District; and WHEREAS, a Special Use Permit is required for said use in an C-2 zone; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council having duly considered the application finds that the granting of the Special Use Permit will not substantially increase traffic hazards, congestion, fire hazards or adversely affect the general character of the neighborhood or the general welfare of the community, nor will it overtax public utilities or be in conflict with the comprehensive plan. ARTICLE 2. A Special Use Permit for purposes of constructing, maintaining and operating a drive-in restaurant located in a 12 - foot by 28 -foot portable building, on the following described property: A PART OF OUTLOTS NO. 57 AND 87, UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at a 1/2" Iron Pin Concrete (Found) at the Northwest corner of Outlot no. 57, U.S.P.S. No. 2199; Thence S 83007118" E, 461.54 feet along the North line of said Outlot No. 57 to a Railroad Spike (Found) at the Northwest corner of a tract of land recorded in the land records of the County Recorder's Office of book no. 294 at page no. 891; Thence S 06026106" W, 121.41 feet along the West line of said tract to the Southwest corner of said tract, from which a Railroad Spike (Pound) bears N 06026106" E, 0.7 feet; Thence S 83137149" E, 53.78 feet along the South line of said tract to a 1/2" Iron Pin (Set) on the North Right of Way line of Merriwether Street; Thence S 00007149" E, 49.52 feet to a 1/2" Iron Pin (Set on the South Right of Way line of Merriwether Street; Thence S 83037149" E, 500.43 feet along said South Right of Way line to a point on the west Right of way line of Sheridan Drive, from which a 1/2" Iron Pin (Found) bears S 00051' W, 0.9 feet; Thence along the West Right of Way line of said Sheridan Drive the following courses and distances: S 05000127" W, 181.97 feet to a 1/2" Iron Pin (Set); Thence S 00001' 14" E, 43.68 feet to a %z" Iron Pin (Found) at the Northeast corner of a tract of land recorded in book no. 290 at page no. 282; Thence along the North and West lines of said tract the following courses and distances: v N 84°57'14" W, 171.13 feet to a 1/2" Iron Pin (Set); Thence S 50059149" W, 21.56 feet to a 1/2" Iron Pin (Set); Thence S 06056152" W, 142.96 feet to a Chiseled Cross in Concrete (Found) on the North Right of Way line of William Street; Thence along said Right of Way line the following courses and distances: N 84029122" W, 277.34 feet to a 1/2" Iron Pin (Set); Thence N 00007149" W, 15.07 feet to a 1/2" Iron Pin (Set); Thence N 84029122" W, 568.90 feet to a 1/2" Iron Fin (Set); Thence N 83 057122" W, 212.10 feet to a 1/2' Iron Pin (Set) at the Southeast corner of a tract of land recorded in book no. 309 at page no. 397; Thence along the East and North lines of said tract the following courses and distances: N 06002138" E, 165.00 feet to a 1/2" Iron Pin (Set) at the Northeast corner of said tract; Thence N 83057122" W, 196.57 feet to a 1/2" Iron Pin (Set) at the Northwest corner of said tract; Thence S 06001154" W, 13.66 feet along the West line of said tract to the Northeast corner of a tract of land recorded in book no. 611 at page no. 756; Thence N 83058106" W, 176.65 feet along the North line of said tract of a 1/2" Iron Pin Set on the East Right of Way line of United States Route 61 (Kingshighway); Thence N 11006154" E, 137.37 feet along said Right of Way line to a 1/2" Iron Pin (Set) on the South Right of Way line of the Walker Creek Right of Way Line; Thence along said South and East Right of Way lines the following courses and distances: S 78°42153" E, 59.09 feet to a 1/2" Iron Pin (Set); Thence N 110 17107" E, 63.59 feet to a 1/2" Iron Pin (Set); Thence N 06016107" E, 145.02 feet to a 1/2" Iron Pin (Set); Thence N 11000138" E, 73.13 feet to a 1/2" Iron Pin (Set) on the North line of Outlot No. 87; Thence S 83030134" E., 509.97 feet along said North line to the point of beginning; containing 16.043 acres and subject to all easements of record. is hereby granted to Greater Missouri Builders, Inc. and Tyson P. Zahner, to be effective ten (10) days after the date of passage and approval of this ordinance. The special use must comply with all regulations set forth in the Zoning Code for the district in which the use is located except those which have been specifically excepted under this permit, and all other applicable ordinances of the City of Cape Girardeau, Missouri, and any special conditions contained in the Special Use Permit, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference. The City Manager is hereby given the power to execute the Special Use Permit for and on behalf of the City of Cape Girardeau, Missouri. ARTICLE 3. Attached hereto as Exhibit "B" and incorporated herein by reference is the formal Findings and Conclusions of the City Council. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 20 A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk NA SPECIAL USE PERMIT Greater Missouri Builders, Inc., 1550 Wall Street, Suite 31, St. Charles, MO 63303, and Tyson P. Zahner, 337 North Park Avenue, #1, Cape Girardeau, MO 63701, are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a drive-in restaurant located in a 12 -foot by 28 -foot portable building, on the following described property for an indefinite period of time: A PART OF OUTLOTS NO. 57 AND 87, UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at a 1/2" Iron Pin Concrete (Found) at the Northwest corner of Outlot no. 57, U.S.P.S. No. 2199; Thence S 83007118" E, 461.54 feet along the North line of said Outlot No. 57 to a Railroad Spike (Found) at the Northwest corner of a tract of land recorded in the land records of the County Recorder's Office of book no. 294 at page no. 891; Thence S 06026106" W, 121.41 feet along the West line of said tract to the Southwest corner of said tract, from which a Railroad Spike (Pound) bears N 06026106" E, 0.7 feet; Thence S 83137149" E, 53.78 feet along the South line of said tract to a 1/2" Iron Pin (Set) on the North Right of Way line of Merriwether Street; Thence S 00007149" E, 49.52 feet to a 1/2" Iron Pin (Set on the South Right of Way line of Merriwether Street; Thence S 83037149" E, 500.43 feet along said South Right of Way line to a point on the west Right of way line of Sheridan Drive, from which a 1/2" Iron Pin (Found) bears S 00051' W, 0.9 feet; Thence along the West Right of Way line of said Sheridan Drive the following courses and distances: S 05°00127" W, 181.97 feet to a 1/2" Iron Pin (Set); Thence S 00001' 14" E, 43.68 feet to a %11 Iron Pin (Found) at the Northeast corner of a tract of land recorded in book no. 290 at page no. 282; Thence along the North and West lines of said tract the following courses and distances: N 84°57'14" W, 171.13 feet to a 1/2" Iron Pin (Set); Thence S 50059149" W, 21.56 feet to a 1/2" Iron Pin l (Set); Thence S 06056152" W, 142.96 feet to a Chiseled �•/ Cross in Concrete (Found) on the North Right of Way line EXHIBIT A of William Street; Thence along said Right of Way line the following courses and distances: N 84029122" W, 277.34 feet to a 1/2" Iron Pin (Set); Thence N 00007149" W, 15.07 feet to a 1/2" Iron Pin (Set); Thence N 84029122" W, 568.90 feet to a 1/2" Iron Fin (Set); Thence N 83 057122" W, 212.10 feet to a 1/2' Iron Pin (Set) at the Southeast corner of a tract of land recorded in book no. 309 at page no. 397; Thence along the East and North lines of said tract the following courses and distances: N 06002138" E, 165.00 feet to a 1/2" Iron Pin (Set) at the Northeast corner of said tract; Thence N 83057122" W, 196.57 feet to a 1/2" Iron Pin (Set) at the Northwest corner of said tract; Thence S 06001154" W, 13.66 feet along the West line of said tract to the Northeast corner of a tract of land recorded in book no. 611 at page no. 756; Thence N 83158106" W, 176.65 feet along the North line of said tract of a 1/2" Iron Pin Set on the East Right of Way line of United States Route 61 (Kingshighway); Thence N 11006154" E, 137.37 feet along said Right of Way line to a 1/2" Iron Pin (Set) on the South Right of Way line of the Walker Creek Right of Way Line; Thence along said South and East Right of Way lines the following courses and distances: S 78042153" E, 59.09 feet to a 1/2" Iron Pin (Set); Thence N 110 17107" E, 63.59 feet to a 1/2" Iron Pin (Set); Thence N 06016107" E, 145.02 feet to a 1/2" Iron Pin (Set); Thence N 11000138" E, 73.13 feet to a 1/2" Iron Pin (Set) on the North line of Outlot No. 87; Thence S 83030134" E., 509.97 feet along said North line to the point of beginning; containing 16.043 acres and subject to all easements of record. This Special Use Permit is granted upon the condition that the Applicant be bound by all City Ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicant to comply with these special conditions, the Special Use Permit will automatically terminate and the City of Cape Girardeau shall have the right to enter upon the land to abate such special use. SPECIAL CONDITIONS: 1. The site plan shall be made a part of the Special Use Permit, with the location of the facility being approved EXHIBIT A by the Planning and Engineering Divisions at the time of construction. 2. The new and existing structures shall comply with the BOCA Building Codes and all other City ordinances. 3. If the structure is removed, the foundation shall be removed and the parking lot restored to its original condition. 4. Additions or modifications from the original building permit must be approved by the City Council. 5. Special use shall meet all applicable zoning regulations. 6. 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. 7. 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 EXHIBIT A 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 r) Delores G. Needham, Notary Public EXHIBIT A CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , , the Cape Girardeau City Council considered the application for Special Use Permit dated 6/27/2001 filed by Greater Missouri Builders, Inc. and Tyson P. Zahner for the property located at 2100 Block of William Street (Town Plaza parking lot), Cape Girardeau, Missouri for the purpose of constructing, maintainin in a 12 -foot by 28 -foot portable building. ana operating a arive-in restaurant In examining this application, the following factors were considered and found as noted: Yes No N/A The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-39 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved Denied X Approved with conditions specified on attached Special Use Permit CITY OF CAPE GIRARDEAU, MISSOURI (SEAL) ATTEST: Mayor City Clerk EXHIBIT B IN V V City Council Findings: The Proposed Special Use Permit, With The Stated Conditions, Would: 1. Substantially increase traffic hazards or congestion X 2. Substantially increase fire hazards X 3. Adversely affect the character of the neighborhood; X or in respect to special use permits for dwelling purposes where required, be adversely affected by the character of the neighborhood. 4. Adversely affect the general welfare of the community X 5. Overtax public utilities. X 6. Be in conflict with the comprehensive city plan X The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-39 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved Denied X Approved with conditions specified on attached Special Use Permit CITY OF CAPE GIRARDEAU, MISSOURI (SEAL) ATTEST: Mayor City Clerk EXHIBIT B IN V V MAS R r OY.' vy �5 ��'TC�L pR. BERRINC ffi Si. ` I • ` fiS t ON RE'H . BER11x1G MARIAN STi OSAGE i NIEMANN csa ER si COMMUNITY JOE i DR. MauncE o Fo AD CENTRE W ? DR �} f RUES cT OZARK sr W g i LCROH s Oµ. IANC MARTIN Ci, p ," MLU. o OR. _ ND ALE MARIETTA ST P F Rbo(f,r BUTLER 'CREEK { ST Dq RY LN. o sl MARrW sr. 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WOODUWN AYE. 0.0CKW000 c 3 v ORN BOC'I+ �S�P P 19 ,y DR tr2 UWN AVE. i < CHFRgR. HILL m DR �h DR.It / S a ' y NDRMAL S OR B0.0ADWAY SR L" C� AVE. / WASHINI DR. "IS 2" g RENA Ep WATKINS DR. 1ERIA DR. aR. o c s ROgO PARK IwAST. oW LACEY ST �� COLLEGE _F; i ASPEN u a 9� JAYCEE S" o HILL PL NORTH 3 D? SPRUCE DR- EXPD (, 1HILENUS Si. 3 o Q �LCf WAY •- 23 235 5T. A )LIE DR. '� ML Sj w q°R CH C BESSIE ST. BESSIE ST. ,a3CK PL DEl1EVJE N MIMOSA DR. CT r R Q < _T' THEMIS 'ENANDOAH ST. O,p $ 3 ^- ? LUCF m' $T. LUCE ST. HARMONY $T. RKKX KIMBERLY 3 o TME..._ BROADWAY g 7}yy DRWHITENER 5T u �(�W ECT SITE ST ST. THEMIs Zi SUSAN i7, ST. LYNN DR. MDEPENDENCE x INDEPENDENCE E DR. u PROFESCSIONAL Q a� �a� i Q MERRIWETHER u m ST. MERRIWETHER SH�RI DR. W MYRA MERRIII STHER RIWE=ER a o 2 DR. CL CAME a DR. 3 • ST. a v y053�PfWEs ' > Sj g WILLIAM � z ST. � "ww r pR <S TAR GOOD HOPE 5T. Q o OR } s 6000 MOPE z£ 0 3 VO ST. ff GORWNNUF po DR. CAPE CENTRE I F J gVO MORGAN OAK HENRY ST COUSIN 5T. .. WILLIAM�EREL Sb DR. _ < ih p & _ JEFFERsa* AVE. HERMAN 'ST. 65 L. \ P N $ /� \ st_ P.L�YY S JA COl1ELE IsT. COl1FGE apHE� 6 sr MONY ERY < N 'ST. z MAPLE hlY _ hir p )- N BRINK Hp. TA IT. 771 J ST. 5 WALNUT ST vP�"wP+ iqqY m WALNUT ST. 4�Py � G f � RO _Z OCUST ST. Y SHAWN EE yRe, �R I / LOCUST ST. FORT ASF AUTOPARN PARK ; _ VO SPORTS $ LINDEN ST. HICKORY 5T � Fr LN. NO 74 �t 2 HICKORY ST. as nMMAR RUST BRENOA m < 3 i W3 CARDN �' `� ST. KAY CT. �m HACKBERRY C� ST.�a RUSMAR w \ �? PIONEER DR, IVDU TRIAL DR. µ0P0 i' BOUNDARY 4 a s It./5s 55,KKH NNE GCRHARDTS= ST sewCH 9P I u _ I LA CRUZ \ \ SWME BEECH ST. N L ST PINE ST, I �eR POPLAR ST. & i� / CORPORATE COOPER Om COOPER ST. \ Ljf I Y ff LO / �® O --- J y ,8 q S J. ua I � --- 0 0 N co 7 M N N i - CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 201 Agenda August 6, 2001 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: SUBJECT: Request for a Special Use Permit for a Church and Recreation Complex and Day Care and Learning Centers in the 3700 block of Old Hopper Road This agenda item calls for the holding of an advertised public hearing on the request of the First Assembly of God Church of Cape Girardeau for a special use permit for a church and recreation complex and day care and learning centers in the 3700 block of Old Hopper Road in an R-1, Single Family Residential District. 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 July 11, 2001, by a vote of 9 in favor and none in opposition, with the following stipulations: 1) the permit be limited to the church and day care only; 2) the temporary entrance off of Old Hopper Road is to be removed upon the opening of the church;. and 3) the church has two (2) years to start construction. A number of citizens were present in support of, and in opposition to, this request. Following presentation by the applicant, three citizens spoke in opposition to this request, and petitions containing 112 signatures were submitted opposing the request. These petitions do not contain signatures from property owners representing 30% or more of the area within 185 feet of the subject property borders. The applicant has submitted a revised site plan, which is attached, based on the Planning and Zoning Commission recommendation. The revised site plan calls for 490 parking spaces for the church and day care center. The staff would also mention that the lake shown on the site plan is intended to provide wet detention as part of the site's stormwater management plan. A special use permit is not required for construction of a lake, but a stormwater management permit would be required. �5) It is recommended that the Council hold the advertised public hearing. Attached for first reading consideration is an ordinance authorizing this Special Use Permit. The Council should note that the ordinance and special use permit are limited to the church and day care. If the Council wishes to approve any of the additional facilities originally requested, the ordinance and special use permit will need to be amended. ully Submitted, /� ��Wk Bratton Michael G. Miller City Manager u w.a9 CME GIRARDEAU CODE 2 77te locations and general sizes of all buildings, structures, park- ing lots and other facilities com. prising the development, includ. jl�Ing data on size, facilities, and cupaocy limits of the planned torsion gambling boat or Boat. g facility, and accessory uses. s. Evidence that the development contains sufficient land to pro- vide for any necessary or pro- posed land side development and support facilities, includ. Ing parking, and the develop. ment includes sufficient river frontage to accommodate Iotation and operation of the planned excursion gambling boat or floating facility 4. An impact analysis including, but not limited to, expected ae cs routes, traffic volumes, peak hours ofoperation, needed road r street improvements and traf- fic controls necessary to accom- modate the proposed uses and traffic volumes, and plans for on-site security and disaster re- sponse. All buildings and permanently . oored structures shall comply with applicable standards of the city's building codes. Further, n - pancy permit for any accessory use set forth in this section shall be issued prior to the issuance of occu- pancy permits for all new land-based permanent structures proposed as a part of the development. The city council may, however, at its discre. tio, approve a temporary occupancy permit for any accessory use for a period of one (1) year if the required land-based structures are not cmn pleted. (3.3) Mini -warehouse or selfstorage units in "C-1" or "C-2" districts. (34) Parking garages: For enclosed or scon, enclosed parking garages only, parking vo K. 11 1968 n space dimensions less than the mininmm size required in this ordinance may be approved under a special use permit. A building/parking plan and documentary justification for a requested vanation from the minimum standards must be submit- ted with any application hereunder. (35) Assembly and manufacture from pre fabricated parts of electronic and similar products in C-2 districts. (36) Single or double -wide, manufactured home or manufactured business units for tem- porary office purposes only during con- struction or remodeling of a main build- ing in "M-1" Light Industrial Districts. Any special use permit, if approved, will become effective only upon the issuance of a building permit for a main building. All such temporary office units shall be re- moved upon occupancy of the completed construction or completion or abandon- ment of the construction work, whichever occurs first. (37) Double -wide maaufactured homes (mo- bile homes) in "R-1," "R-2," "R-3," or "114" districts, with the following provisions: a. The manufactured home shall be in compliance with Federal Manufac- tured Home Construction and Safety Standards, adopted June 15, 1976, as amended, and Missouri Public Service Commission rules: b. The unit when complete shall have a minimum width of not less than twen- ty-four (24) foundation feet as mea- sured at all points perpendicular to the length of the manufactured home, which shall not be less than forty- two (42) foundation feet. This stan- dard is intended to restrict units to the type which are brought to the site in parts, typically two (2) halves and at least one thousand eight (1,008) square feet minimum. I . All wheels, springs, axles, lights, and towing apparatus shall be removed. i 30J9 (:AIR: GIRARDEAU COME tial or for residential in combination with shop ping center uses as set forth in section 30-31. The development plan shall be referred to the plan ning and zoning commission for study and report. Approval shall be conditioned upon specific find ings that the proposed community unit plan meets the following conditions: (1) That the proposed development of any "CA" planned commercial district i eluded as a partof the plan complies with the regulations for those districts as set forth in section 30-31. (2) That the buildings, other than those lo- cated within a "C-4" district, located in the area shall be used only for one -family dwellings, two-family dwellings, or multi- ple dwellings and the usual accessory uses such as private or parking garages, storage space and for community activi- ties, including churches and schools. (3) That the average lot area per family con. tained in the site, exclusive of the area occupied by a "C-4" district or by streets, will not be less than the lot area per family required in the district in which the development is located. (4) That the area is adaptable to complete community development, being bounded by major thoroughfare's, streets, rail. roads, or other external barriers, and in- sofar as possible without a major thor- oughfare extending through the Project , or any other physical feature which would tend to impair the neighborhood or com- munity cohesiveness. (5) That no more than twenty-five (25) per thON e grass area of the project be to a 'C-4" district and that no an fifty (50) percent of the gross the project located in a single. family district be devoted to multiple. family dwellings. (6) That aullicienl area is reserved for recre- ational and educational facilities to meet the needs of the anticipated population, or as designated in the comprehensive plan. Bopp H. 20 1970 (7) That property adjacent to thea eluded in the plan will not be adverscl�v affected and to this end, the city council may require, in the absence of any appro- priate physical barrier, that uses of least intensity or a buffer of open space or screening be arranged along the borders of the project. (8) That the plan is consistent with the intent and purposes of this chapter to promote public health, safety, morals, and general welfare. (f) If the city council approves the plans, build- ing permits and certificates of occupancy may be issued, even though the use of the land and the location and height of buildings to be erected in the area and the yards and open space contem- plated by the plan do not conform in all respects to the district regulations of the district in which it is located. (g) An application for a special use permit under this section may be made and processed contemporaneously with a proposed amendment of the district in which such site lies. (h) A special use permit shall automatically expire upon the failure to develop the use of the land for which the special use permit has been sued if the use is not developed within twelve (12) months after the permit has been issued. (i) In the event the use of the land for which the special use permit has been issued is discon- tinued for a period of one (1) year, then the special use permit shall automatically expire. (Code 1967, ¢ 30-38; Ord. No. 660, § 2, 2-1-89; Ord. No. 754, 4 1, 9-18-89; Ord. No. 793, Art. 1, 12-18-89; Ord. No. 845, arts. 4, 5, 4-16-90; Ord No. 962, art. 3, 1-16-91; Ord. No. 1085, art. 1. 9-16-91; Ord. No. 1237, art. 3, 9-21-92; Ord. No. 1459, art. 2, 12-20-93; Ord. No. 1529, arta, 2, 3, 5.16-94; Ord. No. 1551, arts. 5, 6, 6-20-94; Ord. No. 1730, art. 2, 6-19-95; Ord. No. 1779, arta. 5.6. 9.18-95; Ord. No. 1904, art. 1, 2.20-96; Ord. No. 2080, art. 1, 11-18-96; Ord. No. 2198, arts. 7, 8, 7.21-97; Ord. No. 2252, art. 2, 10-20-97; Ord. No. 2259, art 1, 10-20-97; Ord. No. 2487, an. 2. 2.16-99) ZONING d. The unit must be permanently in- stalled on a properly designed, em closed foundation system in accor- dance with the BOCA National Building Code. e. Orientation of the manufactured housing unit on the lot shall conform to the same orientation as the ma. jorlty of conventionally built strut tures in the immediate area (within three hundred (300) feet). Example: Front door to front lot line, rear door to rear lot line. If Roof must be a gable or hip roof of at least three (3) in twelve (12) pitch or greater and covered with material that is residential in appearance, including, but not limited to ap- proved wood, asphalt composition or fiberglass shingles, but excluding cor- rugated aluminum, corrugated fiber- glass, or metal roofs; except for per- mitted deck areas, all roof structures shall provide an eave projection of no less than six (6) inches and no greater than thirty (30) inches. g. Exterior siding or covering shall be of a type, quality and appearance customarily used on conventionally built homes. h. The lot shall be provided with a hard surface (not earthen in nature) drive- way not less than nine (9) feet wide with side -yard parking sufficient for the placement of at least two (2) vehicles. I. A minimum of eighteen (18) inches of crawl space under the entire man- ufactured home shall be maintained. I . Permanent steps shall be set at all external exitswith appropriate hand- rails and/or guard rails. k. The unit shall be served by a water supply and sewage disposal system in accordance with the International Plumbing Code, as currently adopted by the city. 1., No 20 1969 130-39 I. The unit shall be served by an elec- trical service in accordance with the National Electrical Code, as cur- rently adopted by the city. in Any such structure so installed shall onform to all applicable zoning and subdivision ordinances and any other pertinent ordinance in effect at the time of installation or construction, including setback requirements. (38) Halfway houses for the rehabilitation of adult persons who are prisoners or former prisoners, may only be located in C-1, C-2, C-3, M-1, M-2, and A-1 zones, and, if approved, are subject to the following additional conditions: a. One (1) parking space for every four (4) residents, including staff resi- dents. b. The proposed facility shall provide appropriate and reasonable security. c. The facility shall have no exterior evidence of such use and no sign advertising such use. d. At the time of original approval, if the proposed facility is to be located within five hundred (500) feet of another such facility, public, private or parochial school, group home for adults or juveniles, nursing, rest or convalescent home (center), children's nursery or boarding home, day care center, residential zone, existing res- idential use, or facility for the men- tally or physically handicapped, the city council may require such addi- tional conditions on the special use permit as it feels are necessary to minimize the effect of the proposed use on the surrounding properties. e. The applicant shall demonstrate that there shall be no negative impact on property within five hundred (500) feet of the proposed facility. (39) Microbrewery or pub brewery in a "C-2", "C-3", or "M-1 district. (e) Community unit plan. The owner of any tract of land may request a special use permit for the use and development of such tract for residen- ZONING 4 N 3 See. 30.39. Speeial use regulations. (a) Subject to the provisions of this section, the city cotutcil may by ordinance on its own motion or on application grant a special use Permit for the special uses enumerated in this section in any districts u herein qualified from which the uses are otherwise prohibited by this chapter. The city council shall impose appropriate conditions and safeguards for the issuance of the special use permit, which may include a specified period of time for the permit, a limitation of the persons who may carry out such use, and limitations upon or requirements for the size or design of buildings and other improvements upon the property, all for the purpose of protecting the comprehensive plan and conserving and protecting property and prop- erty values in the neighborhood. (b) Applications for special use permits shall be made and processed in the same mariner u provided in section 30-5 relating to applications for district changes. (1) The city council shall determine whether such building or use will: a. Substantially increase traffic haz- ards or congestion. b. Substantially increase fire hazards. C. Adversely affect the character of the neighborhood; or in respect to spe- cial use permits for dwelling pur- poses where required, be adversely affected by the character of the neighborhood. d. Adversely affect the general welfare of the community. I Overtax public utilities. f Be in conflict with the cnmprehensivc city plan. (2) If the council's finding is negative as to all the subjects referred to in this subsection (b), the application may be granted; if af- firmative as to any subject, then such per- mit shall be denied. (d Any proposed special use shall otherwise comply with all the regulations set forth in this chapter for the district in which such use is located, except that the city council may Permit hospitals and institutions to exceed the height limitations of such district. 130-39 f.Al'F. GIIA DEAD CODE e No structures shall be crocted or ru main on any portion of the lot except as provided for under item g. hereof, d. No signs shall be erected on the park ing area except as approved by the city council. c. Parking areas shall be used for park- ing patrons, private passenger vehi- cles only, and no charge shall be made for parking within such premises. f. The parking shall be set back in con- formity with the established ore quired yards for residential uses and, where a parking area adjoins a dwell- ing use, it shall have a minimum side yard of ten (10) feet. g. The parking area shall be suitably screened or fenced, paved and drained, lighted and maintained free of debris. (21) Any "C" district use in an'R' district. (22) All uses for which special use permits are required by other Sections of these regula- tions. (23) Buildings in excess of the height and story requirements set forth in section 30-36 for "RJ" and "G2" districts, provided side yards are increased in width one (1) foot for each foot of height that the building exceeds the height regulations of the district in which it is located up to a height of seventy-five (75 ) feet and thereafter no increase in side yards shall be required for any height in excess of seventy-five (75) feet. (24) Any "Co district use in a more restrictive "C" district. (25) Senior citizen housing under the following conditions: a. Allowed only in "R-3; "R-4" and 'C" areas; b. Only senior citizens, handicapped or disabled individuals would be permit- ted to rent, purchase or inhabit units allowed under this chapter. c. A permanent sign, prominently dis- played, must be placed on the building clearly labeling the structure as senior citizen housing, and also having there upon the ordinance number establish ing the structure as senior citizen hous- ing. (26) Reserved. (27) The manufacture of commercial cooking and catering equipment in "C-3' districts. (28) Recycling in "C-2; 'C-3,' "M-1" or "NI -2' districts, including salvage, processing and storage of paper and paper products; alu- m cans and other metal containers; cloth, clothing and rags; plastics and rub- ber products; lumber or wood products; and glass. Provided, however, that all process- ing, treatment and handling of the above- described materials, other than loading and unloading from transport vehicles, shall be inside of a building and all storage of such materials shall be either inside of a build- ing or in closed transport trailers, in such a manner as not to create a nuisance by virtue of odor, vermin. emission, or dis- charge. Provided further that any process- ing of such materials shall not create a sante or health hazard by virtue of c odor, emission, discharge or byproducts. Loading and unloading of materials from transport vehicles shall be completed and the transport vehicles removed from the premises within twenty-four (24) hours of the receipt of a transport vehicle on the premises. Exclusions: a. No special use permit shall be required under this section for any person, com- pany or firm engaged in recycling ac- tivity of its own products which arc manufactured or sold on the premises when such recycling is done in support of the principal operation of that busi. ness. b. No special use permit will be required under the provisions of this section for recycling activity conducted by nm - profit organisations for periods not ex- ceeding thirty (30) days in eny Cshm- dar Year. (d) Special uses. (1) Public or private landing field, landing strip, helicopter landing pad, heliport or other landing area for all forms of aircraft; auto race track and drag strip. (2) Amusement park, but not within three hundred (300) feet of any "R' district. (3) Any general public building erected or used by any department of the city or county government, or a school district. Also, of- fices, warehouses, and other support build- ings for to 1 units of government and sub -state agencies, unless otherwise lo- cated within a zoning district which would allow a commercial or institutional facility of the same nature as a use -by -right. (4) Cemetery, crematorium or mausoleum. (5) Church or other place of worship, or Sun- day school, in 'R -I." "R-2," or "R-3' residen- tial districts. (6) Circus or carnival grounds, but not within three hundred (300) feet of any "R' district. (7) Commercial, recreational, or amusement development for temporary or seasonal Pe- riods. (8) IRrserued.) (9) Institution, college, or hospital provided that any hospital or institution permitted in any "R' district shall be located on a site of not less than five (5) acres, shall not occupy more than forty (40) percent of the total lot area, and shall he set back from all yard lines at least two (2) feet for each foot of building height. (lo) Marina or dock. (Il) Nursing home in 'R' districts. .. (12) Office building of a civic, religious or char- itable organization, conducting activities primarily by mail and not handling mer- chandise or rendering services on the prem- ises, but only within the "114" district. (13) Privately operated community building or recreation field. (14) Public utilities. (15) Riding stable. (16) Radio or television broadcasting tower or statim. (17) Residential uses as provided for in sections 30.28 (C-1 Districts) and 30-33 (M-1 Dis- tricts). 'Pravel trailer camp. in and (18) "M' districts. No travel trailer may be"used for any residential purpose either tran- siently or permanently unless located in a trailer camp or mobile home park. (19) The extraction of sand, gravel, and other raw materials requiring the removal of an overburden above the deposit, provided, however, any bulk storage of extr . or ma- terial or overburden and MY processing extraction machinery or the open face of any cut shall be at least five hundred `500) feet from any residential structure, or place. (20) Parking lots on land in "R" districts within three hundred (300) feet from the boundary of any 'C' or "M" district, provided the following standards are met: a. Ingress and egress to such lot shall be from a street directly serving the com- mercial, business or industrial district. It, No business involving the repair or service of vehicles, or sale, or display thereof shall be conducted from or upon such parking areas. 1965 ZONING c A special use permit shall not be required under this section for any agency of any state, county or other local government unit engaging in recycling activity for its internal op- eration purposes only and not for resale to the public for profit. (29) Residential or outpatient facilities for the treatment of alcohol or other drug abuse for not exceeding twenty (20) persons in "114" districts, or for more than twenty (20) persons in "C" districts, with the provision that no special use permit shall be issued for such a facility unless the applicant for such Permit provides evi- dence that he has provided written noti- fication of the proposed placement of the facility to the owner or owners of property located within one hundred eighty-five (185) feet of the boundaries of the prop- erty on which the treatment facility is to be located. Further, the exterior appear- ance of the treatment facility shall rea- sonably conform to the exterior appear- ance of other buildings in the vicinity and a treatment facility shall not be located closer than three hundred seventy (370) feet to any other substance abuse facility. (30) Single or double -wide, manufactured home or manufactured business units for office purposes only in "M-2" heavy industrial districts. (31) Family day care homes for the care of more than six (6) children but not more than ten (10) children in a residential zone. (32) Excursion gambling boat or floating gam- bling facility in any "C" or "M" district, or combination thereof, with the following provisions: a. Accessory uses directly connected, associated or linked with the opera- tion of en excursion gambling boat or floating facility shall be included with, and made a part of, any special use permit issued therefor and shall also be within a'C" or 'M' district, or combination thereof. 9uty. Ne, 12 1966 I; 1967 <1� Accessary uses associated with a i excursion gambling boat or floating facility shall include the following: 1. Boat support facilities. 2. Docking or mooring facilities. 3. Employee support facilities. 4. Ground transportation facili- ties. 5. Passenger ticketing and recd) tion facilities. 6. Parking facilities. 7. Security facilities. 8. Signs, including those attached to a building or other structure. a boat or floating facility. or otherwise placed on the prem ises constituting an excursion gambling boat or floating facil ity site. Off-street parking. Off-street park ing and loading facilities shall be provided as specified in section 30-39 of this chapter, except that the re quirement for oft -street Parking for an excursion gambling boat or float- ing facility and its accessory uses shall be one and one-half (14z) spaces for every two (2) passengers, based on maximum occupancy, plus one (1) space per employee on the maximum shift. In addition, full-size bus park ing spaces shall be provided as re- quired by the planning and zoning commission and city council. Site development plan. In apPlYing for a special use permit under this section, the developzfl&lshall sub mit a formal site review. which includes, bu cessar ily limited to the f I. Maps and other phios indi- cating the boundaries oft e' development and all proPa to be included, indicating whether such properties .- owned. leased, optioned. or pro_ posed for such. W (IF DENIED) CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of I , the Cape Girardeau City Council considered the application for Special Use Permit dated 4/25/2001 filed by First Assembly of God Church of Cape Girardeau for the property located at 3700 Block of Old Hopper Road in Cape Girardeau, Missouri for the purpose of constructing, maintaining and operating a church and day care center. 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 Cler CITY OF CAPE GIRARDEAU, MISSOURI Mayor BILL NO. 2001-156 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO FIRST ASSEMBLY OF GOD CHURCH OF CAPE GIRARDEAU, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A CHURCH AND DAY CARE CENTER IN THE 3700 BLOCK OF OLD HOPPER ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, First Assembly of God of Cape Girardeau is the owner of certain property in the City of Cape Girardeau, on which it desires to construct, maintain and operate a church and day care center; and WHEREAS, the proposed location of said church and day care center is in the 3700 block of Old Hopper Road, which property is presently zoned R-1, Single -Family Dwelling District; and n WHEREAS, a Special Use Permit is required for said use in an R-1 zone; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council having duly considered the application finds that the granting of the Special Use Permit will not substantially increase traffic hazards, congestion, fire hazards or adversely affect the general character of the neighborhood or the general welfare of the community, nor will it overtax public utilities or be in conflict with the comprehensive plan. ARTICLE 2. A Special Use Permit for purposes of constructing, maintaining and operating a church and day care center, on the following described property: That part of the East Half of the Northeast Quarter of Section 34, Township 31 North, Range 13 East of the Fifth Principal Meridian in the City and County of Cape Girardeau, State of Missouri, described as follows: Begin at an iron pin marking the Northeast corner of said Section 34; thence with the East line of said Section 34, South 0 degrees 53' 10" East, 1078.03 feet; thence South 88 degrees 36' 52" West, 143.91 feet; thence South 00 degrees 53' 10" East; 226.48 feet; thence North 88 degrees 36' 52" East, 143.91 feet; thence South 00 degrees 53' 10" East, 65.01 feet to an iron axle marking the Southeast corner of the Northeast Quarter of the Northeast Quarter; thence continue along said East Section line South 80 degrees 37' 33" East; 1364.07 feet to a set 5/8 inch diameter iron rod with an aluminum cap on the East Quarter corner of the Southeast Quarter, South 89 degrees 07' 15" West, 633.80 feet to a point on the East right of way line of Interstate 1155"; thence with said East right of way line, North 21 degrees 45' 00" West, 550.30 feet; thence North 27 degrees, 27' 39" West, 201.00 feet; thence North 21 degrees 45' 00" West, 1098.00 feet; thence North 4 degrees 23' 46" West, 33.53 feet; thence North 21 degrees 45' 00" West, 4.14 feet to the intersection of the East right of way line of Interstate 1155" and the West line of the Northeast Quarter of the Northeast Quarter of said Section 34; thence with said line, North 00 degrees 22' 01" West, 207.17 feet; thence South 85 degrees 31' 39" East, 660.94 feet; thence North 00 degrees 33' 45" West, 816.89 feet to a point on the North line of said Section 34, said point falling within the pavement of existing Hopper Road; thence with the North line of said Section 34, North 87 degrees 54' 06" East, 656.09 feet to the place of beginning. � ) LESS AND EXCEPT: A part of the Northeast Quarter of Section 34, Township 31 North Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Beginning at a iron railroad spike at the Northeast corner of Section 34, said point being the centerline intersection of Hopper and Kage Roads; thence along the East line of Section 34, South 00 degrees 07' 32" West, 200.00 feet; thence leaving said East line, North 90 degrees 90' 00" West, 30.00 feet; thence North 00 degrees 07' 32" East, 149.96 feet to the beginning of a curve concave to the Southwest having a central angle of 90 degrees 07132" and a radius of 20.00 feet; thence along said curve in a Northerly and Westerly direction along said curve 31.46 feet; thence North 90 degrees 00' 00" West, 475.00 feet; thence North 00 degrees 00100" East, 30.00 feet to a point on the North line of Section 34; thence along said North line, South 90 degrees 00' 00" East, 525.81 feet to the point of beginning. Containing 0.48 acres, more or less. is hereby granted to First Assembly of God Church of Cape Girardeau, 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 ATTEST: Gayle L. Conrad City Clerk W A. M. Spradling, III, Mayor . 20 SPECIAL USE PERMIT First Assembly of God Church of Cape Girardeau, c/o Paul Ridlen, Smith & Company, 901 Vine Street, Poplar Bluff, MO 63901, is hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a church and day care center, on the following described property for an indefinite period of time: That part of the East Half of the Northeast Quarter of Section 34, Township 31 North, Range 13 East of the Fifth Principal Meridian in the City and County of Cape Girardeau, State of Missouri, described as follows: Begin at an iron pin marking the Northeast corner of said Section 34; thence with the East line of said Section 34, South 0 degrees 53' 10" East, 1078.03 feet; thence South 88 degrees 36' 52" West, 143.91 feet; thence South 00 degrees 53' 10" East; 226.48 feet; thence North 88 degrees 36' 52" East, 143.91 feet; thence South 00 degrees 53' 10" East, 65.01 feet to an iron axle marking the Southeast corner of the Northeast Quarter of the Northeast Quarter; thence continue along said East Section line South 80 degrees 37' 33" East; 1364.07 feet to a set 5/8 inch diameter iron rod with an aluminum cap on the East Quarter corner of the Southeast Quarter, South 89 degrees 07' 15" West, 633.80 feet to a point on the East right of way line of Interstate 1155"; thence with said East right of way line, North 21 degrees 45' 00" West, 550.30 feet; thence North 27 degrees, 27' 39" West, 201.00 feet; thence North 21 degrees 45' 00" West, 1098.00 feet; thence North 4 degrees 23' 46" West, 33.53 feet; thence North 21 degrees 45' 00" West, 4.14 feet to the intersection of the East right of way line of Interstate 1155" and the West line of the Northeast Quarter of the Northeast Quarter of said Section 34; thence with said line, North 00 degrees 22' 01" West, 207.17 feet; thence South 85 degrees 31' 39" East, 660.94 feet; thence North 00 degrees 33' 45" West, 816.89 feet to a point on the North line of said Section 34, said point falling within the pavement of existing Hopper Road; thence with the North line of said Section 34, North 87 degrees 54' 06" East, 656.09 feet to the place of beginning. LESS AND EXCEPT: A part of the Northeast Quarter of Section 34, Township 31 North Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Beginning at a iron railroad spike at the EXHIBIT A Northeast corner of Section 34, said point being the centerline intersection of Hopper and Kage Roads; thence along the East line of Section 34, South 00 degrees 07' 32" West, 200.00 feet; thence leaving said East line, North 90 degrees 90' 00" West, 30.00 feet; thence North 00 degrees 07' 32" East, 149.96 feet to the beginning of a curve concave to the Southwest having a central angle of 90 degrees 07132" and a radius of 20.00 feet; thence along said curve in a Northerly and Westerly direction along said curve 31.46 feet; thence North 90 degrees 00' 00" West, 475.00 feet; thence North 00 degrees 00100" East, 30.00 feet to a point on the North line of Section 34; thence along said North line, South 90 degrees 00' 00" East, 525.81 feet to the point of beginning. Containing 0.48 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. The temporary entrance off of Old Hopper Road shall be removed upon the opening of the church. 2. Additions or modifications from the original building permit must be approved by the City Council. 3. Special use shall meet all applicable zoning regulations. 4. This Special Use Permit shall automatically terminate in twenty-four (24) months upon the failure to develop the use of the land for which the Special Use Permit has been issued. 5. This Special Use Permit is not transferrable without consent of the City Council. EXHIBIT A IN WITNESS WHEREOF, the City Manager of the City of Cape 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 ) l l On this day of 20 before me v 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 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 4/25/2001 filed by First Assembly of God Church of Cape Girardeau for the property located at 3700 Block of Old Hopper Road in Cape Girardeau, Missouri for the purpose of constructing, maintaining and operating a church and day care center. In examining this application, the following factors were considered and found as noted: Following consideration of the application, the requirements of Section 30-39 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved Denied X Approved with conditions specified on attached Special Use Permit CITY OF CAPE GIRARDEAU, MISSOURI (SEAL) ATTEST: Mayor City Clerk EXHIBIT B Yes No N/A City Council Findings: The Proposed Special Use Permit, With The Stated Conditions, Would: 1. Substantially increase traffic hazards or congestion X 2. Substantially increase fire hazards X 3. Adversely affect the character of the neighborhood; X or in respect to special use permits for dwelling purposes where required, be adversely affected by the character of the neighborhood. 4. Adversely affect the general welfare of the community X 5. Overtax public utilities. X 6. Be in conflict with the comprehensive city plan X The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-39 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved Denied X Approved with conditions specified on attached Special Use Permit CITY OF CAPE GIRARDEAU, MISSOURI (SEAL) ATTEST: Mayor City Clerk EXHIBIT B ysw i \ OR. VETERANS MEMORIAL DR. 1 i u AL LE11 01 EVIN / \ T •1 I \ KENIi-\� IITT Dit. MABIAN DR' Py �R DR g g OR. EARIIFEN �3 LEE DR. Ax cy i RD. R. { . �.9} LYNWOOD HILLS DR. v ' LFXINGTON m i s �TFRYOR CGS P,Q S\ JA541NElN. UMBYA700 3 9A ( L PO 6) C RORTNCH PLURCS. iIL 5 USA 'g CANNON �m ROY 1 �4f �V~�/ LN, -' MAGNOLIA ; Ili \ SCENIC DR.`J} A b / I \ GRANITE DR PATRIOT �A N ' oc�.. MELROSEV f1gpA HILLS DR. s� s •I KAGE O� RD. i � M g 3 OR. x 8 r`yh OSAGE o` o f \ lT BRCH tiARRONHEAD COMMUNITY o s`•3 Re, - ANNIMOOD % cr. CENTREDR. 5 / \ lllC: OLE 10tlD Y BFATE'RCI7FEK -'BRF_Cf/fl•R/OCf c ' lEF \ VALLEY MEW LN. �.J BRECKENRIDGE y r EAIXE RIOOE 1.DR. THOMAS�. OR. R HOPPER ' — _ ROAD — ��\ FA.c DR. ii L DR. Ove- HOP yFHOPPER RD. PHEASANT I 9 = y'C•\�S' E `AKE c+ OR. HOPPER / 00,4( g • RUN 5 STAG GOWNS ST. OAKLANSDT pOGYN00 d/ i m I I GIEN\'IEw & g BEAN VA LAKE (� Ln \ ENOp g1A�AU DR. A!"PY LEAR T7� CHRYSLERAT g z �. L — 4 J SU$J E� � 3 sT g d 3 OR CORPORATE �I .p lIZ \ T g P 1 �o 1 E R L Y f 1 BORDEAU p, �'f ? ���4.9 OR \ w DR. MISTrkA al DR ASPEN w 3 I . SPRULY; SL O til'• 1 1 SNEN u W40SA \ ANDOAN 1HEWpp \ RIDGEg T.. � KlNRERLY Si. DR MVRTENER ST. SUSAN A? MISSOURI ROUTE "\ LYNN DR N.CE 1A EKCNANCE DR CO. RD. &' i� PROFESSIONAL o oro PERCY DR R' v� \ � SFLEiLRI D _ 4 NYE. CSE ap -I T DR. Q RD NO 203 CO. CAMPSI\'0. 0 I oa ,\ N 74 NO V V ior N Not to scale CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 202 Agenda August 6, 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 and a Quit Claim Deed from Randol Farms Development, Inc. for the Kent Drive Project This Ordinance accepts aGeneral Warranty Deed and a Quit Claim Deed for the Kent Drive project. The General Warranty Deed transfers property from Randol Farms Development, Inc. for the road, per an agreement between the City and Randol Farms Development, Inc. The Quit Claim Deed transfers property to the City where part of the detention basin for the Kent Drive project is located, to correct an erroneous subdivision plat. The att4ed Ordinance would accept these Deeds for the City of Cape Girardeau. This ordinance A on your Agenda for your consideration for first reading. Submitted, Kent Bratton C-ityylanner Michael G. Miller City Manager [i] BILL NO. 2001-159 ORDINANCE NO. AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED AND A QUIT CLAIM DEED FROM RANDOL FARMS DEVELOPMENT, INC. FOR THE KENT DRIVE PROJECT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri hereby accepts a General Warranty Deed executed by Randol Farms Development, Inc., a Missouri Corporation, conveying to the City of Cape Girardeau, Missouri property for the Kent Drive project, more particularly described as follows, to - wit: A part of Lot 2 of Woodland Place Ninth Subdivision in the City of Cape Girardeau, Missouri, described as follows: Begin at the Northeast corner of Lot 2 of Woodland Place Ninth Subdivision; thence, along the North line of said Lot 2, South 89056'17" West, 37.54 feet; thence, South 89'17'57" West, 95.00 feet; thence, South 89°56'36" West, 109.95 feet to a point; thence, Southeasterly along a curve to the left, having a radius of 132.00 feet, a length of 117.35 feet; thence, South 50°57'43" East, 104.37 feet; thence, along a curve to the right, having a radius of 182.00 feet, a length of 158.98 feet; thence, South 00054'37" East, 59.97 feet; thence, along a curve to the left, having a radius of 22.00 feet, a length of 34.56 feet, to a point on the North right-of-way line of Lexington Avenue; thence, along said right-of-way line, South 89005'23" West, 93.99 feet to a point; thence leaving said right-of-way line along a curve to the left, having a radius of 22.00 feet, a length of 34.56 feet; thence, North 00°54'37" West, 59.97 feet; thence, along a curve to the left, having a radius of 132.00 feet, a length of 115.31 feet; thence, North 50°57'43" West, 104.37 feet; thence, along a curve to the right, having a radius of 182.00 feet, a length of 161.78 feet, to point on the North line of Lot 2 of Woodland Place Ninth Subdivision; thence, North 89°57'35" East, 49.99 feet to the Point of Beginning. ARTICLE 2. The City of Cape Girardeau, Missouri hereby accepts a Quit Claim Deed executed by Randol Farms Development, Inc., a Missouri corporation, conveying to the City of Cape Girardeau, Missouri property for the Kent Drive project, more particularly described as follows, to - wit: A tract of land being in the Southeast Quarter of Section 23, Township 31 North, Range 13 East, in the City and County of Cape Girardeau, Missouri, more particularly described as follows: Page 1 of 2 Commence at the Southeast corner of Section 23; thence North 00°53'00" East, 374.42 feet to f j the point of beginning; thence North 88°43'10" West, 232.91 feet to a point; thence North �J 00°53'00" East, 15.00 feet to a point; thence South 88043'10" East, 232.91 feet to a point; thence South 00°53'00" West, 15.00 feet to the Point of Beginning. ARTICLE 3. 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 A.M. Spradling, III Mayor Page 2 of 2 V V CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 203 Agenda August 6, 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 Easement and Temporary Construction Easement from Charles L. Drury, Trustee of the Charles L. Drury Revocable Trust Dated March 6,1989 for the Bloomfield Road II Project This Ordinance accepts aGeneral Warranty Deed, Permanent Easement and a Temporary Construction Easement for the Bloomfield Road II project. This project was a Transportation Trust Fund project. The attached Ordinance would accept this Deed and these Easements for the City of Cape Girardeau. This ordinance is on your Agenda for your consideration for first reading. Lz— i" YenBratton Submtted, Michael G. Miller City Manager �il r) BILL NO. 2001-160 ORDINANCE NO. AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FROM CHARLES L. DRURY, TRUSTEE OF CHARLES L. DRURY REVOCABLE TRUST DATED MARCH 6, 1989 FOR THE BLOOMFIELD ROAD II PROJECT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri hereby accepts a General Warranty Deed executed by Charles L. Drury, Trustee of Charles L. Drury Revocable Trust Dated March 6, 1989 conveying to the City of Cape Girardeau, Missouri property for the Bloomfield Road H project, more particularly described as follows, to -wit: THAT PART OF LOT 18 OF BLATTNER SECOND WEST SUBDIVISION IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, AS SHOWN BY PLAT RECORDED IN PLAT BOOK 16 AT PAGE 38, DESCRIBED AS FOLLOWS: Commence at the Northwest corner of said Lot 18; thence South 19106'22" East, 149.94 feet, to the place of beginning; thence continue South 19°06'22"East, 18.09 feet, to the North line of Bloomfield Road; thence along said North line, North 60°51'00" East, 235.65 feet; thence along the arc of a curve to the left, having a radius of 20.00 feet, a distance of 17.50 feet to a point on the arc of a non tangent curve; thence in a Southwesterly direction along the arc of said curve, being concave to the Northwest and having a radius of 3095.00 feet, a distance of 121.78 feet, (the chord across said arc bears South 62°4429" West, 121.77 feet); thence South 63°51'01" West, 126.11 feet; to the place of beginning and containing 2,894 square feet, more or less. ARTICLE 2. The City of Cape Girardeau, Missouri hereby accepts a Permanent Easement executed by Charles L. Drury, Trustee of Charles L. Drury Revocable Trust Dated March 6, 1989 conveying to the City of Cape Girardeau, Missouri an easement for the Bloomfield Road H project, more particularly described as follows, to -wit: THAT PART OF LOT 18 OF BLATTNER SECOND WEST SUBDIVISION IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, AS SHOWN BY PLAT RECORDED IN PLAT BOOK 16 AT PAGE 38, DESCRIBED AS FOLLOWS: Commence at the Northwest corner of said Lot 18; thence South 19°06'22" East, 149.94 feet; thence North 63°51'01" East, 33.18 feet to the place of beginning; thence continue North 63°51'01" East, 11.44 feet; thence North 55°10'48" West, 17.50 feet; thence South 34'49'02" West, 10.00 feet; thence South 55°10'53" East, 11.95 feet to the place of Page 1 of 2 beginning and containing 543 square feet, more or less. l ARTICLE 3. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Charles L. Drury, Trustee of Charles L. Drury Revocable Trust Dated March 6, 1989 conveying to the City of Cape Girardeau, Missouri an easement for the Bloomfield Road II project, more particularly described as follows, to -wit: THAT PART OF LOT 18 OF BLATTNER SECOND WEST SUBDIVISION IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, AS SHOWN BY PLAT RECORDED IN PLAT BOOK 16 AT PAGE 38, DESCRIBED AS FOLLOWS: Commence at the Northwest corner of said Lot 18; thence South 19°06'22" East, 97.26 feet, to the place of beginning; thence North 70°53'41" East, 31.64 feet; thence South 87°24'19" East, 52.79 feet; thence North 67°16'15" East, 72.01 feet; thence North 79°08'01" East, 54.63 feet; thence North 25°47'42" East, 53.69 feet, to the Southwest right of way line of Silver Springs Road; thence with said Southwest line, South 28°50'31" East, 8.81 feet; thence South 22°05'51" West, 40.84 feet; thence along the arc of a non - tangent curve being concave to the Northwest and having a radius of 3095.00 feet, a distance of 94.64 feet (the chord of said arc bears South 62°59'33" West, 94.64 feet); thence South 63°51'01" West, 81.71; thence North 55°10'48" West, 17.50 feet; thence South 34°49'02" West, 10.00 feet; thence South 55°10'53" East, 11.95 feet; thence South 63°51'01" West, 33.18 feet; thence North 19006'22" West, 52.68 feet, to the place of beginning and containing 5,757 square feet, more or less. ARTICLE 4. 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 A.M. Spradling, III Mayor Page 2 of 2 V CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 204 Agenda August 6, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau Dear Mayor and Council Members: SUBJECT: LOWERING THE BLOOD ALCOHOL CONTENT LEVEL NECESSARY FOR A CONVICTION OF DRIVING WITH EXCESSIVE BLOOD ALCOHOL CONTENT FROM .10 TO .08 During the 2001 Legislative Session, the Missouri General Assembly passed House Bill 302 lowering the blood alcohol content level necessary for a conviction of driving with excessive blood alcohol content from .10 to .08 percent or more by weight of alcohol in the blood. That Bill was signed by the Governor on June 12, 2001. Its effective date is September 29, 2001. In order to make our current ordinance consistent with this new state law, the attached ordinance has been prepared for your consideration. This ordinance was also given an effective date of September 29, 2001, in order to coincide with the beginning of the new state law. WEC/MGM/dgn 511 Respectfully submitted, iG AI W E is Cunningham Ci A to y ichael G. Miller City Manager r) BILL NO. 2001-161 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE RELATING TO LOWERING THE BLOOD ALCOHOL CONTENT LEVEL NECESSARY FOR A CONVICTION OF DRIVING WITH EXCESSIVE BLOOD ALCOHOL CONTENT FROM .10 TO .08 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 26-350 (a) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 26-350. Driving with excessive blood alcohol content. (a) A person commits the offense of driving with excessive blood alcohol content if he operates or is in actual physical control of a motor vehicle with ten hundredths of one (1) percent or more by weight of alcohol in his blood. - in its entirety, and a new Section 26-350(a) is hereby enacted in lieu thereof, in words and figures, reading as follows: Sec. 26-350. Driving with excessive blood alcohol content. (a) A person commits the offense of driving with excessive blood alcohol content if he operates or is in actual physical control of a motor vehicle with eight hundredths of one (1) percent or more by weight of alcohol in his blood. 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 on September 29, 2001. PASSED AND APPROVED THIS DAY OF , 20 A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad, City Clerk V W" CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 205 Agenda: August 6, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Open Containers and Consumption of Alcohol on Streets and Sidewalks Dear Mayor and Council Members: Municipal Ordinance 5-14 prohibits the possession of open containers or the consumption of alcohol upon streets, sidewalks or public parking areas. Special events are planned for the downtown area where the organizers are requesting that open containers and consumption of alcohol be allowed. The proposed ordinance would allow open containers and consumption at such events with the prior approval of the City Council. Respectfully r tephen C. Strong Chief of Police Michael G. Miller City Manager r) BILL NO. 2001-163 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE RELATING TO POSSESSION OR CONSUMPTION OF ALCOHOL IN PUBLIC BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 5-14 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Possession, consumption in public", reading as follows: Sec. 5-14. Possession, consumption in public. Except where authorized by appropriate city license, no person shall possess in open containers or consume intoxicating liquor or nonintoxicating beer in or upon streets, alleys, sidewalks or public parking areas, including a driver of any type of conveyance while in or upon streets, alleys, sidewalks, or public parking areas. sS;eYpa�.ed in its entirety, and a new Section 5-14 entitled "Possession, consumption in public", is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 5-14. Possession, consumption in public. Except where authorized by appropriate city license, or by other prior approval by the City Council, no person shall possess in open containers or consume intoxicating liquor or nonintoxicating beer in or upon streets, alleys, sidewalks or public parking areas, including a driver of any type of conveyance while in or upon streets, alleys, sidewalks, or public parking areas. ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 20 A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad, City Clerk IN City of Cape Girardeau, Missouri Office of the City Manager Council Letter No. 206 Agenda August 6, 2001 The Honorable Mayor and Members of the City Council Subject: Amendment to Section 19-9 of the City Code, Due Process Procedure Dear Mayor and Council Members: Bill No. 2001-164 amends Section 19-9 of the City Code concerning Personnel Polices, pertaining to Due Process and Appeals for disciplinary action affecting the pay or classification of regular non -probationary employees. Specifically, this amendment recommended by the Personnel Manual Team makes minor wording and grammatical changes without changing the process required. It is the Team's consensus that these changes aid in clarifying and standardizing the terminology between the Code, the Personnel Manual and our overall Organizational Structure. An example of the changes recommended are found in Sec. 19-9.(b).(2) which currently reads in part; "The cognizant department head or his designee," to "The department director or designee." Other changes are similar in nature and do not substantively change either the policy or process. It is the recommendation of the Personnel Manual Team and my personal recommendation that the attached ordinance be approved. Respectfully submitted, loa4xz �K� 41 ,-,ny ivlauar r) BILL NO. 2001-164 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 19-9 OF THE CITY CODE RELATING TO PERSONNEL POLICIES, APPEALS AND DUE PROCESS PROCEDURE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 19-9 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Appeals; due process required", reading as follows: Sec. 19-9. Appeals; due process required. (a) Job action affecting the employment classification or pay of any non -probationary full time employee, including assignment of disciplinary probation, suspension without pay, demotion with reduction in pay or dismissal, shall be subject to the provisions of this section. (b) The cognizant department head or his designee shall meet with and notify the employee, verbally and in writing of the proposed disciplinary action and circumstance(s) leading to the proposed disciplinary action. (1) The affected employee shall be provided an opportunity to rebut the circumstance(s), verbally and in writing, produce witness(es) on his behalf, having direct knowledge of the circumstance(s), and/or other evidence which may dispute those circumstance(s). (2) The cognizant department head or his designee shall consider all information provided during the rebuttal opportunity and determine if his recommendation should be modified, and inform the employee of his determination, verbally and in writing. n(c) Within three (3) working days (weekends and 1 holidays excluded) of being informed of the department's recommendation, the employee may appeal the action to the city manager or his designee, who shall review: (1) The circumstances leading to the recommendation, including remedial action attempted by the department, and (2) Evidence presented by record and/or testimony, and (3) The discipline request and determine whether it is appropriately matched to circumstance(s). (d) Within five (5) working days of conducting the appeals hearing, the city manager or his designee shall issue his decision, in writing, concerning the disposition of the department request and employee appeal. This decision shall be final and may be made effective retroactively for pay purposes, to the date established in subparagraph (b) of this section. hereby repeae3 in its entirety, and a new Section 19-9 entitled "Appeals; due process required" is hereby enacted in lieu thereof, in words and phrases, to read as follows: Sec. 19-9. Appeals; due process required. (a) Job action affecting the employment classification or pay of any non -probationary full time employee, including assignment of disciplinary probation, suspension without pay, demotion with reduction in pay or termination of employment, shall be subject to the provisions of this section. (b) The department director or designee shall meet with and notify the employee, verbally and in writing of the proposed disciplinary action and circumstance leading to the proposed disciplinary action. (1) The affected employee shall be provided an opportunity to rebut the circumstances, verbally and in writing, produce witnesses on his behalf, having direct knowledge of 2 the circumstances, and/or other evidence which may dispute those circumstances. (2) The department director or designee shall consider all evidence presented during the rebuttal meeting and determine if the recommended disciplinary action should be modified, and inform the employee of the final decision along with the employee's right to appeal, verbally and in writing. (c) Within three (3) full working days (weekends and holidays excluded) of being informed of the department's recommendation, the employee may appeal the action to the city manager or his designee, who shall review: (1) The circumstances leading to the proposed disciplinary action, including remedial action attempted by the department when appropriate. w (2) Evidence presented by the city and the employee, and (3) The proposed disciplinary action and determine whether it is appropriately matched to the circumstances. (d) Within five (5) full working days (weekends and holidays excluded) of conducting the appeals hearing, the city manager or his designee shall issue his decision in writing. This decision shall be final and may be made effective retroactively for pay purposes to the date of the Employee Rebuttal Meeting. 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 3 of Cape Girardeau, Missouri, and the sections of this Code may l be renumbered to accomplish such intention. V ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF 20 ATTEST: Gayle L. Conrad, City Clerk A. M. Spradling, III, Mayor 4 V � I CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 207 Agenda August 6, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Ordinance Amending Schedule F of Section 26-247 of the City Code, byRepealing A Portion of Ordinance No. CHA-1342 Establishing No Parking Along Henderson Avenue and an Ordinance Amending Schedule F of Section 26-247 Establishing a No Parking Zone On Henderson Avenue from Normal Avenue to Broadway, in the City of Cape Girardeau, Missouri With the construction of the new dormitory facilities on Henderson Street north of Broadway, Southeast Missouri University has requested that parking be prohibited on the section of Henderson Avenue between Normal Avenue and Broadway. Southeast Missouri University is the majority property holder along this section of street and off street parking is available. There is an existing area along this street that has already been designated by Ordinance to be a No Parking Zone. Therefore, in order to make this a uniform act, it will simplify the process to first repeal the ordinance establishing the existing no parking zone, then approve an ordinance establishing the entire area to be a No Parking Zone. Two separate ordinances will need to be acted on as follows: First, it is requested that first reading consideration be given to an ordinance amending Schedule F of Section 26-247 of the City Code by repealing the following Ordinances: Item number 1. of CHA-1342 Passed 05-17-93 The second action is to give first reading consideration to an ordinance amending Schedule F of Section 26-247 of the City Code by establishing a No Parking Zone on the east and west sides of Henderson Avenue from the intersection of Normal Avenue and Henderson Avenue, south to the intersection of Henderson Avenue and Broadway. MAL/MGM/ml Respectfully submitted, Mark A. L City En m r, P.E. Michael G. Miller City Manager ENGINEERING DIVISION ® ®®®®®m ® ® ®®®® CITY OF CAPE GIRARDEAU, MISSOURI HENDERSON STREET NO PARKING ZONE LOCATION MAP BILL NO. 2001-165 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, REPEALING AND ESTABLISHING NO PARKING ON HENDERSON 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 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 locations: Henderson Avenue, west curb line, beginning at the southwest corner of Henderson Avenue and Normal Avenue and extending southward along the west curb line of Henderson Avenue for a distance of 157 feet, terminating at a driveway. [CHA-1342, Item No. 1, 05-17-93] ARTICLE 2. Schedule F of Section 26-247 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by ESTABLISHING a no parking zone in the City of Cape Girardeau, Missouri, at the following locations: Henderson Avenue -- east and west sides, from the intersection of Normal Avenue and Henderson Avenue, south to the intersection of Henderson Avenue and Broadway. 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 59 20 A. M. Spradling, III, Mayor :i] CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 208 Agenda August 6, 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 of Cape Girardeau to Enter Into an Agreement for the Installation of a Traffic Signal by Others to be Maintained by the Commission with Missouri Highways and Transportation Commission With the construction of the new portion of Southern Expressway, west of U.S. Highway 61, the City plans to install new traffic signals at the intersection of U.S. Highway 61 and Southern Expressway. This being state maintained right-of-way, it is required that the City enter into an Agreement with Missouri Highways and Transportation Commission outlining the City's responsibilities in the installation of the signals and the Commissions responsibilities in maintaining the same. It is therefore requested that first reading consideration be held for this Ordinance authorizing the City to enter into this Agreement with the Commission. MAUMGM/ml Respectfully submitted, M ester, P.E. ity Engi er Michael G. Miller City Manager BILL NO. 2001-167 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, FOR THE INSTALLATION OF A TRAFFIC SIGNAL BY OTHERS, TO BE MAINTAINED BY THE COMMISSION BE IT ORDAINED 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 the Missouri Highways and Transportation Commission, for the installation of a traffic signal by others, to be maintained by the Commission. A copy of said Agreement is attached to this Ordinance and made a part hereof. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. r) PASSED AND APPROVED THIS DAY OF ATTEST: Gayle L. Conrad, City Clerk n A. M. Spradling, III, Mayor 20 CCO Form: TR16 Approved: 12/93 (DPP) Revised: 8/99 (BDG) Modified: MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AGREEMENT FOR THE INSTALLATION OF A TRAFFIC SIGNAL BY OTHERS TO BE MAINTAINED BY THE COMMISSION This Agreement is made and entered into by and between the Missouri Highways and Transportation Commission (hereinafter, "Commission"), whose address is P.O. Box 270, Jefferson City, Missouri 65102, and The City of Cape Girardeau (hereinafter, " CITY "), whose address is 401 Independence, Cape Girardeau, MO 63702-0617. WITNNESSETH: WHEREAS, the Commission owns and operates, as part of the State Highway System, U.S. Route 61 located at Southern Expressway in Cape Girardeau County; and WHEREAS, CITY is desirous of performing certain tasks related to the installation of a traffic signal at U.S. Route 61 & Southern Expressway in said county. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: (1) OWNERSHIP: The CITY represents that it is the owner of certain property located at U.S. Route 61 & Southern Expressway in Cape Girardeau County. (2) PROPOSAL: The CITY proposes and the Commission will allow the installation of a fully -actuated traffic signal at this location. (3) LOCATION: The general location of the traffic signal to be installed pursuant to this Agreement is at the intersection of U.S. Route 61 and Southern Expressway in Cape Girardeau, Missouri. (4) COSTS: All costs associated with the construction of the proposed improvements, including, but not limited to, signing, traffic signals, and traffic control during construction, will be borne entirely by the CITY, with no cost incurred by the Commission. (5) PLANS: The CITY shall have detailed plans prepared at its cost, which -1- are to be submitted to the Commission's District Engineer for the Commission's review and approval. (6) SIGNALS: All pavement marking, signs, and traffic signals installed with the proposed improvements shall be in accordance with the latest revision of the Manual on Uniform Traffic Control Devices for Streets and Highways. (7) RELOCATION: The CITY shall secure the removal, relocation or adjustment of any public or private utilities located on private easements or public right -of way, if the construction of the herein contemplated improvements so required, without cost to the Commission. (8) INSPECTION: The CITY will allow inspection of the construction of the herein contemplated improvements by the Commission's District Engineer, or his authorized representative, at any time and shall take no attempts to prevent said inspection. Within thirty (30) days following notice by the CITY to the Commission that construction is complete, the Commission will inspect the work to determine that it is acceptable. The traffic signal will not be placed in operation until the Commission authorizes. (9) INDEMNIFICATION: The CITY shall indemnify and save harmless the Commission and its agents, servants, assigns, and employees from damages or claims for damages arising from, or as a result of, the actions or omission, whether negligent or not, of the CITY or its agents or employees in connection with and during the construction of the herein contemplated improvements. If the Commission should expend any funds, except as otherwise provided herein, in connection with the construction of the herein contemplated improvements, the CITY shall reimburse the Commission for same. (10) COMMISSION RIGHT OF WAY: All improvements made within the state-owned right-of-way shall become the Commission's property, and all future alterations, modifications, or maintenance thereof, will be the responsibility of the Commission. The Commission, at its cost, shall supply electrical current to operate the signal. (11) PERMITS: Before beginning work, the CITY shall secure from the Commission's District Engineer a permit for the proposed improvement. (12) BOND: The CITY shall secure sufficient bond, as determined by the Commission's District Engineer or his authorized representative, for the construction of the proposed improvement Commission right-of-way. (13) CONSTRUCTION OF IMPROVEMENTS: All construction of the proposed improvements shall be according to the latest editions of the Missouri Highways and Transportation Commission's Standard Specifications for Highway Construction, Standard Plans for Highway Construction, and the Missouri -2- Department of Transportation's Approved Products List for Traffic Signals and Highway Lighting. (14) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representative of the CITY and the Commission. (15) ASSIGNMENT: The CITY shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (16) AUDIT OF RECORDS: The CITY must maintain all records relating to this Agreement, including but not limited to invoices, payrolls, etc. These records must be available at all reasonable times at no charge to the Commission and/or its designees or representatives during the period of this Agreement and any extension thereof, and for three (3) years from the date of final payment made under this Agreement. (17) CANCELLATION: The Commission may cancel this Agreement at any time for a material breach of contractual obligations by providing the CITY with written notice of cancellation. Should the Commission exercise its right to cancel the contract for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the CITY. (18) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the state of Missouri. The CITY shall comply with all local, state and federal laws and regulations relating to the performance of this Agreement. (19) MISSOURI NONDISCRIMINATION CLAUSE: The CITY shall comply with all the provisions of Executive Order No. 94-03, issued by the Honorable Mel Carnahan, Governor of Missouri, on the fourteenth (14th) day of January 1994, which executive order is incorporated herein by reference and is made a part of this Agreement. This Executive Order promulgates a Code of Fair Practices for the Executive Branch of Missouri Government and prohibits discrimination against recipients of services, and employees or applicants or employment of state contractors and subcontractors, on the grounds of race, color, religion, national origin, sex, age, disability, or veteran status. The CITY shall also comply with all state and federal statutes applicable to CITY relating to nondiscrimination, including, but not limited to, Chapter 213, RSMo; Title VI and Title VII of the Civil Rights Act of 1964 as amended (42 U.S.C. Sections 2000d and 2000e, et seq.); and with any provision of the "Americans with Disabilities Act" (42 U.S.C. Section 12101, et seq.). (20) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall be instituted only in the Circuit Court of Cole -3- County, Missouri. (21) SECTION HEADINGS: All section headings contained in this Agreement are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the CITY this day of , 2001. Executed by the Commission this day of , 2001. MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION CITY OF CAPE GIRARDEAU By Title Secretary to the Commission Approved as to Form: Commission Counsel j AcontractUrVO 6 -4- By Mayor By City Manager Approved as to Form: City Attorney CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 209 Agenda August 6, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members Subject: Public Hearing and Ordinance on Proposed Property Tax Rates for Fiscal Year Beginning July 1, 2001. This item provides for the holding of an advertised public hearing and the consideration of an'ordinance that would establish the property tax rate for the City of Cape Girardeau for the fiscal year beginning July 1, - 2001. This public hearing and ordinance are done each year in accordance with statutory requirements, which have been established for the setting of the property tax rates for local governments. In June, the City Council approved an ordinance that adopted the budget for the current fiscal year. The adopted budget contained a proposed tax levy which would meet the requirements of the city and constitutional and statutory requirements for the establishment of a tax rate. The proposed tax levy per $100 of assessed valuation is set at $.65. This would be a rate of $.32 for the General Fund, $.06 for the Health Fund, $.10 for the Debt Service Fund and $.17 for the Library Fund. These are the same rates as set last year. The city's current assessed valuation is $406,126,867. The total property tax revenue was estimated to be $2,381,329. [i] The city will also be setting the tax rate for Special Business District No. 2, which is composed of primarily the Downtown area. The proposed tax levy for this area will be $.79 per $100 of assessed valuation. This is the same rate as set last year. The amount of money raised from this levy, approximately $14,500, will be utilized for various improvements within the Special'Business District area. Under current state law, the State Auditors Office is responsible for calculating the allowable property tax rates for each political subdivision. These calculations and the allowable property tax rates normally are received between the scheduled August City Council meetings each year. Therefore, there is a slight possibility that the tax rates originally proposed by the adopted budget would have to be adjusted. Any adjustments could be made by amending the attached ordinance on the second and third readings. In order to complete the fiscal requirements of the current budget year, it is recommended that the City Council hold the advertised public hearing and give first reading to the attached ordinance which would implement the tax rates for the current fiscal year. Respectfully submitted, Joh R. Richbourg Fi nce Director Michael G. MiTler City Manager MGM:gc BILL NO. 2001-168 ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE LEVYING OF THE ANNUAL CITY REVENUE TAX; LIBRARY FUND TAX; PUBLIC HEALTH TAX; DEBT SERVICE FUND TAX; SPECIAL BUSINESS DISTRICT NO. 2 TAX; FOR THE FISCAL YEAR ENDING ON THE 30TH DAY OF JUNE, 2002 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. There is hereby levied for the fiscal year ending on the 30th day of June, 2002, a city revenue tax of Thirty -Two Cents ($.32) on the One Hundred Dollars ($100.00) assessed valuation of all property within the city limits made taxable by law for state and county purposes and not by general law exempt from taxation for municipal purposes. ARTICLE 2. There is hereby levied for the fiscal year ending on the 30th day of June, 2002, a library tax of Seventeen Cents ($.17) on the One Hundred Dollars ($100.00) assessed valuation of all property within the Municipal Library District of the City of Cape Girardeau made taxable by law for state and county purposes and not by general law exempt from taxation for municipal purposes. ARTICLE 3. There is hereby levied for the fiscal year ending on the 30th day of June, 2002, a public health tax of Six Cents ($.06) on the One Hundred Dollars ($100.00) assessed valuation of all property within the city limits made taxable by law for state and county purposes and not by general law exempt from taxation for municipal purposes. ARTICLE 4. There is hereby levied for the fiscal year ending on the 30th day of June, 2002, a debt service fund tax of Ten Cents ($.10) on the One Hundred Dollars ($100.00) assessed valuation of all property within the city limits made taxable by law for state and county purposes and not by general law exempt from taxation for municipal purposes. ARTICLE 5. There is hereby levied for Special Business District No. 2 of Cape Girardeau, Missouri, for the fiscal year ending on the 30th day of June, 2002, an ad valorem real estate tax of Seventy -Nine Cents ($.79) on the One Hundred Dollars ($100.00) assessed valuation of all real estate within Special Business District No. 2 of Cape Girardeau, Missouri, not by general law exempt from taxation. ARTICLE 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 7. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2001. A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad, City Clerk 5-bl M�' �- I CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 210 Agenda August 6, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Missouri Local Records Preservation Grant Program Dear Mayor and Council Members: In April of 2001 the City submitted a grant application to the Office of the Secretary of State for a local records grant for microfilming city records. Under this program, the City is required to contribute thirty percent in matching funds, ten percent of which must be a cash match. On July 1, 2001, the City was awarded a grant in the amount of $2,800 for preparation and microfilming of records. The city's anticipated matching funds are $419.50 cash and $780.50 in-kind. The total cost of the project will be approximately $4,000. Attached for your consideration is a resolution authorizing a Grant Agreement with the Secretary of State, Local Records Preservation Program., accepting the grant funding for the city's microfilming project. GLC:MGM:gc W Michael G. Miller City Manager BILL NO. 2001-157 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL RECORDS PRESERVATION GRANT AGREEMENT, WITH THE MISSOURI SECRETARY OF STATE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,' MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Local Records Preservation Grant Agreement with the Missouri Office of the Secretary of State. 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 W , 20 A. M. Spradling, III, Mayor LOCAL RECORDS PRESERVATION GRANT MISSOURI SECRETARY OF STATE Offered through the Local Records Preservation Program Grant Agreement This Agreement is entered into between the Missouri Office of the Secretary of State, (hereinafter, the "Office") and the City of Cape Girardeau (hereinafter, the "Grantee") In consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: (1) PURPOSE: The Missouri General Assembly pursuant to Section 109.221, RSMo, has authorized funds to be used for preserving local records. The purpose of this Agreement is to award to the Grantee the use of such funds, to be administered by the Office, for.the purpose of implementing a local records preservation project. (2) GRANT PERIOD: The grant period for this Agreement is July 1, 2001 through June 30, 2002. (3) GRANT AWARD: The Office shall pay to the Grantee an amount not to exceed Two Thousand Eight Hundred dollars ($2,800) as full payment for performance of the terms set forth in this Agreement. The Office shall transmit payment to the Grantee as follows: (A) One Thousand Nine Hundred Sixty dollars ($1,960) upon the execution of this Agreement. (B) Eight Hundred Forty dollars ($840) after the Grantee submits to the Office all reports and documentation required under the terms of this Agreement. (4) SCOPE OF GRANT: The Grantee shall use the grant funds awarded under the terms of this Agreement to implement the local records preservation project described in the Grantee's project plan and project budget which are attached and incorporated as part of this Agreement. (5) NOTICE: All notices, reports, or communications required by this Agreement shall be made in writing and shall be effective upon receipt by the Grantee or the Office at their respective addresses of record. Either party may change its address of record by written notice to the other party. (A) Notice to the Office: Notices to the Office shall be addressed and delivered to the following as designated primary project contact: Maria Hines Local Records Division 600 W. Main P.O. Box 1747 Jefferson City, MO 65102 (B) Notice to Grantee: Notices to the Grantee shall be addressed and delivered to the following as designated primary project contact: Gayle L. Conrad, City Clerk PO Bog 617 Cape Girardeau MO 63702-0617 573-334-1212 (6) PROJECT NUMBER: The Project Number for the work and services under this Agreement is LRPG 02-020. (7) REPORTS: The Grantee shall submit to the Office: (A) An interim report summarizing and evaluating the Grantee's accomplishments pursuant to this Agreement. The Grantee shall submit the interim report by March 1, 2002. (B) A final report summarizing and evaluating the work and services completed pursuant to this Agreement. The final report shall be submitted by June 30, 2002. (8) OFFICE ASSISTANCE: The Office shall provide forms for completing certain interim and final reports. The Office may advise and assist the Grantee, as resources permit, in implementing and evaluating the work and services to be performed pursuant to this Agreement. (9) RECORDS: The Grantee shall retain, for not less than three years from the termination date of the grant period, records documenting the expenditure of all funds provided by the Office pursuant to this Agreement. The Grantee shall, upon request, provide to the Office any records so retained. V" (10) AUDIT AND ACCOUNTING: The Grantee shall use adequate fiscal control and accounting procedures to disburse properly all funds provided by the Office pursuant to this Agreement. The Grantee shall deposit unused funds provided pursuant to this Agreement in an interest bearing account and use any accrued interest from the account for the work and services to be provided pursuant to this Agreement. The Grantee shall submit to the Office copies of all financial reports and audits performed pursuant to Article VI, Section 24 of the Missouri Constitution, Section 105.145, RSMo, or 15 CSR 40-3.030. (11) LAW TO GOVERN: This Agreement shall be construed according to the laws of the state of Missouri. The Grantee shall perform all work and services in connection with this Agreement in conformity with applicable state and federal laws and regulations including, but not limited to, Article VI, Section 24 of the Missouri Constitution, Section 105.145, RSMo, Section 109.221, RSMo, 15 CSR 40-3.030, and 15 CSR 30-45.030. (12) SUBCONTRACTING: The Grantee may subcontract work and services set forth in this Agreement, provided that the Office shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract. The Grantee shall be solely responsible for the services provided in connection with this Agreement and solely liable to any subcontractor for all expenses and liabilities incurred under the subcontract. (13) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, shall be accomplished by a formal written amendment signed and approved by the duly authorized representatives of the Grantee and the Office. (14) INDEMNIFICATION: The Grantee shall be responsible for the acts, omissions to acts or negligence of the Grantee, its agents, employees and assigns. The Grantee shall hold harmless and indemnify the Office, including its agents, employees and assigns, from every injury, damage, expense, liability or payment, including legal fees, arising out of any activities conducted by the Grantee in connection with or in any way relating to this Agreement. (15) SOVEREIGN IMMUNITY: The State of Missouri, its agencies and its subdivisions do not waive any defense of sovereign or official immunity upon entering into this Agreement. (16) INDEPENDENT CONTRACTOR: The Grantee, its agents, employees and assigns shall act in the capacity of an independent contractor in performance of this Agreement and not as an agent, employee or officer of the Office of the /�"� Secretary of State. (17) CANCELLATION: The Office, by providing the Grantee with written notice of cancellation, may cancel this Agreement at any time for a failure by the Grantee to fulfill its obligations under this Agreement. The Office shall determine if the Grantee has fulfilled its obligations under this Agreement. Should the Office exercise its right to cancel this Agreement, the cancellation shall become effective upon the date specified in the notice of cancellation sent to the Grantee. In the event of a cancellation of the Agreement, the Office shall compensate the Grantee for work and services completed prior to the notice of cancellation. (18) HEADINGS: The underlined headings appearing within this instrument shall not be incorporated as part of this Agreement and are included only for the convenience of the reader. (19) ENTIRE AGREEMENT: This instrument embodies the whole agreement of the parties. No amendment shall be effective unless it is accomplished by a formal written amendment signed and approved by the duly authorized representatives of the Grantee and the Office. ' (20) COPYRIGHT: The Grantee may copyright materials produced pursuant to this Agreement provided that the state of Missouri reserves the royalty -free, non- exclusive, irrevocable right to reproduce, publish or otherwise use the work or authorize others to use the work. Any publication resulting from or primarily related to funds provided pursuant to this Agreement shall contain an acknowledgment that the publication was supported in whole or in part with state funds. (21) ACCESS: The Grantee, at any time during the grant period, shall provide to the Office access to the site of the work being provided under this Agreement. V" n City of Cape Girardeau MISSOURI OFFICE OF SECRETARY OF STATE Signature Title Date n Dan Ross, Executive Deputy Date Lynn Morrow, Director Local Records Division Local Records Assigned Grant Project No. J C �2 Missouri Secretary of State Local Records Preservation Program FY 2002 Grant Application James C. Kirkpatrick State Information Center �y PO Box 1747, Jefferson City, MO 65102 State Senate District., 27 State Representative District: 158 IDENTIFY GOVERNMENT ENTITY AND PROJECT PERSONNEL Applicant Agency: City of Cape Girardeau, Missouri County: Cape Girardeau Agency Head: Michael G. Miller, City Manager Address: 401 Independence, P. O. Box 617, Cape Girardeau, MO 63702-0617 Telephone: 573-334-1212 Fax: 573-335-7946 E-mail: capecm@showme.net Federal Employer Identification Number (FEIN): 43-6000593 Authorizing Agency (if different from above): City of Cape Girardeau, Missouri Authorizing Official/Title: Michael G. Miller, City Manager Address: 401 Independence, P.O. Box 617, Cape Girardeau, MO 63702-0617 Telephone: 573-334-1212 Fax: 573-335-7946 E-mail: capecm@showme.net Primary Project Contact: Gayle L. Conrad, City Clerk Address: 401 Independence, P.O. Box 617, Cape Girardeau, MO 63702-0617 Telephone: 573-334-1212 Fax: 573-335-7946 E-mail: cclerk@showme.net Would you like your funds electronically deposited? ❑ YES IKI NO Application Prepared by: Namefritle: Gayle L. Conrad, City Clerk Date: March 8, 2001 Telephone: 573-334-1212 Fax: 573-335-7946 E-mail: cclerk@showme.net Budget Summary Line Item Grant Funds Cash Match In -Kind TOTAL (70% maximum) (10% minimum) (20% maximum) (100%) Personnel $780.50 5 780 50 Supplies Travel Vendor $2,800.00 $419.50 $3,219:50 Consultant Other: Specify Shelving (Standard Metal) Subtotals -----____-----$2,800.00 -__--__-'_---_-_-$419.50 -_-__---___-_--$780 50 __-__-____-__-$4,Q00=00 _-_- Equipment: Specify 50% Grant funds 50% CASH match Subtotals Grant Funds Requested: Total Project Cost: $2,800.00 $4,000.00 Certification of Authority to Secure and Encumb Project Funds Printed Name/Title of Authorizing Official Signature of Authorizing Official Date March 1. 2001 2 Project Proposal _ 1. Statement of Purpose Historical records of the City are stored in a vault on the first floor of city hall that is not temperature humidity controlled. The records are rapidly deteriorating and the paper is crumbling on the edc making it very difficult to read. In addition, the city has experienced rapid commercial development o the last eight years, thereby causing an increased amount of record retention as required under Missc State law. In addition, in June of 1992, the City of Cape Girardeau purchased the water system fron private company and implemented the utility billing system. The record retention for water billing is v. voluminous and has taken up a vast majority of city hall's record storage space. The city's current records system has kept an accurate inventory of records; however, many records stored in banker's boxes near the boiler unit used to heat City Hall. This presents a severe fire haz: and is a violation of the local Fire Code. Most records stored in the boiler room are susceptible drawing moisture from the concrete walls, causing the records to mold and mildew. When the reco are accessed, they are often damaged. In addition, due to the commercial development and purchase of the water system, the storage space has become extremely limited and overcrowded. Due to the problems stated above, the purpose of this project is to microfilm permanent governmer records as referred to in the Records Management Law and to store the microfilm in the City's vault. addition, this project is to free up space in the City Hall storage area to allow storage of non-perman( records, and to ensure the safety of permanent, vital records for historical purposes and to comply the Records Management Law. 2. Project Summary l The proposed project will include microfilming of permanent governmental records as referred to in the Records Management Law and to store the microfilm in acid -free boxes in the City's vault. The records to be filmed this year are blueprints/files for commercial buildings, August, 1994 to December, 1998. A request was approved under a prior grant to film these records; however, the grant monies received were exhausted prior to completing the project. 3. Detailed Work Plan and Timeline Microfilm services for this project will be put out for bid. Local Records provides a "vendor list" which will be helpful in identifying vendors who are capable of completing this type of project. Once bids are received, they will be reviewed and references contacted. A contract will be negotiated with the successful vendor and a contract approved by the City Council. July 1 - August 15 Bid specifications will be prepared and advertised for microfilming services as outlined. Gayle Conrad will prepare records for microfilming, ensuring they are "camera ready." Records will be placed in chronological order from earliest date to the most recent date. All staples, paper clips, rubber bands, etc. will be removed from the records. Within each year, the records will be organized and an index will be produced after the records are microfilmed. August 16 — March 31 Bids will be reviewed and vendor selected for microfilming. Proposed contract will be preparrd and approved by City Council. Once a contract is executed by both parties, all records will be delivered to successful vendor to begin the microfilming process. Copies of any requested records will be faxed to the City by the filmer while the records are off-site. 3 W April 1 — May 31 Diazo film will be received from the microfilmers and the film will be stored in containers in the city's temperature and humidity controlled vault located at 100 Broadway. The microfilmer will mail the silver security reels to the Local Records Program for inspection and permanent storage. Upon approval of these reels, the records will be returned to the City. Records will be refiled and stored at 100 Broadway until they can be disposed of. City Council, city staff and the public will be kept up to date on the City's records management system. 4. Project Objectives Expected accomplishments of this project include: (a) To free up space from approximately 10 over -sized boxes in the basement of city hall. Space will be used to provide storage for non -permanent records. (b) To ensure the integrity and safety of these vital records for historical purposes and to comply with the Records Management Law. (c) To bring the city in compliance with the local Fire Code. (d) With the records microfilmed and indexed, the amount of time to retrieve records for in- house use and for the public will be considerably reduced. 5. Project Impact This project is just the beginning of records management and will need to continue for many years until all permanent records are archived. The sooner the problems are addressed the better for the safety of the records and the people that we serve. We have estimated that with the initial assistance provided through this grant, and perhaps with the assistance of grants in future years, the City will be able to establish and maintain a comprehensive records management system that will serve the City throughout the next century and beyond. 4 Budget Explanation and Justification 1. Budget Details IN Salaries In-kind contribution of $780.50 was figured as follows: One permanent staff member at $15.61 per hour plus 25% benefits, 40 hours = $780.50 Vendor The low bid for the microfilming the city's previous grant was $66.50 per 1,000 8'/2"x11", 24"x36" or 30"x42" page. This price includes the cost for duplicate diazo rolls of film. The total estimated cost for filming is $4,000.00. Of that, $2,800.00 is requested through grant funds and the City is matching $1,200.00. 2. Funding Source Funding for this project will come from the City's General Revenue Fund. Over the past several years, sales tax revenues in the City have been stagnant, which are the major source of funds for the General Fund. As stated in the application, the City of Cape Girardeau has been experiencing rapid commercial development. Therefore, the City has focused its attention, and its funding, on upgrading the infrastructure needs throughout the City. In addition, the City Council has placed a priority on increasing employee salaries, which has also placed a strain on the general fund. Due to other budget priorities, records management is continually placed at the bottom of the budget list each year, and most of the funding for this project is eventually cut from the budget. 3. Future Records Management and Preservation Projects IN This project is just the beginning of records management and will need to continue for many years until all permanent records are archived. The sooner the problems are addressed the better for the safety of the records and the people that we serve. We have estimated that with the initial assistance provided through this grant, and perhaps with the assistance of grants in future years, the City will be able to establish and maintain a comprehensive records management system that will serve the City throughout the next century and beyond. The City is establishing an Archives Team that will develop a policy for maintenance, retention and disposal of city records. This Team is just being formed and has not yet begun developing the policy. As part of developing the policy, the Team may request a budget for an archives program. If a budget is requested, this must be submitted to the Budget Team for review, and if approved, will be funded through the General Revenue Fund. 4. Accounting Methods and Audit Procedures The City is audited annually at the end of each fiscal year by a public accounting firm. Once the audit is complete, it is presented to the City Council for review and approval. IN W r) Relevant Information 1. Statement of Previous Actions The City has successfully received four prior grants through the Local Records Grant Program. Three were for microfilming of city records, and the fourth was for the purchase of a microfilm reader/printer. These grants have been vital in establishing an Archives Program for the City. At the end of each calendar year, each respective department within City Hall purges records stored in the boiler room, destroying records no longer needed and organizing all remaining records. All departments are supplied an up-to-date copy of the State of Missouri- Records Management Law to verify appropriate records are kept accordingly. All remaining files to be kept for record purposes are refiled and logged for easy retrieval from storage. A City Archives Team is being established by the City Manager to assess all permanent records, determine storage needs and establish a records retention program for the City. 2. Evaluation of Project Results Because of City Hall's overcrowded conditions, added storage space created after the records oversized boxes for building plans are bulky, anc records are destroyed, this will eliminate a fire hat local Fire Code. The file room will continue to be archiving of these records will also save staff time copy information from over -stuffed boxes. n easy step to measure success will be the are microfilmed and properly stored. The at least two are added per year. Once the ard, and bring the City in compliance with the used for files waiting to be microfilmed. The of running up and down steps to retrieve and After the project is over, the actual results will be measured and reported to the City Council. 3. Importance of the Project in Terms of Long Range Planning This project is just the beginning of records management and will need to continue for many years until all permanent records are archived. The sooner the problems are addressed the better for the safety of the records and the people that we serve. We have estimated that with the initial assistance provided through this grant, and perhaps with the assistance of grants in future years, the City will be able to establish and maintain a comprehensive records management system that will serve the City throughout the next century and beyond. SUPPORT MATERIAL Please attach the following: A. Letter of Commitment from the applicant's funding authority B. Resumes of project personnel, consultant, volunteers, etc. C. Project forms 1. Records to be microfilmed 2. Reader/Printer request D. Appropriate additions as floor plans, sample forms, letters of support, etc. E. Identification of services, equipment, supplies, etc. F. Other relevant information, if applicable 0 'A Local Records Preservation Program FY 2002 Grant Application Records to be Microfilmed ThisPrm nmst acconil)anv grant ap/alica0on./i)r microfilming. Provide one fin -In in- each records series - Office of Origin: Records Series Title: Inclusive Dates: . Arrangement-. Inspection Services Office Blueprints for commercial buildings August, 1994, to December, 1998 Numerical by permit number WA Information Content: Blueprints/building plans for all commercial buildings within the City of Cape Girardeau Format l j ❑ Bound volumes �•�/ El Loose leaf files ❑ Continuous computer paper ❑ Aperture cards Quantity ❑ Number of volumes: ❑ Estimate number of pages per volume: El Estimate number of loose leaf pages: 59,000 ❑ Estimate number of aperture cards: Size(s) ❑ 5 x 7 ❑x 8'/2 x I I ❑ 8'/2 x 14 ❑ II x 17 ❑x Olhcr 24" x 36". 30" x 42" Pages per 35mm frame: M I ❑ 2 ❑ Other: Images per card: Additional Information: - A CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 211 Agenda August 6, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: CAPE GIRARDEAU REDEVELOPMENT CORPORATION Attached for your consideration is a resolution authorizing the City Manager to enter into an agreement with the Cape Girardeau Redevelopment Corporation. Under this agreement, the Corporation will implement additional downtown improvement projects described in the, Final Development Plan approved by the Cape Girardeau City Council by Ordinance No. 176, which was adopted September 5, 1984. These improvement projects will be funded entirely through the Downtown Special Business District tax revenues. Members of the Downtown Special Business District Advisory Board reviewed this agreement at their July 11, 2001 meeting and are recommending its approval. The staff is also recommending approval of the agreement. KMB/MGM/bds Attachment Respectfully submitted, 7M.Kratton Planning Services Michael G. Miller City Manager n BILL NO. 2001- 158 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CAPE GIRARDEAU REDEVELOPMENT CORPORATION 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 the Cape Girardeau Redevelopment Corporation. A copy of said Agreement is attached to this Resolution and made part hereof. PASSED AND ADOPTED THIS DAY OF 2001. A.M. Spradling, III, Mayor ATTEST: Gavle L. Conrad Citv Clerk n AGREEMENT THIS AGREEMENT, made and entered into this day of , 2001, by and between the City of Cape Girardeau, Missouri, a municipal corporation, hereinafter referred to as the "City and the Cape Girardeau Redevelopment Corporation, a Missouri Corporation, hereinafter referred to as the "Corporation." WITNESSETH: TERM This contract shall run from July 1, 2001 to June 30, 2002. 2. SCOPE OF SERVICES The Corporation will implement the projects described in the Final Development plan approved by the Cape Girardeau City Council in Ordinance No. 176, which was adopted September 5, 1984. These projects must be pre -approved by the Downtown Special Business District Advisory Board. 3. CONTRACT ADMINISTRATION The City designates its City Manager (or his designated alternate) as its representative to whom all communications related to the scope of work, cost, schedule, and personnel matters shall be directed. The Corporation designates Charles L. Hutson, President of the Corporation (or his designated alternate) as its representative for all work performed under this contract The representatives shall have primary responsibility and authority on behalf of each party to administer the contract and to agree upon procedures for coordinating the efforts of both parties. 4. FURNISHING INFORMATION All information, data, and reports as are existing, available, and necessary for the carrying out of the work shall be furnished to the Corporation without charge by the City and the City shall cooperate with the Corporation in every way possible in carrying out the services. 5. COPYRIGHTS The Corporation shall defend, indemnify and hold the City harmless from any and all claims or causes of action, including unlimited attorney's fees and legal expenses, arising out of or based upon any V V n alleged infringement of any copy right, or any alleged invasion or infringement of any right of any third party in connection with the Corporation's performance of work hereunder. 6. REPORTS A. Yearly Reports The Corporation shall submit a year-end report no later than sixty (60) days following the close of this contract period as set out in Paragraph 1 above. This report shall provide an evaluation of each step of the program. B. Other Reports The Corporation shall submit to the City such other reports as may be requested or are necessary to inform the City of problems which require City action. 7. PERSONNEL Personnel hired by the Corporation to perform the services required under this agreement shall not be employees of or have any contractual relationship with the City. All of the services required hereunder shall be performed under the Corporation's direct supervision and all personnel engaged in the work shall be fully qualified. 8. SUBCONTRACTING None of the work or services covered by this contract shall be subcontracted or assigned without the written approval of the City. 9. PAYMENT Payments for services under this contract will be made at such time as each individual project is completed. The Corporation shall submit by the third working day of each month, for payment by the 20th of that month, a requisition for payment and a statement of services rendered The requisition shall be accompanied by proof of payment or valid bills. The Corporation shall certify that the payment requested is solely for services rendered under this agreement. The City will compensate the Corporation only for costs actually incurred in the performance of this agreement It is expressly understood that in no event will the total reimbursement under the terms of this contract exceed the sum of the tax revenues received from the Special Business District #2 fund for the 2001-2002 budget year. Any surplus tax revenues currently held by the City may be used to pay previously unpaid invoices for projects performed as set out in the Final Development Plan. It is expressly understood by the parties that payment to the Corporation for work performed under this contract shall be made solely from revenues derived from the Downtown Special Business District fund. In the event that a statutory tax protest or a lawsuit is filed challenging, in any way, the validity of this tax, Corporation may terminate this contract upon giving written notice of such termination to the City. The City shall promptly notify Corporation of any such tax protest or lawsuit. 2 10. TERMINATION V If, through any cause, the Corporation shall fail to fulfill in a timely and proper manner its obligations under this contract, or if the Corporation shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Corporation of such termination and specifying the effective day of such termination. The City may, without cause, terminate this contract upon sixty (60) days prior written notice. In either such event, the Corporation and its subcontractors shall cease all work on the project and all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports of other materials prepared by the Corporation, becomes the property of the City, and the Corporation shall be entitled to receive just and equitable compensation for any satisfactory work completed on the project or on such documents or other materials. Notwithstanding the above, the Corporation shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this contract by the Corporation. 11. RIGHT OF AUDIT A. Corporation's Books and Records: The Corporation shall keep accurate reports and other records showing in full detail the costs for which the Corporation claims reimbursement. The City may examine at any time during regular business hours such time and expense reports and other records at the Corporation's office and the Corporation agrees that it will produce such records whenever reasonably required by the City. The unrelated general books and financial records of the Corporation will not be available for examination. Any examination shall be performed at the expense of the City. If such examination should disclose that the city has paid the Corporation for labor hours which have not in fact been worked, for services not in fact rendered, or for other costs not expended din accordance with the contract, the Corporation shall refund to the City an amount equal to any such excesses. B. Subcontractor's Books and Records: The Corporation agrees to include the substance of this section in all subcontracts to be performed on a cost reimbursable, hourly rate, or similar basis, giving to the City the right to audit, at its own expense, the books and records pertaining to any such subcontractor. 12. INSURANCE During the performance of all work under this contract or any subcontracts hereunder, the Corporation shall maintain the following insurance coverage at no additional cost to the City and provide satisfactory evidence of coverage prior to the commencement of any work. Workers Compensation - as required by law: $500,000. V -3- W W 2. Comprehensive General Liability, including personal injury and contractual liability with minimum limits of. $1,000,000 Bodily Injury and Property Damage combined. 2. Comprehensive Automobile Liability, including owned, non -owned, and hired cars, with minimum limits of $1,000,000 Bodily Injury and Property Damage combined. All evidence issued in supporting these requirements must provide for the City as an "additional insured", with a minimum thirty (30) day notice of cancellation. All evidence of insurance is to be sent to the City Managers Office, City Hall, 401 independence, PO Box 617, Cape Girardeau, MO 63702- 0617. 13. DISCRIMINATION The Corporation agrees in the performance of this contract not to discriminate on the basis of race, creed, color, national original or ancestry, sex, religion, handicap, or political opinion or affiliation, against any employee of the Corporation or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 14. INDEPENDENT CONTRACTOR The Corporation is an independent contractor and nothing contained herein shall constitute or designate the Corporation or any of its agents or employees as agents or employees of the City of Cape Girardeau, Missouri. The Corporation shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Workers Compensation Program for the City. 15. INDEMNIFICATION AND LIABILITY The parties mutually agree to the following. A. In no event shall the City be liable to the Corporation for special, indirect, or consequential damages, arising out of or in any way connected with a breach of this contract. No claim or claims of any kind, either separately or in the aggregate, by the Corporation, against the City, and in any way arising out of or in any way connected with this contract, whether based on negligence or breach of contract, shall be greater in amount that the allowable expenses under paragraph 9. B. The Corporation shall defend, indemnify, and hold the City harmless from and against any and all claims, losses, and causes of action arising out of personal injuries, including death, and damage to property which are incurred by any person, including the City, the Corporation or any third party arising out of or in any way connected with the services performed by the Corporation pursuant to this agreement. -4- 16. APPi IQ—LE LAWS The Corporation agrees to comply with all laws of the United States of America, the State of Missouri and the City of Cape Girardeau which are applicable to work being performed by the Corporation under this contract. 17. JURISDICTION The parties mutually agree that jurisdiction and venue for purposes of any action resulting form this contract by the parties shall be in the Cape Girardeau Circuit Court in Cape Girardeau, Missouri. 18. NOTICES All notices required or permitted under and required to be in writing may be given by first class mail addressed to the City Manager at 401 Independence, P.O. Box 617, Cape Girardeau, Missouri 63702-0617 and the Cape Girardeau Redevelopment Corporation, P.O. Box 98, Cape Girardeau, Missouri 63702-0098. u J -5- n n The date of delivery of any notice shall be the date falling on the second full day after the day of its mailing. ATTEST: City Clerk ATTEST: Secretary/Treasurer CITY OF CAPE GIRARDEAU, MISSOURI City Manager CAPE GIRARDEAU REDEVELOPMENT CORPORATION President -6- :il CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 212 August 6, 2001 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Application to the Historic Preservation Program, Missouri Department of Natural Resources, Historic Preservation Fund Survey and Planning Grants, Fiscal Year 2002 The Historic Preservation Commission at their meeting on July 18, 2001, approved an application to the Missouri Department of Natural Resources, Historic Preservation Program, for a matching state grant to be used in the development of design guidelines for historic properties within the 1900 corporate city limits of the City of Cape Girardeau. This area is bounded by the Mississippi River on the east, West End Boulevard on the west, North Street on the north and Shawnee Parkway on the south and will includes both National Register Districts. The grant will provide funds to hire a preservation consultant to prepare a manual of design guidelines that will be reproduced for distribution to property owners and other interested parties. The Design Committee of Old Town Cape, Inc., which proposed and authored the grant, will partner with the Historic Preservation Commission to work with a professional consultant to draft the guidelines. This grant, available to Certified Local Governments on a 60/40 matching basis, will be funded on the City's part primarily by in-kind match involving work completed by Commission members and Old Town Cape, Inc. Sources of the cash match required by the City would come from Old Town Cape, Inc. in the amount of $3,400 and Southeast Missouri State University in the amount of $3,900. The total grant request is for up to $32,391.00 with the federal share being $19,601.00 and the local share $12,790.00. The application deadline for this grant is 5:00 p.m. August 31, 2001. The Historic Preservation Commission is requesting and the City staff is recommending that the Council adopt the attached resolution allowing the City to apply for this grant. A copy of the full application is available for your inspection in the Planning Services Office. 5� COUNCIL LETTER NO. 212 August 6, 2001 Page 2. Respectfully Submitted, 14V44 ent M. Bratton City Michael G. M City Manager Cc: Cape Girardeau Planning and Zoning Commission Historic Preservation Commission BILL NO. 2001- 162 RESOLUTION NO. A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AUTHORIZING AN APPLICATION FOR GRANT FUNDING UNDER THE HISTORIC PRESERVATION PROGRAM OF THE MISSOURI DEPARTMENT OF NATURAL RESOURCES AND EXECUTION OF ALL NECESSARY GRANT DOCUMENTS WHEREAS, the Historic Preservation Program of the Division of Parks, Recreation and Historic Preservation, Missouri Department of Natural Resources provides grant funding to local communities for activities designed to enhance and preserve state and local historic resources, and; WHEREAS, the City of Cape Girardeau has been designated as a Certified Local Government by the Department of Natural Resources and is therefore eligible for such grant assistance, and; WHEREAS, the purpose of the Historic Preservation Ordinance of the City of Cape Girardeau, Missouri, is to promote the protection and enhancement of buildings, structures or land improvements of special historic, aesthetic or architectural significance which are required in the interest of promoting the educational, cultural, economic and general welfare of the City, and; WHEREAS, the powers and duties of the Historic Preservation Commission of the City of Cape Girardeau include, the dissemination to owners or occupants of landmarks or within historic districts, or to the general public information concerning the preservation of landmarks or historic districts, and the recommendation of grants, tax incentives, and benefits to encourage redevelopment of historically significant structures, and; WHEREAS, the Historic Preservation Commission may recommend that the City apply for, receive, or expend any federal, state or private grant, grant-in-aid, gift or bequest, in the furtherance of the general purposes of the Ordinance, and has so recommended. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, that the City desires to apply for grant funding for historic preservation activities provided by the Missouri Department of Natural Resources, Historic Preservation Program. THEREFORE, BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City Manager of the City of Cape Girardeau, Missouri, to execute all necessary grant documents in support of the Department of Natural Resources, Historic Preservation Grant Program. The City Manager is also authorized to execute all documents necessary to establish an administrative organization to implement activities pursuant to the project. PASSED AND APPROVED THIS DAY OF , 2001. 11�.'J Albert M. Spradling III Mayor ATTEST: Gayle L. Conrad City Clerk V N e) r) W CLG 21 FY' 2002 HISTORIC PRESERVATION FUND GRANTS Planning/Outreach Projects Application PROJECT SUMMARY Property/Project Name: Design Guidelines for the City of Cape Girardeau Project Cost: Federal: $ 19.840.00 Non -Federal: $ 15,270.00 Total Cost: $ 35,110.00 Proposed Work Summary: The purpose of this project Is to prepare design guidelines for those historic properties located within the 1900 corporate limits of the City of Cape Girardeau (both historic districts and historic areas are included). Generally, this area is bounded by the Mississippi River on the east, West End Boulevard on the west, North Street on the north and Shawnee Parkway on the south. The design guidelines will be compiled in the form of a manual and then reproduced for distribution to property owners and other interested parties. Part I. APPLICANT DATA 1. Project Sponsor/Applicant: City of Cape Girardeau, AI Spradling, III Receiving Official: Michael Miller Address: 401 Independence Street City: Cape Girardeau State: MC Zip: 63703 2. Contact Person/ Project Manager: Brenda Schloss Title: Project Assistant Phone: (573) 334-8326 Address. 401 Independence Street City: Cape Girardeau State: MO Zip: 63703 3. Please provide the following information: U.S. Representative: JoAnne Emerson District: 8 State Senator: Peter Kinder District: 27 State Representative: Jason Crowell District: 158 I Part II—PRODUCT PROPOSAL 1. Name of Project: Desiqn Guidelines for the City of Cape Girardeau 2. Project Type: (check one) ® Planning © Outreach Q Other 3. Describe the proposed activity. Discuss the goals of the project and how those goals will be achieved. The Cape Girardeau Historic Preservation Commission and Old Town Cape will prepare design guidelines that will generally address building types and significant features. Guidelines for repair, rehabilitation and restoration of principal and ancillary buildings according to the Secretary of the Interioes Standards will be provided. Provisions for protecting the landscape and landscaping elements will also be defined. A professional contractor will provide photographs and drawings to illustrate the explanation of architectural styles and property types and to demonstrate the proper techniques for treatment of buildings and landscapes. The Historic Preservation Commission, Old Town Cape Design Committee, the consultant and the Missouri Department of Natural Resources monitor will work in tandem to determine the layout and design of the design guidelines manual. A rninimum of three public input meetings will be held to ensure maximum public participation in the design guidelines development process. The final manual will be presented to the city council for approval. A minimum of 125 manuals will be reproduced in this phase, if funds are available, ten of which will be given to MDNR. As a finalization, a letter will sent to all interested parties notifying them of the availability of the manual, and a public presentation of the completed document will be held. The manual shall address the following items: A brief historic overview shall be prepared. The overall document shall include a discussion of architectural styles; a discussion of existing character, a discussion of benefits; a discussion of methods of approach; a discussion of design principles; a discussion of facade condition; a discussion of building style, use change, repair of original features, replacement of original features and existing altemations; a discussion of typical stylistic features, facade alignment, entrances, fenestration, porches as appropriate, ornamental details, facade materials, roofs, rear entrances, and illumination, signage as appropriate, color schemes to include coordination of the facade and accent colors, design ideas for infill or newer buildings to include building orientation, building form and scale, materials, entrances and windows; design discussions to include building set -backs, orientation of building entrances, plant beds and planting, parking lot layouts, parking lot landscaping; a discussion of man-made adjacent features, gazebos, fencing, etc.; a discussion of historical landscapes as appropriate and garages and alleys, and, as appropriate, a discussion of maintenance principals. In addition, if funds are available after procurement of consultant, such funds will be used specifically for commissioner training. If said funds do become available the size, scope, cost and timing of such training will be proposed by the city via a written scope to include a revised budget and agreed to by the MDNR Monitor. Upon acceptance by the MDNR such a written scope shall be considered an attachment to this contract and shall be binding on all parties. V W" 4. Discuss the benefits of the project and out line how the project will reach its intended audience. The development of design guidelines will enable Cape Girardeau to continue its efforts to protect its historic resources and to achieve its future preservation goals. By partnering with the local Main Street organization, the Historic Preservation Commission will assist in the promotion of downtown revitalization and limit the loss and deterioration of our historic resources in both the historic commercial districts and residential neighborhoods through inappropriate renovation and infill construction. Success in these endeavors will help strengthen and expand public support for preservation and combat apathy in some of the more dilapidated sections of the historic sections of Cape Girardeau. Residents and property owners alike will benefit from having guidelines in place to direct rehabilitation, rennovation and development projects affecting Cape Girardeau's historic building fabric. The project will reach its intended audience by means of a minimum of three public meetings during the preparation process, and through publication of the final product_ Guidelines will be distributed to interested parties, and the Commission will advertise their availability. In addition to reaching the intended audience of interested contractors, developers and building owners in the directly affected historic districts, this project will also reach out to larger audiences. Citizens, government and industry alike will benefit from the positive changes that will be facilitated as a result of having design guidelines available, as well as from participating in the process of developing them. By partnering with Old Town Cape, Cape Girardeau's Main Street organization, the project will involve significant numbers of citizen -volunteers from the community at large. These citizen's will participate in the process, and thereby gain a deeper understanding of the importance of good design in shaping the built environment, and the importance of maintaining the historic character of the downtown commercial districts and the adjoining residential areas. In a more direct fashion, students in the Historic Preservation Program at Southeast Missouri State University will have the opportunity to participate in a "living laboratory," leaming about the process of developing design guidelines, and thereafter, seeing how the guidelines are implemented and the overall effect such guidelines have in shaping future preservation -related activities. Furthermore, Cape Girardeau's role as a regional leader, and the involvement of Old Town Cape and Southeast Missouri State University, will allow Cape's design guidelines to serve as a model for the other cities and towns in the seventeen counties of the Southeast region and will promote the importance of design guidelines to furthering the goals of historic preservation and economic revitalization throughout Southeast Missouri. 5. Discuss community support for the project and describe how the project furthers local and state preservation goals. The project has a great deal of community support, as evidenced by the wide variety of support letters attached. As a joint endeavor of Cape Girardeau's Historic Preservation Commission and Old Town Cape, Inc., the local Missouri Main Street organization, this project draws on the support of a wide range of preservation constituencies in the community, including city residents, downtown business owners, the City of Cape Girardeau, the Cape Girardeau Chamber of Commerce, and Southeast Missouri State University, among others. The development of design guidelines will further preservation goals explicitly listed by the State of Missouri and the City of Cape Girardeau. The kind of cooperative effort represented by this project is explicitly listed as a goal of the State Historic Preservation Plan (see Goal 4, point 2, bullet 5), and the development of design guidelines corresponds well with Goal 5, point 2, bullets 3 and 4. At the local level, the development of design guidelines is fisted as a priority item in Cape Girardeau's 1999 Historic Preservation Plan (See Section VII. Action Plan and Implementation). The Plan states clearly: The design review standards used by the Historic Preservation Commission for rehabilitation of these properties are presently the Secretary of the Interior's Standards. These standards, while useful, often do not contain sufficient information to be readily understood and interpreted by property owners. The lack of comprehensive design guidelines available to both the Historic Preservation Commission and property owners creates uncertainty in defining appropriate changes and alterations. The creation of a design guideline manual would provide accessible information concerning appropriate rehabilitation and new construction. The completion of an illustrated design guideline manual for residential and commercial properties is recommended to be accomplished within the next three years. The proposed project is fully in accordance with these state and local preservation objectives and will enable Cape Girardeau to implement its historic preservation goals. I Part III --A. PROJECT BUDGET I 1. Expenses: For each cost item in your budget, indicate the total budgeted amount, breakdown of each item between federal and non-federal funds. and whether the cost is a cash or in-kind expense. CATEGORY OF EXPENSE NONFEDERAL/ CASH NONFEDERAL INKIND FEDERAL TOTAL Consultant $ $ $ 19,600.00 $ 19,600.00 Project Manager $ 2,514.00 $ $ $ 2,514.00 Project Manager fringe benefit $ 830.00 $ $ $ 830.00 City Planner $ 2,166.00 $ $ $ 2,166.00 City Planner fringe benefit $ 715.00 $ $ $ 715.00 Old Town Cape Project Assistant $ 1,385.00 $ $ $ 1,385.00 OTC Project Assistant fringe benefit $ 162.00 $ $ $ 162.00 Graduate Assistant $ 1,270.50 $ $ $ 1,270.50 Graduate Assistant fringe benefit $ 51750 $ $ $ 517.50 Dr. Steven Hoffman $ $ 3,000.00 $ $ 3,000.00 Historic Preservation Commission $ $ 1,500.00 $ $ 1,500.00 OTC Design Committee $ $ 490.00 $ $ 490.00 ' Reproduction $ 720.00 $ $ $ 720.00 Advertisement for Public Meetings $ $ $ 240.00 $ 240.00 $ $ $ $ 0.00 $ $ $ $ 0.00 $ $ $ $ 000 $ $ $ $ 0.00 $ $ $ $ 0.00 $ $ $ $ 0.00 $ $ $ $ 0.00 $ $ $ $ 0.00 $ $ $ $ 0.00 TOTAL PROJECT $10,280.00I $ 4,990.00 I $19,840.00 I $ 35,110.00 COSTS 4 2. Source of Local Share: a. Donor: Southeast Missouri State University Source: Same as Donor Kind: Cash (150 hrs x $8.47 hr = $1270.50/fringe benefit= $517.50) Amount: $ 1,788.00 b. Donor: Southeast Missouri State University Source: Same as Donor Kind: Cash (150 copies x $4.80 copy = $720) Amount: $ 720.00 c. Donor: Dr. Steven Hoffman Source: Same as Donor Kind: In-kind (100 hrs x $30 = $3000) Amount: $ 3,000.00 d. Donor: City of Cape Girardeau Source: Historic Preservation Commission Kind: In-kind (150 hrs x $10 = $1500) Amount: $ 1,500.00 e. Donor: City of Cape Girardeau Source: City Planner Kind: Cash (86.66 hrs x $25 = $2166/fringe benefit = $715) Amount: $ 2,881.00 f. Donor: City of Cape Girardeau Source: Project Manager Kind: Cash (195.86 hrs x $12.84 = $2514/fringe benefit = $830) Amount: $ 3,344.00 g. Donor: Old Town Cape, Inc. Source: Project Assistant Kind: Cash (100 hrs x $13.85 hr = $1385/fringe benefit = $162) Amount: $ 1,547.00 h. Donor: Old Town Cape, Inc. Source: Design Committee Kind: In-kind (49 hrs x $10 = $490) Amount: $ 490.00 Local Share Grand Total $15,270.00 w I PART IV. APPLICANT CERTIFICATIONS The applicant, City of Cape Girardeau through the signature of the designated official authority or individual representing them, assures and certifies that they will comply with the regulations, policies, guidelines and requirements of the National Register Programs Guideline (NPS -49), including Office of Management and Budget Circulars A-21, A-87, A-102 & A-122, Executive Order 12372, and other appropriate state regulations as they apply to the application for grant assistance. Also, the applicant, City of Cape Girardeau with respect to the application that: gives assurance and certifies 1. They possess legal authority to apply for the grant; that a resolution, motion, or similar action has been duly adopted or passed as an official act of application; or a method has been established to direct an authorized agent of the applicant who is empowered to act as official designee with regard to the application. 2. They will comply with special requirements imposed by the granting agency if, at a subsequent time, they receive any grant monies. 3. They will comply with minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act. 4. They will have sufficient funds available to meet the non-federal share of the cost of project work as outlined in the grant application, and at the time of granting, all non-federal shares will be verifiable. 5. They will comply with Title VI of the Civil Rights Act of 1964 (42 USC, 2001d) prohibiting employment discrimination where: (1) the primary purpose is to provide employment, or (2) discriminatory employment practices will result in unequal treatment of persons who are, or should be, benefiting from the grant -supported activity. 6. They will, if subsequently awarded a grant, cause work on the project to commence within a reasonable amount of time after receipt of notification; and assure that the project will be carried to completion through a series of timely milestones. 7. They will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-3352) and, in accordance with Title VI of that Act, shall assure that no person in the United States shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, or national origin under any program or activity for which the applicant receives federal financial assistance. 8. They will carry out the project, as described in the grant application, in conformance with Secretary of the Interior's "Standards for Rehabilitation." 9. They will employ personnel who meet the requirements set forth in 36 CFR 61 for National Register and survey activities. 10. They will, if awarded a grant, submit to the granting agency copies of indirect cost agreements and curriculum vitae for all professional employees or contractors. 11. They will not commence project work prior to official notification of grant award unless written pre -approval has been given by the granting agency. 12. And, they assure and certify that, to the best of their knowledge, all data represented in the grant application is true and correct. of Applicant Verifying Authority: Date \./ Timeline 4-15-2001 Bidding documentation, consultant contract, first public meeting. 5-15-2001 Post -bid meeting with contractor and DNR. 6-15-2001 Needed Commission training. 9-15-2001 Progress report prepared. 12-15-2001 Submission of up-to-date draft text, photos/drawings. One additional project report. Submission of mid-term report. 3-15-2002 On-site review with consultant, DNR, and City with regard to layout, photos, and illustrations. Additional progress report. Second public meeting. 4-15-2002 Draft of documents, camera-ready. 6-30-2002 Public presentation of completed document by consultant. 10 copies of final manual submitted to MDNR. Submission of final progress report. Commission training if funds available. 8-30-2002 Submission of final fiscal and audit data and final project report. STEVEN J. HOFFMAN Department of History 1451 Themis Street Southeast Missouri State University Cape Girardeau, MO 63701 One University Plaza, Mail Stop 2960 (573) 335-2820 Cape Girardeau, MO 63701 Ph: (573) 651-2808 http://cstl.semo.edu/hoffman Fax: (573) 651-5114 email: shoffman@semovm.semo.edu EDUCATION Ph.D. Camegie Mellon University, Pittsburgh, Pennsylvania History, May 1993 M.H.P. Georgia State University, Atlanta, Georgia Master of Heritage Preservation, 1987 B.A. Georgia State University, Atlanta, Georgia History, 1985 RESEARCH FIELDS American Social History, Urban History, African American History, Suburbanization TEACHING EXPERIENCE 2001 -present 1995-2001 1993-1995 1993-1995 1989-1991 1988-1989 Associate Professor. Southeast Missouri State University, Cape Girardeau, Missouri. Assistant Professor. Southeast Missouri State University, Cape Girardeau, Missouri. Courses taught: African-American Experience; American History 11; American Civilization; Heritage Education; Topics in U.S. History: New Orleans as a case study for urban history; History of American Architecture; Legal and Economic Principles of Historic Preservation; Material Culture Lecturer. Bradford College, Bradford, Massachusetts. Courses taught: World History I and II, Leaders and Leadership in the African American Community, 1900 - present; American Civil Rights Movement; African American History since 1865. Adjunct Assistant Professor. Bentley College, Waltham, Massachusetts. Courses taught: The West in the World, 19th Century America, 20th Century America. Instructor. Carnegie Mellon University, Pittsburgh, Pennsylvania. Courses taught: World History, Industrial America, American Urban History, guest lectures on African American History Teaching Assistant. Carnegie Mellon University, Pittsburgh, Pennsylvania. Course taught: World History FELLOWSHIPS AND GRANTS GRFC Research Grant, "African American Community Building in a Small City," Grants and Research Funding Committee, Southeast Missouri State University, December 1997. Graduate Research Fellow Award, Graduate Council, Southeast Missouri State University, Academic Year 1997-98. Summer Research Grant, Grants and Research Funding Committee, Southeast Missouri State University, Summer 1996. Historic Resources Survey Grant, Historic Preservation Commission, Cape Girardeau, Missouri, Spring 1996, Spring 1997, Spring 1998, Spring 1999, Spring 2000. Mellon Research Fellowship, Virginia Historical Society, Richmond, Virginia, Summer 1993. Heinz Chair Dissertation Research Grant, Carnegie Mellon University, History Department, Spring 1990- Spring 1991; Spring 1992- Spring 1993. Research Grant, Carnegie Mellon University, History Department, Spring 1990. Fellowship for Graduate Study, Carnegie Mellon University, History Department, 1987-1990. PROFESSIONAL SERVICE Member, Executive Board, American Association for History and Computing, 1999 -present. Member, Board of Directors, Old Town Cape, Inc., a Missouri Main Street program, 1999 - present. Chair, Design Committee, Old Town Cape, 1999 -present. Consulting Editor, Journal of the Association for History and Computing, 1998 -present. Board Member, Missouri Downtown Association, 1998 -present. Secretary, Midwest Organization for the Recognition And Recording of Ethnic Heritage (MO -RARE), 1998 -present. Secretary, Missouri Chapter, National Association for African American Heritage Preservation, 1997-98. Vice Chair, Missouri African American Heritage Preservation Taskforce, 1996-97. Co -Chair, Martin Luther King, Jr. Celebration Planning Committee, Southeast Missouri State University, 1997-98;1996-97; Member, 1995-96. Member, "Black Women: Achievements Against the Odds," University Museum Exhibit, Planning Committee, 1995-96. Moderator, film series, "Black Women: Achievements Against the Odds," February 1996. Member, Planning Committee, AFRITECH '95: AN ELECTRONIC CONFERENCE, The First Annual Mid -Year Electronic International Conference on Technology and the African American Experience, 1994-95. CONFERENCE PAPERS AND PRESENTATIONS "Students, Family Memory and the Web," (with Lary Easley), accepted for presentation, American Historical Association annual meeting, San Francisco, CA, January 2002. "So They Can Make Web Pages, Now What? Integrating Curriculum, Professional Practice, and Training to Continue Making Meaningful Uses of the Web," (with Lary Easley), Mid - South Technology Conference, Murfreesboro, TN, April 9, 2001. CONFERENCE PAPERS AND PRESENTATIONS (cont) "Heritage Preservation in the African-American Community," Midwest Organization for the Recognition and Recording of Ethnic Heritage, March 29, 2001. "So They Can Make Web Pages, Now What? Integrating Curriculum, Professional Practice, and Training to Continue Making Meaningful Uses of the Web," (with Lary Easley), American Association for History and Computing conference, Indianapolis, IN, February 1, 2001. "American History II Revisited: A Two -Year Retrospective," (with Larry Easley), American Association for History and Computing conference, Waco, TX, April 15, 2000. "Instructional Technology and Promotion, Tenure & Merit: Development of University Guidelines," (with David Starrett, et al), Mid -South Technology Conference, Murfreesboro, TN, April 11, 2000. "American History II Revisited: A Two -Year Retrospective," (with Larry Easley), Mid -South Technology Conference, Murfreesboro, TN, April 10, 2000. "Homeplaces: African American Influences on Vernacular Architecture," Midwest Organization for the Recognition and Recording of Ethnic Heritage, April 1, 2000. "The Main Street Program and Its Impact on Downtown Retailing," (with Judy Wiles), American Society of Business and Behavior Sciences, Las Vegas, NV, February 20, 2000. "Instructional Technology and Promotion, Tenure & Merit: Development of University Guidelines," (with David Starrett, et al), American Association for Higher Education, New Orleans, LA, February 5, 2000. "A Practical Guide to Creating the Electronic Classroom," (with Larry Easley), American Association for History and Computing conference, Philadelphia, PA, April 23, 1999. "Creating the Electronic Classroom: A Practical Guide," (with Lary Easley), Mid -South Technology Conference, Murfreesboro, TN, March 30, 1999. "African American Vernacular Architecture and High Style," Midwest Organization for the Recognition and Recording of Ethnic Heritage, March 27, 1999. "Race and Public Health in the Early Twentieth -Century South, Richmond, Virginia, 1907- 1920," Ohio Valley History Conference, Richmond, Kentucky, October 23, 1998. "Reinventing the American History Survey," American Association for History and Computing annual conference, Cincinnati, Ohio, April 25, 1998. "Researching African American History in Missouri," invited presentation, First Annual Conference for the Preservation of Missouri's Ethnic Heritage, St. Louis, Mo., March 21, 1998. "Workers' Influence on the Built Environment: City Building in Richmond, Virginia, 1870- 1920," Nineteenth Annual North American Labor History Conference, Detroit, Michigan, October 1997. "Community Building and its Influence on the Built Environment: African Americans and White Workers in Richmond, Virginia, 1870-1920," Biennial Southern American Studies Association Conference, Seaside, Florida, March 1997. "African American Influences on the City -Building Process, Richmond, Virginia, 1880-1920," annual meeting of the Association for the Study of Afro-American Life and History, Charleston, South Carolina, October 1996. CONFERENCE PAPERS AND PRESENTATIONS (cont) "African-American Community Building and Its Influence on the City -Building Process, Richmond, Virginia, 1880-1920," 1996 Great Lakes History Conference, Grand Rapids, Michigan, October 1996. "Studying Technology in African American Life," invited plenary panelist for an international workshop on Technology and the African American Experience, Howard University, Washington, D.C., May 1994. "Politics, Race and Public Health Reform in the Early Twentieth Century Urban South: A Case Study, Richmond, Virginia," presented at the Spring Conference of the New England Historical Association, Waltham, Massachusetts, April 1994. PUBLICATIONS Journal Articles "Progressive Public Health Administration in the Jim Crow South: A Case Study of Richmond, Virginia, 1907-1920" Journal of Social History (forthcoming, September 2001) "The Decline of the Port of Richmond: The Richmond Chamber of Commerce and the U.S. Army Corps. of Engineers," The Virginia Magazine of History and Biography (volume 108, Number 3, 2000): 255-278. "Creating the Electronic Classroom: A Practical Guide," (with Larry Easley) Journal for Social Education (Spring/Summer 2000): 80-93. "The Main Street Program and Its Impact on Downtown Retailing" (with Judy Wiles), Proceedings of the American Society of Business and Behavioral Sciences (February 2000): 407-414. 'The Saga of Pittsburgh's Liberty Tubes: Geographical Partisanship on the Urban Fringe," Pittsburgh History 75 (Fall 1992): 128-141. "'A Plan of Quality:' The Development of Mt. Lebanon, A 1920s Automobile Suburb," Journal of Urban History 18 (February 1992): 141-181. Chapters in Books 'Reinventing the American History Survey," (with Lary Easley) in History.Edu: Essays in Teaching, Writing and Researching History, Dennis Trinkle, (ed.)(M.E. Sharpe, 2001), pp. 62-71. Other Publications Review of The Sanitary City., Urban Infrastructure in America from Colonial Times to the Present. By Martin V. Melosi (Baltimore & London: Johns Hopkins University Press, 2000) in Journal of Social History, accepted for publication, September 2002. Dual Review of Kimberly Phillips, Alabama North: African-American Migrants, Community, and Working Class Activism in Cleveland, 1915-45 (Champaign, Illinois: University of Illinois Press, 1999) and John Hartigan, Jr., Racial Situations: Class Predicaments of Whiteness in Detroit (New Jersey: Princeton University Press, 1999) in Journal of Social History, in press, September 2001. 1 "Mt. Lebanon," in Neil Larry Shumsky (ed.), American Cities and Suburbs: An Encyclopedia (New York and London: Garland Publishing, Inc.), Spring 1999. Other Publications (con't) Review of Ronald H. Bayor, Race & the Shaping of Twentieth -Century Atlanta (Chapel Hill: University of North Carolina Press, 1996) in Journal of Social History, 31 (Summer 1998): 975-977. Review of Richard Hams, Unplanned Suburbs: Toronto's American Tragedy, 1900-1950 (Baltimore, Maryland: Johns Hopkins University Press, 1996) in Journal of Social History 31 (Spring 1998): 711-712. Review of Christopher Silver and John V. Moser, The Separate City. Black Communities in the Urban South, 1940-1968 (Lexington, Kentucky: University of Kentucky Press, 1995) in Journal of Social History 30 (Spring 1997): 791-793. Review of Alexander von Hoffman, Local Attachments: The Making of an American Urban Neighborhood, 1850-1920 (Baltimore and London: Johns Hopkins University Press, 1994) in Journal of Social History, 29 (Fall 1995): 207-209. "Warner and Urban History," The Urban History Newsletter (The Urban History Association), March 1995. "Suburbanization," in Peter N. Steams (ed.), Encyclopedia of Social History (New York and London: Garland Publishing, Inc.), 1994. "Life, Liberty and the Pursuit of Infrastructure," Pittsburgh Post -Gazette, December 15, 1990, (with Joel A. Tan-), p. 11. In Manuscript Behind the Facade: Race, Class and Power in the City -Building Process, Richmond, Virginia, 1870-1920. CURRICULUM VITAE Jeremy Wells 1124 Themis St., Apt. A Cape Girardeau, MO 63701 (573) 332-7985 /jeremy@wells.net EXPERIENCE Intern Felix Valle State Historic Site, Ste. Genevieve, MO; April 2001 — present Currently researching solutions for the long-term preservation of French Colonial post -in -ground houses. Responsible for creating historical brochures, press releases, and interpreting the Felix Valle House (built in 18 18) and the Amoureux House (built in 1792) for visitors. Executive Director (volunteer) Historical Association of Greater Cape Girardeau, Cape Girardeau, MO; September 2000 — present Responsible for the maintenance and conservation of the historic Glenn House (built in 1883), and the Reynolds House (built in 1857). Design Committee Member (volunteer) Old Town Cape, Inc., Cape Girardeau, MO; September 2000 - present Currently participate as a volunteer in this Main Street program, administered by the National Trust for Historic Preservation, helping to communicate effective design guidelines and principles for the historic preservation of downtown Cape Girardeau. Historic Preservation Commission member (volunteer) Kennewick, WA; October 1999 — August 2000 Participated in decisions affecting historic cultural resources for the City of Kennewick. Wrote an $11,000.00 grant proposal that was funded by the Washington State Historic Preservation Office for a historic resource survey of the local downtown area. Design Committee Member (volunteer) Downtown Kennewick and Columbia Drive Association, Kennewick, WA; November 1999 — August 2000 Helped create historic preservation design guidelines for downtown Kennewick. Designed a brochure for the fagade improvement program administered by the organization. Gave speeches to downtown merchants extolling the virtues of historic preservation. Web site designer (volunteer) East Benton County Historical Society, Kennewick, WA; July 1999 — August 2000 Designed the web site for the East Benton County Historical society, including a complete inventory of most historic business buildings and private homes in the extant cities of Kennewick, Richland, and Finley along with the ghost towns of White Bluffs, Hanford, and Hover. OTHER EXPERIENCE Project Manager/Information Systems Manager NW MediScript, Inc., Kennewick, WA; July 1995 — August 2000 Managed programmers in mission critical projects. Planned, authorized the purchase of, and supervised all computer-based information systems used in the company. Responsible for developing an infrastructure to support telecommuting employees. Researched and installed a frame relay and ISDN full-time Internet connection. Internet Specialist Vivo Media, Inc., Portland, OR; May 1995 — July 1995 Helped design and implement a web site for Tektronix. Researched and made recommendations for Internet -based technology. Worked with graphic designers and programmers to develop customer web sites. Set up and administered Macintosh and UNIX web servers. Computer Graphics Spechdist/Systems Administrator Mosby Great Performance Inc., Beaverton, OR; June 1994 — May 1995 Created the company's first web site. Designed print catalogs and brochures. Responsible for end-user support of Macintosh systems. Researched and purchased Macintosh computers and peripherals. Assisted the IS department in setting up IBM PC network access to the Internet. EDUCATION • Currently an undergraduate in my senior year at Southeast Missouri State University, Cape Girardeau, MO, majoring in Historic Preservation. 4.0 GPA. • Associate of Arts Degree (2000), Columbia Basin College, Pasco, WA. 3.7 GPA. PUBLICATIONS "History Hidden Beneath Atomic Age Facades," The Washington State Trust for Historic Preservation Newsletter, Winter 2000. SELECTED UNPUBLISHED MANUSCRIPTS/RESEARCH "Mary Osterloh, 317 Good Hope Street, Biography and Property History." This paper was included in a larger group project researching the Good Hope Street area of Cape Girardeau as part of my spring 2001 Techniques in Local History class (HP200). "Craftsman Bungalows of Southeast Washington State." A spring 2001 research project involving fieldwork for American Cultural Landscapes (U1401). "National Register of Historic Places Nomination for the Marquette Hotel." A group project with another student in my spring 2001 Legal and Economic Principals of Historic Preservation class. "History, Marketing and Feasibility Study of the Marquette Hotel." This paper was prepared from December 2000 to February 2001 in an effort to save the historic Marquette Hotel from demolition in cooperation with a former student of Southeast Missouri State. My primary responsibility was the marketing and feasibility section of the report. "Will Mayfield Project." This was a group effort in my fall 2001, Historic Site Administration class (HP420) to research the preservation and suggested uses of the old Art and Science building located in Marble Hill, Missouri. V" W RESEARCHINTERESTS • Architectural/building conservation • Late 19th, early 20th century architecture (Art Nouveau & Arts and Crafts) • Conservation of buildings in the U.S. using techniques developed in the U.K. • French colonial building techniques in the Mississippi River Valley AWARDS AND HONORS • Phi Theta Kappa academic honor society • Sigma Pi Kappa historic preservation honor society • 2001 Award of Excellence from the Historic Preservation Association of Southeast Missouri State University • Nominated for the 2000 Award of Merit given by the Washington State Trust for Historic Preservation • Dean's List, Fall 2000 and Spring 2001 • Outstanding Academic Achievement Award, Spring 2000 • President's List academic honor, Fall 1988 • Certificate of Appreciation of "Efforts Above and Beyond the Call of Duty" awarded by the East Benton County Historical Society, the Downtown Kennewick and Columbia Drive Association, The City of Kennewick Historic Preservation Commission • Recipient of the Harry Huebel Memorial Scholarship, the William T. Jenkins Memorial Scholarship, and the River Bend Friends of Historic Preservation Scholarship PROFESSIONAL MEMBERSHIPS • National Trust for Historic Preservation • Society of Architectural Historians PERSONAL INTERESTS • History • Music: Electronic music composition, microtonal music, folk music • Hiking and camping • Botany • Computers June 2001 Resume of Delilah Tayloe 244 Stroder Lane P.O. B. 393 Whitewater, MO 63785 e-mail: stripes a,sheltonbbs.com 2000 Ongoing duties as curator and exhibit director of the Stars and Stripes Museum/Library: Presently coordinating filming of video funded by a $30,000 grant from The McCormick Foundation to promote the museum. Teamed with Wyoming -based volunteer to revamplupgrade of museum web site (starsandstripesmuseumlibrary.org) which was chosen in October as one of the top 14 sites in the nation by the editors of museumspot.com as "the top-notch tool for anyone exploring cultural, historic, scientific and natural attractions from around the world." Completing room -sized exhibit of the Vietnam War. Designed interior of 90X42' building addition and chose site for groundbreaking. Developing battle plan to commemorate the 14& anniversary of the first printing of the original Stars and Stripes in 1861 to occur on Nov. 9-11, 2001. Attendee: State of Missouri Grantmiting Workshop, New Madrid, MO March 2 The Grantsmanship Center Training Program held in Saint Louis, MO April 24-28 American Association of Museums Conference, Baltimore, MD May 15-20 Winner, First Prize and Best in Show, Evlyn Anderson Juried Art Competition, June 18 Heritage Arts Council, Chautauqua Days Festival Exhibitor Missouri Press Association Conference, St. Louis, MO September 7-9. currently coordinating fundraising drive with MPA for the museum. Guest Lecturer. Southeast Missouri State University Mass Communication March 21 Paper Presentation: Pioneer America Society Annual Conference, Richmond, VA Oct. 16-20 currently preparing paper for publication in journal Material Culture in Fall 2001 1998-99 Curator, Stars and Stripes Military Newspaper Museum and Library in Bloomfield MO organized exhibits for entire museum, 40 display areas in one year scheduled and coordinated formal opening festivities (500+ attendance)October 16 planned and hosted annual reunion of Stars and Stripes Alumni Association October 16-18180+'Stripers° members Collections Manager & Exhibit Director, University Museum, Southeast Missouri State University Committee member, University Relations with Native Americans (ad hoc) Affirmative Action Committee by appointment of Student Government President Natalie Miles Diversity Officer Executive Search Committee by appointment of SEMO President Dale Nitzschke Phi Kappa Phi Graduated Maxima cum Laude 3.842 GPA on a 4.0 scale Recipient, Alpha Sigma Lambda scholarship national competition, one of nine chosen nationally Phi Alpha Theta Honor Society in History Muralist; Sodexho, Intertribal Pow Wow, Non -Traditional Student Organization SEMO Candidate chosen for Alpha Sigma Lambda scholarship competition 1999 Executive President History Club 1998-1999 Historic Preservation Association member 1995-1999 Art Director, Joumey Literary Magazine, 1997-1999 Assistant to the Secretary of Faculty Senate and Hospitality/Decorator Johnson Faculty Center Guest speaker -Cherokee author Marilou Awiakta lecture, April 6, 1999 Dean's Honor List 1994-1999 3.974 on a 4.0 scale 19941998 Paper Presentations: Pioneer America Society Annual Conference, Austin, Texas 1996 Statewide Preservation Conference, Missouri Alliance for Historic Preservation 1998 Cape Girardeau County Historical Society 1997 Sixth Annual SEMO University Student Research Conference 1998 29 N President, History Club 1997-1998, coordinator of lecture series on Mississippian Archaeology, French Colonial Architecture, Missouri Vernacular Architecture and 50th Anniversary of Kristalnacht organized/promoted/staged SEMO 35th Anniversary Commemorative Conference on the John Fitzgerald Kennedy Assassination, held November 18,1998 SEMO Candidate chosen in national competition for the Truman Scholarship 1998 Phi Eta Sigma Freshman Honor Society 1995 Sigma Phi Kappa Honor Society in Historic Preservation 1998 Alpha Sigma Lambda National Honor Society for Non -Traditional Students 1998 Sigma Tau Delta English Honor Society Freshman Essay Contest Winner 1995 First Place, Poetry, Journey Literary Magazine 1996 Honorable Mention, poetry, Southem Literary Review 1996 SEMO Beautification Committee, Student Government 1998 Social Science Building Overhaul Committee 1998 Departmental Advisory Committee for Departmental Review, History 1998 Preparer of National Register of Historic Places Nominations Planning Committee SEMO Northern Cherokee Nation of the Old Louisiana Territory Pow Wow First Place, Architectural History Poster Contest 1998 District History Day Judge, performance category, 1997-2000 Co-chair, "Show Me Missouri" Exhibit Cape River Heritage Museum closing speaker at exhibit opening April 16,1998 Participant, Ste. Genevieve Archaeological Field School, 1997 Fieldwork, Missouri Historic Property Survey, 1998 Interview, KRCU "Going Public", aired March 29,1998 Subject of "Sanctuary for Old Churches" Southeast Missourian, Arts and Leisure April 24, 1997 Research Assistant, Dr.Carol Morrow, Department of Sociology & Anthropology, SEMO University Honorary Member, Non -Traditional Student Organization 1998 Prior to attending SEMO University: Caretaker, 19th century country home and gardens for executive of Monsanto Corporation Applebee's, Care Girardeau, certified trainer, kitchen prep Arizona based craftsperson specializing in art, antiques and jewelry, wholesaleiretail Office work and shipping for Carco Promotions, Eureka, MO Backpacked across the north side of the Great Lakes Philadelphia, PA based with experience in retail art sales, art gallery work employed by four-star downtown hotel The Warwick, 17th & Walnut attended Temple University to study Animal Behavior Backpacked solo through Europe to see Stonehenge, the Louvre, British Museum, Anne Frank House, Chartres Cathedral, Colonge Cathedral, Van Gogh Museum, Geneva, Switzerland Arts, Crafts & Ecology Instructor to children at the Jewish Community Center, St. Louis, MO 3yrs Volunteer at the Yalem Children's Zoo, St. Louis Zoological Gardens 2 yrs Participant, National Wildlife Symposium, 1978 and Walk for Wolves, Tyson Research Center Washington University supervisor of eleven part-time employees in Wohl Center, South Forty Hospitality at the Whittemore House Faculty Club, Washington University Backpacked through Mexico studying ancient archaeological sites of Teotihuacan, Uxmal, Chichen Itza, Tula, and Monte Alban, from Mexico City to the Yucatan Peninsula FIRST PRESBYTERIAN CHURCH Broadway at Lorimier P.O. Box 477 Cape Girardeau, MO 63702-0477 Telephone: 573-335-2579 Fax: 573-335-5639 July 25, 2001 Mr. Michael Miller City Manager City of Cape Girardeau 401 Independence Cape Girardeau, MO 63703 Dear Mr. Miller: Please accept this as our letter of support for the City of Cape Girardeau's application to the Department of Natural Resources — Historic Preservation program. I strongly believe that this organization can strengthen the local retail businesses in Cape Girardeau's historic central business district through these design guidelines. As a partner, I pledge to support this project with my time at meetings and resources. Sincerely, Rev. Paul Kabo, Jr. V AR CS .*U Nc I ■OYTN�A.�T MI��OYMI n July 25, 2001 Mr. Michael Miller City Manager City of Cape Girardeau 401 Independence Cape Girardeau MO 63703 Dear Mr. Miller: Please accept this as our letter of support for the City of Cape Girardeau's application to the Department of Natural Resources - Historic Preservation program. I strongly believe that this organization can strengthen the local retail businesses in Cape Girardeau's historic central business district through these design guidelines. As a partner, I pledge to support this project with my time at meetings and resources. Sincerely, f Thomas G. Howard Secretary Executive Board of Old Town Cape 119 Independence /P.0- Box 901- Cape Girardeau, MO 63702-0901 www.anscouncilsemo.org Tel 573.334.9233 Fax 573.334.4238 Email artscape@clas.net AR CS *U or NC 1L ■OUT—AST .....U.. July 25, 2001 Mr. Michael Miller City Manager City of Cape Girardeau 401 Independence Cape Girardeau MO 63703 Dear Mr. Miller: Please accept this as the Art's Council's letter of support for the City of Cape Girardeau's application to the Department of Natural Resources - Historic Preservation program. I strongly believe that this organization can strengthen the local retail businesses in Cape Girardeau's historic central business district through these design \.r� guidelines. As a partner, I pledge to support this project with my time at meetings and resources. Sincerely, I Thomas G. Howard Executive Director Southeast Missouri Council on the Arts, Inc. 119 Independence/P.O. Box 901- Cape Girardeau, MO 63702-0901 • www.artscouncilwmo.org Tel 573.334.9233 Fax 573.334.4238 Email artscape@clas.net W pira�, c Cape Girardeau Convention & Visitors Bureau July 26, 2001 Historic Preservation Commission Mr. John Schneider 4011ndependence Cape Girardeau, MO 63701 Dear John, The Convention & Visitors Bureau fully supports your application for a 2002 Historic Preservation Fund Grant to hire a consultant to compile design guidelines in the Old Town Cape district. Our historic downtown has great potential to become a major tourist attraction for our city. Tourism is our state's second largest industry and is the world's largest employer. It is vitally important to grasp this growing segment. The River Heritage Region of Southeast Missouri has long been an "untapped" gem in the dynamic field of travel and tourism. Cape Girardeau has much to offer the traveling public both culturally and historically. This project could truly be a win-win for everyone. You have our support and commitment to help you see this project become a reality. Best regards, Terri Clark -Bauer Director "Celebrate Life on the Mississippi' 100 Broadway • P.O. Box 617 • Cape Girardeau, Missouri * 63702-0617 Phone (573) 335-1631 • (800) 777-0068 • Fax: (573) 334-6702 www.capegirardeaucvb.org • e-mail: visitor@ldd.net 2fomas R. Yi jggins Accounting & Tdk Service 573-335-1456 pE.cEiVEn gill 2 7 2001, 112 ?hemis P 0. Box1655 Cape Girardeau, Mo 63702-165 c4 -c tatr. S 91mety-6n fomanation fo%.B4i1nrii ii Out fj-D'COIR1ie July 25, 2001 Mr. Michael Miller City Manager City of Cape Girardeau 401 Independence Cape Girardeau, MO 63703 Dear Mr. Miller: Please accept this as our letter of support for the City of Cape Girardeau's application to the Department of Natural Resources — Historic Preservation program. I strongly believe that this organization can strengthen the local retail businesses in Cape Girardeau's historic central business district through these design guidelines. As a partner, I pledge to support this project with my time at meetings and resources. Sincerely, 2vr�%164 - Thomas R. Higgins N RCGA onal Commerce a Growth Association Box 2113 .ape Girardeau, MO 63702-2113 573-334-4142 Fax 573-334-5523 800-827-7242 rcga@clas.nct July 26, 2001 Mr. Michael Miller City Manager City of Cape Girardeau 401 Independence Cape Girardeau, MO 63703 Dear Mr. Miller: Please accept this as our letter of support for the City of Cape Girardeau's application to the Department ofNatural Resources — Historic Preservation program. I strongly believe that this organization can strengthen the local retail businesses in Cape Girardeau's historic central business district through these design guidelines. As a partner, I pledge to support this project with my time at meetings and resources. Executive virector RCGA n FROM : Heartland Ins./Cape Printing FAX NO. : 5736519031 Jul. 26 2001 02:26PM P1 July 26, 2001 Ig7laarig Z(rea �ebetapmmt Corporation PLO. �Box2112 Cape 6irarbeau, 00 03702-211.2 573-339-1222 Mr. Michael Miller City Manager City of Cape Girardeau 401 Independence Cape Girardeau, MO 63703 Dear Mr. Miller, Please accept this letter as our letter of support for the City of Cape Girardeau's application to the Department of Natural Resources -- Historic Preservation program. I strongly believe this organization can strengthen the local retail businesses in Cape Girardeau's historic central business district. As a partner, I pledge to suppoTt this project with my time at meetings and resources. Sincerely, Ted R. Coalter President 07-30-01 16:08 CAPE CHAMBER/CGAIRA ID=573 335 4686 Cape Girardeau CHAMBER OF COMMERCE lQy of)bws on 1bt M4u&dpp( Rhmr" P.01 1267 N. Mount Auburn Road • Capt Girardeau, Missouri 63701 • (573) 335-3312 • FAX (573) 335-4686 July 30, 2001 To Whom It May Concern: Please consider1hia letter in support of Old Town Cape's effort, in conjunction with the Cape Girardeau Historic Preservation Commission, to submit a grant to the Missouri Department of Natural. Resources - Historic Preservation. The purpose of this grant would be to hire a consultant to write design guidelines as per the request of the Design Committee of Old Town Cape. As part of the grant, Old Town Cape would give 200 hours of the director's time and 100 hours of the graduate assistant's time. The Old Town Cape Board of Directors authorized support Ot Its last meeting. The Cape Girardeau Chamber of Commerce is interested in continuing the redevelopment of the old town area and believes the efforts of Old Town Cape to be very appropriate. If you have any qu"tions, please feel free to contact me at your convenience. Respe ully, John Mahner President & CEO 97-30-91 16:12 RECEIVED FROM:573 335 4686 P-91 :i] �o A CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 213 Agenda August 1, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Appointment to the Cable Television Advisory Committee Dear Mayor and City Council Members: Dr. Peter Hirschburg has resigned his position on the Cable Television Advisory Committee. A copy of his resignation letter is attached. Dr. Hirschburg was serving a term set to expire on February 20, 2004. For your information attached is a copy of the advisory board roster. According to Section 8-5 of the City Code, members of the Committee must be residents of the city. It also states that "The Council shall make every effort to appoint persons with a demonstrated interest in cable television and telecommunications." Attached are board summary sheets for Amy Chiles and Keith Whitworth who have expressed an interest in serving on the board. It is recommended that one appointment be made to the Cable Television Advisory Committee for a term expiring February 20, 2004. If you need further information, please do not hesitate to contact us. MGM:gc lil submitted, 00Q &X� Conrad Michael G. Miller City Manager CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees July 2, 2001 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only two consecutive terms effective with terms commencing January 8, 1996. Cable Television Advisory Committee Date Reaonointed 2/20/96; 2/16/99 2/20/96; 2/16/99 2/22/00 2/19/97; 2/22/00 Term Expires February 20, 2002 February 20, 2002 February 20, 2002 February 20, 2002 February 20, 2003 February 20, 2003 February 20, 2003 February 20, 2004 February 20, 2004 February 20, 2004 February 20, 2004 c0mmunications. bers serve three year terms. Appointed by Council. Members should have a demonstrated interest in cable television and Meetings held third Tuesday at 6:00 p.m. in the Public Information Office. Staff contact - Public inion -nation Officer. r) Date Appointed Laura Holloway February 16, 1999 Bruce Mims January, 1992 James J. Dufek (Chairman) June, 1990 Greg Petrowich July 3, 2000 Dan Rau February 19, 1997 Susan Hekmat February 20, 1996 Mark Lanzotti February 22, 2000 Rick Lambert February 17, 1998 Robert F. Sumner January 3, 2000 Andrew Chronister February 21, 2001 Peter Hirschburg September 8, 1998 Date Reaonointed 2/20/96; 2/16/99 2/20/96; 2/16/99 2/22/00 2/19/97; 2/22/00 Term Expires February 20, 2002 February 20, 2002 February 20, 2002 February 20, 2002 February 20, 2003 February 20, 2003 February 20, 2003 February 20, 2004 February 20, 2004 February 20, 2004 February 20, 2004 c0mmunications. bers serve three year terms. Appointed by Council. Members should have a demonstrated interest in cable television and Meetings held third Tuesday at 6:00 p.m. in the Public Information Office. Staff contact - Public inion -nation Officer. r) RECEIVED JUN 1 9 2001 June 15, 2001 Michael Miller, City Manager City of Cape Girardeau 401 Independence Cape Girardeau, MO 63703 Dear Mr. Miller, Employment will take me out of the country, until January 2002. As such, I must resign as a member of the Cable Television Citizens Commission. Commission Chainnan Jun Dufek has been informed of my situation, as has Public Information Officer Tracey Glenn. I have enjoyed serving on the Commission and will reapply for membership upon my return. Thank you for your consideration. Sincerely, �.�� LC( : Peter Hirschburg 511 Alta Vista Dr. Cape Girardeau, N40 63701 c Jim Dufek Tracey Glenn f IN 5� Advisory Board Application Page 1 of 1 CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name 011) ' Em -� Telephone: D' � �) `-/ - %i U C� Evening Z f 0 Home Address L Year Current Residence in Cape ardeau Began / 02A/ A/ Current Employer and Position , ii ' ` ll — 4Jli Previous Emplo ers and Positions J E;� In which Board(s)are you interested? Sneeial Qualifications fol specific board(s) (include past board service) Community Activities (Include offices held and committee service) Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime B. Morning _,&_ Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences, or four (4) absences in any twelve (12) months, will be regarded as an indication that future membership on the board is no longer your desire. SignedjY��j �. /(� IL__ / Date Board Member/Summary Sheets are valid for one year from the date that they are signed. Return to City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617 http://www.showme.net/capecity/depts/council/bdapp.htm 7/3/01 Advisory Board Application CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Namey,- 'M A. w t I+l. Telephone: Day (o 51- 553 3 Home Address (0 (n 1 'DO /'C Year Current Residence in Cape G Current Employer and Position W WA sf au Began 1 1 q.5 f M e i NOS Page 1 of 1 In which Board(s) are you interested?nb /e Special Qualifications for specific board(s) (include past board service) �i 19 it) _T &i ie e� of C'c v �' C-.�lQefi a - - • Oh brroadcr�Sf •�e(Sdgks C, � SYS�emSi i�cld c'�tq C Educational Community Activities (Include offices held and committee service 1 j 7 - �o ! l��' Si6jl c-- Arlc�'�r�iiw �'•����efrhg P'�o7 / 94 7 - n.4* CPAI - i0 ivi !/T P_ /�-k�/�! �l Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly ✓ Anytime B. Morning Noon Afternoon Evening Anytime � n fes, Ate ��r►t urt % CAfi�f By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences, or four (4) absences in any twelve (12) months, will be regarded as an indication that future membership on the board is no longer your desire. Signed Z§26?4 - �-� � Date O � Board Member Summary Sheets are valid for one year from the date that they are signed. Return to City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617 -- -I- - -- --------4/-----:a../.iinniI/hciann.htm 6/27/01 [i] CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 214 Agenda August 6, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Appointments to Historic Preservation Commission Dear Mayor and City Council Members: Due to the attendance requirements for city advisory boards, Ms. Verna Nelson is no longer a member of the Historic Preservation Commission. Ms. Nelson was absent from four meetings of the commission within a twelve month period. She was serving a term set to expire April 16, 2003. In addition, Ms. Lynette Shirrell and Ms. Julie Kolb were recently appointed to the commission. Ms. Kolb has declined the appointment (see attached letter) and Ms. Shirrell has moved from the area. Ms. Kolb was appointed for a term ending April 16, 2004, and Ms. Shirrell's term was to end April 16, 2003. A copy of the current roster for the Commission is attached for your information. According to Section 30-117 of the City Code, "...the members to be residents of the city, all of whom shall be appointed by and approved by the city council. The council shall make every effort to appoint persons with a demonstrated interest in the historical preservation of the city. To the extent available, the preservation commission shall include professional members representing such disciplines as architecture, law, real estate, history and or any otherfield related to historic preservation. " Don Boyd, Amy Chiles, Jared Cisco, Verna Nelson, Robin Seiler, Robert Shirley, and Janet Shirley have expressed interest in serving on the Commission, and their board summary sheets are attached. It is recommended that two appointments be made to the Historic Preservation Commission for terms expiring April 16, 2003, and one appointment for a term expiring April 16, 2004. If you have any questions or comments, please contact this office. Respectfully submitted, Michael G. Miller City Manager CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees I July 2, 2001 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only two consecutive terms effective with terms commencing January 8, 1996. Historic Preservation Commission SP e three year terms, appointed by Council. To the extent available members shall include professional members representing disciplines as architecture, law, real estate, history, or any other field related to historic preservation. Meetings held third Wednesday at 7:00 p.m. in Council Chambers. Staff contact - City Planner. n Date Appointed Date Reappointed Term Expires Mary Christina Manning April 2, 2001 --- April 16, 2002 Leeann Milde April 17, 2000 --- April 16, 2002 David Rutherford April 5, 1999 --- April 16, 2002 vacant --- --- April 16, 2003 Betty Voss April 17, 2000 --- April 16, 2003 vacant --- --- April 16, 2003 Barbara Port June, 1996 4/7/97; 4/17/00 April 16, 2003 vacant --- --- April 16, 2004 Felix Kinsley November, 1991 3/30/95, 4/6/98, 4/2/01 April 16, 2004 John Schneider April 6, 1998 4/2/01 April 16, 2004 Steven Peel April 2, 2001 --- April 16, 2004 SP e three year terms, appointed by Council. To the extent available members shall include professional members representing disciplines as architecture, law, real estate, history, or any other field related to historic preservation. Meetings held third Wednesday at 7:00 p.m. in Council Chambers. Staff contact - City Planner. n Mrs. A. R. Kolb RgC�91VFO JON 2 0 2061 723 William Street Cape Girardeau, Missouri 63703 E -Mail: ajmmzk@showme.net or 335-5115 City Manager 401 Independence Street P. O. Box 639 Cape Girardeau, Mo. 63702-0639 14 June, 2001 Dear Mr. Miller, I read in the Southeast Missourian that I have been appointed to the Historic Preservation Board. I am honored by the appointment. However, I will not be able to attend the monthly meetings due to very recent and unexpected events. I will attend when possible as a private citizen. Since I know I will be unable to attend regularly I am declining the appointment. Please accept my apology for any inconvenience this may cause. egrettably, Julie Lynne olb 1 Advisory Board Application CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD MEMBER SUMMARY Name 4/M t� Telephone: Day 's J.5" 0 Home Address JY of Year Current Residence in Cape Gi Current Employer and Position 14 Previous Employers and Positions In which Board(s) are you interested? -3 Evening 44)24, iu Began 1 y b yr NSA Special Qualifications for specific board(s) (include past board service) n Educational Background Page 1 ot' 1 i—tv Activities (Include offices held committee service) Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime B. Morning Noon Afternoon Evening Anytime X 11, By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed Date 8' F- Oe) Board Member Summary Sheets are valid for one year from the date that they are signed. Return to City Manager's Office, 401 Independence, P.O. Box 617,63702-0617 http://www.showme.net/capecity/depts/council/bdapp.htm 07/22/2000 Advisory Board Application Page I of 1 CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name OV/e" S Telephone: I � q %% 0 r) Evening S 7 O H Add �` /oA me or%, Year Current Residence in Cap Current Employer and Position Previous Em and Pncitinnc �C r . //10 In which Board(s) are you interested? .-�, Gl !) Special Qualifications f4 specific board(s) (include past board service) Educational Back ound Community Activities (Include offices held and committee service) Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly -X. Anytime B. Morning -4,— Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences, or four (4) absences in any twelve (12) months, will be regarded as an indication that future membership on the board is no longer your desire. 6Signed / 't: (0 ,Z_ Date Board Member'Summary Sheets are valid for one year from the date that they are signed. Return to City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617 http://www.showme.net/capecity/depts/council/bdapp.htm 7/3/01 �1 -1--,- CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SAY 0 Vock Name Jox p o NrkAo 0ibioTelephone: Day Home Address 3 4�� M M o z>0. EveningA..,E 33 2- %2 ,� O Year Current Residence in Cape Girardeau Be( an 69 /q - 09 Current Employer and Position -5 f i t Z i b l' u 01 b PJ✓ Previous Employers and Positions /►1'4r,hQ II Plum hl na In which Board(s) are you interested? II ` J- 0 -P N;Ucp-r I n!- 6) u Special Oualifications for specific board(s) (include past board service) _ cA M be r' Community Activities (Include offices held and committee service) Meeting time(s) convenient for you: (Please check one in Aa'nd one in B) A. Weekly Monthly Anytime / B. Morning Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences wA\be regarded as an indication that future membership on the board is no longer your desire. r Signed Date 6 - 30 -© ** Board Member Summary Sheets are valid for one year from the date that they are signed. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name Home Address Year Current Residence in Cape Girardeau Began Current Employer and Position Previous Employers and Positions �- A v.V/sr-77 - j+ir,� 0--,�Nt �-) Cm Telephone: Day r Evening T. 1-D 0i5 In which Board(s) are you interested? �Z!l6 Z7241,1- Id 7i4fC vw/ tiL-Z5/,r/, 4ZnPria1 Otinlifirn inn-, fnr me-.-ific board(s) (include past board service) .( o'n/ 17, Educational Background 'V / a/3 461L)l V, Community Activities (Include offices held and committee service)�Ylc f'i"t'S u_zPh �, A. Weekly Monthly __,,K Anytime B. Morning Noon Afternoon Evening )C— Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed ��P:� Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. ame Home Address I CITY 'OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Telephone: Day 5 r13 - 3SJ - '�SD i�S D Evening /' ..) Year Current Residence in Cape Girardeau Began A Lk--, s+ - to Oy Current Employer and Position 011 CCPD -Z-iiuder,+ 0 ( MA i n Press Previous Employers and Positions A <<i Ap cc, plug. C I erl:. QMenna E -C -i 4-dI: Hn 1 1k0 — J,L-,j 1 i 3 In which Board(s) are you interested? �-� st0 r: c PCP Sere I O Special Qualifications for specific board(s) (include past board service) PT0 o4icei, (Q55 -I99 Educational Background }�Cu a ,c t)� �;K�'S�-or, H'. �y\ oo I (���SS �C� r� Community Activities (Include offices field and committee service) ME Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly v/ Anytime ?— B. Morning Noon Afternoon Evening :i Anytime By signing this document, you agree to serve and attend regularly. (4) absences -i -n ady`tw live (12) onsecutive months, will be men rship on the board s no Ion er your desire. 6 �S� reed Three (3) consecutive absences, or four regarded as an indication that future ** Board Member Summary Sheets are valid for one year from J Date < the date tha hey are signed. �l Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702 -0617 - CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY t Name b{. -'F c r. c._F H I -e Telephone: Day 331 9 7 4 4 Home Address /S -o la- k v. -f�►- • Evening c Year Current Residence in Cape Girardeau Began /927 Current Employer and Position EvA4e-4-�LnE(e �'i�- • �— ��' `� �" Previous Employers and Positions In which Board(s) are you interested? �. s -14e -Ya-.1 s' e P Special Qualifications for specific board(s) (include past board service) Educational Background r3 A Community /Activities (Include offices held and committee service) L10" Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime ✓ B. Morning Noon Afternoon Evening ti/ Anytiffie By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will be regarded as an indication that future membership on the board is no longer your desire. Signed ** Board Member Summary Date rom the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. �61 LIQUOR LICENSES W� F& a�ao, h1O\ U ♦ \\ I <1 z�`y� L � CITY OF CAPEGiRARDEAU 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NE��' RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 7-23-01 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from TAMARA ZFLLARS BUQC d/b/a THE PRAT CAT located at 731 BROADWAY fora RETAIL LIQUOR BY THE DRINK Please complete inspection and return to the Finance Department. Referred to Police Department Referred to City Inspector, 7-24-01 Date 7-24-01 Date license. Notice (sign) given to Applicant N/A for Council Meeting 6-6-01 Date Date APPROVED DISAPPROVED DATE COMMENTS POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR Ir 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 ��I 401 INDEPENDENCE U♦� ie; o P O BOX 617 ` CAPE GIRARDEAU MO 63702 \ l N 0� PH: 573-334-1332 FAX: 573-335-7946 �it1i?'�tiiC APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant TURA ZELLARS BUCK Managing Officer TAMARA EiATIVF: ZEL ARS BUCK Business Address 731 BROADWAY Type of Liquor License RETAIL LIQUOR BY THE DRIW Type of license in last 6 months SAME Approval of pp 'cant by Police Date Signatur Inspection Personnel: Zoning Classification C, 3 d/b/a THE FHAT CAT FOR THE LOC'ATI Depart e The applicant (i?C is not) required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant QW, has not) posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structures, is not) within 200 feet of a church or school building. This structure (is,�� zoned correctly as required under CI of the City Code of Ordinances. Date Signat r� This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENTACTIVITYREPORT NAME OFBUSINESS: BUSINESS ADDRESS: MANAGING OFFICER: DATE OF REVIE W.• The Phat Cat 731 Broadway Tamara Zellars Buck August 1, 2001 SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT.• There is no criminal history on record for Ms. Zellars-Buck There was one attempted suicide complaint at the above address during the past 12 months, requiring police intervention. The application is for a new liquor license at a former liquor establishment (Auntie Alberts) with different management. W nt John R Davis, Services Division CGPD Form # 112 MO ' CITY OF CAPEGiMRDEAU U— �\ 401 INDEPENDENCE CGI` y PO BOX 617 `� \ 3 CAPE GIRARDEAU MO 63702 Cit PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION (circle one) WARE; Fam— CHANGE IN MANAGING OFFICER Date of Submitted: 7-12-01 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from KIKMIS CLUB OF CAPE GIRAREAU d/b/a located at PARKIM LOT OF MINOR,S ' RAREFY-I]AVIDSOIv fora 5% BEER BY THE DRINK 905 ENTERPRI� Please complete inspection and return to the Finance Department. Referred to Police Department 7-12-01 Date Referred to City Inspector 7-12-01 Date Notice (sign) given to Applicant N/A for Council Meeting 8-6-01 Date Date APPROVED DISAPPROVED POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR DATE COMMENTS R r i The Police Department and City Inspectors have comp) ed their assigned review, with comments as noted above. The license is hereby authorized to be is ed DATE CITY MANAGER �/ CITY OF CAPE GIRARDEAU POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITY REPORT NAME OFBUSINESS: BUSINESS ADDRESS: MANAGING OFFICER: DATE OF REVIE W.• Kiwanis Club of Cape Girardeau 905 Enterprise Dr. (Minor's Harley Davidson) Joe H. Anders July 18, 2001 SUMMARY OFACTIVITIES EFFECTING THE ESTABLISHMENT.• There is no criminal history on record for Mr. Anders. The enclosed application is for a temporary liquor license for 5% beer sales on the parking lot of Minor's Harley Davidson for September 7`" and 8`", 2001 in conjunction with Minor's 3e Anniversary and the H.O.G. Rally. There was one incident of Failure to Return Leased Property at the above address requiring police intervention within the past 12 months. Pit John ,& Davis, Services Division CGPD Form # 112 V LN r) CITY OF CAPE GIRARDEAU STATE OF MISSOURI APPLICATION FOR TEMPORARY LIQUOR LICENSE PERMIT CHECK ONE OR MORE: Form No. 3 $10.00 License Fee 3.2% Non -Intoxicating Beer by Drink (E) 5% Beer by Drink (F) NAME OF APPLICANT ORGANIZATION PHONE NUMBERZZ- 04 NAME OF BUSINESS OR LOCATION WHERE LICENSE WILL BE USED LICENSE REQUESTED FOR PERIOD_ Seven Days Maximum CION OR EVENT FOR WgHICH LICENSE IS Zoo/ to C;;Map�K ,Sr9 0('4 K/ 509 t,� 04le00f TED: W VOf2'S -3ULH r) DhSCRIPTION OF LOCATION WHERE MERCHANDI9E IS KEPT AND SOLD: �o- I N d'S V� Std! • �u << � L - PLEASE ATTACH A COPY OF A SKETCH PLAN SHOWING LOCATION OF THIS BAR IN RELATIONSHIP TO THE TOTAL PROPERTY (Include intervening streets). This need not be drawn to scale, but should be a schematic representation of the layout of the buildings and bars to determine that provisions of the ordinance are met. I, the undersigned, understand and agree that if any of the above answers or statements, including the sketch plan, are untrue and the license herein applied for is granted, such license may be suspended or revoked by the City Council. I further understand and agree that if I, or any of my employees, shall violate the provisions of any ordinances of the City of Cape Girardeau, Missouri or allow others to do so upon the licensed premises, the City Council may suspend or revoke this SPECIAL license. I further understand that this is a SPECIAL PERMIT and is good only for the period covered above. Applicant Representative: yo T--- '8 �) h( DF- FAamst Name Middle Initial Last Name Signature Date of Birth Position with Applicant Organization Social Security Number W" MO CITY OF CAPEGiRARDEAU 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334 1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE •'-Olt- (7E,-'Ir i- h,> I• Date of Submitted: 7-23-01 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from FRED HIC)ON d/b/a SEMO DIST. FAIRE located at ARENA PARK GROUNDS 41 for a 5% BEER BY THE DRINK FOR 9-6-01 TO 9-8-01 license. Please complete inspection and return to the Finance Department. Referred to Police Department 7-24-01 Date Referred to City Inspector Date Notice (sign) given to Applicant N/A for Council Meeting 8-6-01 Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR r r, x, r- r, TIiCnDDDn',1L" nATG' CYWXAFNTC The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER CITY OF CAPE GIRARDEAU POLICE DEPARTMENT LIQUOR ESTABLISHMENTACTIVITYREPORT NAME OFBUSINESS: BUSINESS ADDRESS: MANAGING OFFICER: DATE OF REVIEW. SEMO District Fair Arena Park, 4 Stands Fred Higdon July 30, 2001 SUMMARYOFACTIVITIES EFFECTING THE ESTABLISHMENT.• There is no criminal history on record for Mr. Higdon. There is no speck situation at the previous events of such magnitude that would necessitate highlighting for denial purposes. The Cape Girardeau Police Department maintains a constant presence on site during the week of the SEMO District Fair. This application is for a temporary license for the 4 stands from September 6 through September 8, 2001. There is an additional application for a temporary license for September 9 through 15, 2001. Pit John R Davis, Services Division CGPD Form #112 u N W i CITY OF CAPEGiRARDEAU 401 INDEPENDENCE t P O BOX 617 CAPE GIRARDEAU MO 63702 CG ��' '.�i ;1'` •,, )`• 11 t PH: 573-334-1332 FAX: S73-335-7946 INSPECTION FORM FOR LIQUOR LICENSI? ITP PPLICATION: (circle one) TEP4PORARY J iL� �`(�T('' i` iAT A�A ATA !` TN(` n�i I� ICER l t i 1 �•J =�'i x� z� tTR'=tSrr� Date of Submitted: 7-23-01 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from FRED HIGDON d/b/a SENIO DIST. FAIRE located at ARENh PARC GROUNDS for a 5% BEER BY THE DRINK FOR 9-6-01 TO 9-5-01 license. Please complete inspection and return to the Finance Department. Referred to Police Department 7-24-01 Date Referred to City Inspector Date Notice (sign) given to Applicant N/A for Council Meeting 8-6-01 Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE_ CITY MANAGER CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITY REPORT NAME OFBUSINESS: BUSINESS ADDRESS: MANAGING OFFICER: DATE OF REVIE W.• SEMO District Fair Arena Park, 4 Stands Fred Higdon July 30, 2001 SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT: There is no criminal history on record for Mr. Higdon. There is no specific situation at the previous events of such magnitude that would necessitate highlighting for denial purposes. The Cape Girardeau Police Department maintains a constant presence on site during the week of the SEMO District Fair. This application is for a temporary license for the 4 stands from September 6 through September 8, 2001. There is an additional application for a temporary license for September 9 through 15, 2001. Pit John R Davis, Services Division CGPD Form # 112 V WL CITY OF CAPEGIRARDEAU U ♦ ' \ I `'ziv'' rY 1'11E UNION" ;a 401 INDEPENDENCE r� J PO BOX 617 CAPE GIRARDEAU MO 63702 t � PH: S73-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSI? TIP ATION: (circle one) Tajo RENL+'«'AL CHANGE IN MANAGING OFFICER Date of SUbmitted: 7-23-01 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from FRED HIGDON d/b/a SEMO DIST. FAIRE located at ARENA PARK GROUNDS #3 for a 5% BEER BY THE DRINK FOR 9-6-01 TO 9-8-01 license. Please complete inspection and return to the Finance Department. Referred to Police Department 7-24-01 Date Referred to City Inspector Date Notice (sign) given to Applicant N/A for Council Meeting 8-6-01 Date mate POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER CITY OF CAPE GIRARDEAU POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITY REPORT NAME OFBUSINESS: BUSINESS ADDRESS: MANAGING OFFICER: DATE OF REVIEW: SEMO District Fair Arena Park, 4 Stands Fred Higdon July 30, 2001 SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT: There is no criminal history on record for Mr. Higdon. There is no speck situation at the previous events of such magnitude that would necessitate highlighting for denial purposes. The Cape Girardeau Police Department maintains a constant presence on site during the week of the SEMO District Fair. This application is for a temporary license for the 4 stands from September 6 through September 8, 2001. There is an additional application for a temporary license for September 9 through 15, 2001. 71 John R Davis, Services Division CGPD Form # 112 �/ °C,: CITY OF CAPEGIRARDEAU 401 INDEPENDENCE u P O BOX 617 (� CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-33S-7946 INSPEC'T'ION FORM FOR LIQUOR LICENSI? "I'1'I'I:�11 7I 'KION: (circle one) �nvnRn R� - ?1 RI;NENVAL CHANGE IN MANAGING OFFICER Date of Submitted: 7-23-01 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from FRED HIGDON d/b/a SE IO DIST. FAIRE located at ARENA PARK GROUNDS Please complete inspection and return to the Finance Department. Referred to Police Department 7-24-01 Date Referred to City Inspector Date Notice (sign) given to Applicant N/A for Council Meeting 8-6-01 Deus Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR -"T. A 1. ADDD CV, rn "1gAPP1?0VFF) r)ATI COMMENTS The Police Department and City Inspectors have completed their assigned review, with coinnlents as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITY REPORT NAME OF BUSINESS: BUSINESS ADDRESS: MANAGING OFFICER: DATE OF REVIEW. SEMO District Fair Arena Park, 4 Stands Fred Higdon July 30, 2001 SUMMARY OFACTIVITIES EFFECTING THE ESTABLISHMENT: There is no criminal history on record for Mr. Higdon. There is no speck situation at the previous events of such magnitude that would necessitate highlighting for denial purposes. The Cape Girardeau Police Department maintains a constant presence on site during the week of the SEMO District Fair. This application is for a temporary license for the 4 stands from September 6 through September 8, 2001. There is an additional application for a temporary license for September 9 through 15, 2001. 7t John K Davis, Services Division CGPD Form # 112 Q• 4 W i Y H n Q\1�S L a i .c = Wo T Q Q a rn e) �'�_�� CITY OF CAPEGIRARDEAU 401 INDEPENDENCE P O BOX 617 Imo; CAPE GIRARDEAU MO 63702 P `\11� PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE I= ' TION: (circle one) TEMPORARY RENE«'AL CHANGE IN MANAGING OFFICER Date of -Submitted: 7-23-01 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from FRED HICDON d/b/a SEMO DIST. FAIRE located at ARENA PARK GROUNDS #1 BEER BY I / • I FOR 9-9-01 i• 9-19-01 IDXnsc. Please complete inspection and return to the Finance Department. Referred to Police Department Referred to City Inspector. Notice (sign) given to Applicant POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR 7-24-01 Date Date N/A for Council Meeting 8-6-01 Date Date The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER CITY OF CAPE GIRARDEAU POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITY REPORT NAME OFBUSINESS. BUSINESS ADDRESS: MANAGING OFFICER: DATE OF REVIEW: SEMO District Fair Arena Park, 4 Stands Fred Higdon July 30, 2001 SM" Y OFACTIVITIES EFFECTING THE ESTABLISHMENT: There is no criminal history on record for Mr. Higdon. There is no specific situation at the previous events of such magnitude that would necessitate highlighting for denial purposes. The Cape Girardeau Police Department maintains a constant presence on site during the week of the SEMO District Fair. This application is for a temporary license for the 4 stands from September 9 through September 15, 2001. There is an additional application for a temporary license for September 6 through 8, 2001. Lieuten6k John R Davis, Auxiliary Services Division CGPD Form # 112 N- n 10 `� CITY OF CAPEGIRARDEAU 401 INDEPENDENCECL— �— P O BOX 617 q, ^o' CAPE GIRARDEAU MO 63702t` \ 4 on/ PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TI'PI? F- TION: (circle one) TEMPORARY RENENNIAL CITANGE IN MANAGING OFFICER Date of Submitted: 7-23-01 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from FRED HIGDON d/b/a SEIKO DIST. FAIRE located at ARENA PARK GROUNDS #2 for a 5% BEER BY THE DRINK FOR 9-9-01 TO 9-15-01 license. Please complete inspection and return to the Finance Department. Referred to Police Department 7-24-01 Date Referred to City Inspector Date Notice (sign) given to Applicant N/A for Council Meeting 8-6-01 Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER CITY OF CAPE GIRA"EA U POLICE DEPARTMENT LIQUOR ESTABLISHMENTACTIVITYREPORT NAME OF B USINESS: SEMO District Fair BUSINESS ADDRESS: Arena Park, 4 Stands MANAGING OFFICER: Fred Higdon DATE OF REVIE W.• July 30, 2001 SUMMARY OFACTIVITIES EFFECTING THE ESTABLISHMENT.• There is no criminal history on record for Mr. Higdon. There is no specific situation at the previous events of such magnitude that would necessitate highlighting for denial purposes. The Cape Girardeau Police Department maintains a constant presence on site during the week of the SEMO District Fair. This application is for a temporary license for the 4 stands from September 9 through September 15, 2001. There is an additional application for a temporary license for September 6 through 8, 2001. Lieutenant Ahn R Davis, Auxiliary Services Division CGPD Form # 112 e) CITY OF CAPEGIRARDEAU 401 INDEPENDENCE P O BOX 617 u 40; CAPE GIRARDEAU MO 63702 CG ( �o PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPI: O.F__A+4)4AAC:ITION: (circle one) BENE«'AL CHANGE IN MANAGING OFFICER Date of Submitted: 7-23-01 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from FRED HIGDON d/b/a SEMO DIST. FAIRE located at ARS' PARK GRouNDs 43 for a 5% BEER BY THE DRINK FOR 9-9-01 TO 9-15-01 license. Please complete inspection and return to the Finance Department. Referred to Police Department 7-24-01 Date Referred to City Inspector Date Notice (sign) given to Applicant N/A for Council Meeting 8-6-01 Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR 111 F' UN10N� -Q-'AI,- The Police Department and City Inspectors have completed their assigned review, with conlnlCnts as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER CITY OF CAPE GIRARDEAU POLICE DEPARTMENT LIQUOR ESTABLISHMENTACTIVITYREPORT NAME OF BUSINESS: BUSINESS ADDRESS: MANAGING OFFICER: DATE OF REVIEW: SEMO District Fair Arena Park, 4 Stands Fred Higdon July 30, 2001 SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT: There is no criminal history on record for Mr. Higdon. There is no specific situation at the previous events of such magnitude that would necessitate highlighting for denial purposes. The Cape Girardeau Police Department maintains a constant presence on site during the week of the SEMO District Fair. This application is for a temporary license for the 4 stands from September 9 through September 15, 2001. There is an additional application for a temporary license for September 6 through 8, 2001. CGPD Form # 112 V W" CITY OF CAPEGiRARDEAU 401 INDEPENDENCE n_ I— ° �''-7_ P O BOX 617 t *'� �• � �`� CAPE GIRARDEAU MO 63702 •,' •� �a'��-tfi� • ` :1 A PH: 573-334-1332 FAX: 573-335-7946 ��tE• ur:tnr. INSPECTION FORM FOR LIQUOR LICENSE TYPI: OAP-I'yI�ATION: (circle one) RENENVAL CHANGE IN MANAGING OFFICER Date of'Submitted: 7-23-01 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from FRED HIGDON d/b/a SEMO DIST. FAIRE located at ARENA PARK GROUNDS #4 for a 5% BEER BY THE DRINK FOR 9-9-01 7m 9-15-01 license. Please complete inspection and return to the Finance Department. Referred to Police Department 7-24-01 Date Referred to City Inspector Notice (sign) given to Applicant POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR Date N/A for Council Meeting 8-6-01 Date Date t The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER CITY OF CAPE GIRA"EAU POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITYREPORT NAME OF BUSINESS: BUSINESS ADDRESS: MANAGING OFFICER: DATE OF REVIE W.• SEMO District Fair Arena Park, 4 Stands Fred Higdon July 30, 2001 SUM!KARY OFACTIVITIES EFFECTING THE ESTABLISHMENT: There is no criminal history on record for Mr. Higdon. There is no specific situation at the previous events of such magnitude that would necessitate highlighting for denial purposes. The Cape Girardeau Police Department maintains a constant presence on site during the week of the SEMO District Fair. This application is for a temporary license for the 4 stands from September 9 through September 15, 2001. There is an additional application for a temporary license for September 6 through 8, 2001. it John R Davis, Services Division CGPD Form # 112 n e) � � I H a C) cl R M Cn a D a D o n rn D n F (T m y • , ' � •t Sd�O� f ► r �o 5� CITY OF CAPE GIRARDEAU Office of the City Manager Council Memorandum No. 34 August 1, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Appointments to Board of Examiners Dear Mayor and Council Members: At the present time there are two vacancies on the Board of Examiners. These terms were previously held by Mr. Fred Eggley and Mr. Leonard Jansen. Mr. Eggley's term expired January 1, 2001. Mr. Eggley did not wish to be reappointed, and the position has been vacant since that time due to the lack of applicants. Mr. Leonard Jansen served on the board from 1991 through May of 2001. However, due to the attendance requirements for city advisory boards, Mr. Leonard Jansen is no longer a member of this board. Both of the vacant terms are to expire January 1, 2004. For your review attached are copies of the board roster, attendance roster, and Section 15-426 of the Code of Ordinances which outlines the requirements for the board. Mr. Jansen has now re- submitted his application to the board and wishes to be reappointed. This position on the Board of Examiners has been advertised on the public access channel; however, no other applications have been received. Unless directed otherwise, one appointment to the Board of Examiners for a term expiring January 1, 2004, will appear on your August 20 agenda for consideration. The staff will continue to actively pursue applicants for this board. If you have any questions or need further information, please let me know. Respectfully submitted, micnaei u. Miner City Manager GLC:MGM:gc CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees July 2, 2001 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only two consecutive terms effective with terms commencing January 8, 1996. Board ofExaminers Date Appointed Larry McElroy (electrician) July 7, 1998 Stanley Wicks (electrician) December 21, 1998 George Reutzel (construction/electrician)June 21, 1999 Danny E. Stitz (plumber/mech. install.) July 21, 1997 David F. Dormeyer (at large) December, 1996 vacant vacant Stanley "Dennis" Coomer (plumber) March, 1995 Date Reappointed Term Expires 12/21/98 January 1, 2002 --- January 1, 2002 July 1, 2002 12/20/99 January 1, 2003 12/20/99 January 1, 2003 January 1, 2004 January 1, 2004 6/15/98; 6/18/01 July 1, 2004 Serve three year terms, appointed by Council. Four of the 8 members must have at least 6 years practical experience in 1 of the construction trades and be licensed in and actually engaged in working at their construction trade at the time of appointment. These four members must include not more than two of each of the following: plumber, mechanical installer, electrician, Sggtruction contractor, master drainlayer and plumbing fixture installer. Three members must be licensed as either a plumber, ectrician, a mechanical installer, a construction contractor, a master drainlayer or a plumbing fixture installer and must be actually engaged in working at their trade at the time of their appointment. One member need not be a licensed practitioner of the construction trades. Meetings held first Wednesday at 7:00 p.m. in Council Chambers. Staff contact - Inspection Services Director. (Diana) n T O M >� U 11 � a •� O O d N R r C O L d L w `N M d 00 � d C w N d L N d w r d Oco XXQQXXXX O- aXXxxxxx z O O O O ovaxaxxxxx ti N N ti O W X X X a Q Q X X a ZO 2wwI —ZU o Q Q X X a X X X X X X X X X Q a Q R Q Q X X X X X X CL a xxQaaxxx xaxxxaxx xxxxxxax U. 0 RO 2ww� —Zo n� •> O C O Q -0 f6 O`p L C Q Q` -O J J( = C co co O OC O _ c O w O N Q y U .� _ O O O E cD r N O C `N 00 L d L M p� 'C d C � N d L O O O O U' d ti N N ti d N co co 00 cc V d Q O z r U 0 a a) to "; a 3 zo 7 co X x x x x a N X X X X X X X L Q00axQxxxx L Q v x x x a a x x ~xaTaxxxx 4) xxxxxxax xaxxxxx -0 . _� C f0 R L 0' O Q O R O C O' Q` LLL J J Vr C 0 O = c0 N y ; C O O O Q O" U0 C Cc w U �` := V U f� W-)lodu)� > 1 IN CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY r) Name Leonard Jansen Telephone: Day 3 3 4 - Fi 7 -14 Home Address 1913 Belleridae Pike Evening 334-5199 Year Current Residence in Cape Girardeau Began Current Employer and Position Javmac Equipment Coowner Previous Employers and Positions Board of Examiner_ In which Board(s) are you interested? Bo a r a of Fx a m i n e r s Special Qualifications for specific board(s) (include past board service) Has served on the Board of Examiners since 1992- would 1 i-ke- to- be 'Educational Background Community Activities (Include offices held and committee service) Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly X_ Anytime B. Morning Noon Afternoon Evening _ Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an Indic on that future membership on the board is no longer your desire. Sig Date (� ** oard *ity ry Sheets are valid for one year from the date they are signed. Return toger's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 16, 2001 217 REGULAR SESSION — JULY 16, 2001 Council convened in regular session on Monday, July 16, 2001, at 7:00 p.m. with Mayor Albert M. Spradling III presiding and Council Members Richard Eggimann, Matt Hopkins, Tom Neumeyer, Frank Stoffregen and Hugh White present. Jay Purcell was absent. The invocation was presented by Mr. White, and the Pledge of Allegiance was recited. The minutes of the July 2, 2001, regular and closed sessions were approved upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, 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, Spradling, Stoffregen, White. Nays, none. Ms. Kathy Fish, real estate agent for Dane Evans, appeared regarding the rezoning of 545 Asher Street. She stated that a portion of this lot was purchased by MoDOT for the new bridge route, and the remainder of the lot is not large enough to build a home on. The nature of the neighborhood has changed with the new bridge route, and the value of the lot is minimal if it remains residential. She further acknowledged that spot zoning was an issue and stated that if the requested C-3 zoning is not approved, the owner may request rezoning to M-1 since there is M-1 zoning across the street from the property. Mr. Spradling said that Charles Haubold, Chairman of the Planning and Zoning Commission, had told the City Council during its study session that the lot is 7600 square feet with two partial lots. Upon questioning by Mr. Spradling, Ms. Fish stated that the main lot size is 60' x 100'. Mr. Spradling added that this rezoning would be incompatible with the residential development in the area and with the block grants which have been used to renovate many existing homes. There being no further appearances, the hearing was closed. BILL NO. 2001-122 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 545 ASHER STREET, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-3 TO C-3 Mr. Eggimann made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 2001-122. The motion failed upon the following vote: Ayes, none. Nays, Eggimann, Hopkins, Neumeyer, Spradling, Stoffregen, White. Mr. Don Howard appeared and read a petition on behalf of the residents of the 1100 block of South Ranney and the 1200 block of South Sprigg stating that city ordinances, especially the loitering and weed ordinances, are not being enforced in this area. He stated that on the fourth of July there was a large gathering of people shooting fireworks at each other and at buildings, and there was not adequate police response. In addition, he had reported that May Green School may have been on fire, and a police officer, instead of the fire department, responded. He continued that this type of response will not be tolerated and he may proceed with legal action against the city. Mr. Stoffregen questioned Mr. Howard on the type of language he uses when he calls the police department and when he is dealing with the children in his neighborhood. He told Mr. Howard Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 16, 2001 218 195 that he felt many of his phone calls tote department are nuisance calls, and many he is having in his neighborhood may be due to his actions. Mayor Spradling read a report from the patrolman who responded to Mr. Howard's complaints on the fourth of July on South Ranney. He stated that if the report is accurate, Mr. Howard's actions are contributing to many of his problems. He suggested to Mr. Howard that he treat his neighbors better to improve his circumstances. Mr. Thomas Given, 1013 South Ranney, appeared and discussed the children shooting fireworks at each other on the fourth of July. He said the children were not controlling where the fireworks were going, and one landed on his neighbor's front porch. He expressed concern that if this continues, someone may eventually lose their home. The following bills were given second and third readings: BILL NO. 2001-134 AN ORDINANCE VACATING THE CITY'S INTEREST IN A UTILITY POLE EASEMENT AT 1721 CRESTWOOD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 2001-135 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 16-G, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 16, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 2001-136 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF THE SOUTHWEST CORNER OF THE INTERSECTION OF SOUTH SILVER SPRINGS ROAD AND SHAWNEE PARKWAY, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO C-2 BILL NO. 2001-137 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 611 SOUTH SPRIGG STREET, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R- 3 TO C-1 BILL NO. 2001-138 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 61 NORTH CLARK AVENUE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R- 4 TOM -1 BILL NO. 2001-139 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CAPE GMAC PONTIAC, INC., DARRELL BROWN, MARILYN SINGLETON AND CHARLEEN BACK, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A TELECOMMUNICATION FLAGPOLE AND AN EQUIPMENT BUILDING FOR SOUTHWESTERN BELL WIRELESS AT 755 SOUTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI W Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 16, 2001 219 1195 BILL NO. 2001-140 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO RUPERT C. MEYER, HELEN V. MEYER, THOMAS L. MEYER, HELEN M. MEYER AND THE METROPOLITAN COMMUNITY CHURCH OF SOUTHEAST MISSOURI, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A CHURCH AND CHURCH RELATED WORK AT 833 NORTH SPANISH STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 2001-141 AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF CAPE GIRARDEAU, MISSOURI, TO EXECUTE A LETTER OF INTENT WITH THE COUNTY OF CAPE GIRARDEAU, MISSOURI AND CITY OF JACKSON, MISSOURI, RELATING TO THE CONTINUED PARTICIPATION IN THE I-55 JACKSON/CAPE GIRARDEAU CORRIDOR PROJECTS AGREEMENT BILL NO. 2001-142 AN ORDINANCE AMENDING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-1-D-5, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-1-D, APPROVING THE PLANS AND AUTHORIZING THE CONSTRUCTION OF A SYSTEM OF SANITARY LATERAL SEWERS IN LATERAL SEWER DISTRICT NO. 14-1-D-5, UNDER A PRIVATE CONTRACT SUBJECT TO CERTAIN PROVISIONS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 2001-143 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING NO PARKING ON CLARK AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NOs. 2001-134, 2001-135, 2001-136, 2001-137, 2001- 138, 2001-139, 2001-140, 2001-141, 2001-142, and 2001-143 were approved and the ordinances adopted upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Spradling, Stoffregen, White. Nays, none. Mayor Spradling abstained for financial reasons on BILL NO. 2001-140. BILL NO. 2001-134 is ORDINANCE NO. 2907; BILL NO. 2001-135 is ORDINANCE NO. 2908; BILL NO. 2001-136 is ORDINANCE NO. 2909; BILL NO. 2001-137 is ORDINANCE NO. 2910; BILL NO. 2001-138 is ORDINANCE NO. 2911; BILL NO. 2001-139 is ORDINANCE NO. 2912; BILL NO. 2001- 140 is ORDINANCE NO. 2913; BILL NO. 2001-141 is ORDINANCE NO. 2914; BILL NO. 2001-142 is ORDINANCE NO. 2915; BILL NO. 2001-143 is ORDINANCE NO. 2916. BILL NO. 2001-149 was given first reading as follows: AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS AND TEMPORARY CONSTRUCTION EASEMENTS FROM DRURY LAND DEVELOPMENT CORPORATION, DRURY DEVELOPMENT CORPORATION, DSW DEVELOPMENT CORPORATION, BLUFF CITY BEER COMPANY, AND EUGENE AND MARSHA HOLLOWAY FOR THE WIDENING OF SIMERS DRIVE BETWEEN CAMPSTER DRIVE AND BLOOMFIELD ROAD Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 16, 2001 220 �. TOOI11195 The first reading of BILL- was approved upon Mr. Eggimann's motion, ITMr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-151 was given first reading as follows: AN ORDINANCE ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FROM GREATER CAPE GIRARDEAU AREA BENEVOLENT ASSOCIATION TO CONSTRUCT A RAIL SPUR IN THE GREATER CAPE GIRARDEAU AREA INDUSTRIAL PARK The first reading of BILL NO. 2001-151 was approved upon Mr. Hopkins' motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Stoffregen, White. Nays, none. Mayor Spradling abstained for financial reasons. BILL NO. 2001-152 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF McDONALD'S SUBDIVISION The first reading of BILL NO. 2001-152 was approved upon Mr. Stoffregen's motion, Mr. White's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-150 was presented as follows: A RESOLUTION ADOPTING A NEW CITY COUNCIL POLICY REGARDING PAID FIRE PROTECTION OUTSIDE CITY LIMITS The reading of BILL NO. 2001-150 was approved and the resolution adopted upon Mr. Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-150 is RESOLUTION NO. 1689. BILL NO. 2001-153 was presented as follows: A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, ACCEPTING FUNDING FROM THE STATE OF MISSOURI, COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, FOR THE RENAISSANCE AIRCRAFT INDUSTRIAL PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT AND LOAN DOCUMENTS The reading of BILL NO. 2001-153 was approved and the resolution adopted upon Mr. Eggimann's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-153 is RESOLUTION NO. 1690. Mr. Hopkins made a motion, seconded by Mr. Eggimann, to conditionally approve a retail liquor by the drink license for Rodney Pobst d/b/a Players, 113 Broadway, Rodney Pobst Managing Officer. The motion was approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Spradling, Stoffregen, White. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. RPunlar Session July 16, 2001 221 Mr. White made a motion, seconded by Mr. Hopkins, to conditionally approve a retail liquor by the drink license for Fred Glueck, d/b/a Players Bar LLC, 632 Broadway, Fred Glueck, Managing Officer. The motion was approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Spradling, Stoffregen, White. Nays, none. Mayor Spradling abstained for financial reasons. The effluence from a private sanitary sewer line serving Phase III of the Lutheran Home was accepted into the city's system upon Mr. Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neume er Spradling, Stoffregen, White. Nays, none. The improvement plans for streets, storm sewers and sanitary sewers to serve McDonald's Subdivision in Sewer District 6-G were approved upon Mr. Eggimann's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Spradling, Stoffregen, !' White. Nays, none. j Mayor Spradling stated that discussion regarding the placement of signs on city right-of-way was held during the study session. There being no further business, the Council adjourned upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Spradling, Stoffregen, White. Nays, none. A. M. Spradling III, Mayor Gayle L. Conrad, City Clerk MINUTES BOARD OF APPEALS City of Cape Girardeau P.O. Box 617 Cape Girardeau, Missouri 63702-0617 May 10, 2001 Tlic Board of Appcals nhct "I,liursday, May 10, 2001 at 6:00 p.m. in die Council Cha►nbcrs, City Hall 401 Independence St.. Members Present: Paul Grebe, David Pleiller, Dave Albcrson, Farris Nabors, Mark Strickland, Toni Phillips (alternate) and Michael Annis (alternate). Members Absent: Tony Sebek Call to order at 7:00 p.m. by Dave Pfeiffer Vice -Chairman. Roll Call. Motion was made by Tom Phillips to accept the minutes from the April 12, 2001 meeting. Farris Nabors seconded the motion, motion passed 5-0 in favor. Appeal Request: John Wyman, located at 300 Broadway, Royal New Orleans Restaurant, requested a variance from Section 705.2 and Table 705.2 and per plan review referring to Section 703.1 which pertain to the exterior wall rating on the west side of the addition and a variance for Section 705.2 and Table 705.3 for providing openings on the west wall. Mr. Wyman was present for the appeal. The proposed covered walkway will be built 3 feet Within the lot line. The walkway would consist ol' a solid brick wall, die original windows and wrought iron doors. 'IThe walkway is similar to what was there previously, except the roof. The new roof will be pitched instead of flat; the walkway will have electric, but no plumbing, heat or air. Mr. Wyman stated the malin building would have ice dards installed when the rool' was replaced, these guards will be added to protect die customers and the new walkway. The City of Cape Girardeau's position is that there were no grounds for an appeal. Section 121.1 of'die BOCA National Building Code states that "an application for an appeal shall be based on a claim that the true intent of dhis code or rules legally adopted thereunder have been incorrecdy interpreted, die provisions of this code do not fully apply, or an equivalent form of construction is to be used." The 1996 National Building Code Commentary state that "An aggrieved party may not appeal a code requirement per se. The intent of the appeal process is not to waive or set aside a code requirement, radher it is intended to provide a means of reviewing a code official's decision on an interpretation or 130ARD OF APPEAL 5 MINUTES May 10, 2001 Page 2 application of the code or to review the equivalency of protectlon to die code requirements." Section 703.1 requires (lie construction documents to Include doculie lltatiO11 substantiating all required lire resist�uice ratings, including (let<uls. Section 705.`2 requires all exterior will within 0 to 5 feet of tlic property line to have a two-hour lire resistance rating. It further states that the fire resistance rating of exterior walls with a Lire separation distance of 5 feet or less shall be rated for exposure to fire from bodi sides. Section 705.3 docs not allow unprotected openings mthin 5 feet of the property line or protected openings within 3 feet of the property line. Tilese code sections apply regardless of the existing development on adjoining property. The applicant and the design professional both acknowledge the interpretation of the code official is correct, the provisions do apply and die protection offered by their form of' construction is not equivalent. Under the appeal process guidelines this application should be denied. Mr. Vice-chairman asked if lliere was anymore questions Or comments from the applicant or from the city. Dave Alberson made a motion to approve the variance request to appeal the sections of die code pertaining to die windows. Farris Nabors seconded the motion, motion passed 5-0 in favor with Mark Strickland and Tom Phillips absenting from voting. They were involved in the design of the project. Fact and FindiIlgs: Dave Pfeiffer stated lie approved die appeal because there was not anodier building close to the lot line. Dave Alberson stated it was a Historical building and he felt diere had not been any safety problems at the restaurant and the walkway should be built back exactly as the existing walkway. The Board requested the City Attorney to attend the next regular meeting Or schedule a special meeting to discuss die legal aspects of tlic Board, particular die find and findings conclusion for appeals. Vicc-chairnian asked if' anyone has any questions about die 2000 International Codes, at this time no one had any questions or comments about the review of die Code. Being there was no oaicr business at alis bine, a motion was made to adjourn. The meeting adjourned at 7:45 p.m. The next meeting of the Board of' Appeals is scheduled for May 14, 2001. CD ully Submitted, berson Secretary DRAFT �.I� CAPE GIRARDEAU CONVENTION & VISITORS BUREAU Advisory Board Minutes June 21, 2001 Convention & Visitors Bureau Members Present Tim Blattner Dennis "Doc" Cain Judith Anne Lang Joel Neikirk David Ross John Wyman Members Absent Kathie Brennan Steve Taylor, Chairman Staff Present Ex -Official member Terri Clark -Bauer, Director John Mehner Brenda Newbern, Group Sales Coordinator Chamber of Commerce, President Debbie Frank, Administrative Secretary Michael G. Miller, City Manager I. Call to Order Vice Chairman, Tim Blattner called the meeting to order. II. Approval of Minutes Mr. Neikirk made a motion to approve the May minutes. Mr. Cain seconded and the motion passed unanimously. III. Financial Report A. Income/Expense Report- Ms. Clark -Bauer commented that our fiscal year will come to an 00) end this month. The money that is not spent at the end of the fiscal year will go into a CVB reserve fund for emergency use in the future. The special projects line item does not reflect money committed to future projects. IV. Staff Reports A. Sales Report 1. Monthly Report- Ms. Newbern reported for the month of May forty-six files had been worked, thirteen have been closed, four are being serviced, fourteen are in development, and fifteen have arrive and departed. 2. Convention Calendar Updates- Ms. Newbern reported for the month of May the American Queen was unable to dock in Cape Girardeau because of the river stages. The Delta and Mississippi Queens will dock on July 3`d for the Steamboat Race. B. Director's Report -Ms. Clark -Bauer reported that Mr. Max Kurre Prill will be the new CVB Advisory Board member appointed by the City Council. The Lewis & Clark Committee will hold a public meeting on June 25, 2001, 7:00 p.m., at the River Heritage Museum. The site for the Little Red House will be located across from Old St. Vincent Church. Services and construction supplies have been donated with construction beginning this fall. Ms. Clark -Bauer passed out a sample drawing of the Visitor Guide cover. Ms. Clark -Bauer went on to say that along with the Visitor Guide publication the CVB would print a restaurant brochure. The third piece will be a passport booklet, which will contain coupons and an area map of the two shopping areas. n DRAFT Board Minutes June 21, 2001 Page 2 Ms. Clark -Bauer passed out a letter from Southeast Missouri State University that announces "The Dr. Frank Nickell Regional History Scholarship Fund." The center for regional history at Southeast Missouri State University has recently established an endowed scholarship for history students with an expressed interest in the region of Southeast Missouri. If you would like to contribute please mail your donation to the university. Ms. Clark -Bauer went on to say that the Alton Riverboat Company will be docking in Cape Girardeau with a one hundred forty -nine -passenger vessel called Anastasia. On August I Ph & 12th they will be offering two hour day cruises on the Mississippi River. A dinner cruise will be offered on August 11th. Tentative dates that have been set are the City of Roses Music festival weekend, September 28th & 29'h, and October 20h, 27`h, 28th and 29`h. Mr. Wyman asked what the cost would be to the CVB? Ms. Clark -Bauer commented that she has committed to do local advertising for the first cruise date. Mr. Blattner asked, what the cost would be to the passengers? Ms. Clark -Bauer commented that the Company charges adults $22.00, $19.00 for seniors, $15.00 for children in other markets. Dinner cruises are $39.95. The CVB will work with the Riverboat Company to confirm pricing and make the announcement at a later date. Ms. Clark -Bauer commented that the Missouri Division of Tourism Civil War Heritage committee will be meeting at the Port Cape Girardeau restaurant on June 20th. The meeting will start at 1:00, with a tour for the committee members of the civil sites starting at 3:00 p.m. V. Chamber of Commerce Report- No report was given. VI. Old Business A. H.O.G. Report- The next committee meeting will be in August. The Friday night party will be held at the Southeast Missouri State Fairgrounds. B. Radio Loop Update- Mr. Baker with ISS is waiting for the engineers report. C. Fireworks Update- The CVB has received two thousand eight hundred and fifty dollars in sponsorship money at this time. Twelve thousand four hundred fifty dollars has been committed. The fireworks contract has been signed with J & M Displays for an amount of fifteen thousand dollars. Mr. Cain asked, at what time would the city close the streets? Ms. Clark -Bauer commented that it should not be before 6 p.m. VII. New Business A. Show -Me Center History- Mr. Neikirk asked, what type of role and involvement does the City have with the Show -Me Center? Mr. Ross commented that the residents of the city passed a referendum in 1983. Mr. Ross went on to say that the City does not contribute money to the universities budget, but in turn the Show -Me Center is open to the public. There are six board members, three from the city including the City Manager, along with three members from the university Board of Regents. DRAFT n Board Minutes June 21, 2001 Page 3 Mr. Neikirk asked, if there are any parameters set-up such as pricing, and rent on the facilities? Mr. Ross commented there is a rate structure in place, and it is the director's job to help find ways to accommodate and agree upon a fair price. Mr. Blattner asked, if it would be feasible to put a CVB board member on the university board? Ms. Clark -Bauer commented that a board member could only serve on one advisory board. VIII. Other Business Mr. Blattner asked about the progress of filing the Sales and Marketing position. Ms. Clark -Bauer responded that the position should be filled within six weeks. Mr. Neikirk commented that he attended an awards dinner in St. Louis, and was introduced to a program called "Positively Outrageous" Hospitality Heroes. Visitors are encouraged to fill out Hospitality Hero nomination cards when they encounter a service employee who gives them exceptional service during their St. Louis visit. Monthly winners are awarded a prize package. At the conclusion of the award year, the judges again review each monthly winner, and select one that is given the title Hospitality Hero of the Year. Ms. Clark -Bauer commented that in the near future she would be putting together a similar program. IX. Neat Meeting — Thursday, July 19, 2001-4:00 p.m. X. Adjournment Ms. Lang made a motion to adjourn the meeting. Mr. Neikirk seconded the motion. Minutes prepared by: Debbie Frank Minutes approved by: Judith Anne Lang CVB Advisory Board Secretary n (DRAFT) CAPE GIRARDEAU PARKS AND RECREATION DEPARTMENT JAYCEE MUNICIPAL GOLF COURSE ADVISORY BOARD MEETING JULY 26, 2001 The Cape Girardeau Municipal Golf Course Advisory Board met at the Osage Community Centre on Thursday, July 26, 2001 at 12 noon. Present: Mike Hopen, Chairman Ed Kaiser, Vice -Chairman Caryn Michel, Board Member Walt Wildman, Board Member Mike Leimer, Board Member Tom Higgins, Board Member James Banken, Board Member Tom Meyer, Board Member Absent: Jackie Ahrens, Secretary APPROVAL OF MINUTES Staff Present Dan Muser, Director of Parks & Recreation Randy Lueder, Golf Course Foreman Sabrina Tate, Recreation Coordinator/Pro Shop Marcia Stone, Executive Secretary Chairman Mike Hopen opened the meeting of the Golf Course Advisory Board requesting approval of the June 28, 2001 minutes. James Banken made a motion to approve the minutes with Mike Leimer's second. Motion passed. OLD BUSINESS A. Dress Code The staff presented the proposed dress code for the Jaycee Municipal Golf Course. The board made additional suggestions. Caryn Michel made a motion, seconded by Tom Meyer to accept the following dress code for the course: Golf Course players are prohibited from wearing the following style of clothing: cut-off shirts and shorts, tank tops, halter, tube tops and non -tee type undershirts. They are also prohibited from wearing hard -soled shoes including street shoe and cowboy boots. This policy is effective January 1, 2002. Persons violating this policy may be prohibited from playing the course. The motion was passed and will be posted immediately. NEW BUSINESS A. Divot Repair Box Randy Lueder presented a brochure on divot repair boxes. The members encouraged him to purchase the boxes. He will place them on all par 3 holes. B. #9 Hole Bridge Randy informed the members that the maintenance staff has removed the bridge on #9 and will proceed with replacement when the weather clears up. C. Park Development Foundation Men's and Women's Individual Tournament Sabrina announced that the Women's Individual Tournament was cancelled because of lack of entries, however the Men's Individual Tournament has 42 registered and will be played. GOLF COURSE ADVISORY BOARD JUNE 28, 2001 PAGE 2 D. Tee Time Deposit Sabrina also informed the members that due to some tee -time no shows she has implemented a policy to require a credit card number for three or more reserved tee times. REPORTS A. Policies and Procedures No Report. B. Planning and Development James Banken inquired on the new summer tee time hours opening at 6:00 a.m. Sabrina stated that 6:00 a.m. did not work out, but 6:30 a.m. seems to be going well with 50% of the early players being pass holders. C. Advertisement and Promotions No Report. D. Golf Course Improvement James Banken suggested that the maintenance crew give the fairway on the 19`h hole some type of contour when mowing, such as an hour glass shape. James will meet with Randy Lueder at the course on the improvement. OTHER BUSINESS Randy Lueder reported that the specification for the pond on #5 has been sent to City Hall to bid out. The process should take 3 to 4 weeks to award the contract. Most interested construction companies have stated that the job could be completed within 5 days. Sabrina Tate will contact the press on the improvements that will be made after the bid has been awarded. Walt Wildman suggested that an article on the history of the golf course and the Cape Jaycees would make a very interesting story linking in the upcoming Jaycee's 2 Man Scramble in August. Sabrina also announced that the Noon Optimist Glow Ball Tournament would be coming back to the Cape Jaycee Municipal Golf Course this year. Caryn Michel announced that the Ladies' Chip A -Way Tournament would be held on September 11`h• and their rainout scheduled for September 181h There being no further business the meeting was adjourned by Mike Leimer and seconded by James Banken. Motion passed. Respectfully submitted, Marcia Stone Executive Secretary June 14, 2001 To the Honorable Mayor and Council Of the City of Cape Girardeau, Missouri Gentlemen: The Planning and Zoning Commission met Wednesday, June 13, 2001. By majority vote, actual vote counted and in the file, we act and/or recommend as follows: 1. That the request of First Assembly of God Church of Cape Girardeau for a Special Use Permit for a church and recreation complex and day care and learning centers in the 3700 block of Old Hopper Road be continued to the June meeting. The vote on the motion to continue the request was 10 in favor and 0 in opposition. A letter of objection was also received on this development. 2. That the request of Paul E. Statler Trust and The Rebel Group, L.L.C. to rezone the southwest corner of the intersection of South Silver Springs Road 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 0 in opposition, with 1 abstention. There were two citizens present in opposition to this request, and a letter of support was received on this development. 3. That the request of James Franklin Coley and Eldon Gene Nattier to rezone 611 South Sprigg Street from R-3, Two -Family Residential District, to C-1, Local Commercial District, be recommended for approval. The vote on the motion to approve the request was 9 in favor and 0 in opposition, with 1 abstention. There were no citizens present in opposition to this request. 4. That the request of Darrel Brown, Marilyn Singleton, and Charleen Back for a Special Use Permit for a 100 -foot telecommunication flagpole and a 300 -foot f equipment building for Southwestern Bell Wireless in an M-1, Light Industrial District, be recommended for approval. The vote on the motion to approve the request was 10 in favor and 0 in opposition. There were no citizens present in opposition to this request. Honorable Mayor and Council Members June 14, 2001 Page 2 5. That the request of Rupert C. and Helen V. Meyer and Thomas L. and Helen M. Meyer and The Metropolitan Community Church of Southeast Missouri for a Special Use Permit for a church and church related work at 833 North Spanish Street in an R-2, Single Family Residential District, be recommended for approval. The vote on the motion to approve the request was 10 in favor and 0 in opposition. There were no citizens present in opposition to this development. 6. That the request of Cape Girardeau School District No. 63 to rezone 61 North Clark Avenue from R-4, Multiple Family Residential District, to M-1, Light Industrial District, be recommended for approval. The vote on the motion to approve the request was 9 in favor and 0 in opposition, with 1 abstention. 7. The Commission reviewed the proposed improvement plans for the widening of Siemers Drive. The vote on the motion to approve the plans was 9 in favor and 0 in opposition, with 1 abstention. The Commission received information gathered from various other cities regarding cellular communication towers and scheduled a special study session for June 21, 2001, to begin their review of this information. Respectfully submitted, U . Thomas J. Mogelmcki Secretary Present: Haubold, Buhs, Mogelnicki, Blank, Cox, Holshouser, Rademaker, Rediger, Smallwood, Westrich Absent: McKinney June 22, 2001 To the Honorable Mayor and Council Of the City of Cape Girardeau, Missouri Gentlemen: The Planning and Zoning Commission met in special session Thursday, June 21, 2001. The purpose of the meeting was to discuss the development of an ordinance to govern cellular communication towers. The Commission reviewed ordinances from other cities. Additional information was requested, and another special session will be scheduled to review that information. No formal action was taken on a proposed ordinance at this meeting. Re ectfully submitted, homas J. Mogelnicki Secretary Present: Haubold, Buhs, Mogelnicki, Blank, Holshouser, Rademaker, Rediger, Westrich Absent: Cox, McKinney, Smallwood July 12, 2001 DRAFT To the Honorable Mayor and Council Of the City of Cape Girardeau, Missouri Gentlemen: The Planning and Zoning Commission met Wednesday, July 11, 2001. By majority vote, actual vote counted and in the file, we act and/or recommend as follows: 1. That the request of First Assembly of God Church of Cape Girardeau for a Special Use Permit for a church and recreation complex and day care and learning centers in the 3700 block of Old Hopper Road be recommended for approval with the stipulations as follows: 1) permit limited to the church and day care only; 2) temporary entrance off of Old Hopper Road to be removed upon the opening of the church; 3) two (2) years to start construction. The vote on the motion to approve the request was 9 in favor and 0 in opposition. Three citizens spoke in opposition to this request, and petitions containing 112 signatures were submitted opposing the request. 2. That the request of Bo and Dianne Shantz to rezone the north side of Lexington Avenue, between Perryville Road and Steven Drive, from R-1, Single Family Residential District, to R-4, Multiple Family Residential District, be recommended for approval. The vote on the motion to approve the request was 8 in favor and 1 in opposition. There was one citizen present with questions concerning this request. 3. That the request of Midamerica Hotels Corporation to rezone part of Lot 35, Doctor's Park, from C-1, Local Commercial District, to C-2, General Commercial District, be tabled to the August meeting. The vote on the motion to table the request was 9 in favor and 0 in opposition. 4. That the request of Greater Missouri Builders, Inc. for a Special Use Permit for a drive-in restaurant which will be located in a 12 -foot by 28 -foot portable building in the 2100 block of William Street (Town Plaza parking lot) in a C-2, General Commercial District, be recommended for approval with the following stipulations: 1) the site plan will be made a part of the Special Use Permit, with the location Honorable Mayor and Council Members July 12, 2001 Page 2 of the facility being approved by the Planning ind Engineering Divisions at the time of construction; 2) the new and existing structures shall comply with the BOCA Building codes and all other City ordinances; 3) if the structure is removed, the foundation is to be removed and the parking lot restored to its original condition. The vote on the motion to approve the request was 9 in favor and 0 in opposition. There were no citizens present in opposition to this request. 5. That the request of Dane Evans to rezone 545 Asher Street from R-3, Two -Family Residential District, to C-3, Central Business District, be recommended for disapproval. (Referred by City Council on June 18, 2001.) The vote on the motion to approve the request was 0 in favor and 8 in opposition, with 1 abstention. There were no citizens present in opposition to this development. Respectfully submitted, Thomas J. Mogelnicki Secretary Present: Haubold, Buhs, Mogelnicki, Blank, Cox, McKinney, Rediger, Smallwood, Westrich Absent: Holshouser, Rademaker 0 CAPE GIRARDEAU PUBLIC LIBRARY BOARD OF TRUSTEES Regular Meeting: June 21, 2001 ATTENDANCE: The Cape Girardeau Public Library Board of Trustees met Thursday, June 21, 2001 at 7 a.m. in the Hirsch Community Room of the Library. Present: President Donna Maguire, Sam Blackwell, Esther Hartmann, Dee Loflin, Dianne Meyr. Absent: Sarah Nussbaum, Jill Smirl. Also present: Director Betty Martin, Phyllis Jackson, Paula Gresham-Bequette. MINUTES Upon a motion by Esther, seconded by Dianne, the May minutes were approved with the following amendment. In the Bylaws & Policies Committee report the following paragraph should have been included —"In regards to all exceptions, anyone who does not have proof of exception, but has proof of address and picture ID, may check out up to 5 items one time. However, the library will hold the issued library card until such proof is shown." BILLS The bills were presented for payment. Sam made the motion, seconded by Esther, that the bills be approved. Motion carried. President Donna Maguire was presented a plaque for serving as president for the 2000-01 year. PRESIDENT'S Board Members—Harold Hager and Jane Jackson are the two new board REPORT members their first meeting will be in July. Donna presented the names of the new officers the Nominating Committee had suggested for the 2001-02 year—Donna Maguire, President; Sam Blackwell, Vice -President; Diedre Loflin, Secretary; Sarah Nussbaum, Treasurer. Esther made the motion to accept the slate of officers as presented, seconded by Sam; motion carried. DIRECTOR'S LSTA Grants -44,500. approved for two computers --Genealogy and Teen REPORT Advisory. BETTY MARTIN Athlete & Entertainer Tax money was up about $400 from last year—amount received was $6,237.01. Funds must be used to purchase library materials— books, audio -tapes, books on tape, CD-Roms, videos and purchased computer software. The A&T tax money cannot replace funds already budgeted by the library for purchase of library materials. Each year, the amount paid to each library will be determined in part as a match to local collection expenditures. Also received the last State Aid payment for the year --$17,489.06 was the total amount received for the year. MPLD—Public Library Directors met June 7 & 8. State Auditor's Office reviewed how the maximum tax rates are calculated. Susan Singleton from rN Missouri Library Network Corp. talked about a statewide digitization project that is moving forward. Some of the LSTA funds this year will be used to help with this project. Secretary of State Matt Blunt spoke to the group about the just ended legislative session. State Aid went up from $.50 to $.55 per capita. Due to outcry by librarians, the A & E money which was zeroed out, was restored. Filtering bills did not make it into law—but anticipates they will return next session. Blunt said that the State feels obligated to help with the costs for filters that have been mandated by the Federal Gov't. State Librarian Sara Parker shared results of the Under Construction questions—top three concerns were Technology and Information Access, Staffing libraries and Funding Library Facilities. First Search/Show Me the World will be fully funded again next year. LSTA funding for next year— will not fund Basic Equipment Grants. A list of Competitive Grants and Statewide Projects were distributed to the Board. CIPA compliance—Children's Internet Protection Act—must have some kind of documentation that shows "undertaking action" to comply with the law. The Board approved the Internet Use Policy on 9/23/99. Out -of -District Study Session—Thursday, July 19 at 7 p.m. at the library. Invitations have been sent to three library directors, boards, mayors, councilmen, county commissioners, state reps and senator, and city manager. State Librarian Sara Parker and Carl Sandstedt will present and Kent Library Director Sarah Cron will moderate. Three directors will meet on Friday, July 6 to work on the agenda. Sam suggested that the library contact the Missourian and have news coverage. Project Impact grant monies are about to run out. With some of the remaining money the Committee has offered to help make the Library disaster proof—will put stronger support bars across the top of the adult shelves and increase number of bolts holding shelves together. ALA Conference Report—Attended many programs-CIPA Compliance, Opening General Session, E -Books, Marketing, etc. and looked at over 1,000 exhibits. Staff—Katherine Mayer has resigned effective June 26. Betty is reviewing and revising staff job descriptions and talking to each staff member about new evaluation process. MORENET—the library received a call from MORENET, the library's Internet service provider, that someone had sent a threatening e-mail from one of the public access terminals. Ref. Staff instituted a log -on and off system so staff can track who is using the terminals at what time. Law 2 enforcement could subpoena the records if need be. Paula explained to the Board the new policy that patrons must use in order to use the internet. Betty announced she would be on vacation June 25-30. ADULT SERVICES Adult Book Club -27 participants this summer. Poetry Coffee House will be PAULA Monday, June 25. The backlog of book and audio donations are being cataloged and shelved with the help of part-time staff members Barbara Campbell and Jeanne Pfefferkorn—Sherry Randol is training them. Paula reported on visiting the Beverly Health and Rehab. Center and gave book talks. The residents would like for her to visit monthly and made requests for the types of books they would like to have reviewed. Paula plans to give programs periodically that are based on the kind of material provided in BiFolkal Kits, which are commercially produced with materials specifically for older adults. The Ref. Staff is in the process of withdrawing all vinyl records from the collection—will try to replace some of the few that are still circulating. YOUTH Summer Reading Programs—A total of 1,223 participants as of June 15. SERVICES (2001 Places to Go: 697 participating on site, 430 through 3 outreach SHARON programs; Book Your Summer -96 participating on site.) The YS Dept. offers the following weekly programs in conjunction with the Summer Reading Programs: 4 public story times, 3 day care story times, 2 storytelling workshops, 2 craft sessions, Fantastic Friday, 1 teen program. Misti and Sharon are taking the summer reading program to the following outreach sites: Franklin Summer School, Civic Center, and Family Resource Center. FRIEND'S Business Sponsorships—On a motion by Esther, seconded by Sam, the Board REPORT voted to give approval for Bs. Sponsorships (advertising, etc.). David Limbaugh Event: Sept. 27, 7-9. Jill is looking for a place to host reception. Charge is $50/ticket—will include an autographed copy of his book "Absolute Power." COMMITTEE Building & Grounds—Outdoor Reading Room—Betty sent letter to Dewey REPORTS Schade with preliminary budget costs—approximately $13,000. ADJOURNMENT On a motion by Esther, seconded by Dianne, meeting adjourned at 8:15 a.m. Phyllis Jackson, Recorder 3