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HomeMy WebLinkAboutCouncil.Agenda.08-20-2001.PacketCITY COUNCIL MEETING AGENDA 001 August 20, 2001 Cape Girardeau, Missouri CITY OF CAPE GIRARDEAU, MISSOURI 401 Independence Street City Council Agenda Monday, August 20, 2001 7:00 p.m. Invocation - Pastor William Burke, First Church of the Nazarene Pledge of Allegiance Call to Order Roll Call Council Meeting Minutes — August 6, 2001, Regular and Closed Sessions Adoption of the Agenda Appearances 1. Appearance by Frank Snider regarding "the Police Department regarding State law." W Action Letter No. 215 2. Appearances before the Council on items listed on the agenda 3. Appearances before the Council on items not listed on the agenda City Council 4. Communications to be presented by members of the City Council 5. Communications to be presented by the City Manager or City Staff Consent Ordinances 6. BILL NO. 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. Second and Third Readings. Letter No. 199 r) Action City Council Agenda Page 2 ugust 20, 2001 7. 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). Second and Third Readings. (If the ordinance is not approved, a motion will need to be made to adopt Findings and Conclusions denying the application). Letter No. 200 Action 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 day care center in the 3700 block of Old Hopper Road. Second and Third Readings. (If the ordinance is not approved, a motion will need to be made to adopt Findings and Conclusions denying the application). Letter No. 216 Action 9. 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. Second and Third Readings. Letter No. 202 Action 10. 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 II Project. Second and Third Readings. Letter No. 203 Action 11. 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. Second and Third Readings. Letter No. 204 Action 2. BILL NO. 2001-163, an Ordinance amending Chapter 5 of the City Code relating to possession or consumption of alcohol in public. Second and Third Readings. City Council Agenda Page 3 ugust 20, 2001 Action Letter No. 205 13. BILL NO. 2001-164, an Ordinance amending Section 19-9 of the City Code relating to personnel policies, appeals and due process procedure. Second and Third Readings. Letter No. 206 Action 14. 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. Second and Third Readings. Letter No. 207 Action 15. 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. Second and Third Readings. Letter No. 208 Action 16. 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 30th day of June, 2002. Second and Third Readings. Action Letter No. 209 New Ordinances 17. BILL NO. 2001-170, an Ordinance amending Section 15-16 of the city code relating to prohibiting selling or soliciting contributions on public streets, intersections or sidewalks. First Reading. Letter No. 217 Action City Council Agenda Page 4 August 20, 2001 18. BILL NO. 2001-172, an Ordinance approving the record plat of Sherwood Valley Subdivision. First Reading. Letter No. 218 Action 19. BILL NO. 2001-173, an Ordinance approving the record plat of Woodland Place Subdivision Number 10. First Reading. Letter No. 219 Action 20. BILL NO. 2001-177, an Ordinance approving the record plat of Universal Real Estate Inc., Townhouse No. 1 — Amended. First Reading. Letter No. 220 Action 21. BILL NO. 2001-175, an Ordinance levying a special assessment for Kent Drive from the existing pavement in Woodland Hills Subdivision to Lexington Avenue, and authorizing the issuance of special tax bills therefor. First Reading. (A motion is necessary authorizing the final payment to Lappe Cement Finishing, Inc., for the improvement of Kent Street from the existing pavement in Woodland Hills Estates to Lexington Avenue). Letter No. 221 Action 22. BILL NO. 2001-178, an Ordinance approving the delivery of $2,645,000 principal amount of Certificates of Participation (City of Cape Girardeau, Missouri, Airport Facilities Project), Series 2001A, and $150,000 principal amount of taxable certificates of participation, Series 2001B, for the purpose of providing funds to pay the costs of a project for Renaissance Aircraft LLC; authorizing and approving certain documents in connection with the delivery of the certificates; and authorizing certain other actions in connection with the delivery of the certificates. First Reading. Letter No. 222 Action City Council Agenda Page 5 ugust 20, 2001 Resolutions 23. BILL NO. 2001-166, a Resolution authorizing the City Manager to execute an Air Service Development Services Retainer Agreement with Kiehl Hendrickson Group at the Cape Girardeau Regional Airport. Reading and Passage. Letter No. 223 Action 24. BILL NO. 2001-169, 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. Letter No. 224 Action 25. BILL NO. 2001-171, a Resolution authorizing the City Manager to execute an agreement with Brotcke Well & Pump, Inc., for the Cape Rock Water Treatment Plant expansion and alluvial well field construction, well pumps procurement Phase I. Reading and Passage. Letter No. 225 Action 26. BILL NO. 2001-174, a Resolution authorizing the City Manager to execute Amendment No. 2A/ Authorization No. 10 to the Master Services Agreement with Burns & McDonnell Engineering Company, Inc., for design engineering, bid -phase, construction -phase, start-up and post - construction phase services at the Cape Rock Treatment Plant. Reading and Passage. Letter No. 226 Action 27. BILL NO. 2001-176, a Resolution establishing the maximum annual assessment policy for Transportation Trust Fund Projects for the calendar year 2001. Reading and Passage. Action ki Letter No. 227 City Council Agenda Page 6 ugust 20, 2001 Appointments 28. Appointment to the Board of Examiners. Letter No. 228 Action 29. Appointment to the Historic Preservation Commission. Letter No. 229 Action Liquor License 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, in the 000 block of Themis, Joe H. Anders, Managing Officer. Other 31. A motion authorizing the request of Old Town Cape to allow open liquor containers and consumption of alcohol on September 8, 2001, in a designated area in downtown Cape, with the area being restricted to Water and Main Streets from Broadway to Independence, and Themis Street from Spanish to Water Streets. Letter No. 230 Action 32. A motion accepting into the city's system the effluent from a sanitary sewer line to serve the new Cape Girardeau Public School Career Center (Vo Tech) on South Silver Springs Road. Letter No. 231 Action 33. A motion approving the improvement plans for the improvements in Woodland Place Subdivision No. 10. Letter No. 232 Action City Council Agenda Page 7 August 20, 2001 34. A motion accepting into the city's system an extension of the water distribution system to serve the McCulley Apartments at 431 Olive Street. Letter No. 233 Action 35. Discussion regarding compensation for City Council members. Action 36. Other business. 37. Adjournment of the City Council. Letter No. 234 ************ The City Council of the City of Cape Girardeau, Missouri, will hold a study session at City Hall, 401 Independence Street, on Monday, August 20, 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 purchase of real estate pursuant to RSMo. Section 610.021(2). W 1�1 [�Al Office of the City Manager Council Letter No. 215 Agenda: August 20, 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 letter and copies of a portion of the Revised States of Missouri received from Frank Snider III requesting to appear before the City Council "to discuss issues with the Police Department regarding State law." Mr. Snider will be at the Council meeting on Monday evening. r� Respectfully submitted, 4Michael G. Miller City Manager Ll� O"v�-�� % 141 (� /j) WL - 14: ,;i=, -_11' JE EHERI_,EI-A-) t'Iui'IT 3 61-�,4 'r`+t.b r . t1_, by th,c division of motor carries and r alrt-,ad safety of the. deparunert ofcx cononvc developttlea it. police or fire del amne.r)t, sheti93, constable or deputy shentf, f;deral law enforCeMent Officer authorized to C any fimm iris and :o )}lake a an. s for violations of the laves of the Uwwd States, 121, ffic officer or coroner or by a privately Owned em1,11,1 ncy vehicle c. many l3) A vdl,cle operated as tat arnbu!ance. or Operated con-merclauy for the ptapow of laws- poni113 emergrcncy lredical ",rtpplies or orgy s; ('A) any tfiicle ytmhir irig a-; an c-rnerfrnr vtehicle ptrnuart ro Semon J7.1?5, F<SIvIO; (4) Any vwcker. ur io\v track or it vehicle owmc, and operated by a j ublic utility or public service coITKImtion while perfonl7111l* emergency Service; (5) Any vehicle n:unsportil}g cquiplrient do si;,ned to ext'icale immin beings fermi .he wreck- age of a motor vcllxae; (6) Any vehiclee designated to perforn, emer- gency fitnctiors f'cr a civil defulse or emerge icy rnzrAagcrrecnt ;agency esubiishecl ju-Catallt to 11`e piovisions of chapter 44, RSMo: i7) Any vehicle openited by an authorized crnployee of ii.e rff.y)3Rlneilt o1'ecrrrci,nor.�. v. S10 ars part oftix- er:upin•+ee', officiz3l dut?i;,, is resl:�»ae)g a:, a riot, disturb mc..G. hostage mcidcnt, escape or other ct kzi sawition where then is the tine it of se.tioss physiUal ir: w -v err death, resporidLig to rn utual aid call frim zinodkct criminal jutstm: agency, or 111 ac_Qmptu;yang tv) ambulmwc a jatch is tr3nspottlug are oflcndec To a 1.11odica) facility; (F ) Any velvcle d4siertr-wx to perFomiha%°ard- otlr substance emergency fwrcliuns established pursuant t:; tr,e provi iorus of sections 260.500 to 260.550, RSlv1o. 4. ( l) Thee diver of any vehicle; referred to in subscpbori 3 of' duffs sec_irn shall not sowed the sircre tileNT11 Cr have the fmit red lights or blue light oncxcepi11,hznsuchvchic!eisrespondingto an ciruetgeri. -I, cal! cr when in py:u it of an actual ar sls:ptxted 1:w �icdator, or when responding to, but } t )n returning from, a fin, =i The driver of an e)nct, ency may: e) PaTk Or SIA)l: ir7FSj.tiV: Of tW JNLI 'IS1Orl3 of,,Lmlores 3()4,014 to 304.026; (b) Proceed parr a red of stop signal or stop s)9,TL but only alier dowing down as may be ri,:ccs- sarJ fbr safe cK-mti(,m (r l Exceed the r"ntnat lav„ie sp ed hirut co lone; as tf)e dri'.tr do w net enfarlgQ' life or property; (d) Disregard regululons govetni)ig direction of ir_ovetnerit or tt>!nirlg in specified direQtions; ne cxemptiotis herein paned to an emergency vehicle shall ap l only when the driver ofanv Such vehicle u� ur a m motion smutds audibie sipuai by heli, siren, or exhzmst vvliistic as May bc. reasonably rteeesszuy. ” When the velvcle. is equipped with st le<ast one ligi)tcd lamp displaying a red light or blue light visible wader ilearn7c:I atmo- spheric (:ondaions from a distance of five hundred fact to the fiont of'such VCIIIC'e. >, Nlopemon shall pwchase eatj emergency light as described to tl'us Secitor} uiL'uoli; f zlWling thw seller rf such light art affidavit suiting that. the. light will, be '.Led exclusively for eine) ,cncy vehicle ;)w.j.x)ses. 6. Violation ci' this section shall be deerne(' a Class C miSdCIIIc rtor it 1959 p. 67 j 1( r,RQ, Al.. ',9r? p, ar, .a.L, 1971 H :13_ML 1451 H.B. f Ar, ��.L. 1VftG S.E. 5,; rnaged with fl,l}. l9^_i, A.L. lav S.i9..'.Gi,.4.L. l'i9i 1I.B 4i`�, h,l„ l9rG H.R. IPi; mRj:,;dvnr!, it H 1A AL. 1997) I p. N41 09157) Veluale cvna t(tv ,suet yioid rj&m-cf-way ko m my..gcnry c :iilc intnw,diatelyif rt e,tlrr jtvtq auuiLIc ;iguil by acre,' es dilplayms me pres,-ribec red light Aolit4 " ✓v5110 i.4,). joi c39, Wli9) rvid.;rirc :riv»al wd held rot w ms ,bhsh i' a, _,vej it of ecu. tu:c✓ �e:facle w�; m,ai�,;rrrily �cEl;pr. n :t> a n rme: ur 19w. ,� llm:-� a. 1'cdrr C`Ao,). ;3 S.W,U 47:. 304.023,. f'sissingstopped streetcars,pet alty. .--1. An operator or diver Of motor , elncle shall stop w7e not less than eight feet frou, the rear of any streeu.-ar going ir} the ;arae dirc,^tian which has stopped for tic ptupa:•r of to i l'S un cn ciisthr+rgirlg passer) els, and shat renwai standing turtil �Wch car has taker: on or dischargLd sudr pa rsungets; pre vicled, however, said driver or trey pass such Cxr where a Satety zilne is c mablished by the proper audiooties, providing, llowcVer, that irl passing such streetcar the gwietor shaIl prcx,e'zd at a sped not faster thrid is reasonable and NMI' dues caution fir the saf%.ty of pedestr^wis unJer the c1rCU)Tw"UICCS &-en and there existing, Violation of dais section is a clt4s C raisde- Mea]lor. (l. )vsi r, Sg7 3t�.02U. r,d., 1996H B. H9 "I 304.024. C'russwaltcs and patidng regula- tions estahlishcd --signs ---violation, an infrac- tion. -- l llrc state highways raid tratuportation com^.ussion widt respect to hrgli ays under iv- jill, , ictia:i ,'lav erect or place signs tabiis'.)ing crossuvcrs or closswslks or piollibiting or resmct- ing the stopping, standing of pari irlg of vehIC)cs on Rev,lscd Statutes of Missouri 2000 a, f1Hr.— it:+ -20S:. 14: —:.Ei +1 H I E ' HER CoEtd� l NUI'I t y 301.019 NIt)TOR VEHICLES, %V TERCRAFT .,V`D AVIATION from a &rect cotirsic or mode ngh: ur I& tell a roadway tuilcas and witil such rllovement call be made \v rth rra >cn aabie s fef.}' and then only of ler ll[ c. g-ving of ;in appropriate sign! in die rrituirtel, provided haeirl (1) An operator t)r d-tve.r vvircn stapp ig, or when dwc;< mg the s,Td of the c pt rau)r t `: ehit le, if the mov[wrn<r.t of otter vetucic^s tri3v rrtvinably ne af% ,cted by such checkin,T of'sla:eci. shall emr,-iid such opemtoeb amt awn angle halon✓ hC) umiral so MW We same maybe seen u1 be rete of thy. vehicle; (�) ,`.n opc�rriror or dri vc'r intending tc� tiat7l dte ofwi,ator's vehicle to the non shall extend such OperJ.roes arm at art unf!le above horizcmtol so that the attic noy he �(xm in front of uid in die rear of die t eWde, <nd sl all slow dL),Vn and approach the. tr[c �c l;nL ;t�hSvpi, as new as poictiGtl'11c: tU the rip,Ii. side of't11ehghwayalonjg,i (,i(:hsvcliop`rator is pl;>sc JNg bt;tore harming; (;) :>t1 ofx Tato; or )riticr ira; ncling tr, t).vr; the rat ,r's rC'hicIc to (lie left shall extinct such oper,tim's wi-1, Ui a Llorizonttel po"3Rion s) trot d e s;une may be seen in the: = of the vehicln tinct sh h s5v dvmi and appmach dit;. Ui ese'cting,, l�.E` r1.1'ay so that $le left bide of die vehlcie sit ilf lei as Clear 3s practicable to Ch:' C.Yt4r ttriQ o Ulla }h,hhway along which the operatcv is proccv( irlL', oom aunr& tai 'lily yiLtxls lim-6i tvgii •gid ,hall Lcgi\en I.id,er by meta of to 17iA at mw or I a sigma lightorsir,rt<ll devise in good rritchwiical cor,clirion of a hyper approved by to slate hi,glnny paa'ol. hot+ie er. v'licti 1 ,'vhicle is 5:1 cc rist .medor Ioodcd that a hiyid and ;tnn signal would not be \'tstbie Nath to dte front grid rear of such vehicle than such sl;,nlals shall be giveti by such light or device A vee de shall be considtfed as so constniciud or load+:d [h.:u a hand and art-) .sigma_ WI)Ldd not be v.sible but to the front and rdw iOwn the disuzce Ron die center of the top of the sten: ring post to the: left 051 de limit of the boci}', ,:.tb or load exct et- twennAbttr uiches, or when the itistatrce fi•orn the Cznte:'tit oo top of the steetIT Inv to the re3u 1MA or be body or load dier'eon cxce,c(+s fail -Feu feet, u'P�Ic':r Unlit ot, f6w1e..'r) feet shall apply. to Kiri; e Fehiicle or I:Ornbuir.ttolLs of YC.rll:l;:y. Tw Pixty- "Orts of to mibd "Q"n shai; rlot apply to any trai'.ef wl'.ich docs not in:r:dere wide aclear viet4' of the hcuid sigrlal5 of the operamr or of tf:c: si_: wl, dcvioc upon the vellink pwkg ;rich trXier pro,. vith:tJ f rt"tlet tht.t die provisions of :his section as tal as alcCharllca! ,-tev;ces on 1'{;.at:'ti'ti Vie% t;;irl. X191; smutted drat a h rid and ann signal WW.',d not by visible both to the front and rcarof such vehicl,�.i above pl-ovide'd StLill only by; apphcxbie to pe, veli clts irgiste;red withai Ud! sratc` after th(! funJi day of j:uluary, 1951. 2 Vi0xion of this section Shall l••e deemed a class C ,nisde:ne:vor, IL 1951 � ' )(14010.,tL I:9GH 1)47) I i •),`t "e pla;i6t)`:ainlit'. %Aly 1-1 Ilii p. :t s_I itlpJi sups xd eUxr c�•uirrrt ues. «� chr. rYrLx•r A91 ut d :,.��tc :u.;p si�•Ji „-�• torn. yil Kaon or eoneibutnq -le litxnet iu Ahrg w gbM •crlq hx1;Y, ::cn Llmuth :u w,u eiwm,,J >Igynlmt. dQwv.. %V,ire , Rohrer ;R1o.1. 267 S V,'.'a, 31. i i 9i;yl t:clJtt dIc i irun,Yl::nrr.+ I dd,e est.:.hrthc^ Jcliaw;ni r:s.,*,ddPi or nrg:.L,Ctlrc :J': y a, W inW;w ro nu•, lift: W nn" ,,:t, uu:`S.or. Gr: ),.r.. llgcufn;: ,-. Qtnnn (Nto.,- _'• I5 S..r 211 1'Mo jc,ll Slcn lr;tcr j„Ctw..:y, 1� 3,,``u< WMlul'o:trnd:r.w::4ylr,• ❑,�y;: �ri,u,i,btdr on:.;.;u;r ,r.,;lielc cau!c,«d oR'or'It•cbril:e. k ¢CI 11y10ut ai g11c iLD)J wpcul. i'i6 mwn ' F:gles (;•r10.), ;I. ,'A, -r J',:. +1961) �tcwi 1( 1100 :, .w; dclilt.! I,) Got:. whox dICK• i;: ;1 nddal rhtx'Lirg ai ,le•_J uw '!1c k¢r c „I'.hnlp(n¢:r .could :u, r u W;Kkd Lh,,U11Iy:.G1<+r.11 n,11•:r I -I 11;,JTl.-,I, ctt+h;j AI ', I U1 i:+;�Ic,.<11 r;11.1v'i,p; a ,ifc. LJllc,1) I kV, it1."aV t i-'7 S.''IV ".., Ildiru: A ni,lorm ,:•Ill inr:nd,> to «oil ::11 nc1) ra,1 :. ,ux 6-a aha vch;clel .rill no; hK oa Iho hit;l,�ny in I•Ir,;a roc oru:`x c.i QIc n��J and t -o' tttid arvux, r,,.;1::r iS.,,; rm;unu ,nqi ,;+cF d,)x NVN� n -,it; cl.n a c.i tun can:ul Lx rule wbn n,.,+ sic apprvprtlka ;161-1i ui ua::n1 1p a,rn lll`.. ��C►1.0Z2. Enwilency vehicle. denned — tms of and yireras --- right -of way petaaity, -.- i . Upon he approach of an tn�,r- ,lacv vchi N giving t'.t1dNC si,,na1 by siren p:' "NO h:?vtt g w Inn one; liond Wu p C..C1Ubit110 ed !dit I, kibly under nor..7i;ll surto phcne condi ban gram a clAur::e of lint; Iiimdred feet i:o )'tic Dan dmic'1 vchicly or a flashing ')lue I tht wA0- rived by section 3f1;.175, hS '10, be driver of eye,, 0wehicleshall plaw the rig t•rf , aand shrtil 111iinediate ly dr'ive ro a position p:uiallei to, rind a,, f:.ir:l; p,)saibJs tc+ we nght of; the t,-, veled Fxortion of the I-Lghnvay and the upotl step and r wMri in qtch podkn turd sucl. crrt.,rgttiuy velwle hits ;:WWCL e.xCert ivhcu .;)t! Ien1 i£•F iLrectcd by a fv.>lice or trif}lc offi,:cr. 2. ilie m3con-nan of;vcry stl'ectcm shah imme- dn(ely stop sach car cicltr of any intersection and keep it m.such Posttion witil the en:ergatey ti i '71r -1e h,:c; pay cd; excel)( as otl�etwisc di) acted `>y a pk�lice or uratic ofr,'rxr. 3, An "cniergene vctucie" is a veh:cic vi r.n� of A lotto•,+ ir1,g QP0. (1) A •-ehicld optw<tt;rtl by :h: state highway patrol, the st_,:e v\alCr p:ttrvl ur a state 1 -)ark ringtrr, t11usL: cch.c•'c.tit,.:ra�U by clit'.�r;;crnc;lt pctsunn�t Revised Statutes) of Missouri 2000 5-kl 0 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. 0 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. Michael G. Miller City Manager 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 r_o the left ha-;inc a radius of 555.0 feet, a distance of 17.11 feet (,.hord ,ears South 85 degrees 34' East, 17.11 feet); thence Soutr, 86 degrees 27' East, along said right- "f ight"f way, 17 . 5 few t ; '_hence on a cur'✓, _o fl -r, left hav+na a radius of 20.00 feet, a distance of 31.04 feet (chord �+✓ bears North 49 degrees 05' East, 28.02 feet); thence r.e.:ce ^ cI S3 degrees *L c, sa 1L-_cr, ne tier'_ 1. ..- Sc._�_; 2 .Cgr eeS; ._ _,_ _ i ee t�7enCe SCUtl7 1 2.2 C P - Lv _ ARTICLE 2. aec,1 a' es nat open descr-bed _ _e�f __. a` he present ,- rL c z- _tah `� _-- ti-osea—� zses ns of P-_, Multir� �trrcr1zed -: re !DY - easona�_e and _�. �e«., �_. .. _ __-- .�__ :� �_� �_t�e exis����a uses and a�ue c` the �-o e�,.ies. ARTICLE 3. This arc-- be _ rl� once and effect days after- p sq<, _ ;- - ✓a�- . T��- - L.. 1;1 I i 1 3 i l 7 T 7-- - _ _.as< r R,Pert Y DR `EiL �\ r usAI j 1 S � m (11,I)DII^ �SiER pe s / -IE -IEW�OD Rc ° - 3A 3 aeexr RAy_rf yo fC�= : BR&Kvr)c>o i � s' IFA lo, A, - <RROMI�LK. (\ (OI.V 6 G= NEM IN - BR(C TrprLh:C lcF BPEe-FNR,w _ R'r 3 i "'E, ;� �o-� ae. ,. Y+arErr "crs ., Dz<h„ w • SV QVF V c p Si G. < S� YAPYw Si �P % .' /C AMAN , MA yry_\� S' A4M1'11 Pn[AS-T •0a S• LAPD " ` y .wy�L _ - F F I XOT - - `.A COY. 5 YE+ AF c OO .E e i r � � Sr 6pDE AUV 4 9 � > i - SS Ri'iCR PCf < CP ­DLA Sr APE aE,r�-"�.. AUr«rr., ePowMA+ 1� PK/I rYecwr . i /V; M4LNbJi i�r,7r 9 Y' � j \ G !w sr Y luq a s r h1 r rHP ta k(KNGf R;� sr g sr �X Sr � r w.F•7-I f C 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: (9) 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 641r" -W //r I I S retary Rezoning 19 CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For •' Special Use Permit ❑ Dile No. /pp(Q Address of Property AJE Corner Le� �ncion �V 6 {�erruuille 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 PJ er/Development Services Coordinator G l//la Date .................. a ............................ ■ ............ 0 ................ ■ I 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: WA City Attorney Date ...........................................................................� 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 City of Cape Girardeau, Missouri Application For Rezoning -X❑ OR Special Use Permit - ❑ X9;1,. f;Use,Q ,Iy Date Received in Planning Services Office: (v - 8 -OI By: SECTION A 1. Description of the project: REZONING FROM R1 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: R4 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 t 9. 1 STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): Name Date Name Date SECTION B 1. Legal description of tract: Please attach a copy of the latest deed to the property. WA SECTION B 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 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 bears North 49 degrees 05' Fast, 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 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 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 List names and addresses of ALL adjoining landowners. Include land which corners on tract or which is across streets or alleys. _ 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 prold We 941 —rj Kyr,--s P n 1 2 n 4 C �.�1 e� -e a /Richard & Annette Trout 1980 Briarwood Cape Girardeau :/Sharon Hoeller 1976 Briarwood Cape Girardeau /Scott & Lena Stovall 1972 Briarwood Cape Girardeau ✓ 2009 Perryville Cape Girardeau Mo 5z fsw w. L 46. . .1 - R I V F 77777, i AW itt;k I NW i, , IT nT pil n k-1 W Page 4 2. With this application, the application must deliver to the Planning Services Division a stamped, plain business envelope addressed to each of the individuals listed in Section C, No. 1, of this application. SECTION D State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. 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, 199$ & 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. J n Page 5 SECTION E State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. I 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. Rcviscd I03ro0 r L Qi L- 0 0 a x w L Q Cl) � w (> x U) O m E C_ (6 C C O p� (U C Q O U) N O O CO O' w Em E C_ > N 0 C C C M (D O O O Q (n Q N N N o O 1f 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 Plarung 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 Planking 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. Res y Submitted, Zent M. Bratton X44 ' Michael G. M // City Manager Sec. 30-39. Speclal use ragulatioas. u,kth•c t se ss (a) Subject to the provision. of this section, the city council may by ordinance on its own motion or on application grant a .pedal use permit for the special uses enumerated in this section in any districts as herein qualff cl from which the uses arc 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 slec,fied period of time for the permit. a hmitatu,u of the persons who may carry out such use, and li tattoos upon to mq.0 menti for the size o, design ofb.ild,.g, and other improvements upon the property, all for the purpose of protecting the comprehensive plan and conserving and protecting property and prop- erty v.lues in the neighborhood (b) Applications for special use permits shall be made and processed in the same m provided in section 30-5 relating to application, for district changes. I too structures shall IM e acted d ,n , ,y portion of tl hcrlut exc, pt :e pra.i(d far ander item g herenr d Nn signs shall to sniffed on pile pa,f. in,,arca crept as approved by the racy slums, 1. Parking areas shall be used for park- ing patrons, private passenger veh, - des only, and no charge shall be mad, for parking within such premises f The parking shall be set back m o„ formity with the established or , quired yards for residential us where a parking area adjoins a dwell- ing use, it shall have a minimum side yard of ten (10) feet g The parking arc. shall Lc suites Ll. rad or fl- navi� paved and draenc•I, lighted and maintained free of d.1— (21) / C" d st t n 'It" d'strir. (22) All ses for req ui rd by n) r .. t n, f tl .. r h•I'. tions (23) Buildings in crus of th, height and star. r quirements set forth in section 30-3f for 'R-4" and 'C-2' districts, provided side yard, .cad in width one (1) font for rad. p,ottof bright that the building exceeds tLe height rcgulaGons of 0", district in which a is i_ted up to. height of seventy-five f7S) f(ct .rad thc,caltcr n e rc s,de yards shall Lc required forahoy height excess of seven ty five (75) feet 041 Any 'C. district I- lin a or, rest—l— 'C ' district f.,ll loved only tr 'R3" "P. 4" and -. L Onlysn sc ci buns, hand,capp,d or d,ssblodindividuals would be firm; ted to rent, purchase or inhabit umts allowed under this chapter c A perm.nent in. prominently alis played, e. must be placed on thbudding dc..ly I.Wi.g the .L --re as «nu,r ri t,zen huu.ing, and also there upon it, card un.....m,nhbc establish ing )1�.. sttvrtu,e a•. .orator ret ir(n hour. h,f- ( ", IOson oil (27) 'file manufacture n( cum h(rchal <roknhg and catering equipment in "C 3" districts (28) Recycling in 'C 2; 'C-3; "M-1"o'M 2" districts, including salvage, processing and storage of payor and, - products; alu - and other metal containers. cloth clothing and rags, plastics and rub Ler products, lumber or wood products, and Cl... Pro.idd, however, that all process- ing, treatment and handling of the alove- dcscrilxd materials, other than loading and ural„.ding from t,ansport --Mels., shall La upside of abuilding and all storage of such a.o'als Shan bo ei Oha, inside of a build ing or in closed transport trailers, in socl, a o.i3 a res, .1. r tl .,, ar y prof, hag of such,natenaL. shall not aeon nc, r kcal til ha res rd by virtue nC cis odor, cmiss con, discharge or Lyprod—L li,ading and unload mg of materials from era nsMrt vchides shall be completed and the transport vchides removed from the pemi ., within twenty -tour 124) hours of th, , eipt of a tranifort vclucle on the f!x�luxi«hs ., Nn sfocial us, frrmit .,t all Lc squired under this section for any {�:rsnn, c,,,n ponv2y or firm rngagd to recycling ar dy f 2 products whirl art n f t d or sold on the pe _lyra sad -yd,,, ,s donem 1.1"o -,of the principal of,rat,on of that I,u s, less L No special u., permit will be required under the provisions of this section for ny,boe activity conduced by no - proft organizations for period- not erxh seeding tlorty (30) day. ,n -ray calen d., year (d) Special uses (1) Public or private landing Geld, I:u,d uy strip, helicopter landing pad, heliport o other landing area for all forms of aircraft, auto race track and drag stnp (2) Amus merit park, but not wilt th-, hundred (300) feet of any 'R' district (3) Any general pubhe building erectd or us(d by any department of the city or county government, orschool district Also, oL feces, warehouses, and other support build Ings for local units of government uhd s b state agencies, unless th,—,,, to sated within a zoning district which would allow a commercial or institutional facihty of the same nature as a use -by -right (4) Cemetery, erem el.onum or mats dlc n Ch1 Church or other place of worship, or Sum day school, in 'R-1,” 'R-2; or'R 3" residcm tial districts. (6) Circus or carnival grounds, but not within three hundred (300) feet of any "R" distract (7) Commercial, recreational, or mus ant development for temporary or seasonal pe rinds. (HI laese,�dl (9) Institution, college, ar hospital provided that any hospital or institution permitted 1955 A spa rillp, sh . dl 1,nqu'rtd uUdcr this section f- . anency of any State, r ty o „aa t Inca) gnvernmcnt unit (mr raga , recyding activity for its mtern:,l T ration purposes only and not Lir resale to the public for profit. (29) Residential or outpatient facilities for the trea intent of alcohol or other drug abuse fornot eroding twenty 120) px• son.. in "R 4'. districts, or for more it ewenlp 11 01 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 c deuce that he has provided written nou fist o t of the proposed placement of th�� facility to the owner or Owners of property locatd wi.thin one hundred eighty.fiwe (]A51 feet of tete twundanes of the prop- ony o which file treatment faoft, is to ha located. Further the erten., app e n - ,n of the treatment facility ih.tll sulably conform to file extent, appear aneeofothcr buildings m t the miry and a treatment facility shall not he located closer than three hundred seventy (370) feet to any other substance abase facdily i:f01 Suhglcordouble-wide, manufactured home or manufactured business units for ofhcc purposes only in 'M-2' heavy industrial distracts 1.11, Family day care homes for the o c than a x (5) ch"" ihild ren bu[ noun, , than ten (10) children in a residential 111- �3, is u son gambhug lues or no -11111: r n hl ng fanhly ,n any "C ,r M" d ,tri,,. , come, nation therm!. wall lL, �olh rig pr ,v, mons a Acre —y uses directly "Irl", on ,ated. ,std or bilked with the eon of an excursion gambling Hat or floating facility shall be mclud.d with, and made • partof, any .penal x permit ,.sued therefor and shall alv, 1,within a 'C" or 'M" dhxtnct. .r rnmr„nae.,n th""( any 'R' district shall be located on a site of not less than five (5) acres, shall not occupy more than forty (40) percent of the total lot area, and shall be set back from all yard lines at least two (2) feet for each f t of building height. (10) Marina or dock. (11) Nursing home in 'R' districts. (12) Office budding of a civic, rehfjous or char ,table organ zalion, conducting actn,tu•�. pnmanly by mail and not handling n.,. chand,,c ar rendering services on the pian, tscs, but only witfun the 'RA' d,stnct (13) Privately operated community building or recreation field. (14) Public utilities t15) Riding stable (16) R.ch. or television broadcaetmg I— station (17) Residential uses as provided fur in scrtions 30-28 (C-1 Districts) and 3033 (M-1 Di, mets) (16) Travel trailer camp, in the "G2,' "C 3` and 'M' districts. No travel trailer may be used for any residential purpose either tran - . ently or permanently unless located in a trailer camp or mobile home park. (L) The extraction of sand, gravel, and other res materials requiring the removal of an erburdcn above the deposit, provided, however, any bulk storage of extracted ma tonal or overburden and any processing or extraction machinery or the open face e. 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 wiillul three hundred (300) feet from the boundar, of any 'C' or 'M” district, provided the following standards are met a. Ingress and egress to such lot shall b, from a street directly serving nils cam mercial, business or industrial district b. No business involving the repair o service of vehicles, or sale, or display thereof shall be conducted from or upon such parking areas. a..ro Ho tr IWf. ,,.. . i. 1957 Acr - .: t 1 rah facihty shall include the followhn I Pu'at support facihtie:. 2 1Lxking or ma,rang faah1, 3 Employs ce support flu,ht,. 4 Groundtransportation face'. cs ., I'asscngcr eckcth nl� an,_ ,� .. nn fadhties 6 Parking facilities , Sects ,y faeihtios t; Signs, uld.ding those attach.• to a building or other strudm aoat or nesting facihty, otherwise placed on the pr nstituting a gambling boat or flating ih site ()((street park,nE Oil t -t {.�:• inn and loading f t I pr vtdd as spec f ed m , stun 3 h of this chapter, except that the , quirement for off-street parking i an on gambling boat or 11,, ;rage facil lt). and its a sort' u. shall be one and one half(14a1 spa\ for every two (2) passengers, ba, on maximum occupancy. plus one space per employee on the maxim �:: shift. In addition, fulhsixe It -pa,. ing spaces shall be provided .s , quired by pile plarmm, and comm,sson and dty coundl Sit,. development plan In apply,: Gtr a special use permit card" 0 .action, the devcloper(s) shall nut a formal site plan wh ch includesbut is not , „c dy hrmted w the following I Maps and other 9-i'll cs eating nils lwundanci of t dcwclopment and all nropr_rta to be rad uded, i cheat': whetherr such properties a owned. Ieaaed. optioned, or p' ,,id for such (1) The city council shall determine whether such building or use will: a Substantially inc—a- traffic haz- ards or congestion. b Substantially increase fire hazards I . Adversely affect the character of the neighborhood; or in respect to s)x- cial use permits for dwelling pus poses where required, be adversely affected by the character of the neighborhood. d Adre... 1, affect the general welfare of the communih. , Owcrtax public utilities i if i.. em.ni Flo, the empr(he�h.�,e city plan (2) if the coucil'a -gat- fading gatw as to all the subjnects referred to in this subsection Ib 1, the application in- be granted, if of frmative as to any subject, then such pc mit shall be denied. (c) Any proposed special cast shall otherwise amply with all the regulations set forth in this chapter for the district in which such use located, except that tete city council may permit hospitals and institutions to exceed the height limitations of such district I too structures shall IM e acted d ,n , ,y portion of tl hcrlut exc, pt :e pra.i(d far ander item g herenr d Nn signs shall to sniffed on pile pa,f. in,,arca crept as approved by the racy slums, 1. Parking areas shall be used for park- ing patrons, private passenger veh, - des only, and no charge shall be mad, for parking within such premises f The parking shall be set back m o„ formity with the established or , quired yards for residential us where a parking area adjoins a dwell- ing use, it shall have a minimum side yard of ten (10) feet g The parking arc. shall Lc suites Ll. rad or fl- navi� paved and draenc•I, lighted and maintained free of d.1— (21) / C" d st t n 'It" d'strir. (22) All ses for req ui rd by n) r .. t n, f tl .. r h•I'. tions (23) Buildings in crus of th, height and star. r quirements set forth in section 30-3f for 'R-4" and 'C-2' districts, provided side yard, .cad in width one (1) font for rad. p,ottof bright that the building exceeds tLe height rcgulaGons of 0", district in which a is i_ted up to. height of seventy-five f7S) f(ct .rad thc,caltcr n e rc s,de yards shall Lc required forahoy height excess of seven ty five (75) feet 041 Any 'C. district I- lin a or, rest—l— 'C ' district f.,ll loved only tr 'R3" "P. 4" and -. L Onlysn sc ci buns, hand,capp,d or d,ssblodindividuals would be firm; ted to rent, purchase or inhabit umts allowed under this chapter c A perm.nent in. prominently alis played, e. must be placed on thbudding dc..ly I.Wi.g the .L --re as «nu,r ri t,zen huu.ing, and also there upon it, card un.....m,nhbc establish ing )1�.. sttvrtu,e a•. .orator ret ir(n hour. h,f- ( ", IOson oil (27) 'file manufacture n( cum h(rchal <roknhg and catering equipment in "C 3" districts (28) Recycling in 'C 2; 'C-3; "M-1"o'M 2" districts, including salvage, processing and storage of payor and, - products; alu - and other metal containers. cloth clothing and rags, plastics and rub Ler products, lumber or wood products, and Cl... Pro.idd, however, that all process- ing, treatment and handling of the alove- dcscrilxd materials, other than loading and ural„.ding from t,ansport --Mels., shall La upside of abuilding and all storage of such a.o'als Shan bo ei Oha, inside of a build ing or in closed transport trailers, in socl, a o.i3 a res, .1. r tl .,, ar y prof, hag of such,natenaL. shall not aeon nc, r kcal til ha res rd by virtue nC cis odor, cmiss con, discharge or Lyprod—L li,ading and unload mg of materials from era nsMrt vchides shall be completed and the transport vchides removed from the pemi ., within twenty -tour 124) hours of th, , eipt of a tranifort vclucle on the f!x�luxi«hs ., Nn sfocial us, frrmit .,t all Lc squired under this section for any {�:rsnn, c,,,n ponv2y or firm rngagd to recycling ar dy f 2 products whirl art n f t d or sold on the pe _lyra sad -yd,,, ,s donem 1.1"o -,of the principal of,rat,on of that I,u s, less L No special u., permit will be required under the provisions of this section for ny,boe activity conduced by no - proft organizations for period- not erxh seeding tlorty (30) day. ,n -ray calen d., year (d) Special uses (1) Public or private landing Geld, I:u,d uy strip, helicopter landing pad, heliport o other landing area for all forms of aircraft, auto race track and drag stnp (2) Amus merit park, but not wilt th-, hundred (300) feet of any 'R' district (3) Any general pubhe building erectd or us(d by any department of the city or county government, orschool district Also, oL feces, warehouses, and other support build Ings for local units of government uhd s b state agencies, unless th,—,,, to sated within a zoning district which would allow a commercial or institutional facihty of the same nature as a use -by -right (4) Cemetery, erem el.onum or mats dlc n Ch1 Church or other place of worship, or Sum day school, in 'R-1,” 'R-2; or'R 3" residcm tial districts. (6) Circus or carnival grounds, but not within three hundred (300) feet of any "R" distract (7) Commercial, recreational, or mus ant development for temporary or seasonal pe rinds. (HI laese,�dl (9) Institution, college, ar hospital provided that any hospital or institution permitted 1955 A spa rillp, sh . dl 1,nqu'rtd uUdcr this section f- . anency of any State, r ty o „aa t Inca) gnvernmcnt unit (mr raga , recyding activity for its mtern:,l T ration purposes only and not Lir resale to the public for profit. (29) Residential or outpatient facilities for the trea intent of alcohol or other drug abuse fornot eroding twenty 120) px• son.. in "R 4'. districts, or for more it ewenlp 11 01 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 c deuce that he has provided written nou fist o t of the proposed placement of th�� facility to the owner or Owners of property locatd wi.thin one hundred eighty.fiwe (]A51 feet of tete twundanes of the prop- ony o which file treatment faoft, is to ha located. Further the erten., app e n - ,n of the treatment facility ih.tll sulably conform to file extent, appear aneeofothcr buildings m t the miry and a treatment facility shall not he located closer than three hundred seventy (370) feet to any other substance abase facdily i:f01 Suhglcordouble-wide, manufactured home or manufactured business units for ofhcc purposes only in 'M-2' heavy industrial distracts 1.11, Family day care homes for the o c than a x (5) ch"" ihild ren bu[ noun, , than ten (10) children in a residential 111- �3, is u son gambhug lues or no -11111: r n hl ng fanhly ,n any "C ,r M" d ,tri,,. , come, nation therm!. wall lL, �olh rig pr ,v, mons a Acre —y uses directly "Irl", on ,ated. ,std or bilked with the eon of an excursion gambling Hat or floating facility shall be mclud.d with, and made • partof, any .penal x permit ,.sued therefor and shall alv, 1,within a 'C" or 'M" dhxtnct. .r rnmr„nae.,n th""( any 'R' district shall be located on a site of not less than five (5) acres, shall not occupy more than forty (40) percent of the total lot area, and shall be set back from all yard lines at least two (2) feet for each f t of building height. (10) Marina or dock. (11) Nursing home in 'R' districts. (12) Office budding of a civic, rehfjous or char ,table organ zalion, conducting actn,tu•�. pnmanly by mail and not handling n.,. chand,,c ar rendering services on the pian, tscs, but only witfun the 'RA' d,stnct (13) Privately operated community building or recreation field. (14) Public utilities t15) Riding stable (16) R.ch. or television broadcaetmg I— station (17) Residential uses as provided fur in scrtions 30-28 (C-1 Districts) and 3033 (M-1 Di, mets) (16) Travel trailer camp, in the "G2,' "C 3` and 'M' districts. No travel trailer may be used for any residential purpose either tran - . ently or permanently unless located in a trailer camp or mobile home park. (L) The extraction of sand, gravel, and other res materials requiring the removal of an erburdcn above the deposit, provided, however, any bulk storage of extracted ma tonal or overburden and any processing or extraction machinery or the open face e. 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 wiillul three hundred (300) feet from the boundar, of any 'C' or 'M” district, provided the following standards are met a. Ingress and egress to such lot shall b, from a street directly serving nils cam mercial, business or industrial district b. No business involving the repair o service of vehicles, or sale, or display thereof shall be conducted from or upon such parking areas. a..ro Ho tr IWf. ,,.. . i. 1957 Acr - .: t 1 rah facihty shall include the followhn I Pu'at support facihtie:. 2 1Lxking or ma,rang faah1, 3 Employs ce support flu,ht,. 4 Groundtransportation face'. cs ., I'asscngcr eckcth nl� an,_ ,� .. nn fadhties 6 Parking facilities , Sects ,y faeihtios t; Signs, uld.ding those attach.• to a building or other strudm aoat or nesting facihty, otherwise placed on the pr nstituting a gambling boat or flating ih site ()((street park,nE Oil t -t {.�:• inn and loading f t I pr vtdd as spec f ed m , stun 3 h of this chapter, except that the , quirement for off-street parking i an on gambling boat or 11,, ;rage facil lt). and its a sort' u. shall be one and one half(14a1 spa\ for every two (2) passengers, ba, on maximum occupancy. plus one space per employee on the maxim �:: shift. In addition, fulhsixe It -pa,. ing spaces shall be provided .s , quired by pile plarmm, and comm,sson and dty coundl Sit,. development plan In apply,: Gtr a special use permit card" 0 .action, the devcloper(s) shall nut a formal site plan wh ch includesbut is not , „c dy hrmted w the following I Maps and other 9-i'll cs eating nils lwundanci of t dcwclopment and all nropr_rta to be rad uded, i cheat': whetherr such properties a owned. Ieaaed. optioned, or p' ,,id for such 126" CME GIRARDEAU CODE 2 Thc locations and general sizes of all buildings, structures, park- ing lots and the, facilities corn" prising the development, includ 'ng data on size, facilities, and occupancy limits ofthe planned e.cursicn gambling bat or hoot- ing facility, and accessory uses Evidence that the do I.I mrnI ont.,,ns sufficient land to pm .,de fur an ,lir asary or p,. posed land side de elope , and support facilities, rocl.d nig parking, and the develop client includes sulGcient n r frontage to accommodate loca tion and operation of tit, Alar ncd cxcuisionga mId cap twat or n"ting facility. 4 An impactanalysis includin,;, hot not limited to, expected ao rotes, tragic volumes, pool: hours of operation, needed rand r strcetimprovc encs and traf fie controls necessary to accorn mndate the proposed uses amt traffic volumes, and plans G,r o,. site security and disaster n. wnec All building, and pennane ak moored .structures shalFcompl.- v cal. applicable standards of the ci I), building codes. Further, rm occ, pansy permit for any accessory use ret forth in thus section shall be p.cd prior to the issuance of occu n- ancy permits for alp new land "based form anent structures proposedas a part of the development. The sty torcaul may, limy v at its ch-, . approve a temporary «cu pan<. perrrdt for a c sory use b,r a period of one (1) year if the required land bas,d structures are not c,m plcted (33) Mm, w rehouse or self -storage unit, �,• "C" 1' or "C-2" districts (34) Parking garages: For and ... d or sero encinsed parking garages only, parkin,; 1 W -as space dimensions Iass 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 (ram the minimum standards must be submit" Led with any application hereunder (3 5) Assemblyand m nufacture from p, (.,Inca lid part of id_(,r, n, and .rota produces ,n C 2 districts (36) Single or donble wade, m..... turd l,u�n, r manufactured business ,,,is for tem porary office purposes only during cu struction or remodeling of a main build in[,. 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 tach Lemporary once units shall be lir ved upon occupancy of the completed c nstrvction or completion a abandon mcnt ofthe construction wurkr which­er «curs first. (37) Double -wide manufactured homes (nu> bill homes) in'R-1; 'R-2,"11-3; or'R-4` district, with the following provisions a 11e manufactured home shall be in compliance with Federal Manuf- tured dome Construction and Safer, Standards, adopted June 15, 1976, as ended, and Missouri Public. Service Commission rules b. The unit when complete shall have a notionnum width of not less than twee ty-four (24) foundation feet as mea urcd at ell points perpendicular m the length ofthe manufacturedhom,. which shall not be less than fort, two (42) foundation feet. This stall dard is intended to restrict noir' to the type which are brought to tho site in part, typically two121 halve. and at least o e thousand eight (1,008) square feet minimum. I All wheels, springs, axles, lights, and lowing apparatus shall to rc moved 1968 i cal ,. (:IIUIID4:All 1'tnll: tial ..r G, --1--t i ml n:,t,u, ,,tali chop ping center uses as set forth in section 30 31 1'h, development plan shall be referred to the pl.ni ing and z ing coni r n for study :end rol,Ort Approval sl all be condlLm red upon spxuhr find Ings that the proposed community unit pin, meets the following conditions. (1) That the proposed development of any 'C"4" planned commercial distra coded a. a part ofthe plan complies witL the regulations for those districts as set forth in sec lion 3031. (2) That the buildings, ober than those to sated within 'C-4' district, located i the arca shall be used only for one -family dwellings, two-family dwellings, or multi plc dwellings and the u...I ace ssory usessuch as private or parking garages, storage pace and for c n,Iy art,v ties, including churches and schools 0) That the average lot area I,, family ""irained in the site, exclusive of tit, ar ., cupied by a'C-4' district or by street. will not be less than tie n lot ar a per family required in the district in 'Inch the development is located. (4) That tie a adaptable to complete unity development, being bounded bymmajor Uwroughfar6s, streets, rail cads, or other external barriers, and in solar as possible without a major ti1or ouel.fare extending Ihvough the project, any other physical f=_ which would lend to impair tine neighlorhnd or roe moony cobesiveness. (5) That no more than twenty-five (25) per ant of the gross a of the Project 1., devoted to a 'C-4' d strict ane that no more than fifty (501 percent of the gr oss. u d the project located in single family the be devoted to multiple family dwellings (6) Th.( sufficient are. is reserved for r«re .Boost and educational facilities I. meet the -d-(the anticip.ted population, or .. designated in the comprehensive plan 171 Tlnt property adjacent to the I'll eluded in Uro plan will not be adversel, affected andto this end, the city mm,cd may require, in lbs abscncc of any a if prate physical barrier, that uses of Ice s, intensity o a buffer of Open space 01 ming be arranged along the !order, of the project. (81 Tl,at the plan is consistent with the intent and pnposes of this chapter to Promote public health, safety. morals, and general welfare (D IN lie city council approves the plans, build mg permits and clMif sates of occupancy may he sued, even though the use of the land and th, location and height of buildings to be erected in tire area and the yards and open spas omen plated by the plan do not conformin all respect,. to the district regulations of the district in whist, it is local.ed Ig) An apph-11 oa spe", u e pv�nnu under Itis section r::.Iby e made and "pre ..d oowmporanoously will, a proposed amendmeni 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 tie special use permit has been sued if the u is not developed within- (121 months after tire permit has been issued (i) In the event the use of the land for winch the special use permit has been issued is discon ti ... d for a period of one (I Iyear, then the special se permit shall automatically -Pne. (Code 1967, 4 3038; Ord. No. &G0, 4 2, 2a"89, Ord. No 754, S 1, 9.18-89, Ord No. 79.1, All I 12.1889, Ord No 845, arts. 4, 5, 4.1690. Ord No. 9052, art 3, I"I C, 91, Ord. No 1085, art 1 9 16"91, Ord No 1237, art 3, 921-92, Ord No 1459, art 2, 12.20.93, Ord. No 1529, ons. 2, 3. on 5 IG"94, Ord No 1551, s 5, 6, 62094; Ord No 1730, art. 2, G"19"95; Ord No. 1779, arts. 5. G. 9.1895; Ord No 1904. art. 1, 2"2096. Ord No 208. art 1. 11-18-96; Ord No. 2198, sits 7. 8. 72197, Ord No. 2252, art 2, 10 20 97, Ord No 2259, art 1. 10"2097; Ord. No. 2487, .n 2. 2-1699) LONINC I 'Ile unit must be permanently in stalled on • properly designed. cit" dosed foundation system in accor- dance with the BO -CA National Building Code. -. orientation of the manufactured housing unit on the lot shall conform to the same entetion as the ma jonty of conventionally built struc- tures in tine immediate area (within three hundred (300) fest). Example Front door to front lot line, rear door W 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 i appearance, ncluding, but not limited to ap- proved wood, asphalt composition or fiberglass shingles, but excluding cor n,gated aluminum. corrileated 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) inchcs- g Exterior siding or covcr,.ne shall be of a type, quality and appearance ust.omarily 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 (or tire placement of at least two (2) vehicles ,. A minimum of eighteen (I8) inches of crawl space under the entire man u factored home shall be maintained. I 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. 19G9 1. The unit shall be served by an elee trieal service in a��yy j�y�]utth tit National Eke4i tvr renuy .aoptad by m. Any such atrtrcture a d shal. conform to all applicat- ,.Doing ani subdivision ordinances and any other pertinent ordinance in effect at th1 time of installation or construction including setback requirement 1351 halfway houses for the rehabilitation . adult persons who are prisoners or forme prisoners. may only be located in C-1, C-. C-3, M-1, M-2, and AA zones, and, i approved, are subject to the followin; additional conditions: a One (1) parking space for every to,, (4) residents, including staff resp dents. b The proposed facility shall provid appropriate and reasonable secunt, r The facility shall have no exterlo evidence of such use and no sig. advertising such use, d. At the time of origina] approval, the proposed facility is to be locate within five hundred (500) feet c mother such facility. public, privat or parochial school, group home G.; adults or juveniles, nursing, rest o convalescent home (center), children' nursery or boarding home, day car enter, residential zone, existing re: idential hue, or facility for the me,. tally or physically handicapped, th city council may require such add tional conditions on the special m permit as it feels are necessary I minimize the effect of the propose use on the surrounding properties. a 1•he applicant shall demonstrate th: - there shall be no negative impact o property within five hundred (50, feet of the proposed facility. (39) Microbrewery or pub brewery in a -C"2 'C3', or 'M-1 district. (e) Community unit plan. The owner of arc. tract of land may request a special use permit G the use and development of such tract for resider ILM M (IF DENIED) CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of I , the Cape Girardeau City Council considered the application for Special Use Permit dated 6/27/2001 filed by Greater Missouri Builders, Inc. and Tyson P. Zahner for the property located at 2100 Block of William Street (Town Plaza parkinq 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. G. Be in conflict with the comprehensive city plan The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-39 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved X Denied Approved with conditions specified on attached Special Use Permit (SEAL) ATTEST: City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Mayor 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 el 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: Begi.r:ri rig at a 1/2" Iron Pin Concrete (Found) at the North',.,­�st corner of Out --lot 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 06°26106" E, 0.7 feet; Thence S 83'37149" 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 %" 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 (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 84°29122" 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 06002138-1 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: n S 78°42'53" 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 11100'38" E, 73.13 feet to a 1/2" Iron Pin (Set) on the North line of Outlot No. 87; Thence S 83°30134" 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 ATTEST: Gayle L. Conrad City Clerk A. M. Spradling, III, Mayor 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 83107118" 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 06°26'06" 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 001)07'49" E, 49.52 feet to a 1/2" Iron Pin (Set on the South Right of Way line of Merriwether Street; Thence S 83037'49" 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 00051' W, 0.9 feet; Thence along the West Right of Way line of said Sheridan Drive the fol=lowing courses and distances: S 05°00127" W, 1.81.97 feet to a 1/2" Iron Pin Set); Thence S 00001' 14" E, 43.68 feet to a �" 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 50°59149" W, 21_.55 feet to a 1/2" Iron Pin (Set); Thence S 06050'52" D;,142.6 feet to a Chiseled Cross in ('oncrete (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 84°29'22" 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 06001'54" 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 78142'53" 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 const ru i oi: . The new and slim__ comply BOCA Buildup: 'ill, o: her C_'Iliv ora --antes. 3. If the strut e is removed, the founda'.-on shai removed and :._.c pcir'�ing lot restored to _ts origi__. corndit ion. . Additions rations from the permit must ,c ,:p _ ed by :':1e City L-oUI-C-1 . Special use s?,_a�'._1 Beet all applicable zoninc, regulations. 5. This Special Permit shall automatically terminate twelve (12) upon the failure to develcp the use the land _`cr the Special Use Perm_t has issued. 7. This Special Use Permit is not transferrable consent of the :'itv Council. -- 6v7ITNESS W:IEREOr', ti.e City Manager of the C ---v of C sscuy signature ti is 2 .—chael�- City Manager MISSOURI s s . CAPE r T- he f hef 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 W 59 Delores G. Needham, Notary Public EXHIBIT A N 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: THE APPLICATION IS: Approved Denied X Approved with conditions specified on attached Special Use Permit (SEAL) ATTEST: City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Mayor EXHI2IT 2 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 �rsrr 5. Overtax public utilities. X 6. Be in conflict with the comprehensive city plan X The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-39 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved Denied X Approved with conditions specified on attached Special Use Permit (SEAL) ATTEST: City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Mayor EXHI2IT 2 110.@ n V M & ptiACE ESE ro 4 ; _ �� eERTLw.c 4 10A1M11N1'Y ; RY- 'n £,t NrcNlNn :Aa TLR ST VARnN CT HILLS OR ` K:AIi .J a r 1 YARIE TTA S r ♦k _ y \,� TNHC ' 9URER S CRECNwA1 OV LLA' GEORGIA '� SI BRE TH011AS i ANN n '\ OR u WA1H ST. CP�p IW LN . wl S y j CAWANOA Si RuNa,SW —m" J, Sl p,P is CRNA o ?• STODDARD SIOC?Ro S\ $TODOARD \fR `kC r �T` �S s iRCC SL ST r �� C O0. ti <, j - 9CCARDO ('F 111 C \T 1 CC O' _\i' ILL .f T,w ICA,DA } /y!1 AR,A OF ik. $COIF S C �- ACL11N[ 4•i - ,w T Ls ,Y PE u, S. "CCT w CHRrS'.EF SF S, �Z �Ac P uARU LV _ J< 'SFv � l \� ^ \H S1 - S ,n T1CR -ICEC$' SEA DR C LM DF w'J JC./. ry AVL � `..w900 -y(••` - CH R "'- Oa ,� , � F 9,—LAA WS;E„ DF oR \ _ 'r W ARENA ,.EaA t' < R� 8 PARK - SPR;;C( C EkPO rd ,in u5 $T n. 2 .�., Sr. 4'4A rr.-n I DCS4r k• < v+ _ u�oG- s. ` n sEsvE .IVOSA u,5 R. Cr ENANpOAH ST - yy °y F C IUCE STa UCC S' RpC,( KINRERLY �j rte- S THE -- -' n —.00" SI PRvV ECT SE RFOAO'AAr ws4N ST Y i,Euis E YNN OR VEPENDCNa s G - y INOEPENC£NCE ofPROFESSIONAL 4 g CT. 9, 4 P� uERRI WE IHER ^ CpR100. ; uYRA MERRIWETER .ERIVR_T=ER z 0 ST. 4ERRIWETHER ST AM ST DR. .� DR. ilAuE o w A L I � y g `� . TLj. 11 Oq T v TEHNE G000 HOPE < ST 0 DR. � Y � 0000 NOPE �goOHHl1E �E I o 3 E�`0 $T. ARE C t wE LI,4L 6 OR `UP NiRE \F\ HENRY ST - P CLEOUSN ST_ MORGAN OAK M �� � EFERSON �S HERMAN fsT. AVFy 5\. �lKS P COLLEGE 'SIT. o5t, HGE �° G'Q�N uONTN CRY •Sl. COLLEGE �' SIT. SK2 �' N BRINK i l• I PEAR - Q ST - FNWKY Q eVMAPLE i ST. St wALNUT ST \ 3 l �; y wAINVI ST. \ 0.0 KO Z \ AGI EW ST. 6 Wo _ OCUST ST \ E Fs Hca Y SHAWNEE 5� osT PARTS `s aSIT AV ioR, OPARK SPO vo DR \ 4 COMPLEX g V �:! —�� LINDEN ST ' MI(7(ORv SIT. u. f t \ OVA/' T4 L ° ,;o aE nu R '� Rus acncF � CAROIN/u � ���� i CT E[RRY S DRZ r RusuAu � W = I b PIONEER MUU 1R�A1 _ i I / n e � GCRHARDTic ST C LA i 7 \\ \ I(\ CRUZ � 9(ECH ST SI_ t v~r L SI �� J• _ __ - - rrF".,pr - I'riPl/R 5T.� & I 15, I 1 U �� �j rN 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 � I � ./l SeLretary CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning ❑ OR Special Use Permit File No. ��_ Address of Property 2100 Bloc -k Wi ll j am 6freef CITY PLANNER/DEVELOPMEN"I' SERVICES COORDINATOR: 1. Is present use consistent with present zoning? 2. Is plat sufficient'? yes 3. Will intended use conform to requested zoning? Tec 4. Has intended use already commenced? Y— I H 5. Comments: City Planner/Development Services Coordinator Date .. . .. . . .. . . . . . .. . .. . . . ... . ■ ...... ■ . ..... . a .. 0 N ....... 0 ... . . .. ■ .. W ■ ... . .... . .. . I CITY ATTORNEY: 1. Is legal description sufficient? 'X� C 2. Will intended use conform to requested zoning? A 3. Can requested Special Use Permit be legally granted? V;-5- 4. Comments: City 6torny Date ...... UNKNOWN . ■ .. . ■ ... ■ ... ................ ................... . ... . . . . 1 CITY MANAGVR REFERRAL TO PLANNING AND ZONING COMMISSION: Iry Manager, Michael G. Miller Date . . . . . . . . . ..... . . . .. . .. . . .. ... . . • . ■ .. . . . . .. ■ .. ■ . ........... ■ ...... N ■ . . ... ... .. . I PLANNING SERVICES STAFI= 1 . Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date Rcvised 4/21 /I'M x w City of Cape Girardeau, Missouri Application For Rezoning - ❑ OR Special Use Permit - orStafiUs Date Rccci\ed in 1'lartnin_� Ser�iccs �)ifice: --L/ - SF"(-FIO\ 1. Dcscription of ilie pro.lect: Relocation and expansion of an structure to Function as a drive-in Kestaurant. I hC ctnrcnt structure s a 1 12' portable building in the I ovNn Plaza being used as a vNalk-up Jno Cone Stand. Currently, the buSlncJS is seasonal - operating betVNcen the months of April and Septemher. The neA� structure would he 12' X -'Y' and Would be utilized as a drive-thru Sno Cone stand. The buildin, vcould remain in the Imon Plaza. althouIh its current distance from the propem line would be increased. 11 ;ales volume is sufficient. the husinc„ vcould remain in operation ycar-round. It sales are inadequate howc�er. the business \WUld close during the \\ inter months. 'lherclurc_ it would be advantageous to keep the building portable - anchoring it with concrete piers and installing, the eater, sewer and electrical hook-ups underground and unexposed. I tit -cci address of tract (or other location description): 1 min 1'la/'a parkin, lot (2) 100 block) facinL \' illiam St. \ppr�i�ratel� 100 11. 1-ast of I -.l I (,MCXiCin Restaurant) and 60 ti. Norah ,,1 :iic properr� line Xames and addresses of all legal (inners oftract: �uuri IWildcrs. Inc I ��o \O�i'. �Uccl. June 31 St. Charlc;. 1\.10 63303 4. Preu'nl /onin-'� classification: C �. kcuu�•,ted ne�'ronin�� clas;iiica;i��t�: �, .: 0. Requested special use: ! ac Permit fur Drive-in 1?c,taur<in' 7. 1'crson }candling this application (name. address, phone numher): I I' /ahncr. Mkner �. Park Al Cc rrI n(� t;ir1rdcau. 'AO 63701 K. 11 tract is to he transferred, name and address of intended O%rner 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 L ,• SECTION B Legal description of tract: Please attach a copy of the latest deed to the property. See attached description and deed. W" w Page 3 Attach to this application a scale plat of the tract. on an 8'/ by 11 inch sheet of paper, shomm-, the lollovv ins(: �. All houndar\ dimensions. h. All adjoining streets and allc\s. present n11proV emetlts. d. All intended improv enlents. C. All adjoining and cornering-, property lines and references to all mvncrs listed in Section C. 1. Toning classification of all adjoining and cornei-1110 propert�. SECTION C 1 . List names and addresses of ALL. adjoining landmners. Include land Nrhich corners on tract or which is across streets or alleys. NOT r sp al se erne x u steel for part of a larger platted See attached list of lando iers 59 w Page 4 2. With this application, the application must deliver to the Planning Services Division a stamped, plain business envelope addressed to each of the individuals listed in Section C, No. 1, of this application. SECTION D State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. 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 r� SECTION E State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. 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 Adjoining Landowners IM Wendell and Glodean Eyre George & Patricia Bockliorst Roger Birk 2130 Merriwether P.O. Box 780 60 S. Kingshighway Cape Girardeau. MO 63701 Cape Girardeau. MO 637024)780 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 Merriwelher 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. Bos 557 Cape Girardeau. MO 63701 Cape Girardeau, MO 63703 Cape Girardeau. MO 63702-0557 Gare and Christine Helwege Gary and Joyce Borgfield Wal -Mark Associates Schnucks P.O. Boz 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 Bern, P.O. Box 908 Cape Girardeau. MO 63702-0908 Nelson E. Martin Investment Co P.O. Boz 629 Sikeston, MO 63801 Jean K. Martin 225 S. Forester Dr. Cape Girardeau. MO 63701 Wallis Oil Company, Inc. 106 Washington Jackson, MO 63755 Plaza Car Wash Inc. c/o Plaza Tire 2149 William Cape Girardeau. MO 63703 Georgell Investments, Inc. 1428 Independence Cape Girardeau, MO 63703 C R Jr. and Bettie Talbert 117 Edgewood Cape Girardeau, MO 63703 Narvol and Amy Randol 3022 County Rd. 214 Cape Girardeau, MO 63701 Heritage Square Properties. L.L.0 1230 W. Cape Rock Dr. Suite 19 Cape Girardeau, MO 63701 P&J Marketing, L.L.C. P.O. Box 1807 Cape Girardeau, MO 63702-1807 FFCA Acquisition Corp. c/o Long John Silver #5136 P.O. Bos 14026 Lexington, KY 40512 Kingsway Investments c/o Henry and Ann Adams 2314 St. Andrews Ct. Jackson. MO 63755 Gaye F. Blank Trust c/o Gave and Robert Blank Trustees 430 Julie Cape Girardeau. MO 63701 o U:2 F X 3 SPECIAL WARRANTY DEED 003410 THIS DEED, is made and entered into C is, day of %%�crc/, , 1997, by and between GREATER MISSOURI BUILDFL6, INC., a Missouri corporation, party of the first part, and TOWN PLAZA, INC., a Missouri corporation, party of the second part. Address: 1550 Wall Street, Suite 31, St. Charles, MO 63303 Witnesseth, 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 parry 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. By: 4B.' ampb ,Preside s:114269\00001 \SPEC WARR. DED W W State of Wo �;1'.( 862 ?!UE661 A�� ) SS. County of s ) On this 1�R day of _ G rch , 1997, .before me appeared to me personally known, who, being by me duly sworn, did say that x/he is the "qrK":1PA�;;'z of GREATER MISSOURI BUILDERS, INC. a Corporation of the State of Missouri, and that the foregoing instrument was signed jjjj� in behalf of said corporation, by authority of its Board of Directors; and said C, 0'6e/% acknowledged said instrument to be the free act and deed of said co ration. 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. Notary 1?u lic My term expires: t a -1 f -moi Y, Wff KEtDALL NOTARY PUBLIC STATE Of COLORADO rnmmisainn Emkas l2•ld•94 SA 14269%00001 WEC WARR. D ED A PART OF OUTLOTS NO. 57 AND 87, UNT= STATES PRIVA'T'E SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINC PAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARITY 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" E, 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°26'06" W, 121.41 feet along the West line of said tract to the Southwest _comer of said tract, from which a Railmad Spike (Found) bears N 0626'06" E, 0.7 feet; Thence S 83'37'49" 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 ofMerriwether Street;17hence S 00°0749" E, 49.52 feet to a 1/2" Iron Pin (Set on the South Right of Way line ofMerriwether Street; Thence S 83°3749" B, 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 Right of Way line of said Sheridan Drive the following courses and distances: S 05000'27" W, 181.97 feet -to a 1/2" Iron Pin (Set); Thence S 00°01'14" E, 43.68 feet to a 1/2" 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 50059'49"-W, 21.56 feet to a 1/2" Iron Pin (Set); Thence S 06°-56'32" 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 84029'22"-W, 277.34 feet to a 112" 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 Fin (Set); Thence; N 83°57'22" W, 212.10feet 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 06002'38" E, 165.00 feet to a 1/2" Iron Pin (Set) at the Northeast corner of said tract; Thence N 83°57'22" W, 196.57 feet to a 1/2" Iron Pin (Set) at the Northwest comer of said tract; Thence S 06°01'54" W, 13.66 feet along the West line of said tract to the Northeast corner of a tract of Land recorded in book no. 6112t page no. 756; Thence N 83°58'06" W, 176.65 feet along the North line of said tract of a 1/2" Iron Pin Set on the Fast Right of Way line of United States Route -61 (Kingshighway); Thence N 11 °06'54" 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; Thencc along said South and East Right of Way lines the following courses and distances: S:\14269uXx1J:A_1JjA1_ DSC 862 ?..UE663 S 78-4253- E, 59.09 feet to a 1/2"Iron Pin (Set); Thence N 11017,07"M, 63.59 feet to a 1/2" Iron Pin (Set); Thence N 0601-6'07' B, 145.02 feet to a 1/2" Iron Pin (Set); 'Thence N 11°00'38" E, 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 acres and subject to all easements of record. STATE OF MISSOURI County of Cape Girardeau, I ss Filed for Record I hereby certify. thift, this instrument a:1311R pU was FILED . R RECORD -at the date MAR 211997 �� and time' �T. rton and is or ed in Book..; .Page... 1a et Robert, li co der llet �i -s peown uM our _ . . ........ ....... . JANET ROB -ERT Recorder of Deeds r SAI 4269\000011LFA AL. D&C Apr 01 99 04:57p PERRYVILLE DOOR CENTER 573-547-6950 -o" z17Z 1 Ti; EPA= 0 I SC TOP ro 10 12 13 L. - ( ____ __ lr`-: TLP uirw p.2 MA (-Do R He Z li J i Apr 01 99 04:5^p PERRYVILLE DOOR CENTER 5'.?3-547-6450 9-., p.3 2 (� Apr 01 99 04:57p PERRYVILLE DOOR CENTER 573-547-6950 p.4 i a — .–� Z��tX i4 FA 'c C l i 1 i i 1 I i A c} R r) i e��Cr�`J`�'j Apr 01 99 O4:58p 1 3 4 b 6 7 B 9 10 12 13 14 15 PERRYVILLE DOOR CENTER 573-547-6950 p.5 Djyi,ION OF rLAN:lli.IS _.L.".l^.CES DATE y--.-- nPPRovEn _6, 4,5 . p &TIL [-'.Fr 01 S -q 04:58p PERRT'VlLLC DOOR CENTER 573-547-G950 PV—'Z - 3" -OB L14 a-�5c, SraF-L- PopX (Z) F . G �6) r W, w AW W L cn E �V i U O m O O r N X .^. N X f N t � D7 E C_ @ C C O ca N c io (0 (D C d N YQJ O O c� N N OI E E O O O Q d N N N n �z ® CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 216 Agenda August 20, 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 Day Care Center in the 3700 Block of Old Hopper Road This agenda item concerns the request of the First Assembly of God Church of Cape Girardeau for a special use permit for a day care center in the 3700 block of Old Hopper Road in an R-1, Single Family Residential District. The Council approved first reading of the ordinance at its August 6, 2001, meeting. 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 were submitted opposing the request. An additional petition was submitted to the City Council at the August 6``` meeting. None of the petitions submitted as of August 6`h were notarized. However, staff calculations on the petitions submitted show they do not contain the signatures of property owners representing 300k or more of the area within 185 feet of the subject property borders. It is our understanding that opponents to the project are securing notarized petitions, but none had been submitted at the time this letter was prepared. Prior to the August 6t' Council meeting, the applicant submitted a revised site plan, which is included in the application, based on the Planning and Zoning Commission's recommendations. The revised site plan indicates 490 parking spaces for the church and day care center. Attached for readings of second and third consideration is an ordinance approving the Special Use Permit for the day care center. The Council should note that the ordinance and Special Use Permit is limited to the day care center only. Also, the Special Use Permit is currently written to include the two-year time limit recommended by the Planning and Zoning Commission. If the Council wishes to approve the Special Use Permit, it will need to be amended prior to passage to change the 24 -month provision to 12 months to bring the Special Use Permit into compliance with Section 30-39(h) of the City Code which only allows for a 12 -month period during which to develop the use. ully Submitted, *Xelv t M. Bratton Planner AIL Michael G. Miller City Manager n 2 The locations and general sl ten of all buildings. structures. park - g lots and other facilitiescom- singthe development, s a d g data on size, facilities, and cupancy limits of the planned xavrsim gambling loot or Boat .ng facility, slid accessory use, I ":d' that the Acvdopnx•nl ,.mcm,,.nni:lent taint to I.i.� po rd landslde Ae elol�r .Ind support f"'bt'ec, rnrlud Ing parking, and the develop ant includes sutLcient n ,r frontage to a modate I«a tmn and o{x1. in of ill, planned c si , gao+bh 1)1. boat or floating fadhty. 4 An ,mpact aria lysis including. but not Itmi4`d to, expcctId ac traffictcs, trac volumes, peal: boors of operat'.n. needed road r st...t'mpruvements and traf tic controls nese 'y to accom- modate the proposed uses and traM, volumes, and plans for 01. s'tc sccu rity and dlsestor n ,lanae All budding, and pe nnan, ntlr .moored slru<tures shall comply with applicable standards of the city's building codes. Further, n u policy 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 pan of the development. The city tirnal may, however, at its ch— u. approve a temporary occupancy r, ( far any accessory I,, fnr a period of one f 1) year'( the rcquircd land bas,d structures are not cam plcted H) Min'-warchuusc or self-st—Ig, write 11) "C I' or'C3' districts. 34) Parking garages. For enclosed or ,cru ,nclnsod parking garages only, parking Ne 11 W 1 3"9 space drmensmns I-, than the rnroumrn. suc equired in this ordinance may I. approved under especial use permit A building/parking plan and documentary Justification for a requested vanaGon from the minimum standards must be snbnut ted with any application hereunder 1 i", A --I ill, and n nufacturc from pm lib, rested par, ofaelect rom: and .nil. l., pndacts u, C-2 data t, -1..1 tirnglcnr double-wrdr. nrarrufn�tu lir lira n u factored business units fnr trr1 lorary office purfascs onlydunnl; c ,truction o emodeling of a m. n burl.l Ing in 'M-1 r Light Industrial Distorts Any .special use permit, if approved. w Ill become effective only illon the issuance of a building permit fora main building. All eoch temporary office units shall be rt ,loved upon occupancy of the completed construction or completion o abandnn- mcnt of the construction work, which—, lrcur' first (Ti) Double -wide manufactured homes Ono bile homes) in R -1,'R -2"R-3,' or "R-4 districts, with the following provision. The manufactured home shall be in rnmplI n, wit), Federal Manufac turgid Ifome C nstruct'on and Sa fcty Standards, adopted June 15, 1976. as .ended, and Missouri Pubh, Service Commission rules. b. The unit when complete shall ha- minimum a w-idth of not less thantweet ty four (24) foundation feet as rues sitred at all points perpendicular ur thelength of the manufactured hen+. w h'ch shall not be less than forty two (42) foundation feet This stun dard is intended to restrict units to the type which are brought to tho sit, In parts. typically two (21 h:dv, . and at (cast one thousand 110" (1,008) square feet minimum c All wheels, springs, axles, lights, and towing apparatus shall 1)e removed 1968 I 1)l 1. (;111110-11 1 111)" tial lir fnr ""'k neraliI onhbrnatenl 'Ith ,hap ping center uses as set forth b, s«t'on 30.31 lire development plan shall 1)c referred t„ the pl:m ing and zoning commission for study :rod report Approval 0, all be enndnn 'ned upon slecrfic find ings that the proposed community una plan rnects the foilasving conditions: (1) That the proposed development of any 'C 4' planned c cial ch—It, i eluded as a part of th e pL,n c mpbos wide the regulations for those districts as set forth in section 30-31. (2) That the buildings, other than those lo- cated within s 'C-4' district, 1—ted it the arca'hall be used only for oar family dwellings, two-family dwellings, or mutt, ple dwellings and the usual accessory uses such as private or parking garages, smrage space and for community -t— , ies, including churches and schools (3) Tl,at the average lot arca par family inn taincd In the site, exclus'v, of the a r1) cup'ed by a'C-4' district or by strc.L . will not be less than the Ice or" e a per family requ trod in the district in w�h'clr the development is located. (4) That Urea adaptable to complete unityrdevclopmenL, being bounded by -ajor thoroughfares, streets, ra'I- -ads, or other external bamers, and lo- sofar u possible without a major tl,or- oughfare extending through the projrst, any other physical feature which would tend to impair the neighZbood lir com m unity cohrs'veness. (5) o more than twenty Five (251 per the gross area of the project be Ptd to C4' district and that no than fifty (50) percent of the gross of the project located in single roily district be devoted to multi plc family dwellings. (6) That sufficient area I. reserved for recre stioruil and educational facilities a meet the needs of the anticipated population, or as designated in the comprehensive plan 171 That property adjacent to the a n dudcd In the plan .will not be ad,ersel. affected andto Un, end, the city munol may require. io the absence of any ,, pride pbpsaal barrier, aha, uses of least Intensely o a b1) ffer of open space or fling be arranged along the Lard,„ of the project. !81 That the plan is consistent with the mtcot and purposes of this chapter to promote public health, sdety, morals, and general welfare (0 If the city council approves the plans, build mg permits and rc tif.c,tes of occupancy may be sued, even though the use of the land and the I«anon and height of buildings to be erected in the area and rhe yards and open space contem plated by the plan do not conform in all rspact. to the district regulations of the district in wh"h It is located Igl An application for a special u e I.'rn,1t under this section may la made and prxes,.n o.u.mporantausly with a proposed a end merit of the district in which such site I'es. (h) A spacial use permit shall automatically ex p'rc upon the failure to develop U,, use of the land for which the special use permit has be,n sued if the use is nm developed widim twelve ! 12) months .Z the perm'' has been I'sued. (d In the event the use of the land for whirl, the special use permit has been Issued is dlscon tinned for a period of one (I) year. then the slac'al use permit shall automatically expire - (Code 1967, 4 3038; Ord, No. GGO, 4 2. 2.1.89. Ord. No. 754• ¢ 1. 9-18.89, Ord. No. 793• Ali I. 12.1889, Ord. No. 845, aro. 4. 5, 416.90. 0"1 No. 962, an. 3, 1.16 91, Ord. No 1085, an 1. 9.1691; Ord. No. 1237. an 3. 9-21-92; Ord. No 1459, an. 2, 12 20 93, Ord. No. 1529, arts. 2. 3. 511694; Ord. No. 1551. ons 5, 6. 630-94: Ord No 1730, an 2. 6 1995; Ord. No. 1779, arts. 5, G• 9.1895; Ord. No. 1904, art 1. 2-2096; Ord No 2080• an. 1, IL 1896; Ord. No. 2198. arts 7, 8. 73197. Ord. No. 2252• an. 2, 103097; Ord No 2259, an. 1, 1020-97; Ord. No. 2487, an 2. 2.16-99) oven N. w 1970 I The on must be{a •ntly rn stalled o pe a properly designed, en closed foundation system in dance with the BOCA National Building Code. Orientation of the manufactured housing unit on the lot shall conform W the s , cntatmn as the inn )ority of c� n u.nally bull, tures u, the n mediate a a tw,tlun thnr hu mired 13001 fectlr E:x:,m pl, Front door to front lot line, n lir d.r, to rear lot line. f Roof must be a gable or hip ­1111 oofofa least three (3) in twelve (12) pitch or greater and covered with material that is residential In aple�"r;'" e, including• but not It - 'ted m .11proved wood, asphalt comlosltlon or fiberglass shingles, but excluding cor mgatedaluminum, corrugated fiber- glass, or metal roofs; except for per- mitted deck areas, all roofstmctures shall provide an rave projection of no less than six (G) Inches and no greater than thirty (30) inches. g Exterior siding or cr'ng shall be of a Lpa, qu ality Band appearance customarily used on convonGonally 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. r A runimum of eighteen (18) inches of er wl spac under the entire n u factored home shall be maintained ) Permanent steps shall be It st all extemal exits with appropriate hand- rails and/or guard rails. k Tnc unit shall be served by a water supply and sewage disposal system accordance with the Intematfonal I'lu robing Code, as currently adopted by the city 1969 I Ill, unit shall be served by an eIec meal service in accordance with the National Electrical Code, as cur- rently adopted by the city. m Any such structure so installed shall conform to dl applicable zoning and subdivision ordinances and any other pent nent ordinance in effect at the timeof installation or construction, ncluding setback rcquiremenL its li:dfway houses for the rehabilitation of adult persons who arc prisonersor former prisoners, may only be located in C 1, G2, C 3, M 1, M3, and A -I zes, aridi' approved, a subject toon the followng additional conditions: a One ( I) parking space for every four (4) residents, including stag real dents. h The proposed facility shall provide appropriate and reasonable security I The facility ,shall have no exterior evidence of such u e 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 an efficr such facility, public, private orparochial school, group home for adults or juveniles, nursing. rest or i valescent home (center), ciuldren's n mery or boarding home, day care enter, residential zone, existing res- idential use, or facility for the men- tally or physically handicapped, the city council may require such adch tional conditions on the special use permit as it feels are necessary to n re the effect of the proposed usea i'he surrounding properties. I ll,c applicant shall demonstrate that there shall be no negative impact on prolany, within five hundred (500) feet of the proposed facd" 1:19) Atrcrobrewery or pub brewery in a'C 3", 'C-3', or 'M 1 district. (c) 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 residem Sec. 3099. Special use regufatioos. Ia) Subject to the pro ho s of this section, the city council may by ordinance on Its own motion or on application grant •special use permit for the special uses enumerated in this section in any districts as herein qualified from which the uses re otherwise prohibited by this chapter. The city council shall impose appropriate conditions and sah•yvards for the,. of the spacial u. pian„ t, nclud'. :, sp'ahcd period of I the pe t:nv G r ut� a LnutoUm „C the person. who n ., al s hili u. rad him .mums ulr, , n re,finrement, r.,r the re nr dra ,;n rain'.Ildings and othenm I,-, r,pr�ve cnts -lora tl, prol,erty, all for the purpose of protecthng the comprehensive plan and c ling and protecting property and prop arty values in the neighborhood (b) Applications for special use {xrn,its shall to made and processed in the sium, provided in action 305 relating toapplications I- d,,( ­t charges I1) The city couc+l shall determine whether .net, buildinng or use will , Su hsu+n Bally i ria_,• lr:,l tc h:+r ails nr congestion L tiuLsttntially increase Grc h. -+::+rd. < Adyerscly n(Tcet tLr d,arach•r o(Uu' ei,;hbort"A' o ,spxet to spx•- Ind use pern'it, forrdwclling lea, p.— where required, he ad,'crsely effected by the character of the ncighlorhood. d Adyers,ly affect the gen-A+yelfo err oI th, n,rnmunity' - Gyerax pu Lh<utilil ie. i Ile i, ,nniet „it li thn,nip:�l.,n.i. , ritr I,Ichn ,_,I: clic courted -s finding i. nab a_:ye :i. t„ rill tlhc su hj e•ets re ferrel in this Su hseet,un Ohl, the apphcation in, av he grant i ,f of Grmntive ns to suhjr<t. then Such prr- n,it =hall he den n -d- (c) Any proposed special user shall othenvisc amply with et all the regulations sforth in this chapter for tie district in which such use located, a rept that the city I.—Id may permit hospitals end institutions to exceed the height 1,i mitationv of such district. t 30,09 + 11 1, (:I IiAIi I)F A is ('.01 -1 , Nu .ter uetures shall 1.- , ee trd or , in , my pe't.on of the lot cxcc 7,1 proyhdrd for under ,ten, g. hereof d h'n signs shall tK crc•ct.d on clic p:irf: in are•:, rxerpl as appn,ved Ly the eil'.- ccunc,l ,. Parking arras shall be used for park ing patrons, private passenger veli" I . only and nu alio g. I II be un ! [ p.ukhng within f The pan, king shall be _vet back in r.,.. form icy with if,, established o, qulred yards for rIsllent i al u_ s , where a parking area adjoins a dwcdl� ing use, it shall have a m�n,mum sd. yard of ten (101 feet g 'I'L, p:uking arra shall 1�• sin to til. :ed or frnced, Paved and draim-d. lion. and in Ani d free of d,1, (21) Any "r;" de -Ir t , ,n an "R- dist` t (22) All I f 11-1. I. I - n, ran d 1,y, I,r; Wit, r. ,( th, (2-3) 1,i—Id—II, ill cmrss of t1, c 111"ght and requirements set forth in .rein,. 30 36 li , 'R-4" and "C 2" districts, Prnvid,d ,,d,• y:,,,i sed in width one (1) foist for ra,h foot of height that the bo,ld,ng exceeds 0., height regulations of the datrict in wh;rJ, is I_ted up to a height of seventy five I7.'„ feet and thereafter n re s,d: yards sl, all 1, required f•.r<any heti l;It i,. I—, of ,-my five (75) feet (24) Any "C dil.t,,t u_, u, a more ­A­I­ '(,— district (25) nor --n hons,ng uod,., the follow„.1. ,r,ndn,nn, e Aflowcd only lin 'R3,” "R-4" and -r. b Only senior cltlrens, handicapped u disabled individuals would be permit ted to rent, purchase or inhabit unn,. allowed under Chia chapter. I A permanent sign, prominently di, played, no.t be placed on the budd,nc ,Icily labeling the structure as scrap„r n,• tri,. strurtn r. :,..e mor <,. r.• n h„+, �: i:'r, i R( d x271 The ma u, f, clog of co visit r anA catering equipment in T.3” dist I, 129) R­chng t 2,' "C-3; 'M I- u` .Nl'2- 1.l ets, gsalvaCc process [ and storag, of p:q .r and p:gor Products, and other metal contau,r•o. clotty clothing and rags, plastics and r, ,L Ix•r products lumber or wood products and glass. Providrd, however, that all process- ing, treatment and bandluhg of the aboye drscntxd materials, other than loading and unlnodingfrom Irmsport vehicles, shall Le d f a hu, Iding and all t g- of sorb n -„mats .hall Le cit .-d f hunt! I,, or in closed transport trailers, in such :, ollif,ti., 1. rh,rpr. I'r .i led firth r that err : r,• n su _I t i,1,_ "hall not nr r health hazard by virtue , ,:. odor, ,nu ss un,, d scharg, nr byproduct,. loading and u„Inading of matenals fron', transport vehicles Shall Le completed and the transport vchid es removed from t6 premises within twenty-four ( 24 1 hours o! the receipt of a translu,rt vchid, on Ih, Prr rniscs NO f:xrlus,nr,.s ” ,al u -e Imo, rat :Lull t. r,qu r. . under this rcbon for any p• .,.i puny or Germ rnwgaged n raeyeGng nr ti "yy of an products which err nu f.,I.r,d o, sold on the premu,I when uch recycling is don support o(lhe principal operation of that b - 1i I, No special use permit will be required under the provisions of this section for recycling actrvhty conducted by n profit ."Ina eat” for period. not ex - ceding thirty (301 d.y. in any ulco- der yr.r Id) Sp"'A uses. II Public nr li, a, landing field, landnul step. L,Lcopter landing pad, heliport err other landing arca for ell forms of aircraft, auto rantrack and drag strip (2,Amusement park, but not whin Luo-„ hundred (300) foot of any "R" distract. r:tl Any f.+,1, -1p Ihhc building c ... 1,d or a sed Ly an, dep.ntm ent of the city or connly goven,n,e It. or school distract. Al r of Geand other su pin it b„Ild- ings for locals units of go" int and sub state .gen If nth,—i,e lo- cated within a inning distract which v.'ould allowa conn pal o institutional facility of the same nature as e use by right (41 c ­ y, --math. in or mausoleum L`J Churl, or other place of worsLi p, or Sum day school, in'if -I," "R-2," or "R-3" residcn tial d,strir,.s. 1[11 Circus or carnival grounds, but nal wIUun tore �undrd (300) feel of any ' Ii" distract l;om n,erual, r 111111:1,, or amu.+ •rat dcvclup„cnt focrctc mpurary or s, asnnal pr rods IR.......i.I ,ani lotion college, or hospital provided that any I�os picot or institution permitted t ao a, any "R" district shall be located on a sit, of not I— than live (5) acres, shall not occupy more than forty (40) of the t.oul lot arca, and shall be set all yard linea at least two (2) fee foot of building height. (10) Marina or dock. 1111 Nursing home in "R" districts ..: Office building ora civic, mhgious or char ,table or,;anir.LL ion, rad arcing ad n'itu... primarily by mail and not handling mer ch,=se or rendenng -ice, on the pren, ices, but only wdthin the'1t 4district. 13) Privately operated community building ur recreation field. /lar Public utilities 1151 Riding stable. illi) Radia r television broadcasting tower or sution 117) Residential uses as provided for in section. 30-28 (C -I Distncts) and 3033 tracts). 7.47 Travel trailer camp, in the "C-2.' "C 3" and 'Ni- districts. No travel trailer may be us d for any residential purpose either tram siently or permanently unless located in a trailer camp or moble home park. i l`.+1 The extraction of sand, gravel, and other ra materials requiring the removal of an 'erburdcn above the deposit, provided. however, any bulk storage or extracted ma- terial or overburden and any proeossmC or extraction machinery or the open face of any cut shall be at Icast five hundred (50)1 fact from any residential structure, st-I't, or place. ,201 Parking lots on land in "R' districts —01 three hundred (300) feet from the boundan of any "C" or "M" district, provided thr r llowing standards arc met a Ingress and egress to such lot shall be froin a street directly serving the cam marc al, business or industrial district b. Nobusiness involving the repair or service of vehicles, or sale, or display thereof shall be conducted from or upon such parking ares 955 mer:, _ ,tater. r „nly r,r „m• , -y<h n,- act" v,tv frac �t.s intern. pu rlwscc only and not (I�r nsalr m the blic for profit ..- Rcsid"racial o outpatient facilities for th„ tr�•a tri, ant of alcohol or other drug ab„so <e,di,, twent, (20) persons ,u It r .i c.tnds, cr for n e than ria, perr.ons , "C" dhstrids, w, U, the. U,at no special use permit shut'. 1>n . 'd for ,ch a facility unless the apphcant far such pe'rmiL provides chi IIthat he )I., provid,d written note r r:, th,.n of the profused pin<ement of [h� f:,r,l icy to the owner or owners of property I t 1 within one hundred eighty-Gv,- IF. 1 feet of LheIwund.vics of the pn,p r.ry „ which the treatment facility ,s , the exterior app,'.,: C 1 treatment f 'fty vhall n.. 11' f L U t nor app ,r f U L Id- g - in the , unity . ! ., ter atment facility shall not Le Iuc.,t��..J Glns,r than tivec hundred se enty' (370 I,to any other .substance .bus, facilit.- „ ,,nCIdoll hlc wide, m:hnufacturcd hu,n• uf:...... d business units fur ani- I,nrp,,,r-, only it, "M-2" b,asy v,dustr rJ dntnrL Far,nly day c.e hams for th, c.,r, six 11) ehildr, I but not ern, ll�an then (10) child".'. in a residrntir�l n, nnal,nl: r,•, ' 1,1 ng ford iy lira any'C ur M" d -trlrl , r thereof earth th, 11,111-11,1' prov„�ons Accessory uses d.... f 1,y con ncclyd, assn rated or linked with the op<'ra t xof an e.cursln n gambling .r noabng fauhty:hall Lc mdod.,l w,Il, and made a part of any spec,.) u permit Issued therefor d ,hall alv, bwithin • -f;' r "M" d,u rail. ., , .rt.l„nal,,,'. rhe ,,••,r boat or pooluy Gt, shall include Wer coon.. -int Is.,at-np7„+r1, erarpht�ea Docking or --ng :f employee support facilit,rs Ground transportation 1a1,1, I I f: ihtie, I,.,, king, fa"l,thes Sccunty facilities Signs, including those atwdhe'. to a building or other str,aur. a Loa, or aoarng otherwise placed ou the pr:n iles ns[ituting a gambling boat or float” ,g 1a 1 icy site. t,(tStr,t parking OIT­re.t i d ng f II t Pruyd:d a, sp,.fl,d in:aeli+ ,.f this chapter, except that gln_c rat for ofT,t,-t 1-1, 1, f„ an ,n gambling boat or fl, -:u huge Gacihty and its a _ oq• a>c. .hall Lc one and onch.alf(i Vil span- („r c. pry two (2) passengers. based occupancy, plus 1 I s7mvc per employee on the maximum. n In addition, full -sire bus park uhg spaces hall be -&d rte r, ,,aired by the planning and reran"" �,immissinn and city ­ I- ouf r a spcc,al use 1 1 tlr et o IIIc dcl a a formal slte� ev winch includes, bu' ply Lmited to the for I Maps and other graphics ” hating the bound.." of 1,h• development and all l pd c,n,nr In be ncluded. ^ whrthersuch properties .r. owned, leased. optioned, or pr,+ 1•„•.,.d f•„ ,uch n (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 Cie Girardeau, Missouri_ for the purpose of constructing, maintaining and operating a day care �;cIIL- ci . 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 X Denied Approved with conditions specified on attached Special Use Permit (SEAL) ATTEST: City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Mayor 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 the character of the neighborhood. affected by 4. Adversely affect the general welfare of the community 5. Overtax public utilities. 6. Be in conflict with the comprehensive city plan The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-39 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved X Denied Approved with conditions specified on attached Special Use Permit (SEAL) ATTEST: City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Mayor 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 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 day care center; and WHEREAS, the proposed location of said day care center is in the 3700 block of Old Hopper Road, which property is presently zoned R-1, Single -Family Dwelling District; and 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 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 Noi_-I.heast 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 "55"; thence Wlt--h 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, To,,anship 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 3-1.46 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 X10) days after the date of passage a;',', appr�, gal of tr 1 s ord,_nance . Thi. )eclal use must comply 711 t] a; _ regi _at1GnS cc -1 I jrt:: -n t- : Zr�r:, .:g (7�rjde for the dlstr: _'_ ,_n 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 ATTEST: Gayle L. Conrad City Clerk W A. M. Spradling, III, Mayor SPECIAL USE PERMIT M 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 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 "55", 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 EXHIBIT A 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 07'32" 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. FY.HIRJT A IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of 20 Michael G. Miller City Manager ATTEST: Gayle L. Conrad City Clerk STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 20 , before me appeared Michael G. Miller, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. My Commission Expires: October 8, 2004 Delores G. Needham, Notary Public EXHIBIT A N P9 r) CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of I , the Cape Girardeau Citv_ Council t considered he application for Special Use Permit dated 4/25/2001 filed by First Assembly of God Church of Cape Girardeau for the p: operty located at 3700 Block of Old Hamper Road in Cape Girardeau, 3 -- -Girardeau, - - Missouri for the purpose of constructing,maintainingand o eratin a da care Missouri -- -- --- --—_.p - g - �, center. _ - In examining this application, the following factors were considered and found as noted: THE APPLICATION IS: Approved Denied X Approved with conditions specified on attached Special Use Permit (SEAL) AT TEST: City Clerk CITY OF CAPE GIRARDEAU, MiSSOUP.I Mayor 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 o'. 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. Follo,.ing consideration of the application, the requirements of Section 30-39 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved Denied X Approved with conditions specified on attached Special Use Permit (SEAL) AT TEST: City Clerk CITY OF CAPE GIRARDEAU, MiSSOUP.I Mayor VETERANS k MEMORIAL DR. ,1 I — — S 1.\H DF ALIEN f \ WkD iaf \ TRAW ARABIAN EAR a pc OR OR. `•I g I \ ' � /l �,. % — —EATLEEM LEE DR Is, YIN S to TCRY HtM11ER �'9} Lrl1 w\ was DR v- i IfJOHGiON SS Rgfi aDV IBcL — � s OR I CafS / iVRCy, JASMINElN. PLVMB W000 9P\ ( II � � C� RORHO1 DR. S I 1 -' cANNav a ROSE 11 ?�' / LN. -' MAGNOLIA C .t / i \ SEEM OR. / I \ GRANITE DR PATRIOT MELROSE / 5y 30ee rA� r�s� fly^ HILLS DR I,AGE ° RD.OR I __ i eaRTR OR a 1 r`y OSAGE e o j s\ARROWHEAD COMMUNITY C'- ANNWOOD s cT. CENTRE CAROLE WO"� N DR.Y BEA�R(77E.EIL DR. \ VALLEY NEW LN. J" �. BRf_C✓fNRIDOE i �� �E / \ FACIE RIDGE BRECKE�IDCE DMR THOMAS FAWN DR. HOPPER _ _ ROAD — _� \ a N U AOR HOPPER SS < RD. PHEASANT i DR. HQ"PER 'v RUN S STAG COLIMLS ST. I OAKIANO DOGWOOD i g ADELINE PAW_ = GLENN BEAN DR. Sa,ITN LAKE \ g DR. & 4 (b iCµA dA. CHRYSLERJ ENCq A � S > f A L CORPOF2AIE Su$V E� \ 4 T 5 ag 3 BcR ,Sl I, o p• m �QO1 C R , ,p `�J'{'Y i P I \\ t� < BORAUU a2 NAL' °+iS DR. \ w MSTfRIA DRQ` �\ R ASPEN41 I. \ JUUC GR 3i s SPRUCE 1 SHENANDO g U MIMOSA \ 'W THEMIS - `rJ W \ RIOCE CT. F KIMBEFr1Y Sl g y DR. \ gb h WMTENER ST. MISSOURI ROUTE "K.. LYNN on. 00EPENDBCE 1 \ E%CHANGE OR. n C0 RD\ u v PROFESSIONAL CT. C PERCY �, Q� e n 1 L SHERaI 7ti S 7p ' = Og r we _ CAVE DR. Q _ 2 RC Hr, 203 I Q GOR"O Adi 4 CAM tEa y WICLI OR. AAq FEL m a *� L a \ CE SI. e 9-1 LK 74 LOIL 1rR/AR ut l 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 irardeau for a Special Use Permit for a church and (recreation complex)and day care andearning centers`'in 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 V 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 SLretarf 19 CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Special Use Pen -nit 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 . .!�V- aA�4 - S cretary CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning ❑ OR Special Use Permit 0 Dile No._ 999 Address of Property 3700 Block Old Hopper Boeui CI'TY PLANNER/DEVELOPMENT SERVICES COORDINATOR 1. Is present use consistent with present zoning? 5 2. Is plat sufficient`? 3. Will intended use conform to requested zoning? 4. Has intended use already conuuenced? 5. Comments: �irJTlr.- c t/—,4� Cit Panne: /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: V ZV_ City ttorney Date .:..........................................................................� CITY M)IAGER REFERRAL TO PLANNING AND ZONING COMMISSION: ity Manager, Michas G. Miller Date . . . . . . . . . ■ .. ■ . . . ■ ..... ■ . . . . . . . ..... . ■ ...... ■ .............. a . a ... ■ ....... 0 . a . a ■ 1 PLANNING SERVICES STAFF: 1 . Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date Revised 4/21/1998 V City of Cape Girardeau, Missouri Application For Rezoning - ❑ OR Special Use Permit - R Date Received in Planning Services 013ice: A_a5 D i By: -11Y—_ 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 hasebal] 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 mast Parcel No. 15-816-00-01-007 3719 Hopper Rd e N ,_ i ._ Cape Girardeau, M0 3. Names and addresses of all legal owners of tract: First Assembly of God Church of Cape Girardeau, Missouri V hi j, rr, , P,!: 750 N. Mt. Auburn Road Cape Girardeau, Missouri 63701 4. Present zoning classification K] - Single Family 5. Requested new zoning classification: N/A K Requested special use: The First Assembly of God Church requests to nui;d i c:Aurch and recren ior. complex in a single family residential area. 7. Person handling this application (name, address, phone number): Paul Ridl_en Smith & Company 901 Vine Street Poplar Bluff, MO 63901 8. If -tract is to be transferred, name and address of intended owner: N/A W APR 24 '01 02:01PM ASSEMBLY OF GOD P•2i2 Page 2 9. I STATE UPON MY OATH T14AT ALL THE INFORMATION CONTARgED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): Name Date Name Date D51- Z-.3 zW SECTION B 1. Legal description of tract: Please attach a copy of the latest deed to the property. Attached Page 3 r) 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. QVI-'FI"NJ 9- 1. List names and addresses of ALL adjoining lando-vners. Include land which corners on tract or which is across streets or alleys. Attached W Page 4 2. With this application, the application must deliver to the Planning Services Division a stamped, plain business envelope addressed to each of the individuals listed in Section C, No. 1, of this application. Enclosed SECTION D State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. The site will be us -ed 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. 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. 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. e) Revised 10/3/00 I98153 nu %7PAG(%9 GENERAL WARRANTY DEED U 17 b7 -S THIS INDENTURE, Made Dn-the 30TH day of QCTOBE:R J 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 £LSIE M. PEETZ, 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 GIR.ARDEAU, MISSOURI, a pro forma -corporation organized under the laws of the State of -Missouri, of the County of Cape Girardeau, indhe 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 Confirm,.unto the said Grantee, its successors and assigns, the following described Lots, Tracts or Parcels of Land, lying, being -and 7situate 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 marking the Northeast comer 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 town iron axle ma.rldng 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 "55"; 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, 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 87 degrees 54' 06" East, 656.09 feet to the place of beginning. Bom %7PAC[%O � 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 90 degrees 07' 32" East, 149.96 feet to the beginning of a curve concave to the Southwest -having a central angle of 90 degrees 07'32" 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' 1i0" East, 30.90 feet to a point on the North line of Section 34; thence along said North line, South 90 degrees 00' 00" East, 5251 feet to the point 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 andunmunities -thereto belonging or in anywise appertaining unto the said Grantee, and unto its successors and assigns, FOREVER, the said Kenneth Siebert and Elda M. Siebert, husband and wife; Edwin J. Peetz and Elsie -M. 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 any encumbrance done or suffered by them or -those under whom they riaim, (EXCEPTING however -taxes -and assessments, general and special, not now due and payable; zoning, occupancy and building ordinances, if any; easements and restrictions of record; environmental protection laws and regulations; rights of the public in and to parts thereof in streets,soads or alleys; and matters ANT title to which might be disclosed theb�d Grantee, andthat untothey its successors and assignsDFOI�ZEVEKeagainst the said premiscesunto 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. Kenneth Siebert Elda M. Siebert Edwin J. Peetz Elsie M. Peetz V Dennis and Barbara Sexton City of Cape Girardeau John Hoffman 533 W. Highland 401 Independence 376 County Road 317 e Girardeau, MO 63701 Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Dorothy and Renfro Digirolamo Jewel Habeck Jay and Deborah Reisenbichler 1002 Camino 391 1 Hopper Road 1003 Oak Ridge Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Avery Cox Fred and Gearline Lawson Judd and Jerri Marquis 3719 Hopper Road 1105 Bella Vista 3713 Hopper Road Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Robert Dodson and Nancy Duschell Terry Scarber Frank Debra Braxton 3317 Kage Road 1003 Dearmore Court 1315 Ashland Hills Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Dennis and Marlene Long Mary Ellen Bean Nancy & Sandra Simmons 1002 Dearmore Court 1727 El Rio Drive 1003 Camino Court Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 r) Timothy and Nancy Quigley Thomas and Karen Neumeyer Thomas and Linda Schild 3726 Hopper Road 1496 Bellevue 3718 Hopper Road Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Jayne Perry James and Sandra Shandy Lonnie and Brenda Hasty 3714 Hopper Road 3702 Hopper Road 3701 Hopper Road Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Steven and Alicia King Arthur and Naomi Suzuki Patrick and Paula Suzuki 719 W. Highland Drive 2213 Dawn Avenue 627 W. Highland Cape Girardeau, MO 63701 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 n ir N Not to scale V r) r) it N Not to scale V V m r) 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 ntione�i Sped U Perini . I 1 oldo�/e�wy1J /J'� a3?y��,.��� / 1 Li 5 33 rc'. 5 r ',)0D cld �+ 3 old t -la flll� P X - 22 4'r 2T;/ 11 Ct/L G nv�L r) 15 4f ()I (I t+-0C�er 17� //y 0/J 401'r'- exp 01'rrexp h4VP,9Pr-. I�L A- 3EcI Gid 3 3, 7 ter? 3�42� 0,�4O�zw 20 D�o 17� �_ —� 3 so/ CZDl/A'cGC is,� 3`1y� olds ,� 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. 1I NAII ADDRESS SIGNATURE Y'�T:�.�7%���.�R•�1,���:1►a.��.a-Z�.��ls.�f1•Y.�U:�� • mit 00_ i l n I?C 59 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.. NAME ADDRESS SIGNATURE 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 y3 ('L 3 5ob uv. We the property owners adjacent to the above mentioned p do hereby express our oppostion to the above nt ned S �3o 01� COPi' / /� c� 22 13 Cid 23 4. 24 6.- ��-- O 7� r /7 J -3 iI J h' 10 . f-f,� 1, k �d 14, J ct4 4-w 15 37 tS" 61J f4�- PJ16 36� f' 32 i lland Old Hopper road se Permit. F33 tk), 14 -1 ICA n-1, GJ. }4;ghlGn� :3/161 did wwcc (fid " q 0101 (la 44tfrr M 7�¢ D[4[�pref kc oi%d inP�� 346ylo old /ky)PPr 2,�� ��. - A i , W I IIc I ir;t ,1s;rn1hIN, of Cod Church o1 Cape C;irardeau ha; rcyucsted a Special Use Permit I,()[ - 111C3700 block of'Old Hopper Road to build a church, recreation complex. daN care center. Icarning, 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 401 INDEPENCENCE CAPE GIRARDEAU, MO 63703 t •_ _ �•��� p 4\ L'ti:�`=J = 27� �... Y�'t �ix�. .r:f� �Y. �'_.j rVs�'_ 1AJAAk TELL THE CITY NO! IF RESIDENT 3445 GLENVIEW DRIVI1 L _ _ jj jjj }} ({i jj j}CAjj Pjj(Ej GIRARDEAU, RjjDjj EiiAUjj, MO 63701 iii1111il1i1111111,11itltIiliiiiliIIIII[ji111 111111liillllill w 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 V r) n DRAKE J. KAMBITCH Mav 11, 2001 City Mayor and Cite Council City of Cape Girardeau 401 Independence Cape Girardeau, MO 63703 Gentlemen: MAY 1 4 , 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. Sincerely. y K" Dra<e J. Kambitch Jean M. Kambitch 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 RECEI f APTHE PARTS PROFESS/ONA" SWCE 1909 Ae 77 `� , . � t-diZ � C7L� j�-�sC� �-Lf-✓�� `� � v � 7TH �� o wcr � T4e VJ t s F{ 6-, C- Tt N g f� K o 0- 111:5 NiEa 0, ffip O/L,�4o Ds "J 1 Stt�S � �,f � �►�Ovl� M • W" � - ARrAUTOs THE PARTS P/ O SS/ONoUS SME 1909 � z 77,k 370o OIC A016L P�'1 W Nv4tig /'ti xmve 3l0 + ay) t Pin- �PL5 Steve & Mary, Brianna(13), Adam(9), & Chleo(6) LeGrand 3618 Old Hopper Rd. Cape Girardeau_ MO 63701 May 24, 2001 Mayor 8 City Council 1'. O. Box 617 Cape Girardeau. MO 63701 Dear Mavor & Council Members: 1 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, 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. "['his 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 ahility for future expansion is even more frightening. The ; job' of a church is to grow. This would only 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! 1 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. Sincerel Steve LeG nd Mary L rand Brianna L r Adam LeGrand Chlf,O Le&r"ojt7d Chleo LeGrand W" �= r) w The First Assembl% 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, da, care center, learning center and parking for 1,%00 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 4y NO THE SPECIAL USE PERMIT! SEND YOL:R 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 2M c;fy y . C,�y a � Caere �irara�eau R' GUi �C aA2I/ Z are say use �er�r �z` re� ues� �ss e 6/ of bra y re c,qe a t� i n ca , Q�P/y Ga/ -e ceh z`er p a /tea u h z` a ira ff; a� a o 7'� l a h ol CY Q h� q 9e �ra�e rZ�y Ya �u es. W" J- Cade61 %rctrd�a u /tea �3��i /gay �s aoai c;fy y . C,�y a � Caere �irara�eau R' GUi �C aA2I/ Z are say use �er�r �z` re� ues� �ss e 6/ of bra y re c,qe a t� i n ca , Q�P/y Ga/ -e ceh z`er p a /tea u h z` a ira ff; a� a o 7'� l a h ol CY Q h� q 9e �ra�e rZ�y Ya �u es. W" W 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. r) 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 %Simons 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 ttECEIVM MAY Z 9 20 25 Mav 2001 City Mayor and City Council City of Cape Girardeau 401 Independence Cape Girardeau, MO 63703 Ge- lem PTI: 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 'ro: City Mavor 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! VA/hen 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 Is' 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, design., andtsupervise errace systems.construction 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 ��'11 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 home 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. Nancy (:aldwell Ayers Van Ayers �)f f 01'11cc: 243-1407 cxt. 1 15 or icc: S73-SFi$ 3344 FROM : SHARON HOSLER RN Kathy Fitzpatrick 3722 Old Hopper Road Cape Girardeau, ;A40 63701 31 May 2001 Mayor Spradling City Council City of Cape Girardeau 401 Independence Cape Girardeau, MO 63703 PHONE N0. 57:33342353 Jun. Di 2001 03:14Phl Pc 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 subdl\ ision. 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 Junc 12. 2001 Planning and "Zoning Commission P.O. Box 617 Cape Girardeau, MO 63702-0617 l'o Whom It May Concern: Once again we have been asked to submit our views on the proposed First Assemble 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. Sincerelv, Sandra SlmlllonS 1003 Camino Court Cape Girardeau, MO 63701 Nancy Simmons 1003 Camino Court Oahe Girardeau. MO 63701 Enclosure V r11 -071M 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. 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 V IN KtutivtU AUL) — I Zoul r) 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. Ir, 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 conserving and protecting property and property 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. Respectful ly, Sandra K. Simmons 1003 Camino Court Cape Girardeau, MO 63701 cc: Councilman Tom Neumeyer Councilman Frank Stoffregen Councilman Richard Eggimann Councilman Jay Purcell Councilman 13. Hugh White Councilman Matt Hopkins V W KLCEIVEO AUG — 1 20n1 Julv 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 -t 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. The day care anvwav you look at it is a business. They chars,c 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, vet the City sees no tax dollars from it. A day and a hall atter 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 \'our home without written permission I rom 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 F,ngineer and the Police Department. A citation was eventually given to the construction company. You need to think long and hard ahout your decision and how greatly you will affect a neighborho<xi. There is an old saying you reap what you sow. "['his someday could be your neighborhood. n 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. Ammons 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: RECEIVED JUL 3 01AM �i While addressing the members of the Planning and 'Zoning Commission at tneir 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. I low can an amphitheater be "tasteful" in a residential neighborhood? "'fly 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 entrance" is already a hazard without the addition of any other problems. If a "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 he taxpayers and property owners vvho will pay for street repairs and improvements that v,111 undoubtedly be needed in the not so distant future if the plans of the church come to fruition_ 1 doubt that the feelings of Pastor Brothers, mernbers of the Assembly of God Congregation or members of the City Council would be any different than ours if they ��cre 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; Sandra F. Shandy 3702 Old hopper Road V W%ft July 30, 2001 i 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 W 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. Sincerely, Dorothy DiGirolamo 1002 Camino Court Cape Girardeau, MO 63701 r) 7/29/01 W.R. Mercer 3821 Fawn Dr. Cape Girardeau, MO 63701 Mayor A.M. Spradling C/O ('it% flail 401 Independence Cape Girardeau_ MO 6370, Deal- Mayor A.M. Spradling Int I am vwriting you in opposition to the Special Use Permit for the First Assembly of God Church on the site located offof Old I topper Road. ']'he 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 untair to the existing residents who should carry more weight. Secondly, this is a residential area. Families with lots of small children live in this arca. Kage and Old Hopper Rd. arc_ and were not built to accommodate the traffic load from this type of development without dangers to the residents. In addition to this the\, arc 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'the\, want to build homes around it knowing in advance. Third, you are asking the existing residents toaccept traffic. noise, runoff, and etc. that they had no reason to expect whcrn 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 hackyard. 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. W.R. Mercer JAMES L. SHANDY 3702 HOPPER ROAD CAPE GIRARDEAU, MISSOURI 63701 573-335-6468 August 1", 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 GIRARDEAU,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 trance 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: I . 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 (E,h). 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. 243 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). f 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,31._ 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 0-e- U.S.C, Article 1). 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 REP['TATION AND FUTURE OF THE CITY" OF CAPE GIRARDEAU', AND VOTE NO to the above proposal at the August 6"i, 001 Council meeting_ Sincerely James L. Shandy P& 3606 Old Hopper Road DRAKE J. KAMBITCH Cape Girardeau, Missouri 63701 (573) 334-0394 Fax (573) 334-8041 August 1, 2001 City of Cape Girardeau City Council 401 Independence St. Cape Girardeau, MO 63703 Dear City Council Member: 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 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. J V 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 t 1 or impossible for rescue vehicles to respond placing property and life in jeopardy. The traffic �.! 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 R1 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. 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 RI 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 US Constitution guarantees freedom of religion but it does not guarantee a day care center, an � amphitheater, a recreational center, a learning center, a parking lot, a lake, a walking path or a TV v 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. Sincerel rake J. Kambitch Jean M. ambitch w 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 r) W F& 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. WN PETITION TO OPPOSE THE PROPOSED SPECIAL USE PERMIT FOR THE PROPOSED FIRST ASSEMBLY OF GOD CHURCH OF CAPE GIRARDEAU FOR THE 3700 BLOCK 01-701-1) 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. 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. Gn 7- /Z /z l3 1�7" 1,15— / 6- 1,7 V 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.. n Wks n PETITION TO OPPOSE THE PROPOSED SPECIAL USE PERMIT FOR THE PROPOSED FIRST ASSEMBLY OF GOD CHURCH OF CAPE GIRARDF.A 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 . 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. j 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. 21. : 3/// /,50/PPJ 3 SOS J-('/36',-, Kd- %/�C<--J- � LU. ' 28. G J. 30, 32. (1 L 1 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. NAME ADDRESS SIGNATI TRF 16. , Ul 6 17. 18. 22_ • 23. 26 27. 28. 31. 32. • 2 - Cep!6 kou - . 4. ,��Ieen OdoM I d i40a • 5. 1 ✓110 rh 10 6. 7. 16. , Ul 6 17. 18. 22_ • 23. 26 27. 28. 31. 32. 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 attached Ordinance would accept these Deeds for the City of Cape Girardeau. This ordinance is on your Agenda for your consideration for first reading. Submitted, Kent W Bratton City,oanner Michael G. Miller City Manager 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 I. The City of Cape Girardeau, Missouri hereby accepts a General Warrant}' 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 89°56'17" 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 00°54'37" 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 89°05'23" 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- wn: A tract oI fartd being in the So)uthcaSL Quarter of Section 23, Township 31 North, Range 13 l'.ast, in the Cite and Count, o,f Cape Girardeau, Missouri, nu)re particularly described as f��llo,w5: Page 1 of 2 Commence at the Southeast corner of Section 23; thence North 00°53'00" East, 374.42 feet to C the point of beginning; thence North 88°43'10" West, 232.91 feet to a point; thence North v 00053'00" East, 15.00 feet to a point; thence South 88°43'10" East, 232.91 feet to a point; thence South 00°53'00" West, 15.00 feet to the Point of Beginning. :AR I ICLE 3. This ordinance shall be in full force and effect ten days after its passage and .ippn��al. PASSED AND APPROVED THIS DAY OF 12001. ATI EST: Gavl(- L. Conrad Cite Clerk A.M. Sprtdling, III Mavor Pag(, 2 of 2 W 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. 0 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. Respec fully Submitted, ent M. Bratton Ci# Planner. Michael G. Miller City Manager n 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, MISSOURL 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 conveving to the City of Cape Girardeau, Missouri property 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: Continence at the Northwest corner of said Lot 18; thence South 19°06'22" 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 1750 fret 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°44'29" 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 <,Xccuted by Charles I.. Drury, Trustee of Charles L. Drury Revocable Trust Dated March 6, 1989 conveying too the Citi of Cape Girardeau, Missouri an casement 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: Cotnmencc at dic 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'.1" Fast, 11.44 feet; thence North 55'10'48" West, 17.50 feet; thcncc Soutl1 34 4`)'_2" �ycst, 1feet; thence South 55 l�'S3" I.a�t, 11.95 feet to the place of Page l o f 2 hegnllnlno and containing 543 square feet, nnore or less. IIZ I It I I- The <)tv of Cap: C,Ilardeau, nln 11erehy accepts a Temporal L. Drur v Rcvocahl. Trust � ,:I,t:��1, t1, )II I- :Il executed h�l� (....�;.! ��; I_ I ) rur��. I-rustec of Chal-le" D 1tc',1 \I11cI" 1089 c )IIvcvulg to 1, (IV of Cape C -r wnlcaw Mwoun an easement foIthe Blo"IlliwId Road 11 project, more particulalk described as fl,Ilows, to -a -it: i�l IAT PART OF EOT 15 OI BE_A�I��I�\ER SECOND \\'EST SUBDIVIS) Yy, IN rl IF CH " AND COt'NTY OI-- CAPE GIR:ARDE:AU, MISSOURI, AS SHO\\'\ 1I`. f )RDF -1) IN, III __'.I B3 )) )K Ic, _A"I i':AGL 38, DI-SCRIBE'D AS EOEE( )W° l.ntm�,ncc at the )I'.uli I_,�I 15: thcnCe Snulll H-Co,22­ Ea,t, 97.20 t, tllc pian,I 70 I0 , 534 _ Eaq. 31AA Ica: damce Sulu F-2419- East, 52.79 feet; thence AOrth 6T lo'15" Ean, 72.01 feet; thence North On I- Fin, 54.63 feet; thence Nl)I-th 25'4712- - East, 5319 feet, to the Sl,uthn est right of aw line of ThTr Springs Road; thence -,with said Southwest line, South 285011" I-a,l, 8.8I feet; thence South 22 551" West, 4214 feet; thence along the arc of a non - tangent curve being conca�-e to the >rth« est and hn ing a radius of 309510 feet, a distance of 94.64 feet (the chord of said arc hears South 62°59'33" \Vnq 94.64 in); thence South 63°7131" West, 81.71; thence North 55°10'48" W'eu, 17.50 feet; thence S� nith 3-1'-}9'02" \\gest, 1010 feet; thence South 5Y IO0 3" East, 1115 feet; thence South W-510" \Y' n, 33.18 feet; thence Aonh 19002" West, 52.68 Icn, tO the place of beglnning and containing 5,757, square feet, more or lc'sS. 1. 1 \PvTICI-E g Thk ordinancc'11.,11 h,° in lull i,,rce .trtd cficrt ten clay; after its passage and tpp. .. P:A�SI_D :A\D :APPROVED T1 IN D Y t + I iP A.M. Spradling, III Gay le Irad Cite C;lcr , 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. Respectfully submitted, �rG :'y"W E is'Cunngham Ci Atto Z7ichael G. Miller + City Manager WEC/MGM/dgn 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. is hereby repealed 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 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 4CainStephen C. Strong Interim 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. is hereby repealed 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 -,ralidity 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: WA Gayle L. Conrad, City Clerk , J V V 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, Va4", �1. K Daniel G rd Human R ources Director ichael G. M City Manager 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. (c) Within three (3) 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 -�1��1 : � e.ie�ti•: `'he cii cur,,,stailces eadinq to the recommendat -11c— c di :.c, remedial on attempted b,, ,e depai--', nt , and 2) Evidence presenteCI' record and/or testimony, and hhe disc_ _i.. _amu .d determine Wither it is anuro.,rl"�e_: atched to circumstance is (d) Within five ; days oL con-aucting the aopeals hearing, L''e ci*. =a er or_ his des-gnee shall issue his decisio-, ing, 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. is hereby repealed in its and a new Section 19-9 entitled "Appeals; due process required" is hereb,; enacted in lieu thereof, in words and phrases, to read as follows: Sec. 19-9. Appeals; due process required. a) Job action_ f frp._ ment classification or pay of any non -probationary full time employee, including assignment of disciplinary probation, suspension Without pay, demoti.o_._ vith reduction in pay or termination )f employmenr_, shall be subject to the provislons ' section. :) The department d-r_ect_ .. or designee s�,all meet wish and notice �__c e, �erbaI L .,, in r�7riting of the proposed �is, inary actio.-: and circumstance leading to t':.c proposed disciplinary action. The affected 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. (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 (S) 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 tr;at 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 be renumbered to accomplish such intention. ARTICLE 4. This ordinance shall be in full force and effect Len days after its passage and approval. PASSED AND APPROVED THIS DAY OF 20 A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad, City Clerk V M CITY OF CAPE GIRARDEAU, MISSOURI Im 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. (N11 , MAL/MGM/ml Respectfully submitted, City Manager 1 NORMAL AVENUE ED f o 1 ED�� ----- - ' UNIVERSITY CENTER I 1 ' ' Q KENT LIBRARY ° Q ° W a❑ ❑ w , a❑ w ❑ �zl ❑! > ; z Q ; o Y� BOf � w Q o - W ❑1 ❑ IL JJ' 'P oPosED No ❑ ❑ NC3 ZONE L_J On a O T� El cl El ALI fl ' CE 4 ENGINEERING DIVISION ® ® ® ®®® 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 w City Clerk 20 A. M. Spradling, III, Mayor 5� The Honorable Mayor and CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Council Letter No. 208 Agenda August 6, 2001 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. lil MAL/MGM/ml A Respectfully submitted, , P. E. /amity Engi er Michael G. Miller City Manager VA r) BILL NO. 2001-167 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH 1-,i E MISSOUiII 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 THF CITY OF CAPE GIRARDEAtT, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the C tv 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. PASSED AND APPROVED THIS DAY OF A. M. Spradlina, I!I, Mavor ATTEST: Gayle L. Conrad, City Clerk 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. PC (5) PLANS: The CITY shall have detailed plans prepared at its cost, which V 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 By_ Title Secretary to the Commission Approved as to Form: Commission Counsel j lcontract\tr\tr 16 59 CITY OF CAPE GIRARDEAU By Mayor B City Manager Approved as to Form: City Attorney 61 NEW ORDINANCES CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 235 Agenda August 20,2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members Subject: Amendment to Proposed Property Tax Rates for Fiscal Year Beginning July 1, 2001. At the last council meeting the City Council approved the first reading of an ordinance establishing property tax levies for the current budget year at the following rates: $.32 for the General Fund, $.06 for the Health Fund, $.10 for the Debt Service Fund, $.17 for the Library Fund, and $.79 for Special Business District #2. These rates were the same rates as allowed by the state in the previous year. Under current state law, the State Auditors office is responsible for calculating the allowable property tax rates that meet Hancock Amendment requirements for each political subdivision. These calculations and the allowable property tax rates were just received by the City today. The allowable rates are lower than the amounts that were included in the first reading of tax levy ordinance because of increased assessed value from reassessment. Additionally,, the rates this year are rounded to 4 decimal places instead of 2 decimal places as in previous years. This year's allowable rates are the following: $.3128 for the General Fund, $.0586 for the Health Fund, $.1000 for the Debt Service Fund, $.1664 for the Library Fund, and $.7838 for Special Business District #2. Staff recommends that the following motion be made to amend the tax levy ordinance: "The levy rates should be changed from .32 to .3128 in Article I, from .17 to .1664 in Article II, from .06 to .0586 in Article III, and from .79 to .7838 in Article V". Approval of the amended ordinance would implement the allowable tax rates for the current fiscal year. Respectfully submitted, John Richbourg Fina ce Director Michael G. Miller City Manager MGM:gc 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. D 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 $14,500, will be utilized for various improvements within the Special Business District area. Under current state law, the State Auditors Office is responsible for calculating the allowable property tax rates for each political subdivision. These calculations and the allowable property tax rates normally are received between the scheduled August City Council meetings each year. Therefore, there is a slight possibility that the tax rates originally proposed by the adopted budget would have to be adjusted. Any adjustments could be made by amending the attached ordinance on the second and third readings. In order to complete the fiscal requirements of the current budget year, it is recommended that the City Council hold the advertised public hearing and give first reading to the attached ordinance which would implement the tax rates for the current fiscal year. Respectfully submitted, Joh R. Richbourg F nce Director Michael G. M—iTler City Manager MGM:gc BILL NO. 2001-168 ORDINANCE NO. AN ORDINANCE PROVTDING FOR THE LEVYING OF THE ��' TT "AX; .,TBRAR`_' FtmTD "'AX; ANNUAL CITY PUBLIC HEALTH TAX; DEBT SERVICE FUND TAX; SPECIAL BUSINESS DT_STRICT NO. 2 TAX; FOR THE FISCAL YEAR END'NGON THE 30TH DAY OF JUNE, BE I ORDAINED BY THE CO✓ CI= THE TTY OF (7 !PARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. There is hereby levied for the fiscal year ending on the 30th day of June, 2002, a city revenue tax of Thirty -Two Cents ($.32) on the One Hundred Dollars Tine Cents ($100.00 assessed valuation of all property within the city limits ;r;ade taxable by law for state and county purposes and not by general -aw exempt from taxation for municipal purposes. ARTICLE 2. There is hereby levied for the fisca' year ending on the 30th day of June, 2002, a library tax of Seventeen Cents ($.17) on the One Hundred Dollars ($100.00) assessed valuation of all property within the Municipal Library DIstrict of the City of Cape Girardeau made taxable by las; for state and co•.=t . purposes and not by general law exempt from taxation for municipal purposes. ARTICLE 3. There is hereby levied for the fiscal vear ending on the 30t1 -i day of June, 2002, a public health tax of Six Cents ($.06) on the One Hundred Dollars ($100.00) assessed -valuation of all property within the city limits made taxable by lay% for state and county purposes and not by general law exempt from taxation for municipal purposes. ARTICLE 4. There is hereb,� levied for the fiscal- year ending on the 301.1'. day of June, 20'__'2, a debt service fund `e'en Cents on the One Hundred Dcllars ($100.00' assessed a nation of all pronerty within the made taxable _, _ for state and county purposes and nc �en�,ral law exempt t anon for munici pa'. n�_irposes . ARTICLE 5. There is hereby levied for Special Business Distric' 'I-,. 2 of Cape r-.rdeau, f✓. -;our; for seal year 30th day of ��, 20';2, tax Tine Cents 2 of C�p�._:. W _rlxat_lon. V 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 ZUND APPROVED THIS DAY OF , 2001. A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad, City Clerk IN W CITY OF CAPE GIRARDEAU, MISSOURI NOTICE OF PUBLIC HEARING A public hearing, %vill be held August 06, 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 Current Tax Year Prior Tax Year (by Categories) 2001 2000 Real Estate $296,550,450.00 $268,170,210.00 Personal Property 89,474,686.00 87,280,450.00 Railroad and Utility 20,101,731.00 18,858,127.00 TOTAL $406,126,867.00 $374,308,787.00 Amount of Property Proposed Tax July 22, 2001 City Council of Cape Girardeau, Missouri By: Gayle Conrad, City Clerk Tax Revenues Rates for 2001 Fund Budgeted for 2001 (per $100) General Fund $1,215,886.00 $0.32 Health Fund 227,979.00 $0.06 Debt Service Fund 379,964.00 $0.10 Library 557,500.00 $0.17 TOTAL, $2,381,329.00 $0.65 July 22, 2001 City Council of Cape Girardeau, Missouri By: Gayle Conrad, City Clerk CITI' 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 I fall, 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 %vill 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 2001 $2,294,080.00 Proposed Tax Rate for 2001 (per $100) $0.79 Prior Tax Year 2000 $2,097,310.00 City Council of Cape Girardeau, Missouri By: Gayle Conrad, City Clerk 1w V Office of the City Manager Council Letter No.. 217 Agenda August 20, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau Dear Mayor and Council Members: SUBJECT: AMENDING SECTION 15-16 OF THE CITY CODE RELATING TO PROHIBITING SELLING OR SOLICITING CONTRIBUTIONS ON PUBLIC STREETS, INTERSECTIONS OR SIDEWALKS At its August 6, 2001, meeting, the City Council directed City Staff to prepare an ordinance amending Section 15-16 of the City Code to prohibit selling or soliciting contributions on public streets, intersections or sidewalks. The majority of that section was adopted on May 21, 2001, for the purpose of setting forth a detailed list of criteria to be used in approving organizations desiring to conduct those activities. Accordingly, attached hereto is a proposed ordinance amending Section 15-16 of the City Code. This ordinance is identical to that section as it now exists, except that the list of criteria and the process for Council approval has been removed. This ordinance is on the agenda tonight for first reading consideration. WEC/MGM/dgn :i] Respectfully submitted, riCunningham C y At ey Michael G. Miller City Manager W AN ORDINANCE AMENDING SECTION 15- 16 OF THE CITY CODE, RELATING TO PROHIBITING SELLING OR SOLICITING CONTRIBUTIONS ON PUBLIC STREETS, INTERSECTIONS OR SIDEWALKS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 15-16 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled " Peddlers, merchants or other persons selling or soliciting contributions on streets, sidewalks; restrictions; city council authorization", reading as follows: Sec. 15-16. Peddlers, merchants or other persons selling or soliciting contributions on streets, sidewalks; restrictions; city council authorization. (a) Streets, sidewalks. Except as specifically authorized by the city council pursuant to subparagraph (b) of this section, no peddler, huckster, hawker, vendor, merchant or any person soliciting contributions shall conduct that activity in the public streets, intersections, medians or sidewalks, nor shall such person have a stationary location or operate in any congested area where his operations might impede or inconvenience the public. This section shall not apply to the commercial selling of newspapers on sidewalks. (b) City council authorization; criteria. The city council shall only authorize the activities referred to in this section using the following requirements: ( 1) Approval shall only be issued to charitable organizations showing proof of their tax- exempt status under Section 501(c) of the Internal Revenue Code, and having an association to the City of Cape Girardeau community. ( 2) Ail persons or organizations desiring to obtain city council approval pursuant to this section shall submit a written application to the city clerk on forms provided by the chief of police, at least thirty (30) days prior to the activity, providing the following information: a. The requested date, time and specific locations. b. Name of organization represented and proof of Internal Revenue Service tax exempt status. c. A statement of how participants will be identified as members of the organization. d. The objective for the funds. ( 3) All participants must be at least eighteen (18 ) years of age. ( 4) All children under the age of eighteen (18) years are prohibited from accompanying participants. ( 5) The city council must be satisfied from the past record of any applicant which has conducted activities authorized pursuant to this section that that applicant will conduct the event in a neat, safe and orderly manner. A report shall be made of each event by the police department. A copy of that report shall be submitted to the city council along with any subsequent application filed by the organization for authorization under this section. ( 6) The city council may take into account traffic problems, construction activity, or other scheduling issues in deciding whether to approve an application in whole or in part. 2 SaiCUy VCSLS iy L.ilc -- r. or his designee. If at any time a participant fails to properly wear a safety vest, or to conduct such activity in a neat, safe and orderly manner, the city police shall order the activity stopped immediately. All organizations must sign a waiver that if any of its participants are injured on city property the city will not in any way be responsible for their injuries, and that all risk will be borne by that organization. ( 8) The chief of police or his designee shall maintain a calendar that schedules the solicitation/sales events approved pursuant to this section. Said calendar shall be maintained to allow no more than one (1) such solicitation/sales activity per calendar month. Dates for these events shall be granted on a first request basis. No organization may have more than one (1) such event in any calendar year. ( 9) Participants are prohibited from crossing lanes of traffic or darting between vehicles at all times. (10) Any event authorized pursuant to this section shall only occur during daylight hours after sunrise and before sunset. 1s, ��aed in its entirety, and a new Section 15-16 entitled "Peddlers, merchants or other persons prohibited from selling or soliciting contributions on streets, intersections, sidewalks; restrictions; exceptions" is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 15-16. Peddlers, merchants or other persons prohibited from selling or soliciting contributions on streets, intersections, sidewalks; restrictions; exceptions. No peddler, huckster, hawker, vendor, merchant or any person soliciting contributions shall conduct that 3 or sidewalks, nor siiali such person nave a Star io ia y location or operate in any congested area where his operations might impede or inconvenience the public. This section shall not apply to the commercial selling of newspapers on sidewalks. 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 I 11-J 20 ATTEST: Gayle L. Conrad, City Clerk A. M. Spradling, III, Mayor 4 Office of the City Manager Council Letter No. 218 Agenda August 20, 2001 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: SUBJECT: Record Plat for Sherwood Valley Subdivision This Council agenda item provides for consideration of the record plat of Sherwood Valley Subdivision. This subdivision is located between Sherwood Drive and Bookwood Drive. The subdivision plat was approved by the Planning and Zoning Commission at their meeting on August 8, 2001. The vote to approve the plat was 10 in favor with none in opposition. There were no citizens present in opposition to this subdivision. It is recommended that the Council give first reading consideration to the attached ordinance accepting the record plat for Sherwood Valley Subdivision. L A Submitted, Kent Michael G. Miller City Manager n AN ORDINANCE APPROVING THE RECORD PLAT OF SHERWOOD VALLEY SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,. MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Sherwood Valley Subdivision, all of Lot 8 of Brookwood Hills Subdivision, a subdivision on file in the land records of Cape Girardeau County, Missouri, in Plat Book 6 at Page 9, and that part of Fractional Section 25, Township 31 North, Range 13 East of the Fifth Principal Meridian City and County of Cape Girardeau, Missouri, submitted by Shirley A. Harrison, a single person, bearing the certification of Wayne Koehler, a Registered Land Surveyor, dated August 10, 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. 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 n. A. M. Spradling, III, Mayor W J 0 0 W 2 r b� E b I � �s g 0 r b� E b I s �l �I (MVM M MN) !Ego W C b� b I � !Ego W C Office of the City Manager Council Letter No. 219 Agenda August 20, 2001 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: SUBJECT: Record Plat for Woodland Place Subdivision #10 This Council agenda item provides for consideration of the record plat of Woodland Place Subdivision # 10. This subdivision is located north of Lexington Avenue and includes the connection of Kent Drive to Lexington Avenue. The subdivision plat was approved by the Planning and Zoning Commission at their meeting on April 12, 2000. The developer has requested that the Council consider this record plat for first reading prior to the submission of escrow sufficient to cover the costs of the improvements for this subdivision. The developer has indicated that he will submit escrow for this subdivision prior to the 2' and 3' readings by Council. It is recommended that the Council give first reading consideration to the attached ordinance accepting the record plat for Woodland Place Subdivision # 10. Respe fully Submitted, Kent M. ratton City Panner Michael G Miller City Manager :0 AN ORDINANCE APPROVING THE RECORD PLAT OF WOODLAND PLACE SUBDIVISION NUMBER 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,. MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Woodland Place Subdivision Number 10, a resubdivision of Lot 2 of Woodland Place Ninth and of Lot 1 of Woodland Place Second, both subdivisions located in the City and County of Cape Girardeau, Missouri, submitted by Randol Farms Development Company, Inc., by P. David Gerlach, President, bearing the certification of Scott A. Richards, a Registered Land Surveyor, dated February 24, 2000, is hereby approved. ARTICLE 2. The City Clerk is hereby directed to sign the record plat with the date of Council approval and affix thereto the seal of the City of Cape Girardeau, Missouri. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 20 A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk Itlnossm 'ny30tlyNq 3dy0 !0 All:)JNl "'0 / _ ----- --_--_----- -_'- S3yyN10V003 VWd Ny:S NO Olsve :lay SONIay3B � fMbai.Or1 2 � a U. V) e4co 7 O� 3 I W O f=i) z 5 LZ ' LU G p Ix Z Uj Q 8 CC H o� OWO tFi) O o y N- O�� 2IX0 000 P 423 � b � a x I NOISwOOnS ON003S I 30y1d ONyl000M !0 3Nn 1s3M 1 0 I o j ,oz-vsz M .Lt.19A0 N — — 0Ny1000M !0 1 10, '•v° g 40 3M7 153M IVN*IHO n I z g n ur ?!3 I lO g i 1N3n3Sy3 .0 .G6'69 =moi o P S.00 N 2 3 .ct.>SAC 5 3p 555 0� J I/-- ageo—- i 3 _A ID M ' 1t.. r i NouM a 7rn .ss. L u OW HF 2 S u 1 1•_ } \ h^ S0 Ur > Q eci L U Zza Ua Q y I 3< _ oa-`- qqx Old a 6 a 8 _ -0 V J • ,iA b 3 _A ID M ' 1t.. r i NouM a 7rn .ss. L CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 220 Agenda August 20, 2001 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: SUBJECT. Record Plat for Universal Real Estate, Inc. Townhouse No. l - Amended Subdivision This Council agenda item provides for consideration of the record plat of Universal Real Estate, Inc. Townhouse No. 1- Amended Subdivision. This subdivision is located on Patriot Drive. The subdivision plat was approved by the Planning and Zoning Commission at their meeting on August 8, 2001. The vote to approve the plat was 10 in favor with none in opposition. There were no citizens present in opposition to this subdivision. Two variances were requested with this subdivision and are reflected on the plat. Variances were requested to the minimum lot width of 60 feet and the minimum side yard requirement of five (5) feet. There is a total lot width of 64.5 feet for the two lots and no side yard between the two housing units. It is recommended that the Council give first reading consideration to the attached ordinance accepting the record plat for Universal Real Estate, Inc. Townhouse Na 1 - Amended Subdivision. ally Submitted, * —IL� City Michael G Miller City Manager BILL NO. 2001-177 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF UNIVERSAL REAL ESTATE INC., TOWNHOUSE NO. 1 - AMENDED BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Universal Real Estate Inc., Townhouse No. 1 - Amended, all of Lot 2, Lexington Place Second Subdivision in the City and County of Cape Girardeau, Missouri, submitted by Universal Real Estate Incorporated, by Bradley J. Haertling, President, bearing the certification of Larry D. Dowdy, a Registered Land Surveyor, dated July 2, 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. 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 A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk W n E s j El�� is � s 9 �� nj $ A j -, �pY 2 E lipy ■ cS fit V eve • �RpFe� 12720 r fi A s m4b m 1 (SOL aw.1 'O)oS >om 1 cc" 394'd 'wq �p0� 0 Universal Real Estate Inc. 517 N. Silver Springs Rd Cape Girardeau, MO 63 701 To Whom It May Concern: In reference to the Record Plat of Universal Real Estate Inc. Townhouse No. 1. Amended, I would like to request a variance for the following: 1. Front lot width minimum 2. Side yard width minimum r) Thank you for your consideration in this matter. Sincerely, &'"L %/0 Brad Haertling, President CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 221 Agenda August 20, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Ordinance Accepting Improvements, Levying and Authorizing Issuance of Tax Bill, and Authorize Final Payment Kent Drive Extension At its April 5, 1999 meeting, the City Council passed Ordinance Number 2509 reaffirming the action declaring it necessary to improve Kent Drive from the existing pavement in Woodland Hills Estates to Lexington Avenue with six (6) inches of Portland Cement Concrete thirty (30) feet wide with upright curbs and gutters. The same ordinance also established the manner of payment which corresponded to the terms of an AGREEMENT TO GRANT EASEMENT KENT DRIVE EXTENSION PROJECT between the owner, Randol Farms Development, Inc., and the City of Cape Girardeau. Under this AGREEMENT, Randol Farms Development, Inc. was to give the 50 feet right- of-way and special tax bills in an amount not to exceed the total sum of $ 46,000.00 or one-half of the total construction cost, whichever is less, are to be issued against the lots, tracts and parcels of land fronting and abutting on the extension of Kent Drive. The City Manager was authorized to enter into a construction contract with Lappe Cement Finishing, Inc. on September 7, 1999 by Resolution Number 1495. The developer, Dave Gerlach, was supposed to have installed a storm pipe prior to the paving contractor starting work; however, he did not do so and requested that the City have the contractor install the storm pipe under this contract and stated that he would reimburse the City for this cost. Change Order # l was issued to add this storm pipe installation to the contract. The Engineering Division initiated the procurement of a contract for construction predicated on the information from the Planning Division that the right-of-way acquisition for this portion of Kent Drive was in process. The construction was completed. During the research for the final report information it was discovered that the right-of-way acquisition had not been completed and the City did not own the land on which Kent Drive had been constructed. It has been necessary to hold acceptance of these improvements until the right-of-way acquisition was finalized. The Council gave first reading to an ordinance accepting a Council Letter No. 221 Agenda August 20, 2001 Kent Drive Extension Acceptance Page Two general warranty deed for Kent Drive at the August 6, 2001 meeting. The second and third reading are to be at tonight's meeting. The last of the necessary close-out documentation from the contractor was received in September of 2000. Section 34.057. Public works contracts of the MO STATE STATUTES requires prompt payment by public owner to the contractor within thirty (30) days or pay interest at the rate of one and one-half percent (1.5%) per month until fully paid. Therefore, the City owes the contractor interest through August of 2001 in the amount of $ 258.22. The work was inspected by the Engineering Division, has been satisfactorily completed, and is ready for acceptance into the City's system. The Engineer's Final Report which includes the Apportionment of Cost for the special assessment tax bill is attached. The construction cost is $ 145,111.70. Adding the associated costs, including the interest, brings the total project costs to $ 171,732.43. One-half of the construction cost only is $ 72,555.85; therefore the amount tax billed per the AGREEMENT with Randol Farms Development, Inc. is $ 46,000.00. A separate invoice for the cost of the storm pipe and installation in the amount of $ 4,655.00 has been mailed to the president of Randol Farms Development, Inc., Mr. Dave Gerlach. After the tax bill amount and the storm pipe cost are subtracted from the total project costs, the balance of $ 121,077.43 is to be borne by the City. The attached Ordinance accepts the improvements, levies the special assessment and authorizes the issuance of a special tax bill. I recommend that the Council, by motion, approve the first reading of the ordinance accepting the improvements as presented, levying the special assessment and authorizing the issuance of a special tax bill and authorize the final payment to Lappe Cement Finishing, Incorporated. Respectfully submitted, ZOO Mar A. Lester Ci�tAl Engineer 4— Michael G. Mi er City Manager MAL/MGM/mb Attachments -2 BILL NO. 2001-175 ORDINANCE NO. AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR KENT DRIVE FROM THE EXITING PAVEMENT IN WOODLAND HILLS SUBDIVISION TO LEXINGTON AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. That the work of repairing and resurfacing Kent Drive (a/k/a Kent Street) from the existing pavement in Woodland Hills Subdivision to Lexington Avenue, with six (6) inches of Portland Cement concrete, thirty (30) feet wide with upright curbs and gutters, all as shown on the plans and specifications for said improvement, in the City of Cape Girardeau, Missouri, authorized by Ordinance No. 2550 entitled, "AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR THE MANNER OF PAYMENT OF THE WORK, OF KENT STREET, FROM THE TERMINATION OF EXISTING PAVEMENT IN WOODLAND HILLS SUBDIVISION TO LEXINGTON AVENUE, APPROXIMATELY 450 FEET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI", is hereby approved and accepted. ARTICLE 2. That there be and there hereby is levied a special assessment against the lots and tracts of land fronting and abutting on Kent Drive (a/k/a Kent Street) from the existing pavement in Woodland Hills Subdivision to Lexington Avenue, to pay the cost of repairing and resurfacing said Kent Drive (a/k/a Kent Street) the distance improved and assessed as follows: Randol Farms Lot 2 of Woodland Place Ninth Per $ 46,000.00 Development, Inc. Subd. in the City of Cape AGREEMENT TO P. David Gerlach, Girardeau, MO as recorded in GRANT Pres. Plat Book 17, Page 9 in the EASEMENT 2004 Cape LaCroix Rd land records of Cape Girardeau KENT DRIVE Cape Girardeau, MO County, Missouri. EXTENSION 15-619-00-17-004 PROJECT dated June 13, 1997 ARTICLE 3. These Special Tax Bills bear interest at a rate of four and nine hundred thirteen one thousandths per cent (4.913%), per annum, and shall become due and payable sixty (60) days after the date of issue thereof, unless a proper request for installment payments is filed with the City Clerk within that sixty (60) day period. Every Special Tax Bill shall be a lien against the lot or tract or parcel of land described in said Special Tax Bill for a period of ten (10) years after date of issue, unless sooner paid, except in the case of Special Tax Bills payable in installments, the lien of which shall not expire until one (1) year after the date of maturity of the last annual installment, and except in any case where it becomes necessary to bring suit to enforce the lien of any Special Tax Bill, the lien of which shall continue until the expiration of the litigation. All Special Tax Bills payable in installments shall be due and payable in ten (10) annual installments. One tenth (1/10th) of the amount assessed in these Special Tax Bills shall be payable in the first year after the date of issuance, plus interest at a rate of four and nine hundred thirteen one thousandths per cent (4.913%), payable annually, on the outstanding balance of the tax bill and one tenth (1/10th) of the tax bill plus interest as specified above shall be payable on each successive anniversary thereof for nine (9) years thereafter. If any installment including principal and interest, is not paid when due, then all of the remaining installments shall, at the option of the holder of these tax bills, become immediately due and payable, provided that the owner of the property shall have the privilege of paying the whole of any tax bill in full at any time, or on any annual installment payment date or of paying in full one (1) or more of the remaining installments not of maturity date. In all actions to enforce any Special Tax Bill, the Court shall fix and allow a reasonable Attorney fee, not to exceed ten (10) percent of the amount of said tax bill, to the plaintiff's attorney for his services in the prosecution of said action, and shall tax the same as costs in the proceeding. ARTICLE 4. The Final Report of the City Engineer is attached hereto, and all the information contained therein is hereby approved and incorporated herein by reference. ARTICLE 5. The City Clerk hereby is authorized to make out and issue tax bills against the lots and tracts of land herein described for the amounts assessed against them in evidence of such assessment and payable to the City of Cape Girardeau, Missouri. The said tax bills shall be signed by the City Clerk under the corporate seal of the City, and duly filed for record in the Office of the City Clerk. ARTICLE 6. This ordinance shall be in full force and effect ten days after its passage and approval. V" -2- PASSED AND APPROVED THIS DAY OF , 20 ATTEST: Gayle L. Conrad City Clerk n A. M. Spradling, III, Mayor -3- $� p IDMW iA IT 4F CAPE GIRARD AU CITY HALL OFFICE OF THE CITY ENGINEER Augu s t 14, 2001 401 INDEPENDENCE (573) 334-M P.O. BOX 617 FAX (573) 651-0660 CAPE GIRARDEAU. MO 63702-0617 Engineer's Final Report on the Extension of Kent Drive To the City Manager Of the City of Cape Girardeau, Missouri Dear Sir: I hereby report that the extension of Kent Drive from the existing pavement southward to Lexington Avenue for a distance of 490.79 lineal feet with thirty feet (301) wide Portland Cement Concrete pavement six inches (611) thick, six inch (611) upright curbs, including the necessary grading, excavation, compacting subgrade, establishing drainage facilities, [rebuilding driveways], adjusting manholes and all else necessary to complete the project has been completed by Lappe Cement Finishing Incorporated. The contractor completed the work during December of 1999 in accordance with the plans, specifications, contract and ordinances adopted by the City Council therefor. Change Order # 1 to the contract added the installation of 24" storm pipe the property owner was to have put in before the City project. The owner requested that the City install this 24" pipe instead and stated that he would reimburse the City for the expense. The total cost for this 24" storm pipe installation to be billed back to the owner is $ 4,655.00. The original contract time was sixty (60) calendar days for substantial completion and seventy-five (75) calendar days for final completion which were November 28, 1999 and December 13, 1999 respectfully. The contractor successfully met these deadlines. The Engineering Division initiated the procurement of a contract for construction predicated on the information from the Planning Division that the right-of-way acquisition for this portion of Kent Drive was in process. The construction was completed. During the research for the final report information, it was discovered that the right-of-way acquisition had not been completed and the City did not own the land on which Kent Drive had been constructed. It has been necessary to hold acceptance of these improvements until the right-of-way acquisition was finalized. The Council gave first reading to an -ordinance accepting a general warranty deed for Kent Drive at the August 6, 2001 meeting. The second and third reading are to be at the August 20, 2001 meeting. The last of the necessary closeout documentation from the contractor was received in September of 2000. Section 34.057. Public works contracts of the MO STATE STATUTES requires prompt payment by public owner to the contractor within thirty (30) days or pay interest at the rate of one and one-half percent (1.5%) per month until fully paid. Therefore, the City owes the contractor interest through August of 2001 in the amount of $ 258.22. Engineer's Final Report Kent Drive Extension August 14, 2001 Page 2 V I have computed the cost of said improvement as follows: Unit Completed No. Item Qty Unit Price Price 1. Clearing, grubbing 1 Lump $ 4,620.00 $ 4,620.00 and stripping. sum 2. Curb and gutter 94.0 L.F. $ 12.00 $ 1,128.00 removal. 3. Rubble removal. 140.1 C.Y. $ 17.00 $ 2,381.70 4. Class "B" Excavation. 517.3 C.Y. $ 3.90 $ 2,017.47 5. Earth borrow. 4,391.1 C.Y. $ 7.15 $ 31,396.37 6. 6" P.C. concrete 1,670.67 S.Y. $ 20.15 $ 33,664.00 pavement. 7. 6" upright 992.0 L.F. $ 1.25 $ 1,240.00 integral curb. \j 8. Encase ex. 8" sewer 52.0 L.F. $ 30.00 $ 1,560.00 pipe. 9. Extend existing 19.0 L.F. $ 132.00 $ 2,508.00 manholes. 10. Standard double 1.0 Each $ 2,095.50 $ 2,095.50 inlet. 11. Standard triple 1.0 Each $ 2,843.50 $ 2,843.50 inlet. 12. Horizontal elliptical 76.0 L.F. $ 225.00 $ 17,100.00 pipe (17"x 48") . 13. Horizontal elliptical 2.0 Each $ 2,500.00 $ 5,000.00 pipe F.E.S. 14. Install 21" R.C.P. 0.0 L.F. $ 31.00 $ 0.00 15. Install 24" R.C.P. 163.5 L.F. $ 34.00 $ 5,559.00 11500 16. 24" R.C.P. flared end 3.0 Each $ 500.00 $ section. Engineer's Final Report Rent Drive Extension August 14, 2001 Page 3 17. 18" thick rip rap. 140.85 S.Y. $ 16.00 $ 2,253.60 18. 24" thick rip rap. 65.9 S.Y. $ 17.25 $ 1,136.78 19. Erosion control. 1.0 L.S. $ 4,400.00 $ 4,400.00 20. Clean existing 1.0 L.F. $ 9,000.00 $ 9,000.00 detention basin. 21. Seeding and straw. 3.8 Acre $ 2,975.00 $ 11,305.00 22. Extra Work A. Removed soft area at Station 4+82 to Station 5+02 and replaced with rock. October 25, 1999. Excavation at contract unit price 59.3 c.y. @ $ 3.90/cy $ 231.27 Material Rock 78.33 Tons @ $ 12.00/Tn $ 939.96 $ 1,171.23 15% of material(939.96) $ 140.99 Subtotal $ 1,312.22 B. Removed existing soft area Station 4+78 to Station 5+45 and replaced with rock. October 29, 1999. Excavation at contract unit price 56 C.Y. @ $ 3.90/Cy $ 218.40 Material Rock 63.2 Tons @ $ 12.00/Tn $ 758.40 $ 976.80 15% of material(758.40) $ 113.76 Subtotal $ 1,090.56 0 TOTAL CONSTRUCTION CONTRACT ITEMS LESS PREVIOUS PAYMENTS $ 143,660.58 $ 145,111.70 Engineer's Final Report Kent Drive Extension August 14, 2001 Page 4 INTEREST AMOUNT DUE CONTRACTOR AMOUNT DUE THE CONTRACTOR LAND ACQUISITION/EASEMENT COSTS DESIGN ENGINEERING COSTS CONSTRUCTION ENGINEERING/INSPECTION COSTS OTHER COSTS TOTAL PROJECT COSTS Total length of street - 490.79 feet. V $ 258.22 $ 258.22 $ 1,709.34 $ 3,685.90 $ 18,285.86 $ 3,033.30 $ 1,357.45 $ 171,732.43 On July 7, 1997, the City Council passed Resolution No. 1280 ordering the completion of the Kent Street [Drive] Extension. Ordinance No. 2509 passed April 5, 1999 reaffirmed the action of the City Council, authorized the City Manager to enter into a contract and provided for the manner of payor Special tax bills in an amount not to exceed the total sum of $ 46,000.Our one-half of the total construction cost, whichever is less, shall be issued against the lots, tracts and parcels of land fronting and abutting on the extension of Kent Drive. The Ordinance reflected the provision in the AGREEMENT TO GRANT EASEMENT KENT DRIVE EXTENSION PROJECT between the owner, Randol Farms Development, Inc., P. David Gerlach, President, and the City of Cape Girardeau, Missouri, made on June 13, 1997. Under this AGREEMENT, Randol Farms Development, Inc. was to give the 50 feet right-of-way necessary for the improvement. One-half of the construction cost is $ 72,555.85 which is more than the maximum of $ 46,000.00; therefore, the amount of the special tax bill to be paid by Randol Farms Development, Inc. is $ 46,000.00. This is indicated in the attached APPORTIONMENT OF COST. The cost of the storm pipe the developer agreed to pay for (contractor installed under Change Order # 1) is $ 4,655.00; a separate invoice has been sent to the developer for this amount. The remaining construction costs and other associated costs being borne by the City total $ 121,077.43. Sincerely, Mark A. Lester, City Engineer MAI./mb Attachment -1 Kent Drive Project reference code 302-7010-7315-1950112 Purchase Order No. P 001944 City Project # 4053 APPORTIONMENT OF COST KENT DRIVE EXTENSION AUGUST 14, 2001 NAME DESCRIPTION FRONT ASSESSMENT ADDRESS the City of Cape Girardeau, MO as FEET PER PARCEL NUMBER recorded in Plat Book 17, Page 9 in the AGREEMENT 1. Randol Farms Lot 2 of Woodland Place Ninth Subd. in Development, Inc. the City of Cape Girardeau, MO as P. David Gerlach. Pres. recorded in Plat Book 17, Page 9 in the 2004 Cape La Croix Road land records of Cape Girardeau County, Cape Girardeau, MO MO 15-619-00-17-004 $ 46,00.00 TOTALS $ 46,000.00 Respectfully submitted, Mark A. Lester, P. E. City Engineer MAUmb Kent Drive Project reference code 302-7010-7315-1950112 Purchase Order No. P001944 City Engineering Project # 4053 5-D] IiLl 1-01 CITY OF CAPS GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 222 Agenda August 20, 2001 The Honorable Hayor and Members of the City Council City of Cape Girardeau Dear Mayor and Council Membera:- SUBJECT: FINANCING OF AIRCRAFT MANUFACTURING FACILITIES FOR RENAISSANCE AIRCRAFT LLC At the January 8, 2001 City Council meeting, the Council approved a Memorandum of Understanding between the City and Renaissance Aircraft LLC, pursuant to which, in consideration of Renaissance's commitment to locate an aircraft manufacturing facility in the City, the City agreed to offer certain incentives to assist the Company with acquiring, constructing and equipping the facility, constructing certain road and parking improvements and extending water and sewer ONlines as needed to service the facility. Renaissance has requested that the size of the facility be increased to 60,000 square feet (vs. 50,000 sq. ft. approved in the Memorandum of Understanding) and, if sufficient funds are available after construction of the primary manufacturing facility, that the facility also include a 20,000 square foot addition for office space. Renaissance has been advised, and the legal documents provide, that if the final plans and specifications show that the facility cannot be constructed for the agreed $1,600,000, that it will be scaled back to be within this budget. The proposed financing is structured as a lease/lease-back financing with certificates of participation in the rental payments under the lease being sold in order to provide the funds for the Project. This is a structure similar to several of the City's past financings. The primary documents that will need to be approved by the Council are: 1. around Lease, pursuant to which the City will lease approximately 2.79 acres at the Airport (the "Project Site") to UMB Bank, N.A., as trustee (the "Trustee"). 2. Lease/Purchase Agreement, pursuant to which the Trustee will lease back to the City the Project Site and that portion of the Project to be located thereon (collectively, the Hoa. Mayor & City Council Agenda August 20, 2001 Page 2 "Leased Property"), in consideration of the City's agreement to pay rental payments for the use of the Leased Property. The City's obligations under the Lease/Purchase Agreement are subject to annual appropriation. 3. Sublease Agreement, pursuant to which the City will sublease the Leased Property to Renaissance in consideration of Renaissance's agreement to pay rental payments sufficient to pay the City's rental payments that will be due under the Lease/Purchase Agreement and to pay ground rent to the City as agreed in the Memorandum of Understanding. The Sublease also requires Renaissance to pay any other amounts that the City is obligated to pay under the Lease/Purchase Agreement. 4. Assignment of Sublease Agreement, pursuant to which the City will assign to the Trustee its rights under the Sublease. So long as Renaissance is making the required sublease payments, the Lease/Purchase Agreement will automatically renew, and no further action by the City Council will be required. If Renaissance defaults in making the payments required under the Sublease and the amounts deposited in the reserve funds (approximately $267,625) are insufficient to pay the City's rental payments under the Lease/Purchase Agreement, then an appropriation of other available City funds would be required in order to renew the Lease/Purohase Agreement. If the Lease/Purchase Agreement is not renewed, the City will lose possession of the Leased Property for the remaining term of the Ground Lease (April 1, 2041). In accordance with the Memorandum of Understanding, the Sublease provides that Renaissance is not required to begin making sublease payments until the earlier of (i) 24 months following the City's delivery of an occupancy permit for the Facility, or (ii) 30 months following the date of initial delivery of the Certificates. Because of this, the financed amount also includes capitalized interest for this period. S. Tax Compliance Agreement, pursuant to which the City, the Trustee and Renaissance make certain representations and agree to comply with certain covenants in order to maintain the tax-exempt status of the Series 2001A Certificates. (The Series 2001B Certificates will be issued as "taxable" obligations.) 6. Declaration and Indenture of Trust, pursuant to which the Trustee will deliver $2,645,000 principal amount of the Series 2001A Certificates of Participation and $150,000 principal amount of the Series 2001B Taxable Certificates of Participation. (Each Certificate of Participation evidences an undivided proportionate interest of the owner thereof in the rental payments to be paid under the Lease/Purohase Agreement.) �a4 Hon. Mayor & City Council Agenda August 20, 2001 Page 3 n W 7. Preliminary Official Statement, pursuant to which U.S. Bancorp Piper Jaffray Inc. is offering the Certificates of Participation for sale. The principal amounts of the two series of Certificates may change slightly once the Certificates are marketed and finally priced. Marketing is expected to begin the week of August 20 and the interest rates and other pricing terms will be finalized before the September a meeting. Both Jack Dillingham of Piper Jaffray and Mark Grimm of Gilmore & Bell will attend the work session and council meeting on August 20 and will be prepared to respond to any questions you may have. Respectfully submitted, r" 41n W. 3richam Ci,t Michael G. Miller City Manager BILL NO. 2001-178 ORDINANCE NO. AN ORDINANCE APPROVING THE DELIVERY OF $2,645,000 PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION (CITY OF CAPE GIRARDEAU, MISSOURI, AIRPORT FACILI'T'IES PROJECT), SERIES 2001A,, AND $150,000 PRINCIPAL AMOUNT OF TAXABLE CERTIFICATES OF PARTICIPATION (CITY OF CAPE GIRARDEAU, MISSOURI, AIRPORT FACILITIES PROJECT), SERIES 2001B, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF A PROJECT FOR RENAISSANCE AIRCRAFT LLC; AUTHORIZING AND APPROVING CERTAIN DOCUMENTS IN CONNECTION WITH THE DELIVERY OF THE CERTIFICATES; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE DELIVERY OF THE CERTIFICATES. WHEREAS, the City Council finds and determines that it is advantageous and in the best interests of the City of Cape Girardeau, Missouri (the "City") that the City enter into certain transactions with UMB Bank, N.A., as trustee (the '"Trustee") relating to the delivery of $2,645,000 principal amount of Certificates of Participation (City of Cape Girardeau, Missouri, Airport Facilities Project), Series 2001A (the "Series 2001A Certificates") and $150,000 principal amount of Taxable Certificates of Participation (City of Cape Girardeau, Missouri, Airport Facilities Project), Series 2001B (the "Series 2001B Certificates" and, collectively with the Series 2001A Certificates, the "Certificates"), for the purpose of paying the costs of (1) acquiring and constructing on certain property owned by the City, located at the Cape Girardeau Municipal Airport (the "Project Site"), an approximately 60,000 square foot aircraft manufacturing facility and, if sufficient funds are available therefor, an approximately 2,000 square foot office building (collectively, the "Facility''), (2) acquiring and installing certain fixtures and equipment for the Facility (the "Equipment"), (3) constructing certain road improvements, parking for administrative offices and employee parldng (the "Infrastructure Improvements") and (4) extending water (including drinking and fire suppression) and sewer lines to the Project Site as needed to service the Facility, including hook-up (the "Utility Irnprovements") (the acquisition, construction and installation of the Facility, the Equipment, the Infrastructure Improvements and the Utility Improvements being collectively referred to herein as the "Project"); and WHEREAS, the proceeds of the Certificates will also be used to (1) fund debt service reserve funds for the Certificates, (2) pay the interest distributable with respect to the Certificates on and before April 1, 2004, and (3) pay the costs of issuing the Certificates; and WHEREAS, in connection with the delivery of the Certificates, the City Council finds it necessary to authorize the execution of (1) a Ground Lease dated as of September 1, 2001 (the "Ground Lease"), between the City and the Trustee, pursuant to which the City will lease the Project Site to the Trustee for rent including the deposit of the funds specified therein to pay the costs of the Project; and (2) a Lease/Purchase Agreement dated as of September 1, 2001 (the "Lease"), pursuant to which the Trustee will lease the Project Site together with that portion of the Project to be located thereon (collectively referred to as the "Leased Property") back to the City on an annually renewable basis, and the City will :Hake rental payments to the TYustee that will be sufficient, during any term of the Lease, to pay the principal of premium, if any, and interest distributable with respect to the Certificates as the same become due; and WHEREAS, concurrently with the execution of the Ground Lease and the Lease, the City Council finds it desirable to authorize the execution of a Sublease Agreement dated as of September 1, 2001 (the "Sublease"), between the City and the Company, pursuant to which the City will sublease the Leased Property to the Company for an initial term ending April 2, 2021 (being the day following the final maturity of the Certificates), subject to renewal as described in the Sublease; and WHEREAS, pursuant to the Sublease, the Company will make rental payments for the use of the Facility and the Equipment that will be sufficient to pay the principal of, premium, if any, and interest distributable with respect to the Certificates as the same become due, and will make additional rental payments for the lease of the Project Site, as described in the Sublease; and WFIEREAS, in order to provide additional security for the payment of Base Rentals under the Lease, concurrently with the execution of the Sublease, the City Council finds it in the best interests of the City to authorize the execution of an Assignment of Sublease Agreement dated as of September 1, 2001 (the "Assignment of Sublease"), pursuant to which the City will assign all its rights under the Sublease to the Trustee (other than certain Reserved Rights described therein); NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Section 1. Incorporation of the Preambles. The preambles to this Ordinance are hereby approved and incorporated herein as though set forth in full at this point. Section 2. Approval of Delivery of the Certificates. The City Council hereby approves the delivery of the Certificates described in the preambles to this Ordinance and representing the interests of the Owners thereof in the right to receive Base Rentals payable by the City pursuant to the Lease. The Lease is being executed and the Certificates are being delivered for the purpose of (1) paying the costs of the Project, (2) funding debt service reserve funds for the Certificates, (3) paying the interest distributable with respect to the Certificates on and before April 1, 2004, and (4) paying the costs of issuing the Certificates. The Certificates shall be dated September 1, 2001 and shall be in such denominations, mature in such amounts, bear interest at such rates, be subject to prepayment prior to the stated payment dates thereof, have such other terms and provisions, and be executed and delivered in such manner subject to such provisions, covenants and agreements, as are set forth in the Indenture. Section 3. Sale of the Certificates. The Series 2001A Certificates shall be sold to U.S. Bancorp Piper Jaffray Inc. (the "Underwriter") at a purchase price equal to $ (representing the principal amount of the Series 2001A Certificates, less an original issue discount of $ , less an underwriting discount of $ ), plus accrued interest from the date thereof to the date of delivery of the Series 2001A Certificates. The Series 2001B Certificates shall be sold to at a purchase price equal to $150,000.00, plus accrued interest from the date thereof to the date of delivery of the Series 2001B Certificates. The City hereby approves the payment to the Underwriter of a placement fee of $ from the proceeds of the Series 2001B Certificates for arranging the placement of the Series 2001B Certificates. Delivery of the Certificates shall be made to the respective Purchaser thereof as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of sale. -2- Section 4. Limited Obligations. The Certificates and the interest thereon shall be limited obligations, payable solely out of the rents, revenues and receipts received by the Trustee from the City pursuant to the Lease. The City will pledge to the payment of the Certificates all payments received by the City under the Sublease. Neither the Lease nor the Certificates shall constitute a debt or liability of the City or of the State of Missouri or of any political subdivision thereof, and neither the Lease nor the Certificates shall constitute an indebtedness within the meaning of any constitutional, statutory or charter debt limitation or restriction, Section S. Authorization of Documents. The City is hereby authorized to enter into the following documents, in substantially the forms presented to and reviewed by the City Council at this meeting and attached to this Ordinance (copies of which documents shall be filed in the records of the City), with such changes therein as shall be approved by the officers of the City executing such documents, such officers' signatures thereon being conclusive evidence of their approval thereof; (a) Ground Lease (attached hereto as Exhibit A). (b) Lease (attached hereto as Exhibit B). (c) Sublease (attached hereto as Exhibit C). (d) Assignment of Sublease (attached hereto as Exhibit D). (e) Tax Compliance Agreement dated as of the date of delivery of the Certificates, among the City, the Company and the Trustee (attached hereto as Exhibit E). Section 6. Approval of Indenture. The City hereby approves the Declaration and Indenture of Trust dated as of September 1, 2001 (the "Indenture"), executed by the Trustee (attached hereto as Exhibit F), in substantially the form approved by the City Council at this meeting. Section 7. Execution of Documents. The City is hereby authorized to enter into and the Mayor is hereby authorized and directed to execute and deliver, on behalf of the City, the Ground Lease, the Lease, the Sublease, the Assignment of Lease, the Tax Compliance Agreement and such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance. Section 8. Preliminary Official Statement and Official Statement. The City Council hereby ratifies and approves the Preliminary Official Statement in the form attached hereto as Exhibit G, and the final Official Statement is hereby authorized and approved by supplementing, amending and completing the Preliminary Official Statement, with such changes and additions thereto as are necessary to conform to and describe the transaction. The Mayor is hereby authorized to execute the Official Statement as so supplemented, amended and completed The City Council consents to the use and public distribution by the Underwriter of the final Official Statement in connection with the offering for sale of the Series 2001A Certificates and the limited offering and placement of the Series 2001B Certificates. Section 9. Further Authority. The officers, agents and employees of the City, including the Mayor and City Clerk, are authorized an$ directed to execute all documents and take such actions as they may deem necessary or advisable in Ordinance to carry out and perform the purposes of this Ordinance, and to carry out, comply with and perform the duties of the City with respect to the Ground Lease, the Lease, the Sublease, the Assignment of Sublease and the Tax Compliance Agreement, to make alterations, changes or additions in the foregoing agreements, statements, instruments and other documents herein approved, authorized and confirmed which they may approve, and the execution or taking of such action shall be conclusive evidence of such necessity or advisability. -3- Section 10. Effective Date. This Ordinance shall become effective 10 days after its final passage by the City Council. PASSED by the City Council of the City of Cape Girardeau, Missouri, this 4th day of September, 2001. (SEAL) ATTEST: Gayle L. Conrad, City Clerk -4- A.M. Spradling, III, Mayor V EXHMTT GROUND LEASE [On file with the City Clerk] n w EXRIBIT B LEASE/PURCHASE AGREEMENT [On file with the City Clerk] V" V" FY.EMmTC SUBLEASE AGREEMENT [On file with the City Clerk] w ASSIGNMENT OF SUBLEASE AGREEMENT [On file with the City Clerk] V L EX MI,T E TAX COMPLIANCE AGREEMENT (On file with the City Clerk) k, n APPENDIX F DECLARATION AND INDENTURE OF TRUST [On file with the City Clerk] IN w w APPENDIX G PRELIMINARY OFFICIAL STATEMENT [On file with the City Clerk] CITY OF CAPE GIRARDEAU Office of the City Manager - August 20, 2001 - The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Council Letter No. 223 Subject: Air Service Development Agreement with Kiehl Hendrickson Group Dear Mayor and Council Members: In September 2000, the Kiehl Hendrickson Group completed a detailed passenger leakage survey that indicated airports to which our local passengers were traveling or "leaking" to rather than using the Cape Girardeau Regional Airport. The survey also indicates the top destinations for local air travelers and provided us with information that could prove significant to attracting additional non-stop airline service to destinations other than St. Louis. The attached Air Service Development agreement, in the amount of $19,000, provides the next step necessary to utilize this information by attempting to attract an additional airline and/or additional service to a new destination. This twelve-month retainer agreement will also provide us weekly fare/pricing comparison information, as well as advisory services for future marketing endeavors. The Kiehl Hendrickson Group is a very well known and respected firm in the field of aviation and airline planning and analysis. This agreement has been reviewed and endorsed by the Airport Advisory Board. It is recommended that the City Council approve a resolution authorizing the City Manager to enter into an agreement with the Kiehl Hendrickson Group for the Air Service Development Retainer Agreement for the Cape Girardeau Regional Airport. Respectfully submitted, Z� — J . ruce. Loy Airp it Manager Mirhq el G. Miller City Manager BILL NO. 2001-166 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIR SERVICE DEVELOPMENT SERVICES RETAINER AGREEMENT WITH KIEHL HENDRICKSON GROUP, AT THE CAPE GIRARDEAU REGIONAL AIRPORT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Air Service Development Services Retainer Agreement with Kiehl Hendrickson Group, at the Cape Girardeau Regional Airport. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 20 ATTEST: Gayle L. Conrad, City Clerk 59 A. M. Spradling, III, Mayor JUL—b X —b 1 04:1W r -M L:Hrt U L K K=U "L MI7UM I , --- -- Cape Girardeau Regional Airport AIR SERVICE DEVELOPMENT SERVICES Retainer Agreement July 2001 OBJECTIVES: The objective of this Agreement is provide ongoing air service development and support to the Cape Girardeau Regional Airport, as well as the flexibility to utilize professional resources whenever required. Goals include: • Attracting additional commercial airline service • Generating higher volumes of passenger traffic • Monitoring and attracting equitable fare levels from all carriers • Monitoring and supporting incumbent airline services • Advising CGI and the community on related air service and airline industry issues • Providing regular and ongoing updates of airline performance measurements and competitive airport comparisons METHODOLOGY; Kiehl Hendrickson Group (KHG) will conduct all necessary and appropriate analyses of the Cape Girardeau, Missouri composite area, specifically identifying opportunities to profitably serve the Cape Girardeau Regional Airport, as well as ongoing studies to evaluate air service development options. The primary sources of data will be those originating from the U.S, Department of Transportation and appropriate documents provided by the Cape Girardeau Regional Airport. Due to occasional reporting errors, normal and appropriate corrections may be made to the data. Kiehl Hendrickson Group makes no warranty as to the accuracy or completeness of the data, and no responsibility is assumed for any loss or damage caused to any person or entity as a result of the use of analyses provided. DELIVERABLES: To meet the objectives and maintain ongoing support, several key components are provided: Product/Service 1) Air Service Campaign 2) Fare/Pricing Analysis 3) Advisory Services Timing One provided per 12 month period Weekly updates and comparisons Ongoing services, allowing for: - Ad hoc research - Support/incentive/subsidy programs - Follow-up dialogue and FYI's with airline planners KIEHL HENDRICKSON GROUP - AVIATION PLANNING & ANALYSIS Two APPLETREE SQUARE • SUITE 438 • MINNEAPOLIS, MN 55425 • TEL: 952/B53-0070 - FAX: 952/853-0077 V" JUL-31-01 04:11 PM CAPE G1K KhU HiKVUKi �`► G+» CAPE GIRARDEAU REGIONAL AIRPORT - Page 2 DELIVERABLES - Continued KHG will provide, in presentation quality and format where appropriate, final documentation of conclusions and recommendations with respect to each component. Further details follow: 1) Airline Service Campaigns Proposals for new service will be presented to airline planning executives, identifying key attributes of this target market region and specific opportunities to introduce new service. Air service analyses often require several elements, including those listed below. • Historical traffic, fare, revenue, and capacity trends • Market share details by carrier and/or airport within the relevant region - Comparison to similar cities/airports • Catchment area airline passenger traffic assumptions and comparisons • Specific market assumptions, including pricing, share shifts, diversion, stimulation, growth • Forecasts of traffic and revenues, including local and airline network contributions • Route financial projections, including aircraft -specific costs for proposed new services • Break even sensitivities and summaries • Updates of traffic, revenue, profit forecasts as appropriate 2) FaretPricing Analysis (Weekly Updates) Passenger traffic is frequently lost to a competing airport due to price discrepancies. To effectively monitor airline pricing, this service includes the following: • Lowest one way published airline fares • Lowest round trip published airline fares • Fares are tracked TO a total of ten (10) destinations (airport selection) • Fares are tracked FROM CGI and two peer airports (also by selection) • Side-by-side comparisons, including airline and fare code information, will be faxed directly to your offices on a weekly basis 3) Ongoing Advisory Services Designed to offer ongoing support with respect to airline or air service issues, KHG offers assistance in such topics as reviewing airline proposals, outlining community relations materials, and maintaining dialogues with airline planners regarding market changes and opportunities. r) JUL-31-01 04:11 PM CAPE GIR REG AIRPORT 573 334 0499 P.04 IN CAPE GIRARDEAU REGIONAL AIRPORT — Page 3 TIME FRAME: KHG will provide the services and deliverables outlined above over the course of twelve (12) calendar months following the signing date of this Agreement. The scheduling of airline presentations and visits will be coordinated between Cape Girardeau Regional Airport and KHG, and every effort will be made to accommodate schedule demands. Monthly and quarterly reports and analyses will be provided on a reasonable time frame, allowing for access and availability of key data sources. This proposal is valid until September 1, 2001. RETAINER FEES: ALL services will be provided, as described above, for the monthly fee of $ 1,375, plus payment of �✓ $2,500 due upon signing of this contract for a grand total of $19,000. Travel related expenses, copying, and materials preparation: To Be Reimbursed Monthly fees will continue for the twelve (12) month duration of this Agreement; invoice amounts are due within 30 days of receipt. Late payments accrue interest at 1% per month. PROJECT AGREEMENT: If the aforementioned is acceptable, please signify your agreement by signing below. Upon execution this document shall become binding. CAPE GIRARDEAU REGIONAL AIRPORT Name Title Date KIEHL HENDRICKSON GROUP Name Title Date D CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 224 August 20, 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 June 20, 2001, approved an application to the Missouri Department of Natural Resources, Historic Preservation Program, for a matching state grant to be used to contract with a qualified consultant to prepare a long-term potential use plan for the James A. Reynolds House, 623 N. Main Street. This plan would include the preparation of a historic structure report that would compile a historical summary, documentation of the site and building, restoration analysis and recommendations for stabilization and restoration. The grant would also include funds to repair the masonry on the north side of the structure, which is in imminent danger of collapse, and will also finish the process of replacing termite damaged floor joists under the house. The City previously received funds from the State Historic Preservation Fund Grant in 1999 to stabilize the James Reynolds House, which is listed. both on the National Register of Historic Places, and the Cape Girardeau Local Landmarks Registry. The 2002 grant would continue that effort and provide a long-term plan for potential use of the property. 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, Southeast Missouri State University and the Historical Association of Greater Cape Girardeau. Sources of any cash match required by the City would come from the Historical Association of Greater Cape Girardeau, owners of the property. The total grant request is for up to $41,666.00 with the federal share being $25,000.00 and the local share $16,666.00. 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 COUNCIL LETTER NO. 224 August 20, 2001 Page 2. 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. Respe tfully Submitted, Rent 1V . Bratton City Planner Michael G. Miller City Manager KMB/MGM/bds Cc: Cape Girardeau Planning and Zoning Commission Historic Preservation Commission LM r) BILL NO. 2001-169 59 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 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 to develop improvements to the James Reynolds House. 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. 1 PASSED AND APPROVED THIS DAY OF , 2001. �✓ Albert M. Spradling III Mayor ATTEST: Gayle L. Conrad City Clerk IN CITY OF CAPE GIRARDEAU, MISSOURI 0 Office of the City Manager Council Letter No. 225 Agenda August 20, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Resolution Authorizing a Contract for the Well Pumps Procurement Phase 1, Contract CR -4, a part of the Cape Rock Water Treatment Plant Expansion Project On July 26, 2001, bids were received for the Well Pump Procurement Phase I, Contract CRA which is a part of the Cape Rock Water Treatment Plant Expansion Project within the City. This project is a part of the Water Bond Improvement Program. Two (2) bids were received, ranging in cost from $73,460.00 to $110,160.00. The low bid is below the engineer's estimate of probable costs. Therefore, a resolution authorizing a contract with the low bidder, Brotke Well & Pump, Inc., is attached for Council consideration and action. MAL/MGM/kj w t Respectfully submitted, A. Lester, P.E. Michael G. Miller City Manager w w w }? o u D \\ c cn j % Cl)CD CL E k 2 � 2 ® U) u � ) c c w 2 $ $ \ t S 2 2 = u 2 A © 0 $ 5 c 2 ° \ U \ / : LL LL - 0 O i e c / \ 0 \ \ 2 a 7 o < � 0 R 0 R 0 R \c\ 0 7 0 tn 0 7 c \_ k k k co 09, Cl) w CL § � d w 2 / Q w � e a g B \ ƒ § / 0 \ $ o U- LL2 O m ± \ 0 / \ m k o e / 0 / m k \ k \ \ 0 / \ � � 2 t § krn .._ a ® 8 .o k CLk w w (D $ e 2 E E u R - '��k a. kCL \ ra a c < — 0 c / }? o u D \\ c cn j % Cl)CD CL BILL NO. 2001-171 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BROTCKE WELL & PUMP, INC., FOR THE CAPE ROCK WATER TREATMENT PLANT EXPANSION AND ALLUVIAL WELL FIELD CONSTRUCTION, WELL PUMPS PROCUREMENT PHASE 1 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Brotcke Well & Pump, Inc., for the Cape Rock Water Treatment Plant Expansion and Alluvial Well Field Construction, Well Pumps Procurement Phase 1. A copy of said Agreement is attached to this Resolution and made a part hereof. e) PASSED AND ADOPTED THIS DAY OF ATTEST: Gayle L. Conrad, City Clerk W . 20 A. M. Spradling, III, Mayor CITY OF CAPE GIRARDEAU, MISSOURI Cape Rock Water Treatment Plant Expansion and Alluvial Well Field Construction Well Pumps Procurement Phase I Contract CR -4 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 20 —by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and Brotcke well & Pump, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. EQUIPMENT, MATERIALS, AND SERVICES CONTRACTOR shall furnish the Equipment and Materials, Field Services, and other services as specified or indicated in the Contract Documents. The Work is generally described as follows: 1.1 Improvements to the Cape Rock Water Treatment Plant generally described as procure ten well pumps, deliver to Site, and provide start-up services and operator training as defined by the Contract Drawings and Specifications. The well field construction and installation of well pumps shall be by other Contracts. These treatment plant improvements will be constructed at the Cape Rock Water Treatment Plant, located at 20 East Cape Rock Drive for the City of Cape Girardeau, Missouri. Article 2. ENGINEER. 2.1 The Equipment and Materials have been specified by Burns & McDonnell Engineering Company, Inc., who is hereinafter called Engineer and who will act as Owner's representative, assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Procurement Contract Documents in connection with the furnishing of the Equipment, Materials, Field Services and other services in accordance with the Procurement Contact Documents. I:\94159\100100\SPEC\CR4\AGRCR4.DOC A-1 Article 3. POINT OF DELIVERY 3.1 The place where the Equipment and Materials are to be delivered is designated as the Cape Rock Water Treatment Plant. Article 4. CONTRACT TIMES 4.1 Submittals: All Submittals which require Engineer's acceptance prior to the manufacture or fabrication of the Equipment and Materials to be furnished shall be submitted within 15 days following the Date stated in the Notice -to Proceed. Submittals requiring revision shall be resubmitted within 10 days after receiving Engineer's review action copies. 4.2 Delivery of Equipment and Materials will be completed within 133 calendar days following the start of manufacture or fabrication thereof as authorized by Engineer's approval of Submittals. 4.3 "Liquidated Damage": Owner and Contractor recognize that time is of the essence of this Agreement and that Owner may suffer financial loss if the Equipment and Materials are not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. They also recognize that the timely performance of services by other parties involved in Owner's Project are materially dependent upon Contractor's specific compliance with Paragraph 4.2 above. Further they realize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered -by Owner if the Equipment and Materials are not delivered on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that if Contractor shall fail to submit or resubmit submittals within the times set forth above and in the GENERAL CONDITIONS as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Two Hundred Dollars ($ 200.00 ) for each day that expires after the time specified above for delivery of acceptable Equipment and Materials. Owner shall have the right to deduct the amount of such liquidated damages from payments otherwise due to Contractor or to sue for and recover the same. Article 5. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 5.1 through 5.3 below: 5.1 Unit Price Schedule: For all Unit Price Work, an amount equal to the sum of the established Unit Price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated below: I:\94159\100100\SPEC\CR4\AGRCR4. WC A-2 W 59 Unit Total No. Item Unit Price Quantily Price Submersible Vertical Turbine pumps Each $ 6,492.00 10 $ 64,920.00 5.2 Spare Parts: Owner shall pay Contractor for the following the spare parts for the price set forth below. No. Item 1. Complete Seal Set 2. Set of O -Rings, gaskets 3. 4. 5.3 Lump Sum Bid Price Schedule Unit Total Unit Price Quantity Price each7$ 5.00 3 $ 225.00 each $75.00 3 $ 225.00 Manufacturer's Field Service ($ 8,540.00 ) eight thousand five hundred forty dollars and zero cents (Written Figure) 5.4 TOTAL PRICE: .......................................................... ($ 73, 460.00 ) seventy-three thousand four hundred sixty dollars and zero cents (Written Figure) 5.5 The price(s) set forth above includes the services of a qualified field representative to guide and approve the installation activities of the installing contractor for 10 calendar days, and 3 round trip(s) to the Site for such services. The installing contractor will be charged $ 800.00 for each person for each additional calendar day any field personnel are required to remain in local residence by reason of the installing Contractor's progress, and $ 600.00 for each additional round trip required to guide and approve the installation activities. I:\94159\100100\SPEC\CR4\AGRCR4.DOC A-3 Article 6. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 6 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. Application for payment shall include a Schedule of Values and a Schedule of Delivered Materials. 6.1 Progress payments; Retainage. OWNER shall make progress payments. on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, on or about the 10th day of each month as provided in paragraphs 6.1.1 below. All such payments will be measured by the schedule of values established in paragraph 2.03 of the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 6.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 6.03 of the GENERAL CONDITIONS. 90% of the value of the Equipment and Materials which have been accepted for delivery by the Owner plus 90% of the value of the Field Services completed as ENGINEER shall determine as described in Paragraph 6.02 of GENERAL CONDITIONS. 6.2 Fina/ Payment. Upon final completion and acceptance of the Work in accordance with paragraph 6.06 of the GENERAL CONDITIONS, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 6.06. Article 7. INTEREST. 7.1 All moneys not paid when due as provided in Article 6 of the GENERAL CONDITIONS shall bear interest at the maximum rate allowed by law at the place of the Project. 7.2 If the OWNER fails to make payment thirty (30) days after receipt of the Contractor's application for payment, in addition to other remedies available to the Contractor, then shall be added to each sum payment interest in accordance with Section 34.057 RSMo. as amended. I:\91159\100100\SPEC\CR4\AGRCR4.DOC A-4 Article 8. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 8.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Paragraph 9) and the other related data identified in the Bidding Documents, including "technical data". 8.2 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 8.3 CONTRACTOR has familiarized himself with all the local conditions and is satisfied as to all federal, state and local Laws and Regulations that may affect the cost, production, and delivery of the Equipment and Materials and furnishing of the Field Services and other services in connection therewith. 8.4 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 8.5 CONTRACTOR has correlated the results of all such examinations, investigations, and resolutions with the terms and conditions of the Contract Documents. Article 9. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 9.1 This Agreement (pages A-1 to A-8 inclusive). 9.2 Exhibits to this Agreement. 9.2.1 Certificate of Owner's Attorney consisting of 1 page. 9.3 Performance, Payment, and other Bonds, and consisting of 2 pages. 9.4 Notice to Proceed. 9.5 GENERAL CONDITIONS (pages 1 to 20, inclusive). I:\91159\100100\SPEC\CR1\AGRCRI. DOC A-5 9.6 Supplementary Conditions (pages SC -1 to SC -4, inclusive). 9.7 Specifications bearing the title Cape Rock Water Treatment Plant and Alluvial We// Field Construction, Well Pumps Procurement Phase 1, Contract CR -4. 9.8 Contract Drawings: Appendix A of Specifications. 9.9 Addenda numbers to _, inclusive. 9.10 CONTRACTOR's Bid (pages BF -1 to BF -7, inclusive). 9.11 Documents made a condition of the bid as listed on the Bid Form. 9.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to _, inclusive). 9.13 the' following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to Articles 10, 11, and 12 of the GENERAL CONDITIONS. The documents listed in paragraphs 9.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 9. The Contract Documents may only be amended, modified, or supplemented as provided in Articles 10, 11, and 12 of the GENERAL CONDITIONS. Article 10. MISCELLANEOUS. 10.1 Terms used in this Agreement which are defined in Article 1 of the GENERAL CONDITIONS will have the meanings indicated in the GENERAL CONDITIONS. 10.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. I:\91159\100100\BPEC\CR4\AGRCR4.DOC A-6 50 n 10.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on Agreement). OWNER City of Cape Girardeau, Missouri Michael G. Miller, City Manager Signed: Name: Michael G. Miller Title: City Manager Attest: Name: I:\94159\100100\SPEC\CR4\AGRCR4. DOC , 20_ (which is the Effective Date of the CONTRACTORsrotcke well & Pump, Inc. Signed: Name: Title: Attest: Name: A-7 Corporate Seal Address for giving notices: 401 Independence Street Cape Girardeau, MO 63701 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. I:\94159\100100\SPEC\CR4\AGRCR4.DOC A-8 Address for giving notices: 750 Merus Court Fenton, MO 63026 License No. Agent for service of process: (if CONTRACTOR is corporation, CITY OF CAPE* GIRARDEAU Cape Rock Water Treatment Plant and Alluvial Well Field Construction Well Pumps Procurement Phase I Contract CR -4 BID FORM PROJECT IDENTIFICATION: Improvements to the Cape Rock Water Treatment Plant generally described as procure ten well pumps, deliver to Site, and provide start-up services and operator.training as defined by the Contract Drawings and Specifications. The well field construction and installation of well pumps shall be by other Contracts. These treatment plant improvements will be constructed at the Cape Rods Water Treatment Plant, 20 East Cape Rock Drive for the City of Cape Girardeau, Missouri. THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE STREET f l CAPE GIRARDEAU, MO 63701-6244 1: The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specked or'indicated in the Contract. Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, .including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the -date of OWNER'S notice of Award. i�u�isotiooioounc�au�siaro�x.au BF -L 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: A. BIDDER has examined and carefully studied the Bidding Documents and the following Addenda, receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date) B. BIDDER is familiar with and is satisfied as to all local conditions and federal, state and local Laws and Regulations that may affect.the cost, production, and delivery of the equipment and materials and furnishing of Field Services and other services in connection therewith, performance and furnishing of the Work. C. BIDDER is aware of the general nature of Work to be performed by Owner and others at'the site that relates to Work for which this. Bid is submitted as indicated in the Contract Documents. D. BIDDER has correlated the information known to BIDDER, information and�"''� observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. E. BIDDER has given Engineerwritten notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents .are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. F. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. :I \94ls9\1o02.00\crsc\c3t4\3inr0M. tact BF -2 n 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): A. Unit Price Schedule: No. Item 1. Submersible vertical turbine pumps B. Lump Sum Bid Price: Unit Total Unit Price Quantily Price Each $6,492.00 10 $64,920.00 Manufacturers Field Services ..................................: ($ 8.540.00 1 eight thousand five hundred forty dollars and 00/100 (Written Figure) TOTAL PRICE ............ ........................ ...............................I........ ($21,460-00 1 seventy three . thousand four hundred sixty dollars and 00/100 (Written Figure) 5. This bid is based upon the following: A. Manufacturers This Bid is based upon furnishing major items of equipment (and Materials) by the following manufacturers: Item Well Pumps Submersible Motors Franklin Manufacturer B. Manufacturer's data on Preliminary pump selection of the Equipment and Materials to be furnished are enclosed with this Bid and identified as follows: 1. Model 2. Typical Pump Characteristics Curve 3. Dimensional Drawings. 4. Materials of Construction. :t%94LSP%100100%#Mcla4%BZDF x.aa BP -3 V C. The Bidder's experience in performing work of comparable type and size is evidenced by a list of previously completed projects enclosed with this Bid. D. All Submittals which require Engineer's acceptance prior to the manufacture or fabrication of the Equipment and Materials to be furnished shall be submitted within 15 days following the Date stated in the Notice -to -Proceed. Submittals requiring revision shall be resubmitted within 10 days after receiving Engineer's review action copies. E. It is estimated that the installing contractor will require 8 man-hours to complete the installation of each well pump to be furnished. F. The price(s) set forth above includes the services of a qualified field representative to guide and approve the installation activities of the installing contractor for 10 calendar days, and 3 round trip(s) to the Site for such services. The installing contractor will be charged $ 800.00 for each person for each additional calendar day any field personnel are required to remain in. local residence by reason of the installing contractor's progress, and $ 600.00 for each additional round trip required to guide and approve the installation activities. G. The Bidder recommends and agrees to furnish spare parts for the prices sett forth below. It is understood that Owner may purchase the spare parts as recommended or in greater or lesser quantities. No. Item Units. Unit Price 1. Complete Seal Set 3 75.00 2. Set of O -Rings, gaskets 3 75.00 3. 4. 6. BIDDER agrees that the delivery of the equipment and Materials will be completed within 133 calendar days following the start of manufacture or fabrication thereof as authorized by Engineer's approval of submittals. 7. The following documents shall be attached to and made a condition of this Bid: s �fauf�iooioa�srulcaa�omex.cxa BF -4 r) Q a A. Required Bid Security in the form of bid bond or cashiers check. B. Required BIDDER'S Qualification Statement with supporting data (if requested by Owner as stated in the Instructions to Bidders). C. Certificate of Authority to conduct business in the state of Missouri. D. List of Subcontractors and Lump Sum Value of each Subcontract. If there are none, provide a statement of verification. E. Manufacturer's data described in Section 5.13. and 5.C. of the Bid Form. F. US EPA Form 5700-49 Certification Regarding Debarment, Suspension, and Other Responsibility Matters. Communications concerning this Bid shall be addressed to: Name Paul Brotcke, Brotcke Well & PumP, Inc. Address 750 Menus court, Fenton, MO 63026 A. Performance and Payment Bonding Company Name First National Surety . Millennium Corporate Park, Bldg. C Address 18400 N E iini on Hi 11 Road? Redmond, wA 98052 Agent\Power of Attorney Name (if used) Address P o Box 537 Pacific MO 63069 NEC Insurance Terms used in the Bid which are defined in the General conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. SUBMITTED on July 26 , 2001. Ij\9415!\100100\8P[C\CR4\51DF M.CR4 BP -5 IF BIDDER is: A Partnership By (General Partner) Business address: Phone No.: A Corporation By Brotck Missouri By Paul BrotCke (Name of Person ( Firm Name) nc. (Corporation Name) (State of Incorporation) to (SEAL) P O Box1168, 750 Metas Court Business address: Fenton, MO 63026 Phone No.: -(636)343-3029 Date of Qualification to do business is November 21, 1983 lg%94159%1001e0uruhu4%BZDFM.c4 BF -6 �/ Sea r) A Joint Venture w (Name)(SEAL) (Address) By (Name)(SEAL) (Address) Phone Number and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) ti\9415!\100100\spec\CR4\SMF M.CR4 BF -7 Awl �J i&E-PA. EPA PROJECT CONTROL NUMBER UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Washington, DC 20460 Certification Regarding Debarment, Suspension, and Other Responsibility Matters . The prospective participant certifies to the best of is knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civiljudgement rendered against them for commission of fraud or a criminal offense in connection with obtaining. attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of federal or State antitrust statutes or commission of embezzlement theft. bribery, falsification or destruction.of records, making false statements, or receiving stolen property, (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal. State, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) Havenot within a three year period preceding this application/proposal had one or more public transactions (Feder State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award In addition, under 18 USC Sea 1001. a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Paul Brotcke, President Typed Name cit Tide of Authorized Repreaeatadve ❑ I am unable to certify to the above statements. My explanation is attached EPA Form 5700-49 (11-88) w A.—.� r -r 55' to 65' 57.13" :9 0 13rotcke Wall St Dump SUBMERSIBLE PUMP DATA Customer City of Cape Guardeau I Well No. 4-13 Project No. Date 7/26/01 .� PITLESS ADAPTER MAKE SIZE DEPTH TO DISCHARGE WELL SEAL TYPE Gasket SIZE 12" 6.5 17.5 33.13 MOTOR MAKE Franklin HP 25 RPM 3600 PHASE 3 CYCLE 60 VOLTAGE 460 MODEL NO Cast Iron SERIAL NO. Bronze CABLE Bronze SIZE No. 4 LENGTH 55' to 65' TYPE 3 conductor with ground RISER LENGTH SIZE PIPE 6' SECTION LENGHTS: 21' SPEC COATING Epoxy INSTALLER COMMENTS SURFACE TYPE 6" Elbow SIZE 6' PUMP Goulds TYPE 8RJLC STAGE 2 GPM 400 TDH 180' LENGTH 29.5' BOWL MATERIAL . Cast Iron IMPELLER Bronze BOWL BEARINGS Bronze WEAR RINGS SERIAL NO. AIRLINE MAT'L Plastic LENGTH 56' Io 6T WELL DATA INSIDE DIAMETER 36' WELL DEPTH FROM GRADE 59101' 71' PUMP SETTINGS ABOVE GRADE DIAMETER OF SCREEN 36' SCREEN LENGTH 15 SLOT 0.050" GRAVEL PACK X TUBULAR SIZE OF GRAVEL PACK WB -40 PUMP TEST DATA DATE: STATIC LEVEL FT. CAPACITY (GPM) PUMPING LEVEL GADIMM OsWUSMERSIBIE C JUL.20'2001 16:17 18004534749 ITT GOULDS PUMPS TURBINE OPS #4900 P.003/003 .. ITT Goulds Pumps Goulds Turbine Pump Selection ver. 6,c Morris Wcknane 07/20/01 PUMP DATA SHEET Selection rile: (untitled) Curve: E620BREPCO Goulds Turbine 60 Hz Catalog: TUR860.MPC v , - 4 Design Point Flow: 400 US gpm Fluid: Water Temperature: 60 'F Head: 180 ft SG:1 Pump: TURBINE -3600 Size: 8R.1LC (2 stages) Viscosity: 1.122 cPVapor pressure: 0,2668 psi8 Speed: 3850 rpm pia: 5.25 in Atm pressure, 14.7 psis Limits: Temperature: — °F Sphere size: 0.43 In NPSHa: --- ft Pressure: 425 psig Power. --- bhp Specific Speed: Ns: 2699 N6s: --- Piping: System: — Suction: — in Vertical Turbine: Bowl Size: 7.6 in Max Lateral: 0.63 in Discharge: — in Thrust K Factor. 4 Motor: 25 hp Speed: 3600 Frame: 256 NEMA Standard WP( Enclosure sized for Max Power on Design Curve Suction Size -6" Discharge Sizes -6"A" -- Data Point -- Flow: 400 US gpm Heed: 161 ft Eff: 78.1% Power. 23.4 bhp NPSHr.16.2 ft – Design Curve – Shutoff Head: 251 ft Shutoff dP: 109 psi Min Flow. - US gpm BEP: 80% eft' 465 US gpm NOL Pwr. 24.2 bhp 663 US.gpm – Max Curve – Max Pwr: 24.2 bhp @ 663 US gpm US gpm 80 160 240 $20 400 480 660 640 720 Flow Speed Head Pump US gpm rpm ft %off 480 3460 168 80 400 3460 181 78.1 320 3460 199 72.6 240 3460 212 62.6 160 3460 223 46.7 — PERFORMANCE EVALUATION — Power NPSHr Motor Motor bhp ft %eff kW 23.6 19.7 23.4 16.2 22,2 13 20.6 11 19.2 11 Hrs/yr Cost IkVV11 V MILLENNIUM CORPORATE PARK BLDG. C 18400 NE UNION HILL ROAD REDMOND, WA 98052 FIRST NATIONAL SURETY BID BOND KNOW ALL BY THESE PRESENTS, That we, BROTCKE WELL & PUMP, INC. of 750 MERUS, FENTON, MO 63026 (hereinafter called the Principal), as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA (hereinafter called the Surety), as Surety are held and firmly bound unto CITY OF CAPE GIRARDEAU (hereinafter called the Obligee) in the penal sum of FIVE PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars ($ —5°1.— ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for NOW, TI-IEREFORE, If the said Contract be timely awarded to the Principal and the Principal time as may be specified, enter into the Contract in writing, and give bond, if bond is required, �.. •'�; 1��,�/! +' to the Obligee for the faithful performance of the said Contract, then this obligation shall be void64 o o t. o� remain in full force and effect. a Signed d sealed this 26"' day of Jules , 2001 ` ¢-; `fJ:Joo J o Brotcke Well &Pum Inc. ..: �eaU o = •,.e `�� witriess Paul N. Brotcke , President` FIRST NATIONAL INSURANCE COMPANY OFA AMERICA AI Witness By rm'doL M, Orrell ry POWER OF ATTORNEY 4333 Brooklyn Avenue N.E. Seattle, WA 98105 KNOW ALL BY THESE PRESENTS: FIRST NATIONAL INSURANCE COMPANY OF AMERICF 4333 BROOKLYN AVE NE SEATTLE, WASHINGTON 98105 No. 10938 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint •t•t•t••ts•.•••ssst•ssts•••s.•asss••ssssJOSEPH B. BOSSE; LINDA M. ORRELL; NICK EVOLA; Pacific, MLssam'ss•ssssst•ss••st•s•sststs•s••sssssatasss•s•sst its hue and lawful attomey(s)win-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a simii character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if su( instruments had been duty executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this RA. PIERSON, SECRETARY CERTIFICATE day of January . 2000 k), 4V'4ff46&(9 W. RANDALL STODDARD, PRESIDENT Extract from the ByA aws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: -Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President 4 for th purpose by the officer in charge of surely operations, Shan each have authority to appoint individuals as attorneys n -fad or under other appropriate titles M onty e�oearbe on behalf of the company fdefty and surety bonds and other documents of similar character Issued by the company in the course of Its busi On a instrrument making or evidencing such appoirdmeM the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond undertildrg of the oorrlpany, the seal, or a facsimile thereof, may be irnpressed or affoced or in any other manner reproduced; provided, however, that the seal shall r be necessary to the validity of any such Instrument or undertaking " Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, 01 The provisions of Article V, Section 13 of the By -Laws, and 01 A copy of the power-of-attorney appointmenk executed pursuant thereto, and (i0i Certifying that said power-of-attomey appointment Is in fun force and effect, the signature of the oedff tng officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the ByAaws and of Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, t Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 26th day of July 2001 RA. PIERSON, SECRETARY 8-1049/FNEF 7/98 1/3100 Pi CITY OF CAPE GIRARDEAU, MISSOURI 0 Office of the City Manager Council Letter No. 226 Agenda August 20, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Resolution Authorizing the City Manager to Enter Into Amendment No. 2A/Authorization No. 10 to the Master Services Agreement with Burns and McDonnell Amendment No. 2 dated March 11, 1997 and Authorization No. 10 dated May 6, 1999 authorized engineering services for the upgrade and expansion of the Cape Rock Water Treatment Plant in the City of Cape Girardeau, Missouri. During the construction phase of this project, there have been and continue to be numerous potential deviations from the original design on the part of the general contractor and his suppliers. As a result, the project engineers are expending additional effort and time beyond that anticipated in 1997 to coordinate with the general contractor and his suppliers and promote project reliability and quality. Amendment No. 2A increases the authorized maximum for Amendment No. 2/Authorization No. 10 from $1,968,750 to a new maximum of $2,078,750, which is a net increase of $110,000. Therefore, Amendment No. 2A /Authorization No. 10 between the City of Cape and Burns and McDonnell is presented for Council consideration and action. Respectfully submitted, Mark Ar. Lester, E. City,ingineer Michael G. Miller City Manager MAL/MGM/dc BILL NO. 2001-174 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2A/AUTHORIZATION NO. 10 TO THE MASTER SERVICES AGREEMENT WITH BURNS & McDONNELL ENGINEERING COMPANY, INC., FOR DESIGN ENGINEERING, BID -PHASE, CONSTRUCTION - PHASE, START-UP AND POST -CONSTRUCTION PHASE SERVICES AT THE CAPE ROCK TREATMENT PLANT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute Amendment No. 2A/Authorization No. 10 to the Master Services Agreement dated March 21, 1994, with Burns & McDonnell Engineering Company, Inc., for design engineering, bid -phase, construction -phase, start-up and post -construction phase services at the Cape Rock Treatment Plant. A copy of said Amendment No. 2A is attached hereto and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 20 A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad, City Clerk CITY OF CAPE GIRARDEAU, MISSOURI POTABLE WATER TREATMENT AND DISTRIBUTION SYSTEM AMENDMENT No. 2A / AUTHORIZATION NO. 10 DESIGN ENGINEERING, BID -PHASE, CONSTRUCTION -PHASE, START-UP AND POST -CONSTRUCTION PHASE SERVICES at CAPE ROCK TREATMENT PLANT For PROFESSIONAL ENGINEERING SERVICES To BURNS & McDONNELL ENGINEERING COMPANY, INC. St. Louis, Missouri In accordance with the AGREEMENT for PROFESSIONAL ENGINEERING SERVICES dated March 21, 1994, between the City of Cape Girardeau, Missouri, (hereinafter called OWNER), and Burns & McDonnell Engineering Company, Inc. (hereinafter called ENGINEER), OWNER hereby authorizes ENGINEER to proceed with the following services: I. SCOPE Amendment No. 2 dated March 11, 1997 and Authorization No. 10 dated May 6, 1999 authorized engineering services for the upgrade and expansion of the Cape Rock Water Treatment Plant in the City of Cape Girardeau, Missouri. These services include detailed engineering design, bid -phase support, construction phase engineering, resident inspection during construction, assistance during construction, and preparation of record drawings during the post -construction period. This Amendment 2A covers additional construction phase engineering services to coordinate with the general contractor and his suppliers to promote project reliability and quality. During the construction phase for the Cape Rock Water Treatment Plant, there have been and continue to be numerous potential deviations from the intended design on the part of the general contractor and his suppliers. ENGINEER has and continues to communicate quality requirements for the project. A detailed description of the scope of services anticipated to be completed by ENGINEER is presented in "Exhibit A". This is an extension of services required under Articles 2.7 and 3.2 of Amendment No. 2. Page 1 of 2 Amend 2 CO\A2 - A10 Change Order.doc U n II. SCHEDULE ENGINEER will proceed with providing the services set forth herein immediately upon verbal notice to proceed from OWNER. ENGINEER will complete the work defined herein at the completion of construction for the Cape Rock Treatment Plant. It is understood that adherence to this schedule is contingent on any delays created by events beyond the control of the ENGINEER (such as adverse weather conditions, regulatory agency actions, force majeure events, etc.) III. COMPENSATION OWNER shall compensate ENGINEER for providing the services set forth herein in accordance with the terms of the existing Agreement, based on a maximum fee with a not -to -exceed cost basis. Total payment for the second phase Scope of Services described in the Amendment No. 2A / Authorization 10 shall not exceed the new maximum fee of Two Million Seventy Eight Thousand Seven Hundred Fifty dollars ($2,078,750). This represents an increase of $110,000 over the previous maximum fee amount. A breakdown of the increase amount, provided as background information only to furnish a frame of reference, is enclosed as Exhibit No. 1 — Compensation Schedule. AUTHORIZATION BY: CITY OF CAPE GIRARDEAU, MISSOURI Date: ACCEPTED BY: BURNS & McDONNELL ENGINEERING COMPANY, INC. By: Dr. Robert T. Berry, P.E. Vice President Page 2 of 2 Amend 2 CO\A2 - A10 Change Order.doc Attest: EXHIBIT A SCOPE OF SERVICES For Amendment 2A / Authorization 10 Cape Rock Water Treatment Plant Expansion and Upgrade This Amendment 2A covers additional construction phase engineering services to coordinate with the general contractor and his suppliers to promote project reliability and quality. These services are being driven by several types of actions on the part of the general contractor and his suppliers: ■ Attempts to substitute materials not compatible with drinking water treatment processes ■ Contractor / supplier failure to read plans and specifications before shop drawing submittal ■ Contractor failure to read plans and specifications before construction ■ Contractor / supplier non -responsiveness to information requests regarding shop drawing submittals ■ Contractor proposing different supplier beyond those listed in specifications, prompting careful review of material quality before acceptance ■ Contractor / supplier failure to provide complete shop drawing submittals, leading to additional submittal reviews ■ Suppliers attempting not to comply with contract documents ■ Suppliers attempting not to provide all the information specified in the contract documents ■ Resolve conflicts between supplier's standard warranties and Contractor's warranty ■ Resolving problems caused by Contractor authorizing major equipment to be shipped to the construction site before Shop Drawing submittal approvals Page 1 of 1 Amend 2 COW2 - A10 Change Order.doc W" U 29 u w 0 0 It N O LO N LO O N O O 611). N Lf) O 64 O 64 O 64 O Cl O 6 O4 N C O t/1 N E N N y ci p rL b F� qa)c� lL LLN y U 7 d rn C w y C _O O rnm 4) U) U r y8 _d os 491 y F� d mis o O A A CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 227 Agenda August 20, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Resolution Establishing The Maximum Annual Assessment Policy for Transportation Trust Fund 11 Projects for the Remainder of the 2001 Calendar Year At its June 18, 2001, session, the City Council approved Resolution No. 1679 adopting revised policies for special tax bill assessments for projects funded from the City Transportation Trust Fund. These revised policies apply to all Transportation Trust Fund Projects that the City undertakes, including those projects not yet completed from TTF-1. The following table compares the recommended front foot costs (highlighted) and the previous trust fund assessment costs. The changes in the assessment amounts are based on policy changes and on yearly averages for projects bid by the City. It is recommended that the Council adopt by resolution the costs for the 2001 calendar year as the maximum front foot costs for the associated policies. TTF-I TTF-11 1. Residential street widening $35.00 $35.50 2. Residential streets -new $25.00 $48.50 3. ResidentialICommerc'ral widening $46.00 $70.00 4. Commercial Street Widening $67.00 $15.00 5. Commercial streets -new $56.00 $65.00 Based on this policy, the pending TTF streets are classified as follows: 1. Residential street widening 2. Residential streets -new 3. Residential/Commercial widening Bloomfield Road Broadway 4. Commercial Street Widening 5. Commercial streets -new MAL/MGM/dc None on program None on program Silver Springs Road IV Independence Street Siemers Silver Springs Road III Lorimier ectfully submitted, A. Lester, P.E. Michael G. Miller City Manager D CYPRESS DR. g Cape Girardea r — — L BOUnN CA PE ROAO LIM `vCS'�1 PQ PO — v 'O o R L ?CION AVE LEXINGTON AVE — — IK d 10. rc c � •bb o � d csy/ o� OR eERn Mc sr. p Oit HOPPER RD. •..• • n m < J •. KOPPER RD. I _ r � � a RIO ST. HOPP I F 7 0 1 G = 07 BR ; a � ROG BROAD • H' AAA ST' COU ROAD 203 1 mm c woRC w HIG"014 % u �t L%.� V 1 • r 1 • < RESAY co. RD.0cOgo o`n I L \ : 5 �\ `�� ;_•. , Proposed Transportation Trust Fund Projects 2001-2005 Prepared 8 Divisiion of Planing * / GIS Program iMarch 28, 2000 / 1{V1AY U / Legend `i Proposed 2001-2005 Projects : •.: Current 1995-2000 Projects I • ^ •/ City units NASN M /V Major Streets PJXMAB ® Intersection Reconstruction Bridge Construction °+� • Nurters refer to specific projects fisted on reverse -1��----J 1 0 1 2 Wes WEc�RamEa, I - ' - 1:63360 I — J ' _ - / 1 in. = 5280 feet Rich Daum amrmw — -- r) BILL NO. 2001-176 RESOLUTION NO. A RESOLUTION ESTABLISHING THE MAXIMUM ANNUAL ASSESSMENT POLICY FOR TRANSPORTATION TRUST FUND PROJECTS FOR THE CALENDAR YEAR 2001 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The following is a policy statement setting out maximum annual assessments for Transportation Trust Fund Street projects for the calendar year 2001, which shall be as follows: 1. Residential Street Widening: No assessment if all right-of-way and easements are donated. If any right-of-way or easements are purchased, an assessment covering the cost of widening the street up to a thirty (30) foot width, including engineering, inspection, and legal costs, plus associated stormwater work: Thirty - Five Dollars and Fifty Cents ($35.50) per front foot plus the cost of land acquisition for the total project will be charged. 2. Residential Streets - New: Assess the cost of a thirty (30) foot wide pavement with rock base: Forty -Eight Dollars and Fifty Cents ($48.50) per front foot plus any acquisition costs. The city pays for all other associated construction work including engineering, inspection, legal. 3. Residential/Commercial Streets - Widening: No assessment if all right-of-way and easements are donated. If any right-of-way or easements are purchased, an assessment covering the cost of widening the street up to a thirty-six (36) foot width, including engineering, inspection, and legal costs, plus associated stormwater work: Seventy Dollars ($70.00) per front foot plus the cost of land acquisition for the total project will be charged. 4. Widening Commercial Streets: An assessment covering the cost of widening the street up to a forty (40) foot width, including engineering, inspection, and legal r costs, plus associated stormwater work: Fifteen Dollars ($15.00) per eight (8) foot width per front foot plus the cost of land acquisition for the total project will be charged. 5. New Commercial Streets: Assess the cost of a forty (40) foot wide pavement with rock base: Sixty -Five Dollars ($65.00) per front foot plus any acquisition costs. PASSED AND ADOPTED THIS DAY OF ATTEST: Gayle L. Conrad City Clerk . 2001. A. M. Spradling, III, Mayor ['A'-] lil �il CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 228 Agenda August 20, 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 qualified 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. It is recommended that one appointment be made to the Board of Examiners for a term expiring January 1, 2004. The staff will continue to actively pursue applicants for this board. If you have any questions or need further information, please let me know. GLC:MGM:gc Respectfully submitted, Gayle City C 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. Board of Examiners 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, /instruction contractor, master drainlayer and plumbing fixture installer. Three members must be licensed as either a plumber, h electrician, 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) r) m w W Z X W LL 0 0 a m 5 X V 0 0 d � d w L o 04 L Rf d+ C ul L � O O L M d 'C d C � M y N d •fl d L N 0 r d O r O r �- O O XXQQXXXX " d t N N I Oco �++ N\ N M co O C � Q X X X X X X X Z d 41 014 Q X Q X X X lxlxl CL xxX<<<XX 0 Z a O 2ww�-Zo w v B ln Q Q X X Q X X X X X X X X X Q Q co is— < F X X X X X X L Q X X Q Q Q X X X xaxxxaxx d xxLL x xxxxax xxxQ 1 0 2wwI -Zo to N X ix X XXX 1XI NO :2 U a0ax .0 Q > N (a CO W ` a L- CL � X Q�qxx C L to - X< axxxx d x xxxax O E O� O C � N O - W y 7 CCU) Y V 00 CD w C ��� x xxx .y V) V 0 0 d N L o 04 d+ C ul O O L M y •fl d C rr+ N 0 O r O r �- O O " d t N N I �++ N\ N M co O O O O V d 0 Z w v O CIO co x xxxQ to N X ix X XXX 1XI CL axxxx a0ax xQQxx L- CL � X Q�qxx X L to - X< axxxx d x xxxax R xa x xxx C (a W O ` 0 00'0 0 ` O ) J (9 C C f0 OLL E O O 0 O C W 7 ►.� 0 �Cp O W U � 6 � a� «r > V n W LICENSES AND BUSINESS REGULATIONS § 15426 Sec. 15-404. Convention and visitors advi- sory board. (a) Board established. Expenditures from the convention and visitors fund shall be made at the sole discretion of the city council. To assist in exercising this discretion a convention and visi- tors advisory board is hereby established. (b) Membership. The convention and visitors advisory board shall consist of nine (9) members, appointed by the city council, with at least three (3) members to be from the hotel/motel/restau- rant industry. In addition, the city manager shall serve as a nonvoting ex officio member. The city manager may designate other city staff to serve in his place as ex officio member. The duly elected president of the Cape Girardeau Chamber of Commerce shall also serve as a nonvoting ex officio member. (c) Term of office. Except as otherwise provided in section 2-98, the term of office of the appointed members of the convention and visitors advisory board shall be three (3) years beginning on the second day of January. All members' terms shall be staggered so that three (3) members' terms shall expire each year. (d) Officers and committees. The convention and visitors advisory board shall meet annually during the month of January to elect officers. The chairman, vice-chairman and secretary of the advisory board shall function as an executive committee, and the members of the advisory board may create such other committees as they deem necessary. (e) Budget. The convention and visitors advi- sory board shall submit a proposed line item budget for the convention and tourism fund to the city manager no later than February first of each year. The advisory board may submit along with the budget written recommendations including methods of promoting tourism and conventions such as employment of personnel and procure- ment of services through contractual relations. The city manager shall forward these recommen- dations along with his comments and recommen- dations to the city council. Supp. No. 24 977 (f) Annual report. The advisory board shall be required to submit an annual report of its activi- ties to the city council by April first of each year. (Code 1967, § 16-198; Ord. No. 1376, art. 1, 7-7-93; Ord. No. 1810, art. 2, 10-16-95; Ord. No. 1847, arts. 1, 2, 1-8-96; Ord. No. 1961, § 2, 6-3-96; Ord. No. 2701, art. 10, 4-3-00) Cross references—Administration, ch. 2; removal of mem- bers of boards and commissions, § 2-1. Secs. 15-405-15-425. Reserved. ARTICLE XIV. CONSTRUCTION TRADES LICENSES* Sec. 15-426. Board of examiners. (a) Creation. There is hereby created a board of examiners of construction trades consisting of eight (8) regular members. (b) Term, appointment, qualifications. The city council shall appoint the eight (8) members of the board of examiners by formal motion and major- ity action. Except as otherwise provided in section 2-98, members of the board of examiners shall serve for terms of three (3) years. All members' terms shall be staggered so that three (3) mem- bers' terms expire each year, but every third year only two (2) members' terms shall expire. Four (4) of the eight (8) members of the board shall have at least six (6) years practical experi- ence in one (1) of the construction trades, and be licensed hereunder and be actually engaged in or working at their construction trade at the time of their appointment. These four (4) regular mem- bers of the board must include not more than one (1) of each of the following: plumber, mechanical installer, electrician, construction contractor, mas- ter drainlayer and plumber fixture installer. Three (3) members of the board shall all be licensed pursuant to this article as either a plumber, a mechanical installer, an electrician, a construc- tion contractor, a master drainlayer or a plumb - *Editor's note—Ordinance No. 1213, Art. 1, adopted Aug. 3, 1992, repealed Ch. 15, Art. XIV, §§ 15-426-15-429, in its entirety and enacted in lieu thereof a new Ch. 15, Art. XIV to read as herein set out. Former Ch. 15, Art. XIV, pertained to similar subject matter and derived from Ord. No. 1100, Art. 1, adopted Nov. 4, 1991. § 15-426 CAPE GIRARDEAU CODE ` Vj ing fixture installer and must be actually engaged in or working at their trade at the time of their appointment. One (1) of the eight (8) members of the board need not be a licensed practitioner of one (1) of the construction trades. (c) Officers. The board of examiners shall meet annually during the month of January to elect officers. (d) Meetings. The board of examiners shall meet regularly at least once each calendar month for the purpose of examining all applicants who have requested licenses pursuant to this article. The action of a simple majority of the members will suffice to render a decision. The board shall report to the council who has been tested, the results of the tests, and the reasons for denial of any license. (e) Duties. It shall be the duty of the board of examiners to examine the qualifications of all applicants for a plumber's license, mechanical installer's license, master drainlayer's license and electrician's license, as to their knowledge of and ability to perform the duties and services of the trade for which the application is made. The results of such examination shall be certified to the city clerk, where the certified results will become a permanent record. As a result of the aforesaid examination, the board of examiners may, when satisfied as to the competency and ability of the applicants for plumber's, mechanical installer's, master drainlayer's and electrician's licenses, authorize the city clerk to issue a plumber's, mechanical installer's, master drainlayer's or electrician's license to the appli- cant. The board shall commission the administra- tion of tests as required herein to a nationally recognized testing agency using a nationally rec- ognized test or the equivalent. The board shall also serve to advise the city council and city staff as to any recommendations they deem appropri- ate with regard to the licensing of various trades in the City of Cape Girardeau, Missouri. The City Clerk of Cape Girardeau is hereby authorized to act on behalf of the board of exam- iners in issuance of licenses for construction con- tractors and plumbing fixture installers. (Ord. No. 1213, art. 1, 8-3-92; Ord. No. 1810, art. 3, 10-16-95; Ord. No. 1851, arts. 1, 2, 1-8-96; Ord. No. 1928, §§ 1, 2, 3-18-96; Ord. No. 1961, § 3, 6-3-96; Ord. No. 2107, art. 1, 1-6-97; Ord. No. 2701, art. 11, 4-3-00) Sec. 15-427. License required. (a) License required. Any person who engages in or performs work on installing or altering plumbing facilities in a building or structure, or for any building or structure or who engages in or performs the work of installing the sanitary or building storm sewer, or any work concerning the installation of sanitary or storm trunk, main and lateral sewers on public property, recorded ease- ments or on private property, when such work is required to be done in accordance with the BOCA National Plumbing Code, shall be a licensed mas- ter or journeyman plumber or shall be working under the direct supervision of a licensed plumber, except as otherwise provided in this Code. Supp. No. 24 978 Any person who engages in or works at the installation of the sanitary or storm building sewer, starting five (5) feet beyond the building foundation wall, (end of building drain) or any work concerning the installation of sanitary or storm, trunk, main and lateral sewers, on public property, recorded easements, or on private prop- erty when such work is required to be done in conformance with the BOCA National Plumbing Code, shall be a master drainlayer or shall be under the direction and supervision of a master drainlayer, a journeyman plumber or a master plumber except as otherwise provided in this Code. Any person who engaged in or works at the installation, extension, alteration or repair of any heating or cooling appliances, gas piping, related duct and venting requirements in connection with the appropriate service on consumers premises within the city, where such work is required to be done in conformity with the BOCA National Me- chanical Code, shall be a licensed mechanical installer or shall be working under the direction r) Name CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Leonard Jansen Telephone: Day 334-r,974 Home Address 1913 Belleridae Pike Evening 334-5199 Year Current Residence in Cape Girardeau Began Current Employer and Position Jaymac Equipment - Co—owner Previous Employers and Positions Board of Examiners In which Board(s) are you interested? Board of Fxaminers Special Qualifications for specific board(s) (include past board service) Has served on the -Board of Examiners tinea 1997 Would like to he re -appointed to the Board Of EXAMJnPrS- Currently holds a Installer and Journeyman Flprtr;eal license with the City of Gape. EducationalBackground 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 abs4willegarded as an indi on that future membership on the board is no longer your desire. Sig 71 Date !� emeityManaggeer's Sheets arevalid for one year from the date they are signed. Return to the Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 229 Agenda August 20, 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: At the last City Council meeting, Mr. Don Boyd was appointed to the Historic Preservation Commission for a term expiring April 16, 2003. Attached is a letter received from Mr. Boyd declining the appointment to the Commission. A copy of the current roster for the Commission is also attached for your information. According to Section 30-117 of the City Code, "...the members to be residents of the city, all of whom shall be appointed by and approved by the city council. The council shall make every effort to appoint persons with a demonstrated interest in the historical preservation of the city. To the extent available, the preservation commission shall include professional members representing such disciplines as architecture, law, real estate, history and or any other field related to historic preservation. " Stacy Busch, Jared Cisco, 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 one appointment be made to the Historic Preservation Commission for a term expiring April 16, 2003. If you have any questions or comments, please contact this office. Respectfully submitted, bjuv� Gay1$�L. Conrad CitV'Clerk Michael G. M City Manager W RECEIVED AUG 1 5 2001 Don Boyd 1500 Wayne Cape Girardeau, MO 63701-3947 Phone 573-335-9243 E -Mail August 14, 2001 Gayle L. Conrad, City Clerk Office of the City Manager P. O. Box 617 Cape Girardeau, MO 63702-0617 Dear Ms Conrad: Your reference: Letter No. 01-131 I am sorry, but I will not be able to serve on the Historic Preservation Commission. The Commission meets on Wednesday, and I am already committed on Wednesdays. My wife and I regularly attend our Church then. At the time I indicated and interest in the Historic Preservation Commission, it never occurred to me there would be such a conflict. I apologize for any trouble this has caused you. Sincerely yours, trm AV,— Don Boyd 59 CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees August 6, 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 `.! Serve three year terms, appointed by Council. To the extent available members shall include professional members representing such 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. l J V 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 Verna Nelson April 17, 2000 8/6/01 April 16, 2003 Betty Voss April 17, 2000 --- April 16, 2003 Don Boyd August 6, 2001 --- April 16, 2003 Barbara Port June, 1996 4/7/97; 4/17/00 April 16, 2003 Amy Chiles August 6, 2001 --- 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 `.! Serve three year terms, appointed by Council. To the extent available members shall include professional members representing such 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. l J V r) Name Street Address CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY er, Sorzn Year Current Residence in Cape Girardeau Began IV C Current Employer and Position 00e PL) b t t G Previous Employers and Positions SCOf 4 LQ a a k� o Gtr Adrn*jSSln1s 06-5nSejo-y C SS CL-rS /j'I�StYZSZyz5v Veh'ket- lg7o Cu rren G2d�! S, n ce.. Scl-7 o o / s — In which Board(s) are you interested? PaNK S `i RP c re cd7 c-�-, Ad �n S �d� Ori i Vers eYz0a-/,- Ro z --t-1) 44't S tL c Pre S , ial Qualifications for specific board(s) (include past board service) bq-'Ctears o d d inti I') S�-� Ct bia-s Q a Ss -t t Educational Background Qck-ajc57-Y o T��►-ems . Community Activities (Include offices held and committee service) (C Cjj GL -L rmcL %)-2 Sooy,-e a S t Qt-" Gu- -z- e h e C.. CIA. 1 GZ-rrt Mso a me rrt b e © to l L � SCro l/ /0,Jytq06 ��C- , 159c��) Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime B. Morning Noon Afternoon Evening Anytime X By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed I (j& Date -7-11—o ** Board Member Summary Sheets are valid for one year from the date that they are signed. 1(.1 . I . _ V CITY OF CAPE GR ARDFAU) MISSOURI BOARD MEMBER SUMMARY v Name J Telephone: Day Home Address 3� �� 1y1 r►lo �A nn Evening b /�C•:�E - O Year Current Residence in Cape Girardeau Be an �D t! 9 br, Un1PJIJ Current Employer and Position S f 1 tZ L Previous Employers and Positions o o M'f4r.he Il RAM u r In which Board(s) are you interested? I , S ial,alifications for specific board(s) (include past board service) Cnmm I i 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 g g si nin this document, you agree to serve and attend regularly. Three (3) consecutive uur xcuSdesire. abed sences w)b\be regarded as an indication that future membership on the board is no longer your (� r Date Signed ** Board Member Summary Sheets are valid for one year from the date that they are signed. .lame �1V 11 Home Address I rI CITY'OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Telephone: Day 5 3 - 335 - 116Qi�s D Evening It Year Current Residence in Cape Girardeau Began A Ul P"+ - a d oy Current Employer and Position 000!� ' +Juderli- Previous Employers and Positionserk- OmPrrolpr(4- In i In which Board(s) are you interested? (�1 �i 0 r' c Qc c se rum D n Special Oualifications for specific board(s) (include past board service) P T o t) t--t� i � I Q� 5- � i �i l.o Educational Background }� U �; K-�S�Q N i S!� � vo I lei Community Activities (Include offices held and committee service) ' Ud; r` e �.�. _ � . P,-->✓iu, � On - r �cX � �-� o,� � �c ► zc�-i D� IAC er- l S t ��• �- �-,.-b d�� Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly L,--" Anytime ?— B. Morning Noon Afternoon Evening :% Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) able s --m any--tw Ive (12) onsecutive months, will be regarded as an indication that future inen rship on the board s Lnolon er your desire. Date Si ned - "'"' Board Mei ber Summary Sheets are valid for one year from the date tha hey are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63707A617. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY I Name +� b<,-� c .•. c� I -e Telephone: Day 3304- 9 7 Home Address /baa Evening Year Current Residence in Cape Girardeau Began /9 9 7 Current Employer and Position Ery �►-� -. C(e �'h- • �— �� ms's''' Previous Employers and Positions 3 �A s ' In which Board(s) are you interested? �. s �-� �-,-v A--4' •� � n,0h ' .1 .3 r e Special Qualifications for specific board(s) (include past board service) c...- V w `� Educational Background 663A I 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 ti/ Anytithe By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or fou (4) absences in any twelve (12) consecutive months, will be regarded as an indication that futur membership on the board is no longer your desire. Signed • lLw't Date 7- '1- a 1— " Board Member Summaryd;s are valid for one yea from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63707,0617. w LIQUOR LICENSES Mo CITY OF CAPEGiRARDEAU \ .ti 401 INDEPENDENCE U �\ PO BOX 617 ` CAPE GIRARDEAU MO 63702 lT ti PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) TEMPORARY LICENSE MW SIL CHANGE IN MANAGING OFFICER Date of Submitted: 7-12-01 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from KIWANIS CLUB OF CAPE GIRARDEAU d/b/a located at 000 BLOCK THEMIS for a 5% BEER BY THE DRIW license. Please complete inspection and return to the Finance Department. Referred to Police Department 08_16-01 Date Referred to City Inspector 08-16-01_ Date Notice (sign) given to Applicant N/A for Council Meeting 8-20-01 Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED DISAPPROVED DATE COMMENTS I/ e 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.• Kiwanis Club of Cape Girardeau 00 Block of Themis Street Joe H. Anders August 16, 2001 SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT: There is no criminal history on record for Mr. Anders. The enclosed application is for a temporary liquor license for S% beer sales on a parking lot or on the edge of the street in the 00 Block of Themis Street for September 7' and 8, 2001 in conjunction with the Missouri State H.O.G. (Harley Owner's Group) Rally. w John R Davis, Services Division CGPD Form # 112 WA W" n CITY OF CAPE GIRARDEAU STATE OF MISSOURI APPLICATION FOR TEMPORARY LIQUOR LICENSE PERMIT CHECK ONE OR MORE: X Form No. 3 $10.00 License Fee 3.2% Non -Intoxicating Beer by Drink (E) 5% Beer by Drink (F) NAME OF APPLICANT ORGANIZATION KIWMIS CLUB OF CAPE GIRARDEAU PHONE NUMBER ( 573 ) 335-8722 NAME OF BUSINESS OR LOCATION WHERE LICENSE WILL BE USED 000 BLOCK THEMIS LICENSE REQUESTED FOR PERIOD 9/7 X1 2001 to 9/8 1& 2001 Seven Days Maximum FUNCTION OR EVENT FOR WHICH LICENSE IS REQUESTED: MINOR'S 30TH AMIVEIRSARY AND MISSOURI STATE HOG RALLY. DESCRIPTION OF LOCATION WHERE MERCHANDISE IS KEPT AND SOLD: LOT OF MINOR'S HARLEY DAVID60N/SUZUKI SALES. 10 Z'i 4V, 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: JOE H ANDEEiS First Name Middle Initial Last Name Signature 3-12-1936 T 4mt:u Date of Birth Position with Applicant Organization 486-38-4852 Social Security Number 5b] �61 5-11 CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 230 Agenda: August 20, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Possession or Consumption of Alcohol in Public Dear Mayor and Council Members: Item No. 12 on your agenda amends the City Code relating to the possession or consumption of alcohol in public. If the second and third readings of this ordinance are approved, it will allow open containers and consumption of alcohol with the prior approval of the City Council Attached is a letter from Catherine Dunlap -Stock of Old Town Cape requesting the City Council allow open containers in a designated area downtown on September 8 for a party held in honor of the H.O.G. Rally. The area be will restricted to Water and Main Streets from Broadway to Independence and Themis from Spanish to Water. If the Council wishes to grant the request of Old Town Grant, a motion will be necessary authorizing the possession or consuinpilVn of alcohol in public for this event. MGM:gc lil submitted, Michael G. Miller City Manager August 13, 2001 Mayor At Spradling and Cape Girardeau City Council 401 Independence Cape Girardeau, MO 63703 Dear Mayor Spradling and City Council: I I I Independence Street Cape Girardeau, MO 63703 Phone(573)334-8085 Fax (573) 334-8230 E-mail: oldtowncape@clas.net I am requesting that the city council at its next meeting amend the ordinance to allow open liquor containers in a designated area downtown on September 8 only for a party held in honor of the H.O.(;. Rally. The area will be restricted to Water and Main streets from Broadway to Independence and Themis fi-om Spanish to Water. If you have any questions. please call me at 334-8085. 1 am planning to attend the August 20 City Council meeting and the study session. Sincerely, Catherine Dunlap -Stock F_xCClltive Director n 0 �01- CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 231 Agenda August 20, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Motion to Accept Effluent from Sanitary Sewer Serving the Vo Tech Property The Cape Girardeau Public School's new Career Center (Vo Tech) located on the newly constructed portion of South Silver Springs Road has completed construction of a sanitary sewer lateral to serve the new facility. This is a private line, constructed under a private contract and inspected by city construction inspectors to assure compliance with city regulations. Since this sanitary sewer lateral connects to the City's sanitary sewer system, it is necessary that the City agree to accept the effluent from this line; therefore, it is requested that the Council now accept, by motion, the effluent from this line into the City's system. MAL/MGM/dc Respectfully submitted, ark A. Lester, P.E. lAbity Engineer Michael G. Miller City Manager CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 232 Agenda August 20, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Motion Approving Improvement Plans The developer of Woodland Place Subdivision No. 10, a residential subdivision located on the north side of Lexington Avenue between Kent Street and Rampart Street, has submitted plans for sanitary sewers, stormwater, and water improvements that conform to the city specifications. It is recommended that the Council approve by motion the improvement plans for the improvements in Woodland Place Subdivision No. 10. Respectfully submitted, MAL/MGM/dc �91 M4 A. Lester, P.E. C Engineer Michael G. Miller City Manager 29 r), 19::::�. CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 233 Agenda August 20, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Acceptance of Water Main Extension to Serve the McCulley Apartments This extension of the water distribution system which will serve the McCulley apartments located at 431 Olive Street is now complete in accordance with the plans and specificatiorfs approved, and ready for acceptance into the City's water system. It is recommended that the City accept this 6" water line into the City's system. MAL/MGM/dc 5Z Respectfully submitted, Mark A. Lester, P.E. City ineer 1.4 Michael G. Miller City Manager CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 234 0 Agenda August 20, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau Dear Mayor and Council Members: SUBJECT: COMPENSATION FOR CITY COUNCIL MEMBERS At the August 6, 2001, City Council meeting, Councilman Stoffregen requested Staff to research the issue of compensation for City Council Members, and to place that issue on tonight's agenda for discussion. Section 3.05 of the City Charter, adopted by the voters of the City of Cape Girardeau, on November 3, 1981, states as follows: Section 3.05. Compensation. Each councilman shall receive a salary of one hundred dollars ($100.00) per month for his or her services. The mayor shall receive a salary of one hundred fifty dollars ($150.00) per month. Every five (5) years after the effective date of this charter the salaries of councilmen and mayor shall be reviewed by the members of the council, which may adjust the salaries by ordinance. This section shall not apply to increase any salaries during a term of office; any increase shall become effective at the start of the next succeeding term. Prior to the effective date of the City Charter, compensation for City Council Members was governed by ordinance. Specifically, Ordinance No. 12, adopted October 6, 1965, and codified in Section 2-14 of the old City code, stated that: Sec. 2-14. Compensation. Effective September 20, 1965, the salary of the five (5) members of the city council shall be Hon. Mayor & City Council Agenda August 20, 2001 Page 2 established at one hundred dollars ($100.00) per year for each councilman, payable quarterly. During the fifth year following the adoption of the new City Charter, the City Council adopted Ordinance No. 300 on February 19, 1986. That ordinance repealed Section 2-14 and replaced it with Section 2-4, which restated the compensation amounts set out in City Charter Section 3.05. In 1990, the City Code was completely recodified. However, Section 2-4 was apparently omitted from the new City Code, even though we can find no record that Section 2-4 was ever repealed by the City Council. Hence, Section 3.05 of the City Charter and Section 2-4 of the City Code are still in effect. If the City Council wishes to change the compensation of its members, it may do so by passing an ordinance to that effect. Any increase in the salary rate, however, shall not apply during an individual Council Member's term of office. That increase shall only become effective at the start of the next succeeding term. Respectfully submitted, WEC/MGM/dgn Kichael G. Miller City Manager u u T CITY OF CAPE GIRARDEAU Office of the City Manager W The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Appointment to Board of Appeals Dear Mayor and Council Members: Council Memorandum No. 35 August 15, 2001 At the present time there is one vacant term on the Board of Appeals due to the previous resignation of Ralph Maxton. A copy of the board roster is attached for your information. Section 121.1.1 of the 1993 BOCA Code (as amended by the city) stipulates that the Board shall consist of seven individuals, not more than two from each of the following professions: (1) registered architect, or builder or superintendent of building construction with 10 years experience; (2) registered design professional with structural engineering or architectural experience; (3) registered design professional with mechanical or plumbing engineering experience, or mechanical or plumbing contractor with 10 years experience; (4) registered esign professional with electrical engineering experience or an electrical contractor with 10 years experience; registered design professional with fire protection engineering experience or a fire protection contractor with 10 years experience. Attached is an application of Joe Burton who has expressed interest in serving on the Board. Mr. Burton qualifies with both structural engineering experience (number two above) and mechanical engineering experience (number three above). There are no other applications on file for this board. Mr. Michael Annis and Mr. Tom Phillips are alternate members of this board. However, due to the regulations that no more than two individuals from each of the listed professions serve on the board, they would not be eligible to serve as full members of the board. Unless directed otherwise, one appointment to the Board of Appeals for a term expiring June 4, 2003, will appear on your September 4 agenda for consideration. If you need any further information, please let us know. W Respectfully submitted, city Manager CITY OF CAPE GIRARDEAU, MISSOURI nezter of 4.00sory Po,,1rdP e ►ri Committees 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. Mark Strickland (mechanical) Paul Grebe (plumber) Thomas E. Phillips(architect)(alternate) vacant David R. Alberson (architect) Michael Annis (contractor)(alternate) David C. Pfeiffer (structural engineer) Farris Nabors (contractor/electrician) Anton J. Sebek (architect) Board ofAppeals Date Appointed Date Reappointed Term Expires 8/21/00 (alt.), April 2, 2001 --- June 4, 2002 May 15, 2000 --- June 4, 2002 May 4, 1998 --- May 4, 2003 June 4, 2003 7/7/93 (alt.), July 18, 1994 5/17/99 June 4, 2004 April 2, 2001 --- June 4, 2004 June 5, 1990 7/11/95, 5/15/00 June 4, 2005 December 18, 1995 9/23/00 September 4, 2005 June 4, 1990 7/1/91, 7/l/96, 6/4/01 June 4, 2006 Serve five year terms, appointed by Council. Of the seven members, no more than two from each of the following professions: (1) Registered design professional that is a registered architect; or a builder or superintendent of building construction with at t 10 years experience 5 of which shall have been in responsible charge of work; (2) Registered design professional with ctural engineering or architectural experience; (3) Registered design professional with mechanical or plumbing engineering vxpenence; or a mechanical or plumbing contractor with 10 years experience 5 of which shall have been in responsible charge of work; (4) Registered design professional with electrical engineering experience; or an electrical contractor with at least 10 years experience 5 of which shall have been in responsible charge of work; (5) registered design professional with fire protection engineering experience; or a fire protection contractor with at least ten years experience 5 of which shall have been in responsible charge of work. Meetings held second Thursday at 7:00 p.m. in Council Chambers. Staff contact - Inspection Services Director. (Diana) r) AUG -09-2001 17 05 CITY MANAGER CAPE GIR MO CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name do(-- Da b u r fio n P. 01/01 Home Address 1582 PARKSf 1G ST Evening 33SY8f347 Year Current Residence in Cape Girardeau Began ,amu Gu ST 19-7q Current Employer and Position _ f3uP;or�J _ nr'iAJFER1,4/G' -- P,,e&`-1D6yT Previous Employers and Positions Ki ss a -5i D fa►�l2oJG-C ( E�tGii✓C In which Board(s) are you interested'? —t 9L,S Special Qualifications for/specific board(s) (includ-e past board service) /V A// GiA/&i,t%G All iR t'� ia.c / </ s/Gii./ /N/s� : iy �t/ ; /941 /���P- W ,C1, ST z'ED FEs�e.��L &A16,1C — 2:!/1E5 0 Educational Background U/1 /'l 55e)ur, R,, LSA �C/STE.E' NG'I�tIEE,� E �n Communi Activities (Include offices held and committee service) - eN Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly �_ A,rlytime B. Morning Noon Afternoon—Bvening X Anytime By signing this document, you agree to serve atnd attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that fti ure membership on the board is no longer your desire. Signed X14 4 Date /C l and 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 61.7, Cape Girardeau, MO 637024617. Proceedings of the City Council, City of Cape Girardeau, Mo. R- crada ' Session - August 6.2001 225 roo„n9s REGULAR SESSION — JULY 16, 2001 Council convened in regular session on Monday, August 6, 2001, at 7:00 p.m. with Mayor. Albert M. Spradling III presiding and Council Members Richard Eggimann, Matt Hopkins, Tom Neumeyer, Jay Purcell, Frank Stoffregen and Hugh White present. The invocation was presented by Mr. White, and the Pledge of Allegiance was recited. The City Council convened in closed session prior to the regular session for purposes of discussing confidential or privileged communications with its attorney and legal actions or litigation pursuant to RSMo. Section 610-021(1), upon Mr. Hopkins' motion, Mr. Stoffregen's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. The minutes of the July 16, 2001, regular and closed sessions were approved upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. The agenda was adopted as distributed upon Mr. Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mayor Spradling announced that the council has a policy that speakers appearing before the Council be limited to five minutes for comments. He requested that those appearing please refrain from repeating what someone else has said and attempt to keep comments to a minimum. This being the date set for 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 R4, multiple family residential district, the hearing was opened. Mr. Bo Shantz appeared in support of the request. Upon questioning by Mr. White, he explained that it was his understanding that the proposed developer of this property intends to construct upscale apartment townhomes. Mr. Virgil Jones of the Rebel Group appeared and stated that the company has a contract to purchase this property from Mr. Shantz. Development plans include 16 units in four buildings with a home -like appearance. There being no further appearances, the hearing was closed. BILL NO. 2001-154 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF THE NORTH SIDE OF LEXINGTON AVENUE, BETWEEN PERRYVILLE ROAD AND STEVEN DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO R-4 The first reading of BILL NO. 2001-154 was approved upon Mr. Stoffregen's motion, Mr. Eggimann's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. This being the date set for 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 28 -foot portable building in the 2100 block of William Street (Town Plaza parking lot) in a C-2, general commercial district, the hearing was opened. The City Planner's Council Letter in the agenda Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOn August 6, 2001 226 --z!ipeciai use Keguiations- trom the city code; (z) the Application for special use Fermit; ana (s) the application file. Mr. Tyson Zahner, owner of Ty's Summer Snow, explained that he plans to expand his current business at its present location. The unit will be two separate buildings put together, built on a steel frame. There being no further appearances, the hearing was closed. BILL NO. 2001-155 was given first reading as follows: 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 The first reading of BILL NO. 2001-155 was approved upon Mr. Eggimann's motion, Mr. Neumeyer's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. This being the date set for a public hearing regarding the request of 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, the hearing was opened. The City Planner's Council Letter in the agenda packet presented for the record a certified copy of the following items: (1) Section 30-39 entitled "Special Use Regulations" from the City Code; (2) the Application for Special Use Permit; and (3) the application file. Mayor Spradling announced that Missouri Court rulings indicate that cities do not have zoning authority over the construction of a church; therefore, this public hearing will focus on the requested daycare only. Rev. Gary Brothers of First Assembly of God explained that the Kids Corner Daycare has been part of the church's ministry for 27 years. It is an extension of the church's ministry to the community. It will be totally enclosed within the church facility, and over one-half of the employees are church members, including all of the management. Bible lessons are taught to the children, and they pray with the children. They also have a children's ministry team that comes in to the daycare once per week to present programs to the children. In fact, during his tenure as pastor, they had one occasion when a parent withdrew their child based on the religious teaching they were giving and the focus on the Bible, because they did not want their child under that. Currently, approximately 115-120 children per day attend the daycare from throughout the community. The church does not expect this number to increase when they move to the new facility. The plans they have drawn up do not include much expansion for the daycare. The daycare is not limited to children of members of the congregation and is open to whomever would like to come. Upon questioning by Mr. Neumeyer he explained that the church ministry operates from three locations, including the present church, the old May Greene School, and the itold Save -A -Lot building in the Town Plaza. When the new facility is opened, the present church building will be sold, and all activities occurring there will be moved to the new facility. Their youth ministry and youth offices are in the old Save -A -Lot building on Kingshighway. They want that function to stay there since it is a high traffic area for high school and college age kids. They minister to over 350 children per week at the old May Greene School, but they will also remain at that location. They will not come to the new facility on Hopper Road. Mr. Purcell stated that the current church has approximately 145 to 150 paved parking spaces and 45 to 50 gravel parking spaces, and questioned why the proposed new church has parking for over twice that amount. In addition, he stated concerns that the daycare is a commercial venture and will encounter traffic problems in the area, and questioned how the daycare would be advertised. Proceedings of the City Council, City of Cape Girardeau, Mo. = Rpunlar Session August 6, 2001 227 _ He stated that some people at the Planning and Zoning Commission meeting said that the c urch would be bussing people to the new facility, and that over 600 cars exit the parking lot at the end of a service. Rev. Brothers stated they could not stack 600 cars on the parking lot in 201 spaces. He said this past weekend was a typical attendance for the church. Saturday evening they had 85 cars in the parking lot. Sunday morning's first service had 163 cars, Sunday morning's second service had 183 cars, and Sunday evening they had 164 cars in their parking lot. The cars do not all exit at the same time. The opponents' figures about traffic flow are not true. They do not bus people to services now. They stopped bussing after a Saturday night service was added in October of 2000. Rev. Brothers explained that membership at the church is 2,000 but that an average single service attendance at the church building is around 350. This total membership figure of 2000 people, however, includes all of their activities and locations. It includes 150-200 youth ministered to on Wednesday nights, up to 400 at the May Greene School facility, and their "networks ministry" of meetings taking place in individual homes involving 600-700 people from Sikeston to Marble Hill. The new church is hoping for expansion of its membership and plans for 490 parking spaces, but the new facility only seals 1000 people. They intend to continue with multiple services, or else they would be full the first Sunday they moved in. Church statistics show that they can only maintain 85 percent of capacity in either the seating or the parking spaces. They have to give people room. People will only fill up the other 15 percent at special events. They overbuilt on purpose. Because of traffic concerns, the church did not consider this expansion until the new Hopper Road was built. He said there is not one driveway that comes out on this section of new Hopper Road. Children are brought to the daycare early in the day and are picked up at various times throughout the day. However, the number of cars coming for the daycare center would be miniscule compared to the number of cars that would travel that road if the area were developed as a subdivision. It was his opinion that the traffic for the daycare would not be significantly noticed because it will follow the new Hopper Road. He did not feel people would use Old Hopper Road when they could use the straighter new Hopper Road. Until recently, Mount Auburn Road where the church is now has only been two lanes, and they have not had any problems. The sign for the church and daycare will be a combination sign similar to the present signage, and the advertising will not be any different than what is currently being done. Mr. Mark Lumbeck, 3719 Old Hopper, appeared and stated the road to the church will be near his backyard and questioned if the city could do anything about it. He stated he was not opposed to the church or the daycare, but he did not want a road in his backyard. Mayor Spradling responded that the temporary construction road will be at the top of the hill on Old Hopper Road, and issues relating this temporary street can be addressed in the special use permit. Mr. Samuel Smith of Smith and Company, engineers for the project, stated that the road to the church will be approximately 30' from the rear of Mr. Lumbeck's property, but the church would be receptive to putting in a screen of trees or bushes. The plan presented is a preliminary plan and is subject to change, even as to the placement of that road. Ms. Scarlett Followell appeared and stated she lives in Twin Lakes Estates. She said this area was annexed by the city and provided city water and sewer without a choice, and the traffic is already bad without the church complex in place. It was her opinion the church needed to build elsewhere in the city. Mr. Bob Dodson, 3317 Kage, appeared and stated he has frontage on the new Hopper Road. the south side of Hopper was sold for residential use without access to Carolewood Subdivision, and if it is developed, there could be driveways onto Hopper Road. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 6, 2001 T00,,, Mr. Sam Drusch, attorney, appeared on behalf of many of the neighbors anproperty owners opposed to the church daycare. He stated the special use permit process has regulations dealing with daycares, and he read portions of the City Code relating to this, including a statement that he thought a daycare in a residential area could have no more than ten children. Upon questioning by Mr. Drusch, City Attorney Eric Cunningham stated that the ordinance and special use permit do not restrict the number of children in the daycare. Mr. Drusch continued that the main concern is that the daycare is a commercial establishment, regardless of what Reverend Brothers said, meant to make a profit, in a residential neighborhood. He said that whatever the church charges per child, times the number of children, is "commerce." There are lots of daycare centers throughout this city. They are not all located in churches, and they are not required to be in churches. They are established to make money, and so is this one. Kids go there for the church to make money. He pointed out that the City Council had been told that participation in the daycare was not limited to parishioners' kids. He said that special use permit regulations state that commercial establishments, except for marinas, are not allowed in residential areas, and if this is approved, it was his opinion it would constitute spot zoning. Mr. Judd Marquis, 3713 Hopper, appeared and stated that there will be roads on three sides of his property, and he felt he was being bullied off of his property. Mr. Liam Maher appeared in opposition to the recreation complex proposed by the church. He did not feel it was necessary when the Osage Community Centre was in close proximity of the church. Mayor Spradling responded that the City Council is only considering the daycare and not the entire complex. Mr. Bruce Jateff appeared and displayed four maps indicating property owners who have signed a petition opposing a special use permit for this property. Mr. Jateff read the petition and stated there are a total of 226 signatures. Mr. James Shandy presented another page of the petition to the City Council. Mr. Purcell stated that the petition will need to be verified and authenticated to determine whether a super majority vote by the Council will be necessary. Ms. Dorothy DiGirolamo, 1002 Camino Court, appeared and stated that petition submitted was for the daycare and all other proposed uses on this site, but not the church. Traffic is a problem now and will be worse when school starts. Mr. Steve LeGrand, 3618 Old Hopper, appeared and stated that this portion of Old Hopper is very poorly maintained by the Cape Special Road District, and the street will not be able to handle the construction traffic. He opposed the temporary construction entrance because he said many times temporary becomes permanent. Mayor Spradling responded that if the special use permit is not approved for the daycare, the city will have no control over the proposed entrance to the church. Upon questioning by Mr. Purcell, Samuel Smith explained that it was the recommendation of the Planning and Zoning Commission and the city staff to designate Old Hopper Road as a temporary construction access, and therefore it is on the proposed plan. If the city opposes this entrance, the church can build the permanent street from Hopper to the church property and use this as a construction entrance. The church does not need to use Old Hopper Road as a temporary construction entrance at all. Ms. Sandy Donnelly, a member of the church and developer in the city, stated she developed Windwood Lake Estates and added 15' of trees to the outside of the subdivision to protect it from any potential streets that could be constructed in the future up to the property line. She Proceedings of the City Council, City of Cape Girardeau, Mo. RP4ul�r Session continued that she did not understand the opposition to the church plan because the church has done nothing but good for the community. The daycare is a bible base for children, and although the church does not pay taxes, the members do. They daycare has been there for 27 years. She goes to church there Sunday morning and Sunday night, and traffic is not a problem. She has never had a problem getting out. There being no further appearances, the hearing was closed. BILL NO. 2001-156 was given first reading as follows: 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 Mr. White made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 2001-156. Mr. Purcell made a motion, seconded by Mr. Neumeyer, to amend the ordinance by removing the church from the special use permit. The amending motion was approved upon the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. The original motion was approved as amended upon the following roll call vote: Hopkins, aye; Neumeyer, nay; Purcell, nay; Spradling, aye; Stoffregen, nay; White, aye; Eggimann, aye. This being the date set for a public hearing regarding the property tax rates proposed to be set by the City of Cape Girardeau for the fiscal year beginning July 1, 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, the hearing was opened. There being no appearances, the hearing was closed. Mr. Shawn Cassidy 784 Pinson Ct, Pevely, Missouri, appeared and presented a statement, a copy of a court case City of Cape Girardeau v. Joyce, and his response to the court case regarding gun control and the right of each citizen to keep and bear arms. He read Section 17-98(a)(5) of the City Code and Section 21.750(3) of the Revised Statutes of Missouri regarding openly carrying firearms. He stated it was his opinion that under the constitution it is the right of every citizen to bear arms for their own protection, and he requested the City Council to repeal the above section of the city code. Mr. Eggimann commended the Cable Television Advisory Committee on the Cable Customer Survey they prepared and had distributed, and he requested all residents to complete the survey and return it. The following bills were given second and third readings: BILL NO. 2001-149 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 August 6, 2001 230 r%_1 EASEMENT FROM GREATER CAPE GIRARDEAU AREA BENEVOLENT ASSOCIATION TO CONSTRUCT A RAIL SPUR IN THE GREATER CAPE GIRARDEAU AREA INDUSTRIAL PARK BILL NO. 2001-152 AN ORDINANCE APPROVING THE RECORD PLAT OF McDONALD'S SUBDIVISION The second and third readings of BILL NOs. 2001-149, 2001-151 and 2001-152 were approved and the ordinances adopted upon Mr. Purcell's motion, Mr. White's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-149 is ORDINANCE NO. 2917; BILL NO. 2001-151 is ORDINANCE NO. 2918; BILL NO. 2001-152 is ORDINANCE NO. 2919. BILL NO. 2001-159 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED AND A QUIT CLAIM DEED FROM RANDOL FARMS DEVELOPMENT, INC. FOR THE KENT DRIVE PROJECT The first reading of BILL NO. 2001-159 was approved upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-160 was given first reading as follows: 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 The first reading of BILL NO. 2001-160 was approved upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-161 was given first reading as follows: 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 The first reading of BILL NO. 2001-161 was approved upon Mr. Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-163 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE RELATING TO POSSESSION OR CONSUMPTION OF ALCOHOL IN PUBLIC Proceedings of the City Council, City of Cape Girardeau, Mo. Reanlar .Session The first reading of BILL NO. 2001-163 was approved upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-164 was given first reading as follows: AN ORDINANCE AMENDING SECTION 19-9 OF THE CITY CODE RELATING TO PERSONNEL POLICIES, APPEALS AND DUE PROCESS PROCEDURE The first reading of BILL NO. 2001-164 was approved upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-165 was given first reading as follows: 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 The first reading of BILL NO. 2001-165 was approved upon Mr. Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-167 was given first reading as follows: 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 The first reading of BILL NO. 2001-167 was approved upon Mr. Hopkins' motion, Mr. White's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-168 was given first reading as follows: AN ORDINANCE PROVIDING FOR THE LEVYING OF THE ANNUAL CITY REVENUE TAX; LIBRARY FUND TAX; PUBLIC HEALTH TAX; DEBT SERVICE FUND TAX; SPECIAL BUSINESS DISTRICT NO. 2 TAX; FOR THE FISCAL YEAR ENDING ON THE 30TH DAY OF JUNE, 2002 The first reading of BILL NO. 2001-168 was approved upon Mr. Hopkins' motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-157 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL RECORDS PRESERVATION GRANT AGREEMENT, WITH THE MISSOURI SECRETARY OF STATE Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 6, 2001 232 The reading of BILL NO. 2001-157 was approved ana the resolution aaoptea upon mr. Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-157 is RESOLUTION NO. 1691. BILL NO. 2001-158 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CAPE GIRARDEAU REDEVELOPMENT CORPORATION The reading of BILL NO. 2001-158 was approved and the resolution adopted upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-158 is RESOLUTION NO. 1692. BILL NO. 2001-162 was presented as follows: 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 TO EXECUTE ALL NECESSARY GRANT DOCUMENTS The reading of BILL NO. 2001-162 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer (abstain), Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-162 is RESOLUTION NO. 1693. Mr. Keith Whitworth was appointed to the Cable Television Advisory Committee for a term expiring February 20, 2004, upon Mr. White's motion, Mr. Neumeyer's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mr. Don Boyd and Ms. Verna Nelson were appointed to the Historic Preservation Commission for terms expiring April 16, 2003, and Ms. Amy Chiles was appointed for a term expiring April 16, i! 2004, upon Mr. Purcell's motion, Mr. Hopkins second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mr. Hopkins made a motion, seconded by Mr. Stoffregen, to conditionally approve 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. The motion was approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mr. Stoffregen made a motion, seconded by Mr. Neumeyer, to approve 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. The motion was approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell Spradling, Stoffregen, White. Nays, none. Mr. Purcell made a motion, seconded by Mr. Neumeyer to approve 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 Proceedings of the City Council, City of Cape Girardeau, Mo. Reunlar Session August 6, 2001 233 Building, #3 northwest of the Arena Building, and #4 northeast of the Arena Building. 'The motion was approved upon the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mr. Purcell made a motion, seconded by Mr. Neumeyer to approve 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. The motion was approved upon the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. There being no further business, the Council adjourned upon Mr. Stoffregen's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. A. M. Spradling III, Mayor Gayle L. Conrad, City Clerk Public Information Office DRAFT Public Awareness Advisory Council Meeting July 16, 2001 MINUTES Present: Councilman Richard Eggimann, Vice -Chairman Councilman Hugh White Michael G. Miller, City Manager Walter Denton, Assistant City Manager Tracey Glenn, Public Information Officer Absent: Councilman Jay Purcell, Chairman Melvin Gateley, Ex -officio Call to Order - The meeting was called to order by Vice -Chairman Richard Eggimann. Approval of Minutes — Mr. White made a motion to approve the minutes of the June 18, 2001 meeting. Mr. Eggimann seconded and the motion passed unanimously. Staff Report: Old Business — • Airshow publicity information • Fireworks update • Cable survey update New Business - • Groundbreaking for Siemers Drive • New Missourian reporter Scott Moyers Other Mr. Denton mentioned that a current list of weed complaints is currently on the website. There is also a complaint form available. The next meeting was set for Monday, August 21, 2001, at 4:30 p.m. Mr. White made a motion to adjourn and Mr. Miller seconded it. Cable Television Advisory Committee Meeting May 15, 2001 DRAFT Minutes Present: Chairman Jim Dufek Susan Hekmat Vice Chairman Bruce Mims Robert Sumner Secretary Peter Hirschburg Andrew Chronister Rick Lambert Dan Rau Mark Lanzotti Laura Holloway Tracey Glenn, Public Information Officer Absent: Greg Petrowich The meeting was called to order. Ms. Hekmat moved approval of the April 17, 2001 minutes. Mr. Sumner seconded and the minutes were approved. Dr. Dufek reported that the new system should be online by midnight May 16. Dr. Mims asked about what Charter's compliance date was and Dr. Dufek said he thought it was May 1. The Committee decided to meet only in subcommittee form during June and July. The subcommittees would meet if necessary for the survey or channel 5 equipment. Seeing no further business, Ms. Hekmat moved to adjourn, seconded by Mr. Lambert. The motion passed. The next regular Cable Television Advisory Committee Meeting will be held Tuesday, August 21, 2001, at 6:00 p.m., at the Public Information Office. AIRPORT BOARD MINUTES June 12, 2001 Airport Restaurant Members Present: Harry Drummond, Fred Eggley, John Ferguson, Will. Gerry Keene, III, Mark Seesing, Jim Withers Members Absent: Jim Trickey, J. Fred Waltz Others Present: Bruce Loy, Airport Manager; Carol Peters, Administrative Secretary; Marc Power, Southeast Missourian; John Dearden, President, Renaissance Aircraft L MINUTES OF PREVIOUS MEETING Mr. Ferguson made a motion to approve the minutes of the May 8, 2001 meeting. Mr. Seesing seconded the motion. The motion passed by unanimous vote. At the May meeting, Mr. Robertson was re-elected as Vice -Chairman of the AirportAdvisory Board. Unfortunately, Mr. Robertson missed more meetings than allowed by the attendance policy and has decided. -not to reapply for the board at this time. Therefore, the board elected a new vice-chairman. Mr. Seesing made a' motion which Mr. Ferguson seconded to appoint Mr. Keene as Vice -Chairman. IL OLD BUSINESS A. Monthly Activity Report — Mr. Loy reported the good news.that TWE enplanements were up dramatically for the month of May. The load factor for May was 48% compared to 38% in April. Apparently the advertising is beginning to work. Mr. Loy plans to continue the advertising campaign with the help of Corporate Airlines. Mr. Loy also reported that local traffic is down slightly. B. Renaissance Aircraft Update — Mr. John Dearden, President, Renaissance Aircraft, was present at the meeting to discuss issues with the board and update them on the progress of their operation. He explained that the building design is almost ready for RFQ's to be sent out. There is a slight problem with some wording on the State's Action Fund Loan documents that the City and State are trying to work out at this time. The pending lawsuit has not yet been resolved. Renaissance has 12 people already on a waiting list who have made a deposit for an -'aircraft when manufacturing begins. Mr. Dearden explained that after two years a workforce of over 200 people is expected to manufacture between 250 and 500 aircraft per year. It is hopeful to have construction of the new facility beginning in late summer or early fall. C. Air Festival Update - Mr.' Loy reported the air festival plans are moving along well. Several volunteers came to ;the last meeting. A confirmation has been made with all the performing pilots. Mr. Seesing suggested to Mr. Dearden to have their hangar open for the public to view their manufacturing equipment and dyes. Mr. Seesing also stated that the Pearl Harbor reenactment is a perfect opportunity for us to respect and pay tribute to our veterans and challenged the board members to find a way to help with the funding for the show. He asked the board to put forth the extra effort to get the money coming in. It takes more than the staff and volunteers on the ground to make the show work. Mr. Loy added that trying to find sponsorships for the show is by far the most difficult part of organizing the show. He stated that there is still a gap in funding that he does not feel comfortable with and the show at this point is still looking at a deficit. D. Discussion Regarding Marketing Plan Update- Mr. Loy presented the board with a draft outline of the airport's updated marketing plan. He requested the board's input on the draft. The board suggested including the restaurant and industrial development to the plan. E. Master Plan Update — The first planning advisory team meeting in reference to the Airport Master Plan was held last week. Mr. Loy explained he will try to schedule the next meeting on the same day as a board meeting so that the consultants can also present the information to the advisory board. The consultants are currently in the inventory and forecasting stage. The forecast will be presented to the FAA when the lengthy process is complete. During the process, several meetings will be held including some with members of the community and planning and zoning officials. .tune 12. 2001 Page I of 2 IV. NEW BUSINESS A. Discussion Regarding Future Hangar Development — Mr. Loy reported that the airport is in dire need for more hangar facilities. We currently have twelve people on our t -hangar waiting list. We are losing planes to Perryville and Sikeston due to lack of hangar space. The board agreed it is very important to get more buildings on the airport. Mr. Loy agreed to speak with Mr. John Richbourg, Finance Director, regarding% funding options available prior to the next board meeting. B. 2001/2002 Fiscal Budget — Mr. Loy presented the board with a copy of the, Airport' 2001/2002 fiscal year. He showed the board that the budget for the upcomtn2g-,fiscal,' ,� fiscal year two years ago. He stated the two main capital projects for the upcoming y ramp replacement and the purchase of a new snowplow with the aid of FederaLibrids. V. ADJOURNMENT There being no further business for discussion, Mr. Eggley made a motion. The meeting was adjourned at 6:30 p.m. Minutes prepared by Carol Peters, Administrative Secretary Minutes Approved By: J. Fred Waltz Chairman Airport Advisory Board budget for the than that of the of the t -hangar guson seconded the June 12, 2001 Page 2 of 2 MINUTES BOARD OF APPEALS City of Cape Girardeau P.O. Box 617 Cape Girardeau, Missouri 63702-0617 July 12, 2001 The Board of Appeals met Thursday, July 12, 2001 at 7:00 p.m. in the Council Chambers, City Hall 401 Independence St.. Members Present: Paul Grebe, David Pfeiffer, Tony Sebek, Dave Alberson, Farris Nabors, Mark Strickland, Tom Phillips (alternate) and Michael Annis (alternate). Members Absent: Call to order at 7:00 p.m. by Dave Pfeiffer Vice -Chairman. Roll Call. Motion was made by Tony Sebek to accept the minutes from the May 10, 2001 meeting. Tom Phillips seconded the motion, motion passed 8-0 in favor. Discussion of 2000 International One & Two Family Dwelling Code, chapters 1-5. Section 105.2 Work Exempt From Permit: Discussion opened with accessory structures under 200 feet is exempt from permits. The City Ordinance states accessory buildings under 100 feet shall be exempt. But what does the Missouri state statute states in this matter? Should all these all be the same or should the residential code and the building code be the same or would it be too confusing if these were different. The International Building code states 120 feet for accessory buildings. Tom Phillips made a motion to accept the code at the 200 feet exemption in Section R105.2 (1), motion died for a lack of a second. Section R105.2 (4) A mechanical item that was exempt but city staff wants this to be included in the permit -required section. The board is asking why the staff wants this included in the code book. At this time die staff member requesting this change is not present at the meeting. The board would like an explanation at the next meeting. This discussion is tabled until the next meeting. Section R106-1.1 The board said construction documents was not defined in the code. Tony Sebek would like to see this simplified with a site plan, foundation plan, floor plan, elevation and sufficient details. John indicated that lie had typed up the requirements and at this time the office was handing this out to customers. John will provide a copy of the list to the board. Section R112.3 Board of Appeals (Qualifications) This section should be amended to reflect the city ordinance. Tony Sebek made at motion to amend Section R112.3 BOARD OF APPEALS MINUTES July 12, 2001 Page 2 Qualifications for the Board of Appeals should be struck and its wording in its place to adopted from the City Code of Ordinances. In the discussion of this section it was decided the City Attorney would be looking over this section in the future. Tony Sebek withdrew the motion. Section RI 14 Stop Work Orders. A staff member brought up this section before the Board, lie wanted to discuss violations. But this is covered in the City Code of Ordinance. Mr. Chairman asked if there was any discussions about the chapter on definitions, Tony Sebek said he wanted a better understanding of die one for building. You have a townhouse which would be separated by firewall into single units for a group of three or more attached dwelling units. What they are trying to determine is if a townhouse with a fire separation should fall under the residential code or should it fall under the building code? Doesn't state law have a definition for townhouses and if they would require an architect to design the townhouse? It was decided to check on state law on townhouses to help with the definition. Section R310 Emergency escape and rescue required. Is a double hung window useable for the means of escape egress required? Mr. Annis said the commentary states it was useable. But the staff stated the requirement is "without any special tools or knowledge" and it would not meet that requirement. Section R316.2 Guard opening limitations. Required guards shall not be constructed with horizontal rails or other ornamental pattern that results in a ladder effect. Sometime in a design of a home someone wants to have this effect in the guard rail design. Section R314.2 Treads and Risers. Mike Annis brought up changing the code to 9 '/a for tie tread size instead of the 10", so it is easier to get the stairs in the smaller. homes. Section R317.1 Smoke Alarms. A member of the Board would like this to be left in the codebook and adopted as it is listed. In the adoption of the CABO 1995 code the section was modified, taking out smoke alarms in each sleeping room. He feels this is not a great expense, but a very important safety issue for new homes. A suggestion was made for discussion to limit the meetings when discussing the codes to one and half-hour per meeting. This would only pertain when we don't have any appeal requests. Farris Nabors made a motion to limit the meetings on discussions of the codes to 1-'/s hours. Tony Sebek seconded the motion, motion passed 8-0 in favor. The Board requested tie City Attoniey to attend the next regular meeting to discuss the legal aspects of the Board, particular the findings and conclusion for appeals. BOARD Or APPEALS MINUTES ,July 12, 2001 Page 3 Being there was no other business at flus time, a motion was made to adjourn. The meeting adjourned at 8:45 p.m. The next meeting of the Board of Appeals is scheduled for August 9, 2001. etfully Submitted, Dave Alberson Secretary BOARD OF EXAMINERS MINUTES City of Cape Girardeau P.O. Box 617 Cape Girardeau, MO 63702-0617 June 6, 2001 To the Honorable Mayor and Council of the City of Cape Girardeau, Missouri Gentlemen: The Board of Examiners meeting was called to order on Wednesday, June 6, 2001, at 7:00 p.m. The minutes of the May 2, 2001 meeting was approved. The Board reviewed the qualifications of the following applicants for examinations for mechanical installer and electrical maintenance licenses. 1. Donald Beard Mechanical Installer TABLED Donald Beard's application was tabled to the next regular board meeting, he was not present for his application to be reviewed for Mechanical Installer. 2. James Roberson - Mechanical Installer DENIED (REQUEST FOR RECIPROCITY) Dennis Coomer made a motion to accept the request from James Roberson to be reciprocated for Mechanical Installer license, Larry McElroy seconded the motion, the vote resulted was 5-0 to denied the application of James Roberson to be reciprocated for Mechanical Installer license. 3. Dennis Lorch Electrical Maintenance TABLED Dennis Lorch's application was tabled to the next regular board meeting, he was not present for his application to be reviewed for Electrical Maintenance. BOARD OF EXAMINERS MINUTES June 6, 2001 Page 2 The Board also reviewed applications from the following licensed electricians to be grandfathered under the new ordinance 4. Michael Duncan - Residential Electrician APPROVED Dennis Coomer made a motion to approve the application of Michael Duncan to be grandfathered as Residential Electrician. Dave Dormeyer seconded the motion, motion passed 5-0 in favor. 5. Gary Slaubaugh - Journeyman Electrician DOES NOT NEED LICENSE FOR HIS TYPE OF WORK Dennis Coomer made a motion to approve the application of Gary Slaubaugh to be grandfathered as Journeyman Electrician. George Reutzel seconded the motion. vote resulted 5-0 in favor to deny the request of Gary Slaugaugh to be grandfathered as Journeyman Electrician. City ordinance states he does not need a license for his trade, which is low voltage communications. 6. Jeff Smith - Residential Electrician APPROVED Dennis Coomer made a motion to approve the application of Jeff Smith to be grandfathered as Residential Electrician. Larry McElroy seconded the motion, motion passed 5-0 in favor. 7. Kenneth Ruiz - Journeyman Electrician APPROVED Dennis Coomer made a motion to approve the application of Kenneth Ruiz to be grandfathered as Journeyman Electrician. George Reutzel seconded the motion, motion passed 5-0 in favor. 8. Frank Wright - Master Electrician DENIED 9. Norman Kirn - Journeyman Electrician DENIED 10. John Priest - Journeyman Electrician DENIED BOARD OF EXAMINERS MINUTES June 6, 2001 Page 3 11. Greg Lacey - Journeyman Electrician DENIED 12. Christopher Jung - Journeyman Electrician DENIED 13. Tom Childers - Journeyman Electrician DENIED 14. Phillip Klingeman - Journeyman Electrician DENIED 15. Russell McNeely - Journeyman Electrician DENIED 16. Ronald Underwood - Journeyman Electrician DENIED 17. Herald Dodds - Journeyman Electrician DENIED 18. R.E. Davis - Journeyman Electrician DENIED 19. Gary Arnold - Residential Electrician DENIED 20. Doris Jean Arnold - Residential Electrician DENIED 21. Nealy Joiner - Residential Electrician DENIED A motion was made by George Reutzel to approve the above applications to be grandfathered as Journeyman and Residential Electricians; Dennis Coomer seconded the motion. The vote result was 5-0 to deny the applications of the above applicants. The board has denied the above applicants for Journeyman and Residential Electrician licenses because their applications lacked the information to be grandfathered for electrical licenses. As their 60 -day temporary license had expired on May 27`h, 2001, and the board had denied their applications they no longer hold electrical licenses with the City. They can reapply to the board to take the electrical exam. Chairman Dan Stitz made the Board aware of the holiday in July, which falls on the regular scheduled July meeting date. The Board unanimously voted to cancel the July meeting, and will meet at the regularly scheduled August meeting. The chairman asked the other Board members to look over the city ordinances in the next two months pertaining to the licensing and come up with some amendments to present to the City Council. George Reutzel made a motion to adjourn the meeting, Larry McElroy seconded the motion. The motion passed 5-0 in favor. The meeting adjourned at 7:55 p.m. The next scheduled meeting of the Board of Examiners is August 1, 2001. BOARD OF EXAMINERS MINUTES June 6, 2001 Page 4 Respectfully Submitted, Stan Wicks Secretary Present: Dan Stitz, Dennis Coomer, David Dormeyer, George Reutzel and Larry McElroy Absent: Stan Wicks Staff: Tarryl Booker and Dianna Barnes n CAPE GIRARDEAU CONVENTION & VISITORS BUREAU Members Present Tim Blattner Dennis "Doc" Cain Joel Neikirk David Ross Advisory Board Minutes July19, 2001 Convention & Visitors Bureau Members Present Kathie Brennan Judith Anne Lang Max Prill Steve Taylor, Chairman Staff Present Terri Clark -Bauer, Director Brenda Newbern, Group Sales Coordinator Debbie Frank, Administrative Secretary Members Absent John Wyman Ea -Official member John Mehner Chamber of Commerce, President Michael G. Miller, City Manager I. Call to Order Chairman Taylor called the meeting to order. Mr. Taylor introduced and welcomed Mr. Max Prill as the new Advisory Board member. Advisory Board members introduced themselves. II. Approval of Minutes Mr. Ross asked that a correction be made to the June minutes in section VII, item A. The change should read: Mr. Ross went on to say that the City does not contribute money to the (insert correction to say) Show -Me Center operating budget, nor do they receive any revenues. The city put five million into the construction project, which in turn allows the Show -Me Center to be open to the public. Mr. Ross made a motion to approve the June minutes as corrected. Mr. Cain seconded and the motion passed unanimously. III. Financial Report A. Income/Expense Report -Ms. Clark -Bauer reported that the City's Fiscal Year ended June 30. The restaurant revenue is under the projected budget amount. And the hotel revenue for the year-end shows a two and half- percent increase. Mr. Neikirk questioned that if the budget is already set and money is committed how other special projects could be funded? Ms. Clark -Bauer commented that the CVB Advisory Board would need to request additional funds from city council for a specific project. IV. Staff Reports A. Sales Report 1. Monthly Report -Ms. Newbern reported that during the month of June forty-nine files had been worked, thirteen had been closed, six were being serviced, eight were in development, and twenty-two had arrived and departed. Ms. Newbern went on to say for the month of July it looks as if there would be over a thousand boat passengers visiting. Ms. Lang commented that the newspaper reported a decline in the number of boat dockings for next year. Do we know what the boat schedule is for next year? Ms. Clark - Bauer commented that the Queens have six dates set and that there is no report from the River Barge Excursions as of yet. B. Director's Report -Ms. Clark -Bauer passed out the new format for the web site that is being developed by Webcurrent Communications. The web site should be completed by the end of August. Alton Riverboat Excursions —Ms. Clark -Bauer indicated that the Alton Riverboat Company has committed to the dates of August 101, 1 Ph, and IP along with September 28'x, and 29'h DRAFT Board Minutes July 19, 2001 Page 2 which is the same weekend as the City of Roses Music Festival. In addition the company has indicated interest in October 26-29. Mr. Cain remarked that it would not be possible for them to utilize the Riverfront docking area during the City of Roses Music Festival. Mr. Taylor asked if the topic of the Riverboat Excursions was the same as listed under Old Business. Ms. Clark -Bauer indicated that it was and that it was her error in reporting out of order. Mr. Cain indicated that he would like to approach the Board at this time with an item not listed on the agenda. The Advisory Board indicated no opposition. City of Roses Music Festival -Mr. Cain gave a report on the festival. This year the committee will locate two main stages on the riverfront. The bands will be on barges on the River, which could interfere with the Riverboat Excursions. The festival will start on Friday night, Saturday 11:00 a.m. to 11:00 p.m., and Sunday at 1:00 p.m. On Sunday the festival will feature gospel bands. Mr. Cain went on to say that the Zimmer Radio Group, and the Fox television station will be handling the event's advertising in-kind that will amount to thirty thousand dollars. Mr. Cain made a motion recommending the CVB sponsor a headline band for amount of five thousand dollars. Mr. Neikirk seconded. After the motion was made Ms. Brennan opened the discussion by asking, what the budget is for special projects? Ms. Clark -Bauer commented that she would have to research and report !rte back at the next board meeting to be able to give an accurate accounting of the money that has ( 1 already been committed. Ms. Clark -Bauer commented that in the past she has offered to fund out of town advertising for the City of Roses festival but the committee refused citing that they were not interested in drawing a bigger crowd. Mr. Taylor commented that this could be seed money for the festival, and let them do the advertising. Mr. Neikirk commented that the event would probably not generate a lot of hotel occupancy but would generate restaurant revenue. Hearing no other discussion Chairman Taylor called for the vote. Motion passed unanimously. V. Chamber of Commerce Report -No report given VI. Old Business A. H.O.G. Report- Ms. Newbern reported that the committee did not meet last month. And there are still hotel rooms available in Perryville, and Sikeston. Mr. Ross asked when the public awareness campaign would begin? Ms. Clark -Bauer commented that advertising would begin in the next couple of weeks. B. Radio Loop Update -Ms. Clark -Bauer passed out a fax that she received from ISS. She will follow up next month. The contact person with ISS was on vacation and unavailable to discuss the situation. C. Fireworks Recap -Ms. Clark -Bauer passed out pictures that were taken by Red Letter Communications. Ms. Clark -Bauer commented that the estimated attendance for the event was seven thousand. Ms. Clark -Bauer went on to say that Old Town Cape has indicated that they would be willing to organize the event for next year. Board Minutes July 19, 2001 Page 3 D. Evaluation Criteria- tabled until the next meeting. VII. New Business VIII. Other Business A. Mr. Blattner commented that it might be possible for the Riverboat Excursion Company and the Music Festival to combine their advertising. IX. Neat Meeting — Thursday, August 16s', 2001— 4:00 p.m. X. Adjournment Ms. Lang made a motion to adjourn the meeting. Mr. Blattner seconded the motion. Minutes prepared by: Debbie Frank Minutes approved by: Judith Anne Lang CVB Advisory Board Secretary DRAFT July 12, 2001 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. 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. 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 Honorable Mayor and Council Members July 12, 2001 Page 2 recommended for approval 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; 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 DRAFT August 13, 2001 To the Honorable Mayor and Council Of the City of Cape Girardeau, Missouri Gentlemen: The Planning and Zoning Commission met Wednesday, August 8, 2001. By majority vote, actual vote counted and in the file, we act and/or recommend as follows: 1. 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 September meeting. The vote on the motion to table the request was 10 in favor and 0 in opposition. 2. That the request of Assembly of God Church and the Cape Area Family Resource Center, Inc. for a Special Use Permit for the operation of a Family Resource Center at 1202 S. Sprigg be approved. 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. 3. That the record plat of Universal Real Estate, Inc. Townhouse No. 1 — Amended, be approved with the recommendation that variances be given for front lot width and side yards per letter of request. The vote on the motion to approve the plat was 10 in favor and 0 in opposition. There were no citizens present in opposition to this development. 4. That the record plat of Sherwood Valley Subdivision be approved. The vote on the motion to approve the plat was 10 in favor and 0 in opposition. There were no citizens present in opposition to this development. The Commission appointed a Cell Tower Committee to research and draft an ordinance to govern cellular communication towers. Members of this committee include Ray Buhs, Sue Ann Rademaker and Skip Smallwood. The committee's first meeting is scheduled for Wednesday, August 29, at 5:00 p.m. in the City Council Chambers Honorable Mayor and Council Members August 13, 2001 Page 2 Present: Haubold, Buhs, Mogelnicki, Rediger, Smallwood, Absent: Westrich Respectfully submitted, Thomas J. Mogelnicki Secretary Blank, Cox, Holshouser, McKinney, Rademaker, 0 0 0 DRAFT August 13, 2001 To the Honorable Mayor and Council Of the City of Cape Girardeau, Missouri Gentlemen: The Planning and Zoning Commission met Wednesday, August 8, 2001. By majority vote, actual vote counted and in the file, we act and/or recommend as follows: 1. 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 September meeting. The vote on the motion to table the request was 10 in favor and 0 in opposition. 2. That the request of Assembly of God Church and the Cape Area Family Resource Center, Inc. for a Special Use Permit for the operation of a Family Resource Center at 1202 S. Sprigg be approved. 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. 3. That the record plat of Universal Real Estate, Inc. Townhouse No. 1 — Amended, be approved with the recommendation that variances be given for front lot width and side yards per letter of request. The vote on the motion to approve the plat was 10 in favor and 0 in opposition. There were no citizens present in opposition to this development. 4. That the record plat of Sherwood Valley Subdivision be approved. The vote on the motion to approve the plat was 10 in favor and 0 in opposition. There were no citizens present in opposition to this development. The Commission appointed a Cell Tower Committee to research and draft an ordinance to govern cellular communication towers. Members of this committee include Ray Buhs, Sue Ann Rademaker and Skip Smallwood. The committee's first meeting is scheduled for Wednesday, August 29, at 5:00 p.m. in the City Council Chambers Honorable Mayor and Council Members August 13, 2001 Page 2 Respectfully submitted, Thomas J. Mogelnicki Secretary Present: Haubold, Buhs, Mogelnicki, Blank, Cox, Holshouser, McKinney, Rademaker, Rediger, Smallwood, Absent: Westrich 0 CAPE GIRARDEAU PUBLIC LIBRARY BOARD OF TRUSTEES Regular Meeting: July 26, 2001 ATTENDANCE: The Cape Girardeau Public Library Board of Trustees met Thursday, July 26, 2001 at 7 a.m. in the Hirsch Community Room of the Library. Present: President Donna Maguire, Sarah Nussbaum, Esther Hartmann, Dianne Meyr, Jill Smirl, Harold Hager. Absent: Sam Blackwell, Dee Loflin, Jane Jackson. Also present: Director Betty Martin, Phyllis Jackson, Paula Gresham- Bequette, Sharon Anderson. Donna welcomed new board member Harold Hager and introductions were made. MINUTES Upon a motion by Esther, seconded by Sarah, the June minutes were approved. BILLS The bills were presented for payment. Jill made the motion, seconded by Sarah, that the bills be approved. Motion carried. PRESIDENT'S Donna assigned board members to serve on the following committees for REPORT 2001-02. They are as follows: EXECUTIVE: President Donna Maguire, Vice -President Sam Blackwell, Secretary Dee Loflin, Treasurer Sarah Nussbaum. BUDGET & PERSONNEL: Dee Loflin, Chair; Jane Jackson, Dianne Meyr. BUILDING & GROUNDS: Sarah Nussbaum, Chair; Esther Hartmann, Harold Hager. BY-LAWS & POLICIES: Sam Blackwell, Chair; Sarah Nussbaum, Esther Hartmann. PUBLIC RELATIONS: Jill Smirl, Chair; Dee Loflin, Harold Hager. DIRECTOR'S Library Cooperative Study Session—was held July 19 in the Hirsch REPORT Community Room. Betty distributed handouts with participants attending BETTY MARTIN and comments. The Board discussed the following suggestions—pursue some type of cooperative agreement where no extra fees are charged directly to patrons, education campaign—specifically people living in annexed property, explore more detailed tax bill. Gates Grant Application --eligible for four computers fully loaded with educational and word processing software. Wiring needs were investigated— the Grant allows $750. toward wiring. Filters—need to think about filters for the four computers we are receiving and the Teen Advisory computer. While filters are not the perfect answer, they do filter out some pornographic sites and it would be important for the parents to know the staff is concerned and making an effort. Betty and staff members, Orman and Sharon, are investigating filtering software and costs. Information will be presented at the August Board meeting for Board decision. Staff—Kristy Embry has resigned effective August 20. Valerie Ochs has been hired and will begin Aug. 7. Two staff members, Sharon Anderson and Rhonda Cole, will be attending the summer Library Institute in Columbia August 7-10 and eight staff members will be attending a workshop in Poplar Bluff the following week. Complaint—a Citizen's Request for Reconsideration of Library Material was made on July 13—patron wanted the book removed from the library. The Selection Committee met and presented good reviews of the book from New York Times Book Review and a professional journal, Booklist. A letter was sent to the patron with copies of the book reviews and an explanation of how books are selected. Betty reported on touring the new Career and Technology building with the Chamber's Education Committee and realtors. A meeting was held with the library's insurance agent Bill Talley of W. E. Walker & Co. The policy was reviewed and the building contents information will be updated. Current policy is through CNA Ins. Co. Betty announced that she would be on vacation Aug. 3 & 6 and Aug. 9-18. ADULT SERVICES Adult Book Club -34 participants this summer. Youth Services and Adults PAULA will have a luau on August 16 at 7 p.m. for all those who were in the summer reading programs this year. Adult Services will have a table at new student moving in day at SEMO Univ. on Aug. 16 (1,200 students). Ref. staff will provide the students with a packet of information on the library and how they can obtain a library card. Adult and Youth Services staff and two circulation staff will attend a workshop at the Poplar Bluff library on customer service and reference assistance on August 24. Poetry Coffee house will be August 20 at 7 p.m. 2 YOUTH Summer Reading Program is about over—total enrolled is 1,403. Some SERVICES highights—K103 broadcast live on July 10, Teen movie production "Phantom SHARON of the Library" directed by staff member Olympia Mc.Mackins, Storytelling Workshop by Bob Clubbs, Chris Egelston's "Reading is Magic" show. Grand prize drawings immediately following show. Brenda Renner will have her 2"d annual "Back to School Storytime" on August 22. FRIEND'S Jill reported that Sept. 27 will be the date for the David Limbaugh event REPORT which will be held at the home of John & Jeri Wyman. Approximately 500 invitations will be mailed out. The cost is $50. per person which includes hors d'oeuvres and a copy of David's book. COMMITTEE Building & Grounds—Outdoor Reading Room—Betty reported that Jerry REPORTS Ford, a good friend of Dewey Schade, has volunteered to take over the outdoor reading room project. Jerry and retired architect Byron Foust will work up a plan to present to the CGPL Board and the Foundation Board for approval. Jerry will follow the project through completion and stay in contact with Dewey. OLD BUSINESS Donna announced that the Board would review the last few pages of the MO Library Standards at the August Board meeting. ADJOURNMENT On a motion by Jill, seconded by Sarah, the meeting adjourned at 8 a.m. Phyllis Jackson, Recorder 3