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HomeMy WebLinkAboutCouncil.Agenda.01-08-2007.PacketCITY COUNCIL MEETING AGENDA ,, January 8, 2007 Cape Girardeau, Missouri CITY OF CAPE GIRARDEAU, MISSOURI 401 Independence Street City Council Agenda Monday, January 8, 2007 7:00 p.m. Invocation — Rev. Wes Wright, Mt. Auburn Christian Church Pledge of Allegiance Call to Order Roll Call Council Meeting Minutes - December 18, 2006, Regular and Closed Sessions Adoption of the Agenda City Council 1. Communications to be presented by members of the City Council. 2. Communications to be presented by the City Manager or City Staff. Public Hearinzs 3. A public hearing to consider the request of the Rhema Word Breakthrough International Ministries for a Special Use Permit to operate a daycare and preschool at an existing church at 750 North Mount Auburn Road, located in the R-1, Single Family Residential District. (Agenda Item No. 16, Bill No. 07-5). Letter No. 5 Action 4. A public hearing to consider the request of James and Keisha McReynolds for a Special Use Permit to operate a daycare at 1540 Independence Street, located in the R-2, Single Family Residential District. (Agenda Item No. 17, Bill No. 07-6). Letter No. 6 Action 5. A public hearing to consider the request of Ervin Dean Smith to rezone a 1.022 -acre site at 2423 Kiwanis Drive from C-2, General Commercial and M-2, Heavy Industrial to R-1, Single Family Residential District. (Agenda Item No. 18, Bill No. 07-7). City Council Agenda Page 2 January 8, 2007 Action Letter No. 7 Appearances 6 Appearances before the Council on items listed on the agenda. 7. Appearances before the Council on items not listed on the agenda. Consent Ordinances 8. BILL NO. 06-258, an Ordinance accepting general warranty deeds, permanent easements and temporary construction easements from various property owners for the improvement of Broadway between Perry Avenue and Houck Place and the Broadway/Clark Street intersection. Second and Third Readings. Letter No. 351 Action 9. BILL NO. 06-259, an Ordinance declaring it necessary to extend city water services to White Oaks Subdivision, in the City of Cape Girardeau, Missouri. Second and Third Readings. Letter No. 352 Action 10. BILL NO. 06-261, an Ordinance accepting access and utility easements from various property owners for improvements to Whispering Oaks Subdivision, for the City of Cape Girardeau, Missouri. Second and Third Readings. Letter No. 353 Action 11. BILL NO. 06-262, an Ordinance accepting a permanent sewer, utility and access easement from Woodcreek Properties, L.L.C., for improvements to Orchard Park Subdivision, in the City of Cape Girardeau, Missouri. Second and Third Readings. Letter No. 354 Action City Council Agenda Page 3 January 8, 2007 New Ordinances 12. BILL NO. 07-1, an Ordinance authorizing the acquisition of property for water system improvements. First Reading. Letter No. 1 Action 13. BILL NO. 07-2, an Ordinance authorizing the Mayor to execute a permanent utility easement to Union Electric Company, d/b/a AmerenUE in Capaha Park in the City of Cape Girardeau, Missouri. First Reading. Letter No. 2 Action 14. BILL NO. 07-3, an Ordinance accepting a permanent sanitary sewer easement from Elmwood Farms Limited Family Partnership for a sanitary sewer line to serve the White Oaks Subdivision. First Reading. Letter No. 3 Action 15. BILL NO. 07-4, an Ordinance amending Section 15-426(b) of Chapter 15 of the City Code relating to the Board of Examiners. First Reading. Letter No. 4 Action 16. BILL NO. 07-5, an Ordinance granting a Special Use Permit to Rhema Word Breakthrough International Ministries for purposes of maintaining and operating a daycare at 750 North Mt. Auburn Road, in the City and County of Cape Girardeau, Missouri. First Reading. (If the ordinance is not approved, a motion will need to be made to adopt Findings and Conclusions denying the application.) Letter No. 5 Action City Council Agenda Page 4 January 8, 2007 17. BILL NO. 07-6, an Ordinance granting a Special Use Permit to Donald M. Ganim, H, James McReynolds and Keisha McReynolds for purposes of maintaining and operating a daycare at 1540 Independence Street, in the City and County of Cape Girardeau, Missouri. First Reading. (If the ordinance is not approved, a motion will need to be made to adopt Findings and Conclusions denying the application.) Letter No. 6 Action 18. BILL NO. 07-7, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of 2423 Kiwanis Drive, City and County of Cape Girardeau, Missouri, from C-2 and M-2 to R-1, in the City of Cape Girardeau, Missouri. First Reading. Letter No. 7 Action 19. BILL NO. 07-12, an Ordinance approving the record plat for Heritage Meadows Subdivision. First Reading. Letter No. 8 Action Resolutions 20. BILL NO. 07-8, a Resolution authorizing the City Manager to execute a T -Hangar Rental Agreement with Terry Irwin for hangar rental at the Cape Girardeau Regional Airport. Reading and Passage. Letter No. 9 Action 21. BILL NO. 07-9, a Resolution authorizing the City Manager to execute a Release of Lien on property located at 1029 South Ellis Street, for the Community Development Block Grant Program. Reading and Passage. Letter No. 10 Action City Council Agenda Page 5 January 8, 2007 22. BILL NO. 07-10, a Resolution authorizing the City Manager to execute a Subordination Agreement with Wood & Huston Bank for a second deed of trust for property owned by Gladys Brown. Reading and Passage. Letter No. 11 Action 23. BILL NO. 07-11, a Resolution authorizing the City Manager to execute a Premises and Equipment Lease with John Plaskie and Tina Plaskie for the restaurant located at the Cape Girardeau Regional Airport. Reading and Passage. Letter No. 12 Action 24. BILL NO. 07-13, a Resolution authorizing the City Manger to execute Amendment No. 4 to the Master Services Agreement with S. H. Smith and Company, Inc. for the Cape North Park Trail Project, in the City of Cape Girardeau, Missouri. Reading and Passage. Letter No. 13 Action Appointments 25. Appointment to the Airport Advisory Board. Letter No. 14 Action Liquor License 26. Approval of a retail liquor by the drink and Sunday sales liquor license for Tina M. Plaskie, d/b/a The Drop Zone, 860 Rush Limbaugh Jr. Memorial Drive, Tina M. Plaskie, Managing Officer. 27. Conditional approval of a retail liquor by the drink license for Erika Amacker, d/b/a 8 Seconds, 1000 N. Sprigg Street, Erika Amacker, Managing Officer. City Council Agenda Page 6 January 8, 2007 Other 28. A motion accepting the Alma Schrader and Parkview sidewalk improvements, and authorizing final payment to Nip Kelley Equipment Company, Inc. Letter No. 15 Action 29. A motion approving the preliminary plat of Deevers Farm Phase II. Letter No. 16 Action 30. A motion rejecting all bids for the 2006 Sidewalk Gap Program. Letter No. 17 Action 31. A motion approving the improvement plans for a sanitary sewer extension to serve Golden Eagle Subdivision, Lot 10, Sewer District 14-1-F-1. Letter No. 18 Action 32. Other business. 33. Adjournment of the City Council. ********** The City Council of the City of Cape Girardeau, Missouri, will hold a study session at City Hall, 401 Independence Street, on Monday, January 8, 2007, 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 legal actions and litigation, confidential communications with legal counsel, property acquisition, and personnel matters, pursuant to RSMo. Sections 610.021(1), 610.021(2), and 610.021(3). 5z A CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 5 Agenda January 8, 2007 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Request for a Special Use Permit for a Daycare and Preschool This agenda item calls for the holding of an advertised public hearing on the request of the Rhema Word Breakthrough International Ministries for a Special Use Permit to operate a daycare and preschool at an existing church at 750 Mount Auburn Road. The property is currently zoned R-1. 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 December 13, 2006, by a vote of 10 in favor and none in opposition. Pastor Anthony Green presented the request. One person spoke in opposition regarding this request. It is recommended that the City Council hold the advertised public hearing. Attached for first reading consideration is an ordinance authorizing this Special Use Permit. Respectfully Submitted, Kent M. Bratton 4iulglas eslie CityManager Sec. 30-39. Special use regulations. (a) Subject to the provisions of this section, the city council may by ordinance on its own motion or on application grant a special use permit for the special uses enumerated in this section in any districts as herein qualified from which the uses are otherwise prohibited by this chapter. The city council shall impose appropriate conditions and safeguards for the issuance of the special use permit, which may include a specified period of time for the permit, a limitation of the persons who may carry out such use, and limitations upon or requirements for the size or design of buildings and other improvements upon the property, all for the purpose of protecting the comprehensive plan and conserving and protecting property and property values in the neighborhood (b) Applications for special use permits shall be made and processed in the same manner as provided in section 30-5 relating to applications for district changes. (1) The city council shall determine whether such building or use will: a Substantially increase traffic 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 d. Adversely affect the general welfare of the community. C. Overtax public utilities. f Be in conflict with the comprehensive city plan. (2) If the council's finding is negative as to all the subjects referred to in this subsection (b), the application may be granted; if alfirmative as to any subject, then such permit shall be denied. (c) Any proposed special use shall otherwise comply with all the regulations set forth in this chapter for the district in which such use is located, except that the city council may permit hospitals and institutions to exceed the height limitations of such district. (d) - Special uses. (1) Public or private landing field, landing strip, helicopter landing pad, heliport or other landing area for all forms of aircraft; auto race hack and drag strip. (2) Amusement park, but not within three hundred (300) feet of any "R" district. (3) Any general public building erected or used by any department of the city or county govemment, or a school district. Also, offices, warehouses, and other support buildings for kcal units of govarmient and subatate agencies, unless otherwise located within a zoning district which would allow a commercial or institutional facility of the same nature as a ase -by -right. (4) Cemetery, crematorium or mausoleum (5) Church or other place of worship, or Sunday school, in "R -I " "R-2," or "R-3" residential districts. (6) Circus or carnival grounds, but not within three hundred (300) feet of any "R" district. (7) Commercial, recreational, or amusement development for temporary or seasonal periods - (8) (Reserved. ] (9) Institution, college, or hospital provided that any hospital or institution permitted in any "R" district shall be located on a site of not less than five (5) acres, shall not occupy more than forty (40) percent of the total lot area, and shall be set back from all yard lines at least two (2) feet for each foot of building height. (10) Marina or dock (11) Nursing home in "R" districts. (I2) Office building of a civic, religious or charitable organization, conducting activities primarily by mail and not handling merchandise or rendering services on the premises, but only within the "R-4" district. (13) Privately operated community building or recreation field (14) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right (15) Riding stable. (16) Telecommunication tower. The location of a telecommunication tower is subject to the following conditions: a The applicant shall identify the location of the proposed towe(s) on a map showing other tower locations within the city. If the proposed tower is located within one mile of an existing tower(s), the applicant must submit evidence demonstrating why the existing tower(s) is not suitable or available for co -use. b. The tower shall be designed to accommodate the co -use of at least two (2) other provides and nude available to other providers for co -use for reasonable ten.. The applicant shall provide a notarized statement as to the availability of the tower for co -use. C. The design of the tower and accessory structures shall maximize the use of building materials, colors, textures, screening and landscaping that effectively bled the facilities within the surrounding natural setting and environment. d. The tower stall be ad back from the right-of-way dine of any public street up to a distance equal to the height of the tower. C. Towers or antennas located on structures shall not extend more than thirty (30) feet above the highest point of the structure. f. The tower and antennas shall meet all federal regulations, including but not limited to, Federal Communications Commission (FCC) emission standards and Federal Aviation Administration (FAA) lighting requirements. g. Any tower that is no longer in use for a telecommunications purpose shall be removed at the owners expense. The owner of the tower shall provide the city with a copy of the notice to the FCC of intent to cease operations. All obsolete and abandoned towers and accessory facilities shall be removed within six (6) months of cessation of use. In the case of multiple operators sharing use of a single tower, this provision shall of become effective until all users cease operations. The applicant shall submit an executed agreement to ensure compliance with this requirement. If the owner fnik to remove an obsolete tower, the city may cause the tower to be removed and issue a special assessment tax bill for the cost of said removal, which shall be a lien against the real property affected. (17) Residential uses as provided for in sections 30-28 (C -I Districts) and 30-33 (M -I . Districts). (18) Travel trailer camp, in the "G2," "G3" and "M" districts. No travel sailer may be used for any residential purpose either transiently or permanently unless located in a trailer carte or mobile home park. (19) The extraction of sand, gravel, and other raw materials requiring the removal of an overburden above the deposit, provided, however, any bulk storage of extracted material or overburden and any processing or extraction machinery or the open face of any cut shall be at least five hundred (500) fed from any residential structure, street, or place. (20) Parking lots on land in "R" districts within three hundred (300) feet from the boundary of any "C" or "M" district, provided the following standards are met: a. Ingress and egress to such lot shall be from a street directly serving the commercial, business or industrial district. b. No business involving the repair or service of vehicles, or sale, or display thereof shall be conducted from or upon such parking areas. C. No structures shall be erected or remain on any portion of the lot except as provided for under item g. hereof. d. No signs shall be erected on the parking area except as approved by the city council. C. Parking areas shall be used for parking patrons, private passenger vehicles only, and no charge shall be made for parking within such premises. f. The parking shall be set back in conformity with the established or required yards for residential uses and, where a patting area adjoins a dwelling use, it shall have a minimum side yard of ten (10) feet. g. The parking area shall be suitably saeenod or fenced, paved and drained, lighted and maintained free of debris. (21) Any "C" district use in an "R" district (22) All uses for which special use permits are required by other sections of these regulations. (23) Buildings in excess of the height and story requirements set forth in section 30-36 for "R-4" and "G2" districts, provided side yards are increased in width one (1) foot for each foot of height that the building exceeds the height regulations of the district in which it is located up to a height of seventy-five (75) feet and t umfier no increase in side yards shall be required for any height in excess of seventy-five (75) f-- (24) Any "C" district use in a more restrictive "C" district. (25) Senior citizen housing under the following conditions: it Allowed only in "R-3," "R4" and "C" areas; b. Only senior citizens, handicapped or disabled individuals would be permitted to rent, purchase or inhabit units allowed under this chapter, C. A permanent sign, prominently displayed, must be placed on the building clearly labeling the structure as senior citizen housing, and also having thereupon the ordinance number establishing the structure as senior citizen housing. (26) Reserved. (27) The manufacture of commercial cooking and catering equipment in "C-3" districts. (28) Recycling in "G2," -C-3," "M-1" or "M-2" districts, including salvage, processing and storage of paper and paper products: aluminum cam and other metal containers; cloth, clothing and rags; plastics and rubber products; lumber or wood produce; and glass. Provided, however, that all processing, treatmerd and handling of the above-described materials, other than loading and unloading from transport vehicles, shall be inside of a building and all storage of such materials shall be either inside of a building or in closed transport trailers, in such a mariner as not to create a nuisance by virtue of odor, vermin, emission, or discharge. Provided further that any processing of such materials shall not create a nuisance or health hazard by virtue of noise, odor, emission, discharge or byproducts. Loading and unloading of materials from transport vehicles shall be cornpleted and the transport vehicles removed from dee premises within twenty-four (24) hours of the receipt of a transport vehicle on the premises. Exclusions: a No special use permit shall be required under this section for any person, company or farm engaged in recycling activity of its own products which are manufactured or sold on the premises when such recycling is done in support of the principal operation of that business. b. No special use permit will be required under the provisions of this section for recycling activity conducted by —profit organizations for periods not exceeding thirty (30) days in any calendar year. C. A special use permit shall not be required under this section for any agency of any state, county or other kxml government unit engaging in recycling activity for its internal operation purposes only and not for resale to the public for profit. (29) Residential or outpatient facilities for the treatment of alcohol or other drug abuse for not exceeding twenty (20) persons in "R-4" districts, or for more than twenty (20) persons in "C" districts, with the provision that no special use permit shall be issued for such a facility unless the applicant for such permit provides evidence that he has provided written notification of the proposed placement of the facility to the owner or owners of property located within one hundred eighty-five (185) fed of the boundaries of the property on which the treatment facility is to be located Further, the exterior appearance of the treatment facility shall reasonably conform to the exterior appearance of other buildings in the vicinity and a treatment facility shall not be located closer than three hundred seventy (370) fat to any other substance abuse facility. (30) Single or double -wide, manufactured home or manufactured business units for office purposes only in "M-2" heavy industrial districts. (31) Family day care homes for the care of more than six (6) children but not more than ten (10) children in a residential zone. (32) Excursion gambling boat or floating gambling facility in any "C" or "M" district, or combination thereof, with the following provisions: a Accessory uses directly connected, associated or linked with the operation of an excursion gambling boat or Boating facility shall be included with, and made apart of, any special use permit issued therefor and shall also be within a "C" or "M" district, or combination thereof b. Accessory uses associated with an excursion gambling boat or floating facility shall include the following: I. Boat support facilities. 2. locking or mooring facilities. 3. Employee support facilities. 4. Ground transportation facilities. 5. Passenger ticketing and reception facilities. 6. Parking facilities. 7. Security facilities. 8. Signs, including those attached to a building orother structure, a boat or floating facility, or otherwise placed on the premises constituting an excursion gambling boat or floating faality she. C. Off -stmt parking. Off-street parking and loading facilities shall be provided as specified in section 30-39 of this chapter, except that the requirement for oMstrect parking for an excursion gambling boat or floating facility, and its accessory uses shall be one and one-half (1 1/2) spaces for every two (2) passengers, based on maximum occupancy, plus one (1) space per ertployee on the maximum shift. In addition, full-size (33) (34) (35) (36) (37) bus parking spaces shall be provided as required by the planning and zoning commission and city council. d. Site development plan. In applying for a special use Permit under this section, the developer(s) shall submit a formal site plan for review, which includes, but is not necessarily limited to the following: I. Maps and other graphics indicating the boundaries of the development and all properties to be included, indicating whether such properties are owned, leased, optioned, or proposed for such. 2. The locations and general sizes of all buildings, structures, parking lots and other facilities comprising the.development, including data on size, facilities, and occupancy limits of the planned excursion gambling boat or floating facility, and accessory uses. 3. Evidence that the development contains sufficient land to provide for any necessary or proposed land -side development and support facilities, including parking, and the development includes sufficient river frontage to accommodate location and operation of the planned excursion gambling boat or floating facility. 4. An impact analysis including, but not limited to, expected access routes, traffic volumes, peak hours of.operation, needed road or street improvements and traffic controls necessary to accomodate the proposed uses and traffic volumes, and plans for on-site security and disaster response. C. All buildings and permanently moored structures shall comply with applicable standards of the city's building codes. Further, no occupancy permit for any accessory use ad forth in this section shall be issued prior to the issuance ofoccupancy perms for all new land-based permanent structures proposed as a part of the development. The city council may, however, at its discretion approve a temporary occupancy permit for any accessory use for a period of one (1) year if the required land-based structures ane not completed. Mini -warehouse or self -storage units in "C -I" or "G2" districts. Parking garages: For enclosed or semi -enclosed parking garages only, parking space dimensions leas than the minimum size required in this ordinance may be approved under a special use permit. A buildingtparking plan and documentary justification for a requested variation from the minimum standards mast be submitted with any application hereunder. Reserved. Single or double -wide, manufactured home or manufactured business units for temporary office Purposes Only during construction or remodeling of a maim building in "M-1" Leight Industrial Districts. Any special use permit, if approved, will become effective only upon the issuance of a building permit for a main building. All such temporary office units shall be removed upon occupancy of the completed construction or completion or abandonment of the construction work, whichever occurs first. Double -wide -manufactured hones (mobile homes) in "R -I," "R-2," "R-3," or "R- 4" districts, with the following provisions: A. The manufactured home shall be in compliance with Federal Manufactured Hone Construction and Safety Standards, adopted June 15, 1976, as attended, and Missouri Public Service Commission rules. b. The unit when complete shall have a minimum width of not leas than twenty-four (24) foundation fed as measured at all points perpendicular to the length of the manufactured home, which shall not be less than forty- two (42) foundation feet This standard is -i tended to restrict units to the type which are brought to the site in pats, typically two (2) halves and at least one thousand eight (1,008) square fed minimum C. All whech, springs, axles, lights, and owing apparatus shall be removed CL - The:unit mast be permanently installed on properly designed; enclosed foundation systern in accordance with the BOCA National Building Code. C. Orientation of the manufactured housing unit on the lot shall conform to the same orientation as the majority of conventionally built structures in the immediate area (within three hundred (300) feet). Example: Front door to front lot line, rear door to rear lot line. f Roof must be a gable or hip roof of at least three (3) in twelve (12) pitch or greater and covered with material that is residential in appearance, including, but not limited to approved wood, asphalt composition or fiberglass shingles. but excluding corrugated aluminum, corrugated fbuglass, or metal roofs; except for permitted deck areas, all roof strudurea shall provide an cave projection of no leas than ser (6) inches and no greater than thirty (30) inches. g. Exterior aiding or covering shall be of a type, quality and appearance customanly used on conventionally built hones. h. The lot shall be provided with a hard surface (not earthen in nature) driveway not less than nine (9) feet wide with side -yard parking sufficient for the placement of at least two (2) vehicles. L A minimum of eighteen (18) inches of erawl space under the entire manufactured home shall be maintained j. Permanent steps shall be ser at all external exits with appropriate handrails adlor guard tails. k. The unit shall be served by a water supply and sewage disposal system in accordance with the International Plumbing Code, as currently adopted by the city. 1. The unit shall be served by an electrical service in accordance with the National Electrical Code, as currently adopted by the city. RL Any such structure so installed shall conform to all applicable zoning and subdivision ordinances and any other pertinent ordinance in effect at the time of installation or construction, including setback requirements. (38) Halfway houses for the rehabilitation of adult persons who are prisoners or foster Prisons, may only be located in C-1, C•2, C-3, M-1, M-2, and A -I zones, "if approved, are subject to the following additional conditions: A. One (1) parking space for every four (4) residents, including staff residents. b. The proposed facility shall provide appropriate and reasonable security. C. The facility shall have no exterior evidence of such use and no sign advertising such use. d At the time of original approval, if the proposed facility is to be located within five hundred (500) feet of another such facility, public, private or parochial school, group home for adults m juveniles, musing, rest or convalescent home (anter), children's nursery or boarding home, day care anter, residential zone, existing residential use, or facility for the mentally or physically handicapped, the city council may require such additional conditions on the special use permit as it feels are necessary to minimize the effect of the proposed use on the sumounding properties. e. The applicant shall demonstrate that there shall be no negative impact on property within five hundred (500) fed of the proposed facility. (39) Microbrewery or pub brewery in a "C-2", "C-3", or "M-1 district. (40) Kennel in a "G2", or "C-3" district. (41) Placement of manufactured business wits, or modular units approved by the State of Missouri, for temporary office, classroom or storage purposes only during construction or remodeling of a main hospital, school building, or church, and located on the same site, in any district. Any special use permit, if approved, will become effective only upon the issuance of a building permit for a main building. All such temporary business units shall be removed upon occupancy of the completed construction or completion or abandonment of the construction work, whichever occurs first. (e) Community unit plan. The owner of any tract of land may request a special use permit for the use and development of such tract for residential or for residential in combination with shopping center uses as ad forth in section 30-31. The development plan shall be referred to the planning and zoning commission for study and report. Approval shall be conditioned upon specific findings that the proposed community unit plan meets the following conditions: (1) That the proposed development of any "C-4" planned commercial district included as a part of the plan complies with the regulations for those districts as ser forth in section 30-31. (2) That the buildings, other than those located within a "C-4" district, located in the area shall be used only for one -family dwellings, two-fanuly dwellings, or muhi- family dwellings and the usual accessory uses such as private or parking garages, storage space and for community activities, including churches and schools. (3) That the average lot area per family contained in the site, exclusive of the area occupied by a "C4" district or by streets, will not be less than the lot ass per family required in the district in which the develapaeat is located. (4) That the area is adaptable to canplete.conunmity development, being bounded by • major thoroughfares,-aueds; rwlroadt, or other external barriers, and insofar as possibla without a major thoroughfare extending through the project, or any other physical feature which would tend to impair the neighborhood or community cohesiveness. (5) That no more than twenty-five (25) percent of the gross area of the project be devoted to a "C-4" district and that no more than fifty (50) percent of the grass area of the project located in a single-family district be devoted to multiple -family dwellings. (6) .: That sufficient area is reserved for recreational and educational facilities to meet the needs of the anticipated population, or as designated in the comprehensive plan. (7) That property adjacent to the am included in the plan will not be adversely afrected and todtisead;ihetkycouncil mayrequirc, in the absence of any appropriate physical bmrier, that uses of least intensity or a buffer of open space or screening be arranged along the bonders of the project (8) That the plan is consistent with the intent and purposes of this chapter to promote public health, safety, morais, and genual welfare. (f) If the city council approves the plans6 building permits and certificates of occupancy may be issued, even though the use of the land and the location and height of buildings to be erected in the coca and the yards and open space contemplated by the plan do not conform in All respects to the district regulations of the district in which it is located (g) An application for a special use pxmrit under this section may be made and processed contemporaneously with a proposed snendman of the district in which such site lies. (h) A special use permit shape automatically expire upon the failure to develop the use of the lad for which the special use permit has been issued if the use is not developed within twelve (12) months after the permit has ban issued () In the event the use of the lad for which the special use permit has been issued is discontinued for a period of ons (1) yea, then the special use permit shall automatically expire. (Code 1967, § 30-38; Ord. No. 660, § 2, 2-1-89; Ord. No. 754, 11, 9-18-89; Ord No. 793, At. 1, 12-18-89; Ord. No. 845, arts. 4,5,4-16-90; thd. No. 962, art 3,1-16-91; Ord No. 1085, art 1, 9-16-91; Ord No. 1237, at. 3,9-21-92; Ond. No. 1459, art 2,12-20-93; Ord. No. 1529, arts, 2,3,5-16-94; Ord No. 1551, arts. 5,6,6-20-94; Ord. No. 1730, art. 2, 6- 19-95; Ord No. 1779, arts. 5,6,9-18-95; Ord No. 1904, at 1, 2-20-96; Ord No. 2080, at 1, 11-18-%; Ord No. 2198, arta. 7, 8, 7-21-97; Ord No. 2252, art. 2, 10-20-97; Ord. No. 2259, art. 1, 1040-97; Ord No. 2487, art 2,2-16-99; Ord No. 2706, art. 3,4-17-00; Ord No. 2981, alt 2, 3-18-02; Ord No. 3007, at 1, 5-20-02; Ord. No. 3049, at. 1, 9-16- 02; Ord No. 3206, an. 1, 8-18-03; Ord No. 3451, art 14,2-22-05; Ord No. 3547, art. 1, 9-19-05) CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Special Use Permit Recommended Action: That the request of Rhema Word Breakthrough International Ministries for a Special Use Permit to operate a daycare and preschool at an existing church at 750 Mount Auburn Road, located in a R-1, Single Family Residential District, be recommended for approval. Vote Count: Favor —10 Oppose — 0 Abstain — 0 Date Recommendation Made: December 13, 2006 List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens commenting at meeting: Pastor Anthony Green - representing the applicant Steve Langston, 3311 Collins — in opposition Secretary Rezoning ❑ CITY OF CAPE GMARDEAU9 AUSSOURI City Staff Review and Referral of Application For OR Special Use Permit M File No. , \ k9 Address of Property 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 lanner 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: AVZ—V/�/ !, City t orne Was /2—S -d!�- Date � �V Date CITY MANAGER REFERRAL TO PLANNING AND ZONING COMMISSION: City Man er - , d Date PLANNING SERVICES STAFF: Date notice of proposed action and public hearing posted on tract: Council: /,-� — to —Ole Date Revised 10/29/04 REASONS. FOR DISAPPROVAL OF SPECIAL USE PERMIT Section 30-39. Special use regulations. (b) Applications for special use permits shall be made and processed in the same manner as provided in section 30-5 relating to applications for district changes. (1) The city council shall determine whether such building or use will: - (a) Substantially increase traffic hazards or congestion (b) Substantially increase fid 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. (d) Adversely affect the general welfare of the community. (e) Overtax public utilities. (f) Be in conflict with the comprehensive city plan. CITY OF CAPE GIRARDEAU Application For Rezoning ❑ OR Special Use Permit (check one) For Staff Use Only: Date received in Planning Services Office: l,By:� SECTION A 1. Description of project: Daycare service operating out of our ministry. 2. Street address of tract (or other location description): 750 N. Mt. Auburn Rd., Cape Girardeau, MO 63701 3. Naimes and addresses of all legal owners of tract: Anthony Green, 805 Sharon Drive, Cape Girardeau, MO 63701 (573)651-3771 4. Present zoning classification: 91 Single Family Residence equested new zoning classification: N/A �i. Requested special use: To operate daycare within the church. 7. Person handling this application (name, address, phone number): Faye Wells, 150 St. Thomas Lane, New Madrid, MO 63869 (573)748-6050 8. If tract is to be transferred, name and address of intended owner: N/A Page 2 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): ame SECTION B Date 1. Legal description of tract: Please attach a copy of the latest deed to the property. (If you do not have a copy of your deed, one can be obtained from the County Recorder of Deeds.) See attach. 2. Attach to this application a scale plat or map of the tract, on paper no larger than 11 inches by 17 inches, showing the following (If you do not have a surveyor's plat of the property, items a and b can be obtained from the County Mapping and Appraisal Office in the County Administration Building in Jackson): 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. Page 3 SECTION C 1. List names and addresses of ALL adjoining landowners. Include land which corners on your tract or which is across streets or alleys. (This information can be obtained from the County Mapping and Appraisal Office in the County Administration Building in Jackson.) NOTE: Where a rezoning or special use permit is requested -for p=of a;.larer platted tract, adjoining owner"s are cohsidered. as-"those=adjoining,f a larger trac Buddy & Marsha Parrish 3134 Dogwood Steven & Mary Beth Bell 3126 Dogwood Doyle & Brenda Strop 3122 Dogwood Martha Ann. Masters 3118 Dogwood Randy & Peggy Culpepper 3114 Dogwood Gene & Sandy Johnson 751 Woodbine P1 Victoria Lea Charlier 757 Woodbine Lloyd & Frieda Schlimme 735 Mt. Auburn Rd Mount Auburn Christian Church 930 Mount Auburn Rd Alan & Ruth Langston 3311 Collins 2. With this application, the applicant must deliver to the Planning Services Office a stamped, plain business envelope addressed to each of the landowners listed in Section C, Item 1, of this application. Please do not include a return address. The Planning Services office will use its return address. (If a tract is owned by the City of Cape Girardeau, an envelope for City property is not needed.) Page 4 SECTION D 1. State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. To Start a daycare. 2. If this is an application for a special use permit, you need to be aware that the Planning and Zoning Commission and the City Council can place limitations on the permit such as the period for which it will be effective, the size and design of improvements to be constructed, and hours of operation, as examples. Please list below any limitations you are willing to consider in this regard. 3. Is a transfer of ownership of the tract dependent upon the approval of this application, or will a transfer occur if this application is approved? No. 4. Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel ip',,-olving-this tract? If so, give the dateandstate the prior action taken by the City Council. If you are unsure as to whether or not an application was previously made please contact the Division of Planning Services Office for assistance. Ordinance 10/18/93, Ordinance # 1437 Page 5 SECTION E 1. State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. See Attach. 2. Please list below the names and addresses of adjacent property owners or other neighbors you have contacted directly in regard to the requested rezoning or special use permit, and your project if it involves new structures or a change of use in an existing building. (Telephone or e-mail contacts can be listed, but please note them as such.) Name Steven & Mary Beth Bell Doyle & Brenda Strop Victoria Lea Charlier Mount Auburn Christian Church Alan & Ruth Langston Melissa Gaffigan Owen & Kathy VanderPool Melanie Hudson Address 3126 Dogwood 3122 Dogwood 757 Woodbine Pi 930 Mt. Auburn Rd. 3311 Collins 3127 Dogwood 754 Woodbine P1 733 Woodbine P1 Revised 05/19/2006 SECTION E 1. State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. Rhema Word Breakthrough International Ministries is 501(c) 3 nonprofit faith - based organization/ministry which seeks to meet the need of the total man mind, body, soul, and spirit. Since 1998 we have endeavored to accomplish this goal by actively assessing our community needs and provide services that will enhance families economically and socially. It is for this reason that our ministry is requesting a special use permit from the City of Cape Girardeau to operate Daycare and Pre - School services to the Cape Girardeau Community. This facility will not only serve children ages two and older but will also provide employment opportunities to twenty-five qualifying individuals. It is our belief that our daycare, The Master's Children's Academy, will be beneficial to the city and the Cape Girardeau community as a whole by providing premium, quality and affordable childcare to families in need. It will also provide a direct contribution to the economic base of the City of Cape Girardeau by providing employment opportunities, and in addition it will allow our organization to provide spiritual and ministry needs to the families we will serve. Neighbor's Names and Addresses Buddy & Marsha Parrish Steven & Mary Beth Bell Doyle & Brenda Strop Martha Ann Masters Randy & Peggy Culpepper Gene & Sandy Johnson Victoria Lea Charlier Lloyd & Frieda Schlimme 3134 Dogwood 3126 Dogwood 3122 Dogwood 3118 Dogwood 3114 Dogwood 751 Woodbine PL 757 Woodbine 735 Mt. Auburn Rd. Mount Auburn Christian Church 930 Mount Auburn Road Alan & Ruth Langston 3311 Collins 00 .'yew: •���`�1.� � �. �� � ` REC FEE: $27.00 PAGES: 2 JANET ROBERT Recorder of l Deeds, Cape birardeau �J County MO, certify that this document was filed for record at 02:50PM and official seal affixed at Jackson, MO. 06/03/2006 JANET ROBERT WARRANTY DEED This Warranty Deed made and entered into this 1s' day of August, 2006, by and between First Assembly of God Church, hereinafter referred to as "GRANTOR", and Rhema Word Breakthrough International Ministries, a Missouri Non -Profit Corporation International Ministries, of the County of Cape Girardeau, State of Missouri, hereinafter referred to as "GRANTEES". The mailing address of the Grantees is: 750 N. Mount Auburn Road, Cape Girardeau, MO 63701 WITNESSETH: The Grantor, for and in consideration ofthe sum of TEN DOLLARS ($10 00) and other valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, does by these presents Grant, Bargain, and Sell, Convey and Confirm unto the Grantees the following described lots, tracts or parcels of land lying, being and situated in the County of Cape Girardeau and State of Missouri, to -wit A parcel of land containing 4.00 acres, more or less located in Out Lot 78B, in U S. P. Survey No 2199, Township 31 North, Range 13 East, City and County of Cape Girardeau, Missouri, described as follows: Start at the Northwest corner of said Out Lot 78B; thence South 5 degrees 00' West along the West line of said U. S P Survey No 2199, 690.0 feet, thence North 79 degrees 00' East, 37.0 feet to a point in the East line of the Mt. Auburn Road for the point of beginning; thence South 5 degrees 00' West, along said East line, 360.0 feet for a corner, thence South 35 degrees East, 415 0 feet for a corner, thence North 5 degrees 00' East, 479.0 feet for a comer, thence South 79 degrees 00' West, 4317 feet to the point of beginning TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges, appurtenances and immunities thereto belonging or in anywise appertaining, unto the said Grantees and unto their successors and assigns FOREVER, the said Grantor hereby covenanting that it is lawfully seized of an indefeasible estate in fee in the prenuses herein conveyed; that it has good right to convey the same; that the said premises are free and clear of y any encumbrances done or suffered by it or those under whom it claimed title; and that it will warrant and defend the title to said premises unto the said Grantees, and unto their successors and assigns forever, against the lawful claims and demands of all persons. IN WITNESS WHEREOF, the said Grantor has hereunto set its hand the day and year first above written GRANTOR: 4� - By G -Brothers Its President STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this l' day of August, 2006, before me personally appeared Gary Brothers, the President of First Assembly of God Church, Inc of Cape Girardeau, Missouri, its Trustees and their Successors, a Missouri Non -Profit Corporation, to me known to be the person described in and who executed the within Warranty Deed, and that said instrument was signed in behalf of said corporation, by authority of its Board of Directors, and said Gary Brothers, acknowledged said instrument to be the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year first above written Mindy S. P liey Notary Public My commission expires. 11-15-2009 AAINDY S PULLEY 0606063 NOTARY ATSEAL E OF MISSOURI CAPE COMMISS ON #05544EAU 4Y 09 MY COMMISSION EXPIRES NOVEMBER 15, 2008 I t _ v. y • kl AV cw Mm +t i >_,�•. .. - fit, � -..,� y xr � � �� � r i M s Yx k .._ w.5'...+$'r'•y"y ��y,�t. � ' C y `Y �„y y t r'P EI „M'& iii �'^kq' > Irk 4 i� sky tZ f A _ �V � � # Y`V a,:. t ti r' � � �e 1vi 'y'tt�vn�•+ty ti cn to to ol �N Cb col ;� i COO`a, a•£ai --- / CD M col N �8�,\ 6 Ln rn j ---- p86 -- / i U') U) M UP v L'£ZL - cfl o �t I , J O W U) U e O U- `� N rn 0 co � I I Nunene •1W — ; 09 i 9'OZZ 50 n ���� � , £•tis: M � i ------ -----=--; _ _241 �$ -V —T--18 --- p !, 08 i 08 I — -ep N I a 1 '�� N 40 co<N� Cl) 4 M A nQ CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 6 Agenda January 8, 2007 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Request for a Special Use Permit for a Daycare This agenda item calls for the holding of an advertised public hearing on the request of James and Keisha McReynolds for a Special Use Permit to operate a daycare at 1540 Independence Street The property is currently zoned R-2. Certified copies of the following items are herewith presented as evidence in this public hearing for your consideration: 1. Section 30-39 "Special Use Regulations" from the City Code. 2. The Application for Special Use Permit 3. The Application File. These items are attached to this letter and are included in your agenda packet. The Planning and Zoning Commission recommended approving this application at its meeting on December 13, 2006, by a vote of 10 in favor and none in opposition. James and Keisha McReynolds presented the request. There was no public comment regarding this request. • It is recommended that the City Council hold the advertised public hearing. Attached for first reading consideration is an ordinance authorizing this Special Use Permit. Y S�u%bmi d,2atton City Planner g WX , &,1Iz Doul0as K. Leslie City Manager Sec. 30-39. Special use regulations. (a) Subject to the provisions of this section, the city council may by ordinance on its own motion or on application grant a special use permit for the special uses enumerated in this section in any districts as herein qualified from which the uses are otherwise prohibited by this chapter. The city council shall impose appropriate conditions and safeguards for the issuance of the special use permit, which may include a specified period of time for the permit, a limitation of the persons who may carry out such use, and limitations upon or requirements for the size or design of buildings and other improvements upon the property, all for the purpose of protecting the comprehensive plan and conserving and proteding property and property values in the aeighborhood. (b) Applications for special use permits shall be made and processed in the same manneras provided in section 30-5 relating to applications for district changes. (1) The city council shall determine whether such building or use will: A. Substantially increase satire 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 d Adversely affect the general welfare of the conanunity. e. Overtax public utilities. f Be in conflict with the comprehensive city plan. (2) If the counctl's finding is negative as to all the subjects referred to in this subsectias (b), the application may be granted; ifaffirmative as to any subject, that such permit shall be denied. (c) Any proposed special use shall otherwise comply with all she regulations est forth in this chapter for the district in which such use is located, except that the city council may permit hospitals and institutions to exceed the height limitations of such district (d) Special uses. (1) Public or private landing field, landing strip, helicopter hording pal, heliport or other lading area for all forms of arcra$ aro race bads and ding a* (2) Amuserrcm park, but not within throe hundred (300) feet of any "R" district. (3) Any general public building erected or used by any deparuricot of the city or cowry government, or a school district. Also, otlika, warehouses, and other suppoit buildings ibr local nab of govouna t and sub -state agencies, unless otherwise located withid a zoning district which would allow a commercial or institutional facility of the same nature as a use -by -right. (4) Cemetery, crematorium or mausokum (5) Church or other place of worship, or Sunday school, in "R-1," "R-2 " or "R-3" residential districts. (6) Circus or carnival grounds, but no within three hundred (300) fes ofany "R" district (7) Commccial, recreational, or arrsaement development for tempirary or seasonal periods. (8) [Rairrved. ) (9) Lsatitutan, college, or hospital provided that any hospital or imtaimon permitted in any "R" district shall be located on a site of ort less thaw five (5) acres, shall not occupy more than forty (40) percent of the total lot area, and shall be sat back from all yard lines at least two (2) feet for each foot of building height (10) Marina or dock (I1) Nursing building fa`iis,reli (12) Office bwldmg of a civic, religious or charitable organization, conducting activities primarily by nail and trot handling merchandise or rendering sere = on the premises, but only within the "R4" district (13) Privately operated community building or recreation field (14) Public wlitias except for buildings and accessory structures that arc normal and c storruy in a zoning district which would allow other buildings of the same nature as a me -by -right (15) mfg (16) Telecommunication ower. The location of a telecommunication tower is subject to the following conditions: a The applicant shall identify the location of the proposed tower(s) on a map showing other tower locations within the city If the proposed tower's located within one mile of an existing tower(s), the applicant murt submit evidence densonstathig why the existing tower(s) b not suitable or avalable for co -um b. The ower shall be designed to accommodate the co -use of at last two (2) other providers and made available to other providers for co -use for reasonable terms. The applicant shall provide a notarized statement as to the availability of the tower for too -use. C. The design of the tower and accessory structures shall maximize the use of building materials, cobs, textures, screening and landscaping that effectively blend the facilities within the surrounding natural setting and environment d The tower shall be set back from the right-of-way line of any public street up to a distance equal to the height of the tower. e. Towers or antemas located on structures shall not extend more than thirty (30) fed above the highest point of the structure. f The tower and antennas shall mea all federal regulations, including but no Insured to, Federal Communications Commission (FCC) emission standards and Federal Aviation Administration (FAA) fighting requvrnxenas. g. Any tower that is no longer in use for a telecomranicaions purpose shall be removed at the owna's expense. The owner of the tower shall provide the city with a copy of the notice to the FCC of intent to cease operations. All obsolete and abandoned towers and accessory facilities shall be removed within six (6) menthe of cessation of use. In the case of nuhiple operators sharing use of a single tower, this provision shall not become effective until all users case operations. The applicant shall submit an executed agreement to ensure compliance with this requirement If the owner fails to remove an obsolete tower, the city may cause the tower to be -removed and issue a special assessment tax bill for the cost of said removal, which shall be a lien against the real property affected (17) Residential uses as provided for in sections 30-28 (C -I Districts) and 30-33 (M -I Districts). Travel trailer tr (18) Tiler carp, in the `C-2," "C-3" and "M" districts. No travel trailer may be used for any residential purpose either transiently or permanently unless located in a trailer camp or mobile home park. (19) The extraction of sad, gravel, and other raw materials requiring the removal of an overburden above the deposit, provided, however, any bulk storage of extracted material or overburden and any processing or extraction machinery or the open face of any cut shall be at leas five hundred (500) feet from any residential structure, street, or place. (20) Parking lots on land in "R" districts within throe hundred (300) feet from the boundary of any "C" or "M" district, provided the following standards are mot: a. Ingress and egress to such lot shall be from a street directly serving the commercial, business or industrial district b. No business involving the repair or service of vehicks, or sale, or display thereof shall be conducted from or upon such parking areas. c. No structures shall be erected or remain on any portion of the lot except as provided for under item g. hereof. d No signs shag be erected on the parking area except as approved by the city council. C. Packing areas shall be used for parking patrons, private passenger vehicles only, and no charge shall be made for parking within such premises. f. The parking shall be set back in conformity with the established or required yards for residential uses and, where a parking area adjoins a dwelling use, it shall have a minimum side yard often (10) feet S. The parking area shall be suitably screened or fenced, paved and drained, lighted and maintained free of debris. (21) Any "C" district use in an "R" district (22) All uses for which special use permits are requited by other sections of these regulations. (23) Buildings in excess of the height and story requirements sat forth in suction 30-36 for "R4" and "42" districts, provided side yards are increased in width one (1) W for each loot ofheight that the building exceeds the height regulation of the district in which it is bated up to a height of seventy-five (75) fcet and thereafter o increase in side yards shall be required for any height in excess of seventy-five (75) feet. (24) Any "C" district use in a more restrictive "C" district. (25) Senior citizen housing under the following coalitions: a , Allowed only in "R-3,' *R4" and "C" arew, b. Only senior citizens, handicapped or disabled individuals would be permitted to rem, purchase or inhabit wits allowed under this chapter, C. A permanent sign, prominently displayed, must be placed on the building clearly labeling the stricture as senior citizen housing, and also having thereupon the ordinance number establishing the structure as senior citizen housing. (26) Reserved (27) The manufacture of commercial cooking and catering equipment in "C-3" districts. (28) Recycling in "G2," "C-3; "M -I" or "M-2" districts, including salvage, processing and storage of paper and paper products: akmimum am and other metal containers; cloth, clothing and saga; plastic and rubber prodocte, lumber or wood products; and glass. Provided, however, that all processing, treatment and handling of the above-described materials, other than loading and unloading from traspat vehicles, shall be imide of a building and all storage ofsuch materials shag be either inside of a Wilding or in closed transport trailas, in such a manner as ant to crate a nuisance by virtue of odor, vermin, emission, or discharge. Provided further that any processing of sch materials shall mot create a mtisnee or health hazard by virtue of noise, odor, emission, discharge or byproducts. Loading and unloading of materials from transport vehicles shall be compkted and the transport vehicles removed from the premises within twenty -flour (24) hours of the receipt of a transport vehicle on the premises. Exclusion a No special use permit shall be required under this section for any person, company or font eagaged in recycling activity of its own products which are manufactured or sold on the premises when such recycling is done in suppost of the principal operation of that business. b. No special we permit will be required under the provisions of this section for recycling activity conducted by nonprofit organizations for periods not exceeding thirty (30) days in any calendar year. Q A special use pamit shall not be required under this rection for any agency of try alae, county or other local government wit engaging in recycling activity for its internal operation purposes only and not for mesal to the public for profs. (29) Residential or outpatient facilities for the treatment of alcohol or other drug able for not exceeding twenty (20) persons in "R4" districts, or far more then twenty (20) petsom in "C" districts, with the provision that no special use permit shalt be issued for such a facility onless the applicant for such permit provides evidence that he has provided written notification of the proposed placement of the facility to the owner or owners of property located within one hundred eighty-five (Ills) feet of the boundaries of the property on which the treatment facility is to be located Further, the exterior appearance of the tnatrnem facility shall reasonably confomh to the exterior appearance of other buildings in the vicinity and a treatment facility shall not be located closer than three hundred seventy (370) feet to any other substance abuse facility. (30) Single or double -wide, manufactured home or manufactured business units for office purposes only in "14-2" heavy industrial districts. (31) Family day care homes for the arc of more than six (6) children but not more than ten (10) children in a residential zone. (32) Excursion gambling boa or floating gambling facility in any "C" or "M" district, or combination thereof with the following provisions: L Accessory uses directly connected, associated or linked with the operation of an excursion gambling boa or floating facility shall be included with, and made a pat of; any special use permit issued therefor and shall also be within a "C" or "M` district, or combination thereof. b. Accessory uses associated with an excursion gambling boat or floating facility shall include the following: I. Boat support facilities. 2. Docking or mooring facilities. 3. Employee support facilities. 4. Ground transportation facilities. 5. Passenger ticketing and reception facilities. 6. Parking facilities. 7. Security facilities. f. Signs, including those attached to a building or other stricture, a boa or floating facility, or otherwise placed on the premises constituting an excursion gambling boa or floating facility site. C. Off -strut parking. Off-street parking and loading facilities shall be provided as specified in section 30-39 of this chapter, except that the requirement for off-street perking for an excursion gambling boa or floating facility. and is accessory uses shall be one and one-half (I 1/2) spaces for every two (2) passengers, based on maximum occupancy, plus one (1) space per employee on the maximum shift. In addition, full-size (33 (34 (35) (36) (37) bus parking spaces shall be provided as required by the planning and zoning commission and city council. CL Site development plan. In applying for a special use permit under this section, the developer(s) shall submit a fomsl site plan for review, which includes, hot is Dot necessarily limited to the following: 1. Maps and other graphics indicating the boundaries ofthe developman and all properties to be included, indicating whether such Properties are owned, leased, optioned, or proposed for such. 2. The locations and general sizes of all buildings, structures, puking lots and other facilities comprising the.developmeot, including data on sin, facilities, and occupancy limits ofthe planned excursion gambling boat or floating facility, and accessory, uses. 3. Evidence that the development contains sufficient land to provide for my Mary or proposed land -side development and support fae7kies, including parking, and the development includes sufficient river frontage to accommodate location and operation of the planned excursion gambling boat or floating facility. 4. An impact analysis including, but not limited to, expected access routes, traffic volumes, Peak hours ofopenation, needed road or street hmprovemerns and traffic controls necessary to acco nanodate, the Proposed uses and traffic volumes, and plana for on-site security and disaster.response. C. All buildings and Permanently moored structures shall comply with applicablestandards ofthe city's Wilding code. Further, no occupancy Perms for any Acaasory use set forth ten this section shall be issued prior to the fasuance Of0emPAncy Permits for all new land-based permanent structures proposed as a pat of the development The city council may, however, at its discretion approve a temporary occupancy permit for any accessory use for a period of one (1) year if the required land-bescd structures are not completed. Mini -warehouse or self -storage units in "C -I" or "C-2" districts. Perking garages: For enclosed or semi -enclosed puking garages only, parking space dimensions less than the minimum size required in this ordinance nay be approved under a special use pemtit. A building/parking plan and documentary justifiestion fir a requested variation from the minimum standards mast be submitted with any application hereunder. Reserved Single or double -wide, manufactured home or manufactured business units fix temporary Office gnPoses Cady during construction or remodeling of a main building in "M-1" LA& bA'W ai Districts. Any special use permit, if approved, will become effective only upon the issuance of a building permit for a main building. All such temporary office units shall be removed upon occupancy ofthe ctuali�cuor or abandonment of the work wneoccurs first. , Double widepunutscuaed homes (moble hones) in "R -l; "R-2," "R-3," or "R- 4" districts, with the following provisions: a. The manufactured homeshall be in compliance with Federal Mm&crued Home Construction and Safety Standards, adopted lune 15, 1976, as amended, and Missouri Public Service Commission rules. b. The unit when complete shall have a minimum width of not less than twenty-four (24) foundation fed as mcasmed at all points perpendicular to the length of the manufactured Mane, which shall not be less that forty- two (42) faindation fed. -Ibis standard is intended to ,= unib to the type which are brought to the site in pis, typically two (2) hahves and at lead one thousand eight (1,008) square fxt minimum. c All whaler, springs, axks,.lights, and towing appwatm shall be removed ta rs be pttnuae tly installed on properly designed, enclosed - foandsticm system in accordance with the BOCA National Building Code. C. Orientation ofthe manufactured Musing unit on the lot shall conform to the same orientation as the majority of conventionally built structures in the immediate sea (within three hundred (300) feet). Example: From door o front got line. rear door to near lot line. E Roof mst be a gable or hip roof of at least three (3) in twelve (12) pitch or Fewer and covered with material that is residential in appearance, inducting, but not limited to approved wood, asphalt composition or fiberglass shingles, but excluding corrugated shmtinum, corrugated fiberglass, Or meal roofs; except for pdmtitted deck arca, all roof muaures sold Provide an Cave Projection of no less than six (6) inches and no greater than thirty (30) inches. g. Exterior siding or covering shall be of a type, quality and appearaoee customarily used on conventionally built Mmes. IL The lot shall be provided with a hard surface (nit earthen in name) driveway not less thea nine (9) fat wide with side -yard parking sufficient for the placement of at kat two (2) vehicles. i. A minimum of eighteen (18) inches of crawl space under the entire manufactured home shall be mshstained j. Permanent steps shall be set at all external exits with appropriate handrails ud/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. I. The unit shall be served by an electrical service in accordance with the National Electrical Code, as currently adopted by the city. In. Any such structure to installed shall conform to all applicable zoning and subdivision ordin- and any other pertinent ordinance in effed at the time of installation or construction, including setback requgmnents. (38) Halfway houses girdle rehabilitation of adult persons who are prisoners or fotmer PrbOOers, -Y OOIY be l0C" in Gl, C•2, C-3, M-1, M-2, andA-1 zones, and, if approved, are subject to the following additional cooditioro: a. One (1) Parking space for every four (4) residents, including staffmsidents. b. The Proposed facility shall provide appropriate and reasonable seatky. C. The facility shall have no exterior evidence of such use and no sign advertising such use. d At the time of original approval, if the proposed facility is to be located within five hundred (500) feet of another such facility, Public, private or parochial school, group home for adults or juveniles, nursing, rest or convakscers home (center), childrens mussy or boarding home, day care canter, residentialZone, existing residential use, or facility for the mentally or Physically b PPed, the city council tray require such additional cooMOM on the special use permit as it lieela ars necessary to minimize the etreot ofthe proposed use on the surrounding Properties. e. The applicant shag demonstrate that there shall be no negative impact on (39) bficroheoroperty w� five hundred (500) feet ofthe proposed facility. ery pub brewery in a "C-2", "C3", or "M-1 district. (40) Kennel in a "C-2", or "C-3" district. (41) Placement of ma ufacturod business unite, or modular units approved by the State of bfisrouri, for temporary office, classroom or storage puq- only during consmuctioo or remodeling of a main hospital, school building, or chumb, and located on the same site, in any district. Any special use perrak, if approved, wu71 become effective only upon the issuance ora building permit for a main buikr x All such teaparary business units shall be removed upon occupaory ofthe comPldW Miction or completion or abandon meas ofthe construction work, whichever occurs first. (e) Community unit plat. The owner of any tract of land may request a special usepermitfor the use and deveiepnneant of such tract for resWaAW or for residential in combina leu with shopping center uses r ser forth in section 30-31. The devdopmteot plan shall be refaced to the planning and zoning commission for Study and repent Approval ahaE be conditioned upon specific findings that the proposed community unit plan inept the folbwbg condition: (1) Thu the proposed development of any "C4" planned Commercial district included as a Part OHM plan complies with the regulations for those d®tricts as set forth in section 30-31. (2) That the buiWiogs, other than those located within a "C-4" district, located as the area"be used only for one -f vadly dwellings, two fanaYy dwelliW or muki- family dwellings and the usual ac«aory uses such as private or parkin` prigs, storage space and for community activities, mchiding churches and schooh. (3) That the average lot area per family Contained in the site, exclusive ofthe area occupied by a "G4" district or by streets, will sot be less than the lot area per family required in the district in which the development is located, (4) < That the area is adaptable to complete.comrnanky development, being bounded by +aslor'tloroa =atreds taEroada erretlweshsmalbartia: andinsofisras ,poasr'bk wkMnt amajor tkoroughi&e extending through the project, or say other Physical feature which would tend to impair the neighborhood or community -.,cohesiveneas. - (5) - 'That no more than twemy-6ve (25) percent ofthe groat -area of the project be devoted to a "G4" district and.that no more am fifty (50) percent ofthe grin ren of the project bested in a single-family district be devoted to multiplefainly dwdiings. (6) Thatsufficient area is: raerved#orrecreavooal and educational fan7kies to mat the needs oftheantfcipated population, oras designated in the comprehensive Plus. (7) That property adjacent to the arca included in the plus will not be adversely 'bated rrdt0lbbend;ihatkycoonCil aeytequke.in the absence ofmy appropriate physical brria, that uses of kers intensity or a buffer ofopen space or screening be arranged alms the borders of the project. (8) That the plan is consistent with the intent and puposes of this chapter to promote public health, safety, nom6, and general welfare. () If the city council approves the plans, building permits and cettificates of oaapbcy nay be issued, -Dough the use ofthe land and the location sod be;& of buildings o be erected in the area and the yards and open space contemplated by de plan do not eonfmm m all respects to the district VWAIiors ofthe district in which it is located (8) An application for s speciad use permit under this section nay be made and processed conternporancoasly with a Proposed a aeudmeut ofthe district in which such site it. (h) A special use permit shall a domMica ty expire upon the falure to develop the use ofthe land for which the special use permit has been issued ifthe use is Dot developed within twelve (12) months aft the permit has been issued () In the event the use of the had for which the special use permit has been issued is discontinued for s period of orae (1) Year. then the special use permit shall automatically expire. (Code 1967, 1130-39, Ord 140-660,112, 2-1-89; Ord No. 754, 0 1, 9-18-89; Ord No. 793, Aft 1,12-18-89; Ord. No. 845, ars. 4, 5, 4-16.9% Ord. No. 962, at 3,1-16-91; Ord No. 1085, art 1, 9-16-91; Or(L No. 1237, ori. 3, 9-21-92; Ord. No. 1459, art. 2,12.20.93; Ord. No. 1529, arts, 2, 3, 5-16-94; Ord. No. 1551, ars. 5, 6,6-20-94; pad. No. 1730, art. 2, 6. 19-95; Ord. No. 1779, arts. 5, 6, 9-18-95; Ord. M. 1904, art 1, 2-20.96; OM No. 2080, art. 1, 11-18-96; ori. No. 2198, arta 7, 8, 7-21-97; Ord No. 2252, art. 2,10.20.97; Ord No. 2259, art 1, 10-20.97; Ord No. 2487, art. 2, 2-16-99, OM No. 2706, art 3, 4-17-00, Ord No. 2981, art 2,3-18-02, Ord No. 3007, art. 1, 5-20-02; Ord. No. 3049, at. 1, 9-16. 02; Ord No. 3206, art. 1, 8-18-03; Ord No. 3451, art. 14,2-22-05; Ord No. 3547, art. 1, 9-19-05) e) CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Special Use Permit Recommended Action: That the request of James and Keisha McReynolds for a Special Use Permit to operate a daycare at 1540 Independence Street, located in a R-2, Single Family Residential District, be recommended for approval. Vote Count: Favor —10 Oppose — 0 Abstain — 0 Date Recommendation Made: December 13, 2006 List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens commenting at meeting: James and Keisha McReynolds - applicants Secec ternary Rezoning ❑ CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For OR Special Use Permit R. File No. � \ la Address of Property CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? Y0 2. Is plat sufficient? Ye S 3. Will intended use conform to requested zoning? Yrs 4. Has intended use already commenced? A% 5. Comments: 4& k. . 1 -2-S---aL City Planner 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: f F City 7ey Date CITY MANAGER REFERRAL TO PLANNING AND ZONING COMMISSION: City Maner Date PLANNING SERVICES STAFF: 1. Date notice of proposed action and public hearing posted on tract: P / l Council: S Me er Posting Notice Date Revised 10/29/04 11/29/2506 16:03 5735510741 MCCLANAHAN FOAL ESTA PAGE 01 CITY OF CAPE GIRARDEAU Applioation For Rezoning 0 DR Special Uss Permit 13 (check one) For Staff Use Only: Date received in Planning ServlceS WOO: - 21- 0(p ay: _ M d sMT19AA De8cliption of projOct: pv..� '"w 7 ♦ , / ma ► ,'i / �► U 2. Street address of tract (or Oth rC�location description): 15 Qb .a► r 3. Names and addresses of all legal owners 4f tract: 00tv'sLD 4 �AATh rhixy . 4. Present zoning loss Catton: 5. Requested new zoning classification: 'Special ct.5c Rrmr B. Requested special use:_ r-� 66f� 3i:; G um 7. P�rsnn haanDd{� this p plica 'on 0u ad phone number): 6-13- a-OkO 8. if tract is to be transferred, name and address of intended owner. W4 11/2912666 16:03 5736510741 MU( 1 ANAHAN REAL ESTA PAGE 04 Page 2 9. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. i s of ALL PE SONS listed in items 3 and 8 above and ate of signatu(es): M Date If ,CTI B 1. Legal description of tract: please attach a copy of the latest deed to the property. of you do not have a copy of your deed, one can be obtained from the County Recorder of Deeds.) 2. 6ngh to _tbJ6 at)lAication a scale plat or map of the trail, on paper no larger than 11 inches by 17 inches, showing the following (if you do not have a surveyor's plat of the property, items .e and b can be obtained from the County Mapping and Appraisal Office in the County Administration Building in Jackson): a. AD 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. 11/29/2005 16:03 5735510741 MUCLAWAN REAL ESfA PAGE 02 Page 3 SEIGUIRN C 1. List names and addresses of _ALL adjoining landowners. include land which comers on your tract or which is across streets or alleys. (This information can be obtained from the County Mapping and Appraisal Office in the County Administration Building in .lacitson.) 1FE: �e a.ng'spial u� prmRSs rr��rpar~r�� pl�tasck i�act, a�oitti�gowner3•af•+e i�ohsi��►�d"2•"tltc�g�jdr�;tllt�.'I"dl''t�dr�l. Address, . � J • fir, 2. yyft rmi!epplication, the applicant must deliver to the Planning Services Office a stamped, plain business envelope addressed to each of the landowners listed in Section C, Item 1, of this application. Please do not include a return address. The Planning Services office will use its return address. (If a tract is owned by the City of Cape Girardeau, an envelope for City property is not needed_) �i Mr j ¢ , c - FFV ��� lip 4UWA We" 41 � is mac Mlk4i 7, W st i� AA"�A".�9.'4hYtPV�Hk'"i'ry9at6Ji t �r x '.. iA-a If st i� AA"�A".�9.'4hYtPV�Hk'"i'ry9at6Ji N Mir t N Mir 11/29/2086 16:03 5736517741 MGGL.ANAHAN REAL_ ESTA PAGE 05 Page 4 5 C 0NI D 1. state e ermi t is g which anted as �r�equ requested. Attach plact will be put W an , ictures ned as oedrawings of sted or if a special P commercial or industrial buildings. A u V..Pe t- cy=kd i, -v- tAn it oe, (*LSC XL 2. If this is an application for a special use permit, you need to be aware that the Planning and Zoning Commission and the City Council can place limitations on the permit such as the period for which it will be effective, the size and design of improvements to be constructed, and hours of operation, as examples. Please list below any limitations you are willing to consider In this regard. & Is a transfer of ownership of the tract dependent upon the approval of this appileation, or will a transferccur if this application is approved? leo +ro-M of Owrwxsu' p -LLX Jxd(l (aL r *xLjjnC� +be k • A-t� i CL3 a 4. Has theirs 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 by the City Council. if you are unsure as to whether or not an application was previously made, please contact the Division of Planning Services Office for assistance. +h �. tC.� 6-0 C4— 1�ory 4 Wk 11/29/2ee6 16;03 5736518741 MCCLAM-AN REAL ESTA PAGE 83 Z - SLC 7LON E 1. Page 5 State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. .J W6uld U1CZ +0 MOUC m cad. ` 10 t* on b� Chi MCI h d ,e,yCfp -+-h; s Ornt hM= +2na 4ta tine bes0i -%+- 2, . Please list below the names and addresses of adjacent property owners or other nelghbors you have contacted directly in regard to the requested rezoning or special use permit, and your project if it involves new stru#ures or a change of use in an existing building. (Telephone or e-mail contacts can be listed, but please note them as such.) &loti.r_ _FU L -W L1 M-'� Q "+ -die WM Address r i 41)'" ZAUR!41M • • r ��.� 15141. 1nl 64-ncr ?o �I`� ui"�O 165 zeR°�n ncG 1639 Revised 08/19/2006 �R004— 1 776 1 REC FEE: 927.00 PAGES: 2 JANET ROBERT Recorder of Deeds, Cape birardeau County MO, certify that this document was filed for record t 4 and official sealaffixed at Jackson, MO. 11/22/2004 JANET ROBERT Recorder of Deeds Deputy GENERAL WARRANTY DEED �Pt /a W/6 THIS INDENTURE, Made on the day of November, A D, Two Thousand Four, by and between Barbara L Thomas f/k/a Barbara L Estes, a single person, of the County of Cape Girardeau, in the State of Missouri, Grantor, Party of the First Part, and Donald M Ganim, 11, a single person, as Grantee, Party of the Second Part Grantee's Mailing Address �j ,(3�j,1S ---, 0. 1! WITNESSETH, That the said Parry of the First Part, in consideration of the sum of ------ TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION ----DOLLARS, to her paid by the said Party of the Second Part, the receipt of which is hereby acknowledged does by these presents, Grant, Bargain and Sell, Convey and Confirm, unto the said Party of the Second Part, his heirs and assigns, the following described Lots, Tracts or Parcels of Land, lying, being and situate in the County of Cape Girardeau and State of Missouri, to -wit All of the West Thirty -Seven and One -Half (37-1/2') feet of Lot Numbered Ten (10) and the East Thirty -Three feet of Lot Numbered Eleven (11) in Block Numbered Two (2) of White Star Addition, to the City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 3 at Page 42, land records of Cape Girardeau County, Missouri TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges, appurtenances and immunities thereto belonging or In anywise appertaining unto the said Party of the Second Part, and unto his heirs and assigns, FOREVER, the said Grantor, hereby covenanting that she is lawfully seized of an indefeasible Estate in Fee in the premises herein conveyed, that she has good right to convey the same, that the said premises are free and clear of any encumbrance done or suffered by her or those under whom she claims, and that she will WARRANT AND DEFEND the title to the said premises unto the said Party of the Second Part, and unto his heirs and assigns, FOREVER, against the lawful claims and demands of all persons whomsoever IN WITNESS WHEREOF, the said Party of the First Part has here unto set her hand the day and year first above written �►�/ %� � I �.,/ 111 � Barbara L. Thomas � STATE OF MISSOURI ) ss COUNTY OF CAPE GIRARDEAU ) On this 14th day of November, 2004, before me, Debra Groves, a Notary Public in and for said state, personally appeared Barbara L Thomas f/k/a Barbara L Estes, known to me to be the person who executed the within General Warranty Deed and acknowledged to me that she executed the same for the purposes therein stated And the said Barbara L Thomas further declared herself to be single and unmarried 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 November 11, 2005 Debra Groves , Notary Public ` Jr3RjA ZsPOve3 x+ w�wv'g G. j®t, mrclaau LounlY S i.. us&on Explros �q� � "r/' il, 2005 CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 7 Agenda January 8, 2007 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Request for Rezoning of a 1.022 -Acre Site at 2423 Kiwanis Drive This agenda item calls for the holding of an advertised public hearing on the request of Ervin Dean Smith to rezone a 1.022 -acre site at 2423 Kiwanis Drive from C-2, General Commercial and M-2, Heavy Industrial to R-1, Single Family Residential District, in order to refinance a home loan. The Planning and Zoning Commission recommended approving this application at its meeting on December 13, 2006, by a vote of 10 in favor and none in opposition. Ervin Dean Smith presented the request. There was no pubic comment regarding this request. It is recommended that the City Council hold the advertised public hearing. Attached for first reading consideration is an ordinance which would authorize the rezoning from C -2/M-2 to R-1. Respectfully Submitted, LL— ent M. Bratton City Planner 10 Douglas K. Leslie City Manager CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Special Use Permit Recommended Action: That the request of Ervin Dean Smith to rezone a 1.022 -acre site at 2423 Kiwanis Drive from C-2, General Commercial and M-2, Heavy Industrial to R-1, Single Family Residential District, be recommended for approval. Vote Count: Favor — 10 Oppose — 0 Abstain — 0 Date Recommendation Made: December 13, 2006 List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens commenting at meeting: Ervin Dean Smith - applicant Secretary CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning OR Special Use Permit ❑ File No. Address of PropertyaaaZD�-\ 4---. S 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? ;des 5. Continents: K-1 -z6 ,l,.) if c < ►,k-wfrl� �,,.1�i 2-C City P1 er Date CITY ATTORNEY: L Is legal description sufficient? yc 2. Will intended use conform to requested zoning? f� 3. Can requested Special Use Permit be legally granted? 4. Comments: City horn Date CITY MANAGER REFERRAL TO PLANNING AND ZONING COMMISSION: City Mapfiger Date PLANNING SERVICES STAFF: 1. Date notice of proposed action and public hearing posted on tract: Council: -- /.-o "O6 Date Revised 10/29/04 CITY OF CAPE GIRARDEAU Application For Rezoning ❑ OR Special Use Permit ❑ (check one) For Staff Use Only: Date received in Planning Services Office: ( I ' n o By: VA 6 SECTION A 1. Description of project: hCzone -� i-e�0 2. Street address of tract (or other location description): a q,A3 K' ter,, 2423 X WANIS DRIVE ✓ x 63-701 CAPE CAU, Mo. 63701.4310 673334.0436 3. Names and addresses of all legal owners of tract: 4. Present zoning classification: L at 0'n4 rh- a 5. Requested new zoning classification: 6. Requested special use: evhy- A-- R, � .1 IN0e�-cc r- 7. Person handling this application (name, address, phone number): s 242511eWANIS DRIVE k V - U 1 N ' ec rx ism 1r i^ CAPE t41EWWM, Mo. 697014310 57334-0436 8. If tract is to be transferred, name and address of intended owner: A) 0 Page 2 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 SECTION B Legal description of tract: Please attach a copy of the latest deed to the property. (If you do not have a copy of your deed, one can be obtained from the County Recorder of Deeds.) Vy- 2. Attach to this application a scale plat or map of the tract, on paper no larger than 11 inches by 17 inches, showing the following (If you do not have a surveyor's plat of the property, items a and b can be obtained from the County Mapping and Appraisal Office in the County Administration Building in Jackson): 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. Page 3 SECTION C 1. List names and addresses of ALL adjoining landowners. Include land which corners on your tract or which is across streets or alleys. (This information can be obtained from the County Mapping and Appraisal Office in the County Administration Building in Jackson.) (� E. �W-here= re enrng of :Wec�`al s .w Matted tract,dj[nii ©rlersare hong j, -solv,n 4-mcc q Sag /v.. 8rO-LcQ v ie L4j ,:4. 9et)n e+k' 4 boon .0, WAaC'e _15-a i 11 3. Al atAav, b3'e,"n, j)evauV4 -5—/S it 2. With this application, the applicant must deliver to the Planning Services Office a stamped, plain business envelope addressed to each of the landowners listed in Section C, Item 1, of this application. Please do not include a return address. The Planning Services office will use its return address. (If a tract is owned by the City of Cape Girardeau, an envelope for City property is not needed.) 7 Cr 09 AI cv U') e'- Chi i � Y I 1co �� i C to r V) f- , IN NIf Al � G U r) Page 4 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. 1 �,�Y �'r �,w►,�. how � 2. If this is an application for a special use permit, you need to be aware that the Planning and Zoning Commission and the City Council can place limitations on the permit such as the period for which it will be effective, the size and design of improvements to be constructed, and hours of operation, as examples. Please list below any limitations you are willing to consider in this regard. -IU% ) 3. Is a transfer of ownership of the tract dependent upon the approval of this application, or will a transfer occur if this application is approved? n•64 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 by the City Council. If you are unsure as to whether or not an application was previously made, please contact the Division of Planning Services Office for assistance. /V�1 Page 5 SECTION E 1. State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. 2. Please list below the names and addresses of adjacent property owners or other neighbors you have contacted directly in regard to the requested rezoning or special use permit, and your project if it involves new structures or a change of use in an existing building. (Telephone or e-mail contacts can be listed, but please note them as such.) Name Address Revised 05/19/2006 I I Y 1 S Ir > I r •U u� 3.OS,GN 1 I r r N .0'SS R, t rr v a (iV mo I I O ! QaCid moo G'II !b'90 1Y ewo,J r II 1 o o n I I m b tZ Z6 bZ W ! I Co j I I y I � I � I 1 r co 0 I � r I I v 1 i o 1 I � I r t r 1 y a ` ol fn f r � I � I ! ao f f I � a I x I r <O�SZt •p�SS M.,OS.GS p. SS 3.OS.4N a��CI �s`zzuZ� rQ0 }} m •F"zsti 3 ps.�N GENERAL WARRANTY DEED This Deed, made and entered into this 26th day of Jan„ary , 1996, by and between FORREST H. JACKSON AND EDITH M. JACKSON, husband wife; in the City of Bay, State of Arkansas; AND FORREST JEFFREY JACKSON, a single person of the Co ty of Cape 'rardeau, State of Missouri, parties part, an Ervin D. Smith a d Stephanie A. Smith Husband and Wife ADDRESS • 2423 Kiwanis._.Drive Cape Girardeau, Mo. 63701 of the County of Cape Girardeau , State of Missouri second part. and 789 0.,857 of the first 00 1101 parties of the WITNESSETH, that the said parties of the first part, for and in consideration of the sum of One Dollar and other valuable considerations paid by the said parties of the second part, the receipt of which is hereby acknowledged, does or do by these presents GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto the said parties the second part, the following described Real Estate, situated in the County of Cape Girardeau, and State of Missouri, to -wit: Lot One (1) of Katie's First Subdivision in the City and County of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 18 at page 5. SUBJECT to terms, conditions, restrictions and reservations of record, if any. TO HAVE AND TO HOLD the same, together with all rights and appurtenances to the same belonging, unto the said parties of the second part, and to the heirs and assigns of such parties forever. The said parties of the first part hereby covenanting that said parties and the heirs, executors and administrators of such parties, shall and will WARRANT AND DEFEND the title to the premises unto the said parties of the second part, and to the heirs and assigns of such parties forever, against the lawful claims of all persons whomsoever, excepting, however, the general taxes for the calendar year 1996 and thereafter, and special taxes becoming a lien after the date of this deed. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hands the day and year first above written. Nr", - M. - , N CrRREST 11. • fes, /,/,/, FORREST/ �� • EDITH M. JACKSOWJ 39 i QUIT CLAIiVI: D-EFD 008980 THIS INDENTURE, Made on the 22rdday of .dune A.D. Two Thousand by and between ,,S'tephank A. Smith, a single person, of t116 County of Cape Girardeau, State of Missouri, party of the First Park and Ervin D. Smith, a single person, of the County of Cape Girardeau, -in the State of Missouri; party of the Second Part (whose mailing address is 2423 Kiwanis-Drive, Cape Girardeau, Mi'¢souri 63741): WITNESSETH, That the said party of the First Part in consideration of the sum of One Dollar and other good and valuable consideration to her paid by -the said party of the Second Part, the receipt of which is hereby acknowledged, do by these presents, Remise, -Release and forever Quit Claim, unto said party oMe-Second Park the following described Lots, Tracts or Parcels of land, lying, being -and situate in the County of Cape Girardeau, and State of Missouri to -wit: Lot One (1) -of Katie's First Subdivision in the City and County of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 18 at page 5. TO HAVE AND TO HOLD the same, with all the rights, immunities, privileges -andappurtenances; thereto belonging, unto the said party of the Second Park and his heirs -and assigns, FOREVER, so that neither the party of the First Part, nor her heirs, or arty other person or persons for her or in her name or her behalf, shall or will hereafter claim or demand any right or title to the aforesaid premises or -any part thereof, but they and.�very one of them shall, by these presents, be excluded aOd forever barred. fl) 2 CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 351 Agenda December 18, 2006 The Honorable Mayor_ And Members of the City Council City, of Cape Girardeau, Missouri Dear Mayor and Council Members: SUBJECT: An Ordinance Accepting General Warranty Deeds, Fee Simple Interest, Permanent Easements and Temporary Construction Easements from Various Property Owners for the Improvement of Broadway Between Perry Avenue and Houck Place and the Broadway/Clark Street Intersection This Ordinance accepts general warranty deeds, fee simple interest, permanent easements and temporary construction easements which are needed for the improvement of the Broadway/Clark intersection and Broadway between Perry Avenue and Houck Place. This project will improve Broadway between Perry Avenue and Houck Place to a five -lane street, including two through lanes in each direction and a center turn lane. Additionally, the Broadway/Clark Street intersection will be improved to include dedicated left turn lanes on Broadway. This improvement project is a Transportation Trust Fund II project. It is recommended that the Councilgive first reading consideration of the attached ordinance authorizing staff to accept these deeds and easements for this improvement project. Res ctfully. ubmitted Kent M. Bratton City Planner Douglas K. Leslie City Manager R DR. �zr1111Fti � 11111 1� 1111111: ■ C M.7 CHC/R Y HCC WOODLAND DF PARKER CHFNO v IC CIRCCF '� - ----- ■ SIR' L!��11'11I�'��� 1�!}III,A�1�1� �� :►� � �® 111 •1 1111� .. 111111111. 11111111111111111 � ill�!!IIIII� �� ■ � ��11!'11 111'11111: '-�■ �� � 1� • � � � ' . �� 111111► .:111111111111 =� �: vll �1�'� i .. �1���/1111111 11�11111�� on .; •� moi �® � �� �1 � � .1 � _rte.-�. ---- - I kv BILL NO. 06- 258 ORDINANCE NO. AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS, PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE IMPROVEMENT OF BROADWAY BETWEEN PERRY AVENUE AND HOUCK PLACE AND THE BROADWAY/CLARK INTERSECTION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri hereby accepts a General Warranty Deed executed by the June S. Kang Revocable Living Trust Agreement, Dated the 19th Day of July, 1985, June S. Kang, Trustee, an Undivided 1/2 Interest, Han Mu Kang Revocable Living Trust Agreement, Dated the 19th day of July, 1985, Han Mu Kang, Trustee, an Undivided 1/2 Interest, conveying fee simple interest to the City of Cape Girardeau, Missouri for the improvement of Broadway between Perry Avenue and Houck Place, more particularly described as follows, to -wit: THAT PART OF LOT 26 IN BLOCK 2 IN PARK PLACE SUBDIVISION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN PLAT BOOK 3 ON PAGE 6, ALL IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at Southeast corner of Lot 26 in said Block 2 in Park Place Subdivision, said point also being on the North Right of Way line of Broadway; thence with said Right of Way line North 73°2543" West, 153.59 feet, to a point on the West line of said lot; thence with said lot line North 07°24'17" East, 26.03 feet; thence leaving said lot line South 33°49'13" East, 6.26 feet; thence South 75°10'51" East, 148.26 feet, to a point on the East line of said lot; thence with said East line South 06°22'11" West, 26.66 feet, to the point of beginning ARTICLE 2. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by the June S. Kang Revocable Living Trust Agreement, Dated the 19th Day of July, 1985, June S. Kang, Trustee, an Undivided 1/2 Interest, Han Mu Kang Revocable Living Trust Agreement, Dated the 19th day of July, 1985, Han Mu Kang, Trustee, an Undivided 1/2 Interest, conveying an eaasement to the City of Cape Girardeau, Missouri for the improvement of Broadway between Perry Avenue and Houck Place, more particularly described as follows, to -wit: THAT PART OF LOTS 25 AND 26 IN BLOCK 2 IN PARK PLACE SUBDIVISION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN PLAT BOOK 3 ON PAGE 6, ALL IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Southeast corner of Lot 26 in said Block 2 in Park Place Subdivision, said point also being on the East line of said lot and the North Right of Way line of Broadway; thence with said East line North 06°22'11" East, 26.66 feet, to the point of beginning; thence leaving said line North 75°10'51" West, 148.26 feet; thence North 33°49'13" West, 6.26 feet, to a point on the West line of said lot North 07°24'17" East, 29.61 feet; thence leaving said line South 82°21'38" East, 47.96 feet; thence South 06°23'51" West, 18.13 feet; thence South 78°52'41" East, 52.48 feet; thence North 07°30'58" East, 41.41 feet; thence South 83°37'49" East, 49.09 feet, to a point on the East line of Lot 25; thence with said East ► line South 06°22'11" West, 74.03 feet, to the point of beginning and containing 6,944 square feet, more or less. Page 1 of 10 ALSO: THAT PART OF LOT 24 IN BLOCK 2 IN PARK PLACE SUBDIVISION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN PLAT BOOK 3 ON PAGE 6, ALL IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the Northeast corner of Lot 24 in said Block 2, of said Park Place Subdivision; thence with the North line of said lot North 83042'50" West, 148.09 feet, to a point on the West line of said lot; thence with said lot line South 07024'17" West, 30.01 feet; thence leaving said lot line South 83°42'50" East, 148.63 feet, to a point on the East line of said lot; thence with said East line North 06°22'11" East, 30.00 feet, to the point of beginning and containing 4,451 square feet, more or less. ARTICLE 3. The City of Cape Girardeau, Missouri hereby accepts a General Warranty Deed executed by the Broadway and Clark Properties, LLC, which is owned by the Lessley Family Limited Partnership, converging fee simple interest to the City of Cape Girardeau, Missouri for the improvement of the Broadway/Clark intersection, more particularly described as follows, to -wit ALL OF THAT PART OF LOT #15 OF R.L. STURDIVANT'S SUBDIVISION OF OUTLOTS 58, 59, 81, AND PART OF 60 OF USPS 2199, SAID SUBDIVISION RECORDED IN PLAT BOOK 2, AT PAGE 61, IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, STATE OF MISSOURI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at the Southwest corner of the intersection of the present right of way of Broadway and Clark Avenue, thence with the South line of Broadway, North 8722'01" West, 10.00 feet; thence South 40003'44" East, 13.56 feet; to a point on the West line of Clark Avenue, thence with the west line of said Clark Avenue, North 07°14'34" East, 10.00 feet; to the place of beginning and containing 50 square feet, more or less. ARTICLE 4. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by the Broadway and Clark Properties, LLC, which is owned by the Lessley Family Limited Partnership, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of the Broadway/Clark intersection, more particularly described as follows, to -wit: ALL OF THAT PART OF LOT #15 OF R.L. STURDIVANT'S SUBDIVISION OF OUTLOTS 58, 59, 81, AND PART OF 60 OF USPS 2199, SAID SUBDIVISION RECORDED IN PLAT BOOK 2, AT PAGE 61, IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, STATE OF MISSOURI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at the Southwest corner of the intersection of the present right of way of Broadway and Clark Avenue, thence with the South line of Broadway, North 8722'01" West, 23.61 feet; thence South 4003'44" East, 32.01 feet; to a point on the West line of Clark Avenue, thence with the west line of said Clark Avenue, North 0714'34" East, 23.61 feet; to the place of beginning and containing 338 square feet, more or less, excepting 50 sq. ft. of right of way described above, and leaving an aggregate of 288 sq. ft., more or less. ARTICLE 5. The City of Cape Girardeau, Missouri hereby accepts a General Warranty Deed executed by the Derrell L. Driver, conveying fee simple interest to the City of Cape Girardeau, Missouri for the improvement of the Broadway/Clark intersection, more particularly described as follows, to -wit: ALL OF THAT PART OF LOT #18 OF BLOCK NUMBER 2 OF KRUEGER'S SUBDIVISION, SAID SUBDIVISION RECORDED IN PLAT BOOK 3, AT PAGE 59, IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, STATE OF MISSOURI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Northeast corner of said lot number 18, thence with the east line of said lot, South 6°50'30" West, 147.95 feet; to the place of beginning; thence North 87°27'05" West, 50.14 feet; to a point Page 2of10 on the West line of said lot #18, thence with said West line South 6°50'30" West, 4.01 feet, to a point on the present north line of Broadway, thence with said North line, South 87°26'55" East, 50.14 feet; to the east line of said lot #19, thence with said East Line, North 6°50'30" East, 4.01 feet, to the place of beginning and containing 201 sq. ft., more or less. ARTICLE 6. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by the Jerrell L. Driver, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of the Broadway/Clark intersection, more particularly described as follows, to -wit: ALL OF THAT PART OF LOT #18 OF BLOCK NUMBER 2 OF KRUEGER'S SUBDIVISION, SAID SUBDIVISION RECORDED IN PLAT BOOK 3, AT PAGE 59, IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, STATE OF MISSOURI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Northeast corner of said lot number 18, thence with the east line of said lot, South 6050'30" West, 128.06 feet; to the place of beginning; thence continue South 6°50'30" West, 19.89 feet, thence North 87°27'05" West, 50.14 feet to a point on the West line of said lot #19, thence with said West line North 6°50'30" East 32.59 feet, thence South 87°27'05" East, 6.26 feet; thence South 2°32'55" West, 12.66 feet; thence South 87°27'05" East, 42.93 feet to the point of beginning and containing 1080 sq. ft., more or less. ARTICLE 7. The City of Cape Girardeau, Missouri hereby accepts fee simple interest from Eleanor Jones, conveying property to the City of Cape Girardeau, Missouri for the improvement of Broadway between Perry and Houck Place, more particularly described as follows, to -wit THAT PART OF THE WEST 80 FEET OF LOT NO. 27 IN BLOCK 1 IN PARK PLACE ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN PLAT BOOK 3 ON PAGE 6, ALL IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: ,Commence at the Northwest corner of Lot no. 26 of said Block 1 of Park Place Addition; thence with the east line of Park Avenue, South 06°22'11" West, 85.08 feet, to the place of beginning; thence leaving said East right of way line, South 73°04'04" East, 27.62 feet; thence South 69°37'55" East, 54.46 feet, to a point on the East side of a tract of land described in Deed Book 988, Page 580; thence with the East side of said tract, South 06°22'11" West, 26.16 feet, to a point on the North right of way line of Broadway; thence with said North right of way line, North 71°09'43" West, 81.93 feet, to the northeast corner of the intersection of Park Avenue and Broadway; thence with the East right of way line of said Park Avenue, North 06°22'11" East, 26.70 feet, to the point of beginning and containing 2,160 square feet, more or less. ARTICLE 8. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement from Eleanor Jones, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Broadway between Perry and Houck Place, more particularly described as follows, to -wit: THAT PART OF THE WEST 80 FEET OF LOT NO. 27 IN BLOCK 1 IN PARK PLACE ADDITION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN PLAT BOOK 3 ON PAGE 6, ALL IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Northwest corner of Lot no. 26 of said Block 1 of Park Place Addition; thence with the east line of Park Avenue, South 06°22'11" West, 67.91 feet, to the place of beginning; thence continue South 06°22'11" West, with said West line, 17.17 feet; thence leaving said East right of way line, South 73°04'04" East, 27.62 feet; thence South 69°37'55" East, 54.46 feet, to a point on the East side of a tract of land described in Deed Book 988, Page 580; thence with the East side of said tract, North 06°22'11" East, 15.46 feet; thence leaving the East line of said tract, North 69°37'55" West, 82.45 feet, to the point of beginning and containing 1,260 square feet, more or less. Page 3of10 ARTICLE 9. The City of Cape Girardeau, Missouri hereby accepts a General Warranty Deed executed by the Kidds, Inc., conveying fee simple interest to the City of Cape Girardeau, Missouri for the improvement of Broadway between Perry and Houck Place, more particularly described as follows, to -wit: PART OF LOTS 4, 5, AND 6 OF HAUPT'S SUBDIVISION, A SUBDIVISION ON FILE IN PLAT BOOK 2 ON PAGE 31 OF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, ALL IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at the Northwest corner of Lot 6 of Haupt's Subdivision; thence with the East line of West End Boulevard, South 06°26'17" West, 21.61 feet; thence leaving said right of way line, South 83°33'43" East, 2.10 feet; thence North 0626'17" East, 10.00 feet; thence North 6328'21" East, 4.49 feet; thence South 74°05'06" East, 15.00 feet; thence North 16°25'30" East, 4.53 feet; thence South 7334'30" East, 14.26 feet; thence South 76°32'33" East, 50.07 feet, to a point on the South right of way line of Broadway; thence with said right of way line, North 7304'35" West, 86.63 feet, to the point of beginning and containing 324 square feet, more or less, being subject to any easements of record. ARTICLE 10. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by the Kidds, Inc., conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Broadway between Perry and Houck Place, more particularly described as follows, to -wit: PART OF LOTS 4, 5, AND 6 OF HAUPT'S SUBDIVISION, A SUBDIVISION ON FILE IN PLAT BOOK 2 ON PAGE 31 OF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, ALL IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Northwest corner of Lot 6 of Haupt's Subdivision; thence with the East line of West End Boulevard, South 06°26'17" West, 21.61 feet, to the point of beginning thence leaving said right of way line, South 83°33'43" East, 2.10 feet; thence North 06°26'17" East,10.00 feet; thence North 63°28'21" East, 4.49 feet; thence South 7405'06" East, 15.00 feet; thence North 16°25'30" East, 4.53 feet; thence South 73°34'30" East, 14.26 feet; thence South 76°32'33" East, 50.07 feet, to a point on the South right of way line of Broadway; thence with said right of way line, South 7304'35" East, 45.27 feet; thence leaving said right of way line, with the East line of said Lot 4, South 0626'17" West, 13.86 feet; thence leaving said East line, North 7507'24" West, 81.63 feet; thence North 7405'06" West, 30.62 feet; thence South 60°54'54" West, 14.01 feet; thence North 83°26'12" West, 7.35 feet; thence with said East right of way line of West End Boulevard, North 06°26'17" East, 7.36 feet, to the point of beginning and containing 1896 square feet, more or less. ARTICLE 11. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Jerel and Avelina Lichtenegger, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Broadway between Perry and Houck Place, more particularly described as follows, to -wit: PART OF LOTS 2 AND 3 OF HAUPT'S SUBDIVISION, A SUBDIVISION ON FILE IN PLAT BOOK 2 ON PAGE 31 OF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, ALL IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Northwest corner of said Lot 3 of Haupt's Subdivision; thence with the South right of way line of Broadway, South 73°04'35" East, 100.00 feet, to the Northeast corner of said Lot no. 2; thence with the East line of said lot, South 06026'17" West, 4.04 feet; thence leaving said East line, North 74007'12" West, 69.05 feet; thence South 15°52'48" West, 3.95 feet; thence North 75°10'51" West, 29.88 feet, to the West line of said Lot 3; thence with said West line, North 06°26'17" East, 10.45 feet, to the point of beginning and containing 616 square feet, more or less. Page 4of10 ARTICLE 12. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement from Jerel and Avelina Lichtenegger, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Broadway between Perry and Houck Place, more particularly described as follows, to -wit. THAT PART OF LOT 1 IN BLOCK 2 IN PARK PLACE SUBDIVISION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN PLAT BOOK 3 ON PAGE 6, ALL IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Southeast corner of Lot 1 in said Block 2 of said Park Place Subdivision, said point also being on the North Right of Way line of Broadway; thence with the East line of said lot North 06°22'11" East, 26.72 feet, to the point of beginning; thence continuing with said lot line North 06°22'11" East, 75.01 feet, to a point on the North line of said lot; thence with said North line North 83042'50" West, 10.00 feet; thence leaving said line South 06°22'11" West, 63.07 feet; thence North 73°34'30" West, 17.29 feet; thence North 83°32'25" West, 29.01 feet; thence North 06°09'01" East, 5.10 feet; thence North 73034'30" West, 22.19 feet; thence South 06°22'11" West, 10.16 feet; thence South 73034'30" East, 79.12 feet, to the point of beginning, and containing 1,357 square feet, more or less. ARTICLE 13. The City of Cape Girardeau, Missouri hereby accepts fee simple interest from Jerel and Avelina Lichtenegger, conveying property to the City of Cape Girardeau, Missouri for the improvement of Broadway between Perry and Houck Place, more particularly described as follows, to -wit: THAT PART OF LOT 1 IN BLOCK 2 IN PARK PLACE SUBDIVISION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN PLAT BOOK 3 ON PAGE 6, ALL IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the Southeast corner of Lot 1 in said Block 2 of said Park Place Subdivision, said point also being on the North Right of Way line of Broadway; thence with said Right of Way line North 73°25'43" West, 79.15 feet; thence leaving said Right of Way North 06°22'11" East, 26.52 feet; thence South 73°34'30" East, 79.12 feet, to a point on the East line of said lot; thence with said East line South 06°22'11" West, 26.72 feet, to the point of beginning, and containing 2,074 square feet, more or less, subject to any easements of record. ARTICLE 14. The City of Cape Girardeau, Missouri hereby accepts a General Warranty Deed executed by Vera Lohmann, Trustee of the Lohmann Family Trust, conveying fee simple interest to the City of Cape Girardeau, Missouri for the improvement of the Broadway/Clark intersection, more particularly described as follows, to -wit: All of that part of lot #1 of Nothdurft's Partition of Oudot 60 of USPS 2199, said Partition recorded in plat book 41 at page 46, in the Land Records of Cape Girardeau County, State of Missouri, and more particularly described as follows: Begin at the Northwest corner of the intersection of the present right of way of Broadway and Clark Avenue, thence North 8124'10" West, 18.25 feet, thence North 835'50" East, 5.13 feet, thence North 52°43'10" East, 25.19 feet; to a point on the west line of Clark Avenue, thence with said West line, South 650'30" West, 23.22 feet; to the place of beginning and containing 257 square feet, more or less. ARTICLE 15. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Vera Lohmann, Trustee of the Lohmann Family Trust, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of the Broadway/Clark intersection, more particularly described as follows, to -wit: All of that part of lot #1 of Nothdurft's Partition of Oudot 60 of USPS 2199, said Partition recorded in plat book 4, at page 46, in the Land Records of Cape Girardeau County, State of Missouri, and more particularly described as follows: Page 5 of 10 Begin at the Northwest corner of the intersection of the present right of way of Broadway and Clark Avenue, thence North 81°24'10" West, 80.00 feet, thence North 080 35' 50" East, 7.21 feet, thence East, 67.32 feet, thence North 52° 43' 10" East, 17.96 feet; to a point on the west line of Clark Avenue, thence with said West line, South 60 50' 30" West, 30.18 feet; to the place of beginning and containing 1,126 square feet, more or less, excepting 257 square feet of right of way and leaving an aggregate of 869 square feet, more or less. ARTICLE 16. The City of Cape Girardeau, Missouri hereby accepts a General Warranty Deed executed by Mitchell and Julie Malone, conveying fee simple interest to the City of Cape Girardeau, Missouri for the improvement of the Broadway/Clark intersection, more particularly described as follows, to -wit: All of that part of lot #20 of Block Number 2 of Krueger's Subdivision, said subdivision recorded in Plat Book 3, at page 59, in the Land Records of Cape Girardeau County, State of Missouri, and more particularly described as follows: Commence at the Northeast corner of said lot number 20, thence with the east line of said lot, South 650'30" West, 155.62 feet; to the place of beginning; thence North 87027105" West, 35.40 feet; thence North 4628'26" West, 18.33 feet; to a point on the West line of said lot #20, being also on the east line of Clark Avenue, thence with said West line South 6050'30" West, 7.30 feet; thence South 41°36'58" East, 12.18 feet, to a point on the present north line of Broadway, thence with said North line, South 8726'55" East, 41.00 feet; to the east line of said lot #20, thence with said East Line, North 6°50'30" East, 4.01 feet, to the place of beginning and containing 249 sq. ft., more or less. ARTICLE 17. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Mitchell and Julie Malone, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of the Broadway/Clark intersection, more particularly described as follows, to -wit: All of that part of lot #20 of Block Number 2 of Krueger's Subdivision, said subdivision recorded in Plat Book 3, at page 59, in the Land Records of Cape Girardeau County, State of Missouri, and more particularly described as follows: Commence at the Northeast corner of said lot number 20, thence with the east line of said lot, South 6050'30" West, 125.86 feet; to the place of beginning; thence continue with said east line, South 650'30" West, 29.76 feet; thence North 8727'05" West, 35.40 feet; thence North 46°28'26" West, 18.33 feet; to a point on the West line of said lot #20, being also on the east line of Clark Avenue, thence with said West line, North 6°50'30" East, 21.46 feet; thence South 83°09'30" East, 50.00 feet, to the place of beginning and containing 1,439 sq. ft., more or less. ARTICLE 18. The City of Cape Girardeau, Missouri hereby accepts a General Warranty Deed executed by Montgomery Bank, conveying fee simple interest to the City of Cape Girardeau, Missouri for the improvement of the Broadway/Clark intersection, more particularly described as follows, to -wit: That part of Block Number 3 of Oak Park, said subdivision recorded in plat book 4, at page 41, in the Land Records of Cape Girardeau County, in the City and County of Cape Girardeau, State of Missouri, more particularly described as follows: Commence at the Southwest corner of said Block, thence with the East line of Clark Street, North 7°14'34" East, 272.95 feet to the place of beginning; thence North 49°56'31" East, 33.64 feet; thence South 8727'05" East, 159.92 feet; thence North 8729'02" East, 98.08 feet; to a point on the South line of Broadway Street, thence with said South line, North 88°01'13" West, 26.04 feet; thence North 8907'56" West, 82.06 feet; thence North 8726'56" West, 159.29 feet, thence North 8801'16" West, 5.34 feet; thence South 40042'06" West, 13.25 feet; to a point on the Eest line of Clark Street, thence with said West Line, South 7°14'34" West, 18.37 feet, to the place of beginning and containing 1,644 sq. ft. Page 6 of 10 ARTICLE 19. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed.by Montgomery Bank, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of the Broadway/Clark intersection, more particularly described as follows, to -wit: That part of Block Number 3 of Oak Park, said subdivision recorded in plat book 4, at page 41, in the Land Records of Cape Girardeau County, in the City and County of Cape Girardeau, State of Missouri, more particularly described as follows: Commence at the Southwest corner of said Block, thence with the East line of Clark Street, North 7°14'34" East, 272.95 feet to the place of beginning; thence North 49°56'31" East, 33.64 feet; thence South 87°27'05" East, 159.92 feet; thence North 87°29'02" East, 98.08 feet; to a point on the South line of Broadway Street, thence with said South line, South 88°01'16" East, 41.86 feet; thence South 00°52'02" West, 7.00 feet; thence North 88001'16" West, 39.16 feet; thence South 06°57'35" West, 17.07 feet; thence North 82°46'35" West, 94.00 feet; thence North 87027'05" West, 39.62 feet; thence South 07°22'40" West, 19.52 feet; thence North 87°27'05" West, 63.30 feet; thence North 02°32'55" East, 22.12 feet; thence North 87°27'05" West, 10.00 feet; thence North 02°32'55" East, 5.00 feet; thence North 87°27'05" West, 3.00 feet; thence South 02°32'55" West, 5.00 feet; thence North 87027'05" West, 50.15 feet; thence South 49°56'31" West, 31.04 feet, to a point on the East line of Clark Street, thence with said East line, North 7°14'34" East, 3.24 feet; to the place of beginning and containing 4,223 sq. ft., more or less. ARTICLE 20. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Nicholas C. Pappas Revocable Trust of 1998, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of the Broadway/Clark intersection, more particularly described as follows, to -wit: All of that part of lot #16 of Block Number 2 of Krueger's Subdivision, said subdivision recorded in plat book 3, at page 59, in the Land Records of Cape Girardeau County, State of Missouri, and more particularly described as follows: Commence at the Northeast corner of said lot number 16, thence with the east line of said lot, South 6050'30" West, 120.40 feet; to the place of beginning; thence continue South 6°50'30" West, 21.43 feet, to a point on the North line of Broadway, thence with the North line of Broadway, North 89°07'59" West, 5.06 feet; thence North 85°35'31" West, 45.01 feet; to a point on the West line of said lot #16, thence with said West line North 6°50'30" East, 20.11 feet; thence South 87°27'05" East, 50.14 feet, to the to the place of beginning and containing 1046 sq. ft., more or less. ALSO: All of that part of lot #15 of Block Number 2 of Krueger's Subdivision, said subdivision recorded in plat book 3, at page 59, in the Land Records of Cape Girardeau County, State of Missouri, and more particularly described as follows: Commence at the Northwest corner of said lot number 15, thence with the west line of said lot, South 6050'30" West, 130.66 feet; to the place of beginning; thence continue South 6°50'30" West, 11.17 feet, to a point on the North line of Broadway, thence with the North line of Broadway, South 89°07'59" East, 20.75 feet; thence North 00°52'01" East; 10.54 feet; thence North 87°27'05" West, 19.60 feet; to the to the place of beginning and containing 218 sq. ft., more or less. ARTICLE 21. The City of Cape Girardeau, Missouri hereby accepts a General Warranty Deed executed by Nicholas C. Pappas Revocable Trust of 1998, conveying fee simple interest to the City of Cape Girardeau, Missouri for the improvement of the Broadway/Clark intersection, more particularly described as follows, to -wit: ALL OF THAT PART OF LOT #16 OF BLOCK NUMBER 2 OF KRUEGER'S SUBDIVISION, SAID SUBDIVISION RECORDED IN PLAT BOOK 3, AT PAGE 59, IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, STATE OF MISSOURI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Page 7 of 10 Commence at the Northeast corner of said lot number 16, thence with the east line of said lot, South 6050'30" West, 141.83 feet; to a point on the North line of Broadway, thence with the North line of Broadway, North 89°07'59" West, 5.06 feet; to the place of beginning; thence North 85035'31" West, 45.01 feet; to a point on the West line of said lot #16, thence with said West line South 6°50'30" West, 2.80 feet, to a point on the present North line of Broadway, thence with said North line, South 89°07'59" East, 45.21 feet to the place of beginning and containing 63 sq. ft., more or less. ARTICLE 22. The City of Cape Girardeau, Missouri hereby accepts a General Warranty Deed executed by Charles and Crystal L. Richey, conveying fee simple interest to the City of Cape Girardeau, Missouri for the improvement of the Broadway/Clark intersection, more particularly described as follows, to -wit: ALL OF THAT PART OF LOT #17 OF BLOCK NUMBER 2 OF KRUEGER'S SUBDIVISION, SAID SUBDIVISION RECORDED IN PLAT BOOK 3, AT PAGE 59, IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, STATE OF MISSOURI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Northeast corner of said lot number 17, thence with the east line of said lot, South 6050'30" West, 144.34 feet; to the place of beginning; thence North 85°35'31" West, 19.91 feet; thence North 88°18'11" West" 28.47", thence North 87°27'05" West, 1.76 feet; to a point on the West line of said lot #17, thence with said West line South 6°50'30" West, 4.01 feet, to a point on the present north line of Broadway, thence with said North line, South 87°26'55" East, 2.06 feet; to the point of curvature of a curve to the left having a radius of 972.50 feet, thence along the arc of said curve a distance of 28.54 feet, thence South 89°07'59" East, 19.60 feet to the east line of said lot #17, thence with said East Line, North 6°50'30" East, 2.80 feet, to the place of beginning and containing 189 sq. ft., more or less. ARTICLE 23. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Charles and Crystal L. Richey, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of the Broadway/Clark intersection, more particularly described as follows, to -wit: ALL OF THAT PART OF LOT #17 OF BLOCK NUMBER 2 OF KRUEGER'S SUBDIVISION, SAID SUBDIVISION RECORDED IN PLAT BOOK 3, AT PAGE 59, IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, STATE OF MISSOURI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Northeast corner of said lot number 17, thence with the east line of said lot, South 6050'30" West, 124.23 feet; to the place of beginning; thence continue South 6°50'30" West, 20.11 feet, thence North 85°35'31" West, 19.91 feet; thence North 88°18'11" West, 28.47 feet, thence North 87°27'05" West, 1.76 feet; to a point on the West line of said lot #17, thence with said West line thence with said West line North 6°50'30" East 19.89 feet, thence South 87°27'05" East, 50.14 feet; to the to the place of beginning and containing 987 sq. ft., more or less. ARTICLE 24. The City of Cape Girardeau, Missouri hereby accepts a Permanent Utility Easement executed by Southeast Missouri Hospital Association, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Broadway between Perry Avenue and Houck Place, more particularly described as follows, to -wit: PART OF LOTS 1, 2, AND 3 OF LORIMIER PLACE, A SUBDIVISION ON FILE IN PLAT BOOK 2 ON PAGE 54 OF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, ALL IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at the Northeast corner of said Lot 1; thence with the West right of way line of West End Boulevard, South 06°26'17" West, 2.34 feet; thence leaving said right of way line, North 72°44'58" West, 44.42 feet; thence North 71°53'51" West, 35.01 feet; thence North 69°50'08" West, 35.01 feet, to a point on the South right of way line of Broadway; thence with said South right of way line, South 72°44'58" East, 113.94 feet, to the point of beginning and containing 204 square feet, more or less. Page 8of10 ARTICLE 25. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Southeast Missouri Hospital Association, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of Broadway between Perry Avenue and Houck Place, more particularly described as follows, to -wit: PART OF LOTS 1, 2, 3, 4, 5, 6, 7, 8 AND 9 OF LORIMIER PLACE, A SUBDIVISION ON FILE IN PLAT BOOK 2 ON PAGE 54 OF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, ALL IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Northeast corner of said Lot 1; thence with the West right of way line of West End Boulevard, South 06°26'17" West, 2.34 feet, to the point of beginning; thence leaving said right of way line, North 72°44'58" West, 44.42 feet; thence North 71053'51" West, 35.01 feet; thence North 69°50'08" West, 35.01 feet, to a point on the South right of way line of Broadway; thence with said South right of way line, North 72°44'58" West, 64.66 feet; thence North 68°12'36" West, 45.83 feet; thence North 62025'16" West, 185.10 feet; thence leaving said right of way line, South 27036'56" West, 5.00 feet; thence South 62°25'16" East, 255.39 feet; thence South 19°50'35" West, 7.33 feet; thence South 7320'53" East, 62.38 feet; thence South 1706'29" West, 25.00 feet; thence South 73°20'53" East, 102.43 feet, to a point on said West right of way line of said West End Boulevard; thence with said right of way line, North 06°26'17" East, 42.96 feet; to the point of beginning and containing 7053 square feet, more or less. ARTICLE 26. The City of Cape Girardeau, Missouri hereby accepts a General Warranty Deed executed by Patricia S. Yancey, conveying fee simple interest to the City of Cape Girardeau, Missouri for the improvement of the Broadway/Clark intersection, more particularly described as follows, to -wit: ALL OF THAT PART OF LOT #19 OF BLOCK NUMBER 2 OF KRUEGER'S SUBDIVISION, SAID SUBDIVISION RECORDED IN PLAT BOOK 3, AT PAGE 59, IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, STATE OF MISSOURI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Northeast corner of said lot number 19, thence with the east line of said lot, South 650'30" West, 151.79 feet; to the place of beginning; thence North 8727'05" West, 50.14 feet; to a point on the West line of said lot #19, thence with said West line South 650'30" West, 4.01 feet, to a point on the present north line of Broadway, thence with said North line, South 87°26'55" East, 50.14 feet; to the east line of said lot #19, thence with said East Line, North 650'30" East, 4.01 feet, to the place of beginning and containing 201 sq. ft., more or less. ARTICLE 27. The City of Cape Girardeau, Missouri hereby accepts a Temporary Construction Easement executed by Patricia S. Yancey, conveying an easement to the City of Cape Girardeau, Missouri for the improvement of the Broadway/Clark intersection, more particularly described as follows, to -wit: ALL OF THAT PART OF LOT #19 OF BLOCK NUMBER 2 OF KRUEGER'S SUBDIVISION, SAID SUBDIVISION RECORDED IN PLAT BOOK 3, AT PAGE 59, IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, STATE OF MISSOURI, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Northeast corner of said lot number 19, thence with the east line of said lot, South 6050'30" West, 119.20 feet; to the place of beginning; thence continue South 650'30" West, 32.59 feet, thence North 87°27'05" West, 50.14 feet to a point on the West line of said lot #19, thence with said West line North 650'30" East 12.54 feet, thence South 87°27'05" East, 22.81 feet; thence North 232'55" East, 5.00 feet; thence South 87°27'05" East, 15.53 feet; thence North 2°32'55" East, 15.00 feet; thence South 8727'05" East, 13.30 feet; to the place of beginning and containing 955 sq. ft., more or less. 0 ARTICLE 28. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF .2006. Page 9of10 ATTEST: Gayle L. Conrad City Clerk Jay B. Knudtson Mayor Page 10 of 10 61 CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Council Letter No. 352 Agenda December 18, 2006 Subject: An Ordinance Declaring it Necessary to Extend City Water Service_ s to the White Oaks Subdivision, Being A Special Assessment Project Dear Mayor and Council Members: In January, 2006 the White Oaks Homeowners Association requested the City. of Cape Girardeau to design and contract for construction the necessary improvements to connect their subdivision to City water services. The scope of work is to extend the existing private water systems to existing City owned and operated systems by installing.265 linear feet of 8" water main extension, replacing two (2) existing fire hydrants, installing one new fire hydrant, installing 580 linear feet of 1" service line, and incidental ditch work. The street and associated stormwater collection devices are to remain under the private control of the Homeowners Association. The city is acquiring commitments from the property owners for all of the necessary easements and right - of --way for the above referenced project and future Bloomfield Road widening. Design plans are. nearing completion and are under review by the homeowners. The estimated cost for this project is $39,000.00. This ordinance was established at the November 06, 2006 City Council meeting and approved. However, the Southeast Missourian inadvertently left out this public hearing from its advertisements. It was again established at the December 4, 2006 City Council meeting and approved. Unfortunately, this time a fax machine problem caused a communication error and the public hearing notice again was not published. Staff met to thoroughly review the schedule of ordinances, public hearings, ordinances of re -affirmation, and bidding and construction schedules. We had verbally told the White Oaks residents that we would begin construction at the beginning of March, 2007. The schedule revealed that there is adequate float time available in the ordinance and public hearing path to re -adopt an ordinance declaring it necessary to make the proposed improvement without affecting the critical path of the construction project. All of this can be accomplished without emergency readings. Therefore, it is recommended that the City Council give first reading consideration to the Ordinance of Necessity, declaring it necessary to make the improvement and establishing January 22, 2007 as the date of the public hearing on this project. Res ectfully submitted Jay Stencel, P.E. CityEn ' eery Dou as K. Leslie City Manager MJS/DKL/ka White Oaks ! iN Location Ma -ti r 1 BILL NO. 06-259 ORDINANCE NO. AN ORDINANCE DECLARING IT NECESSARY TO EXTEND CITY WATER SERVICES TO WHITE OAKS SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. That the Council of the City of Cape Girardeau, Missouri, hereby declares it necessary to extend city water services to White Oaks Subdivision, by installing 265 linear feet of 8" water main extension, replacing two (2) existing fire hydrants, installing one (1) new fire hydrant, installing 580 linear feet of 1" service line, incidental ditch work, and other necessary appurtenances, all as shown on the plans and specifications for said improvements which have been filed with the City Clerk. It is the intention of the City Council to have this project done by contract and upon completion of the project, the actual cost of the proposed work, including all engineering costs, shall be charged to the abutting property by the issuance of special tax bills. ARTICLE 2. That this ordinance be published for seven consecutive insertions in the Southeast Missourian, a daily newspaper, printed and published in the City of Cape Girardeau, Missouri, and if a majority of the resident owners of the lands that would be liable for the costs of the improvements, at the date of the passage of this ordinance, who shall own a majority of the front feet owned by the residents of the City, abutting in White Oaks Subdivision proposed to be improved, shall not within ten days after the last publication of the ordinance, file with the City Clerk their protest against such improvements, then the City Council shall have the power to cause the improvements to be made, and assess the full costs against the property abutting on the improvements as provided by law. ARTICLE 3. A public hearing will be held before the City Council at 7:00 P.M. on Monday, January 22, 2007, at City Hall, 401 Independence, Cape Girardeau, Missouri, at which time citizens and all interested parties may be heard on the question of the necessity of the work sought to be done. 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 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Office of the City.Manager Council Letter No. 353 Agenda December 18, 2006 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: An Ordinance Accepting a Grant of Easement from Jerome R. Zimmer and Miry J Zimmer and Rodney G. Arnold and Pamela D. Arnold to Serve Whispering Oaks Subdivision This Ordinance accepts a grant of easement from Jerome R Zimmer and Mary J. Zimmer and Rodney G. Arnold and Pamela D. Arnold to the City for utility lines to serve the Whispering Oaks Subdivision. The original plat contained easements for all of the utility lines. During the construction, the utilities were not placed within the existing platted easement in this location. Therefore, the attached easements were given to ensure access to the existing infrastructure. It is recommended that the Council give first reading consideration of the attached ordinance accepting the grant of easement for the existing utilities. Respectfully submitted, Jay Stencel, P.E. City Engineer Dou as K. Leslie City Manager JS/DKL/ka M BILL NO. 06-261 ORDINANCE NO. AN ORDINANCE ACCEPTING ACCESS AND UTILITY EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR IMPROVEMENTS TO WHISPERING OAKS SUBDIVISION, FOR THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby accepts two access and utility easements for improvements to Whispering Oaks Subdivision, executed by Jerome R. Zimmer, Mary J. Zimmer, Rodney G. Arnold and Pamela D. Arnold, Trustees of the Pamela D. Arnold Living Trust dated May 3, 2000, conveying to the City of Cape Girardeau, Missouri, the following described real property, to -wit: Jerome R. Zimmer and Mary J. Zimmer - Access and Utilitv Easement THAT PART OF LOT Z OF RESUBDIVISION OF LOTS 16, 47, 48, 49, 50, & 51 OF WHISPERING OAKS -AMENDED, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN PLAT BOOK 23, AT PAGE 71, BEING ALSO THAT PART OF SECTION 10, TOWNSHIP 31 NORTH, RANGE 13 EAST, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Southeast corner of said Lot; thence with the East line of said Lot North 315541" East, 161.62 feet, to the point of beginning; thence continuing with said line North 31055141" East, 65.32 feet; thence leaving said line along the arc of a curve to the Northwest being concave to the Southwest and having a radius of 170.00 feet and a distance of 156.47 feet, (the chord of said arc bears North 80000150" West, 151.00 feet); thence South 7337'08" West, 52.67 feet; thence along the arc of a curve to the Northwest being concave to the Northeast and having a radius of 140.00 feet and a distance of 135.13 feet, (the chord said arc bears North 78043'44" West, 129.95 feet); thence North 51004136" West, 170.27 feet, to a point on the West line of said Lot; thence South 00053123" East, 84.62 feet; thence South 51004136" East, 116.09 feet; thence along the arc of a curve to the Southeast being concave to the Northeast and having a radius of 205.00 feet and a distance of 197.88 feet; (the chord of said arc bears South 78043144" East, 190.28 feet); thence North 73037108" East, 52.67 feet; thence along the arc of a curve to the Southeast being concave to the Southwest and having a radius of 105.00 feet and a distance of. 101.68 feet, (the chord of said arc bears South 78038119" East, 97.76 feet), to the point of beginning, and containing 31,942 square feet (0.73 acres), more or less. Rodney G. Arnold and Pamela D. Arnold - Access and Utility Easement THAT PART OF LOT A OF RESUBDIVISION OF LOTS, 16, 47, 48, 49, 50, & 51 OF WHISPERING OAKS -AMENDED, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN PLAT BOOK 23, AT PAGE 71, BEING ALSO THAT PART OF SECTION 10, TOWNSHIP 31 NORTH, RANGE 13 EAST, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Westernmost corner of said Lot; thence with the Western line of said Lot North 310 55' 41 East, 161.62 feet, to the point of beginning; thence continuing with said line North 310 55' 41" East, 65.32 feet; thence leaving said line South 580 04' 19" East, 32.00 feet; thence South 310 55' 41" West, 65.32 feet; thence North 580 04' 19" West, 32.00 feet, to the point of beginning, and containing 2,090 square feet, more or less. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2006. Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk IN CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 354. Agenda December 18, 2006 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: An Ordinance Accepting a Permanent Easement for Sewer, Utility and Access within Orchard Park Subdivision This Ordinance accepts a Permanent Easement from Mark Harold to the City of Cape Girardeau for Sewer, Utility and Access within the Orchard Park Subdivision. It is recommended that the Council give first reading consideration of the attached ordinance accepting the grant of easement for the recently completed improvements. Respectfully submitted, Z�/� Jay Stencel, P.E. City Engineer Douglas K. Leslie City Manager JS/DKLIkj 7W i 0 170 11 �� I PASSED AND APPROVED THIS DAY OF , 2006. Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk 0 2 NEW ORDINANCES CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 1 Agenda January 8, 2007 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: SUBJECT: An Ordinance Authorizing the Acquisition of Property for Water System Improvements This Ordinance authorizes staff to proceed with the necessary property acquisition for the drilling of water wells, the extraction of water, the installation of water transmission lines and ingress/egress to the water wells location. This project will provide an additional water supply to the City's public water system. It is recommended that the Council give first reading consideration of the attached ordinance authorizing staff to proceed with the acquisition of property for this project. Resp ctfully Submitted, ent M. Bratton City Planner Douglas K. Leslie City Manager M, BILL NO. 07- 1 ORDINANCE No. AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR WATER SYSTEM IMPROVEMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Staff is authorized and directed to acquire certain property needed for ingress/egress, the drilling of water wells, the extraction of water, and the installation of public water transmission lines. The City staff is hereby authorized and directed to accept offers of donation of property needed, make appropriate offers of purchase to the owners of the properties based on values provided by professional appraisers; to negotiate with the owners of the property in an effort to reach agreement for the purchase of the property needed and if the negotiations fail, then to proceed to acquire the needed properties through the exercise of the City's powers of Eminent Domain. All of the above actions heretofore taken by City Staff relating to the following tracts are hereby authorized and ratified by the City Council. ARTICLE 2. The properties designated for acquisition for this project are as follows: TRACT 1. BNSF RAILWAY COMPANY PERMANENT EASEMENT A utility easement being a part of Outlots No. 49 & 50, US Survey No. 2199, Township 30 North, Range 14 East, Cape Girardeau County, Missouri and being further described by metes and bounds as follows: Commencing at the intersection of the prolongation of the East right-of-way line of Ramsey Street and the South line of Oudot No. 50 from which point the Southwest corner of Oudot No. 52 bears N 81'58'W 2,071.54 feet for the point of beginning (Grid Coordinate: N529,614.0040, E1,102,999.5508); thence S 28°05'47" W along the East right-of-way line of Ramsey Street a distance of 481.42 feet to an existing sanitary sewer easement; thence N 16°50'46" W along said easement a distance of 37.80 feet; thence N 28°08'45" E along said easement a distance of 610.10 feet; thence N 30°59'23" E along said easement a distance of 489.01 feet; thence N 25°15'28" E along said easement a distance of 533.62 feet; thence N 23°40'14" E along said easement a distance of 631.14 feet (Grid Coordinate: N531,250.8642, E1,103,765.3402); thence S 66°15'02" E a distance of 15.00 feet; thence S 23°40'14" W a distance of 631.32 feet; thence S 25°15'28" W a distance of 578.47 feet to the West line of a tract described in Book 1039, Page 572; thence S 28°35'43" W along said line a distance of 600.19 feet to the point of beginning and containing 1.06 acre, more or less. TRACT 2. SEMO REGIONAL PORT AUTHORITY PERMANENT EASEMENT A utility easement being a part of Outlot No. 64, US Survey No. 2199, Township 30 North, Range 14 East, Cape Girardeau County, Missouri and being further described by metes and bounds as follows: Page 1 of 2 Commencing at the Southwest corner of a tract of land recorded in Book 816 on Page 656; thence S 84°07'52" E along the South line of said tract a distance of 222.78 feet to the point of beginning, said point being the intersection of the West right-of-way of the SEMO Port Railroad and the North right-of-way line of LaCruz Street and monumented with a 1/2 -inch iron rod with a cap stamped, "LS 1627", (Grid Coordinates: N528,365.9960, E1,102,568.3750); thence N 5°25'49" W along the West right-of-way line of said railroad a distance of 12.97 feet; thence N 84°34'11" E a distance of 50.00 feet to the East right-of-way line of said railroad; thence S 5°25'49" E along said right-of-way line a distance of 22.96 feet to the North right-of-way line said LaCruz Street; thence N 84°07'52" W along said right-of- way line a distance of 50.99 feet to the point of beginning and containing 0.02 acre, more or less. ARTICLE 3. The Council of the City of Cape Girardeau, Missouri, hereby finds and declares that the acquisition of the above described properties is for a public use and that such acquisition is within the scope of the authority or power of the City of Cape Girardeau, Missouri, and that the acquisition of the properties is reasonable and necessary for public use in order to provide for ingress/egress, the drilling of water wells, the extraction of water, and the installation of public water transmission lines. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2007. ATTEST: Gayle L. Conrad City Clerk Jay B. Knudtson Mayor Page 2 of 2 M CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 2 Agenda January 8, 2007 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: SUBJECT. An Ordinance Authorizing the Mayor to Execute a Permanent Utility Easement to Union Electric Co. (AmerenUE) for the Relocation of Electric Lines As part of the Broadway improvement project between Perry Avenue and Houck Place, the electric lines along Broadway in Capaha Park need to be relocated. The attached Ordinance would authorize the Mayor to execute a Permanent Utility Easement which would allow AmerenUE to relocate the utility poles and electric lines. It is recommended that the Council give first reading consideration of the attached ordinance authorizing the Mayor to execute a Permanent Utility Easement to Union Electric Co. (AmerenUE). Submitted, KeAt M. Bratton City Planner Douglas K. Leslie City Manager W, RES �F OR CHE7 CRR. Ry HILL D NCADE _ o � R L Location of utility easement LACEY ST• ��� �� z O CO Z LU W ST. z p LU e G� g B 0 Fee V/ BILL NO. 07- 2 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PERMANENT UTILITY EASEMENT TO 1 UNION ELECTRIC CO. D/B/A AMERENUE IN CAPAHA PARK IN THE CITY OF CAPE GIRARDEAU, MISSOURI r) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The Mayor, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Permanent Utility Easement to Union Electric Co. d/b/a AmerenUE, for an easement to be located in the City of Cape Girardeau, Missouri more particularly described as follows: THAT PART OF OUTLOT NO. 39; SECTION 31, TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at an iron rod located at the Southwest corner of College Park Addition, a subdivision on file in the Land Records of said County in Plat Book 3 on Page 36; thence leaving said property corner, on a line South 06°57'59" West, said line being the east right-of-way line of Perry Avenue, 988.95 feet, more or less, to a point being at the intersection with the north right-of-way line of Broadway, thence leaving said Perry Avenue right-of-way line South 51°38'56" East, along the north right-of-way of Broadway, 521.75 feet, more or less, to the TRUE POINT OF BEGINNING. Thence leaving said Broadway right -of -wap, North 88°41'37" East, 807.33 feet, more or less, to a point on the west right-of-way line of West End Boulevard, thence along said right-of-way line South 0717'07" West, 20.23 feet, more or less; thence leaving the West End right-of-way South 8841'04" West, 780.03 feet, more or less, to a point on the north right-of-way line of Broadway; thence along said right-of-way line North 51°38'56" West, 31.54 feet, more or less to the TRUE POINT OF BEGINNING, containing 0.37 acres (15,928 square feet), more or less. ARTICLE 8. This ordinance will be in full force and effect ten days after its passage and approval. PASSED AND ADOPTED THIS ATTEST: Gayle L. Conrad, City Clerk DAY OF 12007. Jay B. Knudtson, Mayor CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 3 Agenda January 8, 2007 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: SUBJECT: An Ordinance Accepting a Permanent Sanitary Sewer Easement from the Elmwood Farms Limited Family Partnership for a Sanitary Sewer Line to Serve the White Oaks Subdivision This Ordinance accepts a Permanent Sanitary Sewer Easement from the Elmwood Farms Limited Family Partnership for the construction and maintenance of a sanitary sewer line to serve the White Oaks subdivision. It is recommended that the Council give first reading consideration of the attached j ordinance authorizing staff to accept this easement. Resp ctfully Submitted, Kent M. Bratton City Planner f Douglas K. Leslie City Manager lil �O PRINGWOO LN. 00� OORD'S WAY ti Sa itary Se r Line WNL E OA S< N C,, pQ' o 0 0 O 2 e A�yo p of n G� mm�n @0090 Feel O BILL NO. 07- 3 ORDINANCE NO. AN ORDINANCE ACCEPTING A PERMANENT SANITARY SEWER EASEMENT FROM ELMWOOD FARMS LIMITED FAMILY PARTNERSHIP FOR A SANITARY SEWER LINE TO SERVE THE WHITE OAKS SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri hereby accepts a Permanent Sanitary Sewer Easement executed by Elmwood Farms Limited Family Partnership conveying an easement to the City of Cape Girardeau, Missouri for the construction and maintenance of a sanitary sewer line to serve the White Oaks subdivision, more particularly described as follows, to -wit: THAT PART OF FRACTIONAL SECTION 15; TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Southwest corner of United States Private Survey Number 317; thence South 7238'18" East, 691.57 feet, more or less, thence South 7953'11" East, 55.10 feet, more or less, to a point on the south line of a property recorded in Deed Book 839, page 507 in the Land Records of said County, more or less; thence following said property line South 4811'03" East, 60.14 feet to a point on the centerline of Bloomfield Road, more or less, thence with said centerline North 11'39'35"East, 137.92 feet, more or less, to the TRUE POINT OF BEGINNING. Thence leaving said Bloomfield Road centerline, North 7835'22" West, 43.23 feet, more or less, thence South 26008'22"West, 100.43 feet, more or less, thence North 4732'38" West, 20.84 feet, thence North 2608'22"East, 110.00 feet, more or less, thence South 78°35'22"East, 58.94 feet, more or less, to a point on the centerline of Bloomfield Road, more or less, thence with said centerline South 12°14'05"West, 20.00 feet, more or less, to the Point of Beginning, containing 3152.1 square feet, more or less. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF 12007. ATTEST: Gayle L. Conrad City Clerk N Jay B. Knudtson Mayor Page 1 of 1 W CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 4 January 2, 2007 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Board of Examiners Vacancies. As you are aware, over the past several months, staff has experienced difficulty in securing applicants to fill the vacant positions on the Board of Examiners. There are several reasons that can be cited that have some bearing on the process of securing eligible applicants. Following a discussion with the Board of Examiners at their regular meeting in December 2006, the members expressed their belief that the most significant cause of this difficulty was the requirement that eligible applicants be a resident of the City of Cape Girardeau. This requirement disqualifies several individuals, who by virtue of their trade affiliation, would otherwise be eligible to sit on the Board. Staff has prepared a ordinance, a copy of which is attached, for your review and consideration in amending the current ordinance to allow the consideration of eligible individuals who live outside the City but are residents of Cape Girardeau County. The following items which were voiced by you during the Study Session discussion on this matter have been included in the attached draft: 1) A maximum of 2 positions may be held by eligible applicants who meet the following two requirements: a. Applicants must be a resident of Cape Girardeau County; and b. Applicants must possess a valid contractor's license in the City of Cape Girardeau. The Board of Examiners and staff respectfully request your approval of this ordinance amending Chapter 15, Article XIV, Section 15-426 of the Code of Ordinances relating to the Board of Examiners. Council Letter 4 January 2, 2007 Page 2 This ordinance is presented this evening for your consideration for first reading. Respectfully Submitted, C. Timothy Morg Inspection Services Director Douglas Leslie City Manager TM/DUdlb BILL NO. 07-4 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 15-426(b) OF CHAPTER 15 OF THE CITY CODE RELATING TO THE BOARD OF EXAMINERS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1. Section 15-426(b) of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Term, appointment, qualifications", reading as follows: Section 15-426. Board of examiners. (b) Term, appointment, qualifications. The city council shall appoint the eight (8) members of the board of examiners by formal motion and majority 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) members' 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 experience 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 members of the board must include not more than one (1) of each of the following: plumber, mechanical installer, electrician, construction contractor, master 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 construction contractor, a master drainlayer or a plumbing 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. in its entirety, and a new Section 15-426(b), relating to "Term, appointment, qualifications", is hereby enacted in lieu, in words and figures, to read as follows: Section 15-426. Board of examiners. (b) Term, appointment, qualifications. The city council shall appoint the eight (8) members of the board of examiners by formal motion and majority 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) members' 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 experience 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 members of the board must include not more than one (1) of each of the following: plumber, mechanical installer, electrician, construction contractor, master 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 construction contractor, a master drainlayer or a plumbing fixture installer and must be actually engaged in or working at their trade at the time of their appointment. 2 One (1) of the eight (8) members of the board need not be a licensed practitioner of one (1) of the construction trades. Up to two (2) of the eight (8) members of the board of examiners may be residents of Cape Girardeau County, as long as they hold a valid construction trades license under the terms of this Chapter. The remaining members must be residents of the City. 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 , 2006. ATTEST: Gayle L. Conrad, City Clerk W Jay B. Knudtson, Mayor 3 CITY OF CAPE GIRARDEAU, MISSOURI (I Office of the City Manager Council Letter No. 5 Agenda January 8, 2007 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Request for a Special Use Permit for a Daycare and Preschool This agenda item calls for the holding of an advertised public hearing on the request of the Rhema Word Breakthrough International Ministries for a Special Use Permit to operate a daycare and preschool at an existing church at 750 Mount Auburn Road. The property is currently zoned R-1. 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 December 13, 2006, by a vote of 10 in favor and none in opposition. Pastor Anthony Green presented the request One person spoke in opposition regarding this request.. It is recommended that the City Council hold the advertised public hearing. Attached for first reading consideration is an ordinance authorizing this Special Use Permit. Res ectfully Su d, Kent M. Bratton City P e Gds��.�i3 D ugla.s K. Leslie City Manager Sec. 30-39. Special use regulations. (a) Subject to the provisions ofthis section, the city council nay by ordinance on its own motion or on application grant a special use permit for the special uses anumaated in this section in any districts as hemiu qualified from which the uses are otherwise prohibited by this chapter. The city council shall impose appropriate conditions and safeguards for the issuance of the special use permit, which may include a specified period of time for the pernii4 a limitation of the persons who tray carry out such use, and limitations upon or requirements for the size or design of buildings and other improvements upon the property, all for the pwpose of protecting the comprehensive plan and conserving and protecting property said property values in the neighborhood (b) Applications for special use permits shall be made and processed in the same manner as provided in section 30.5 relating to applications for district changes. (1) The city council shall determine whether such building or use will: IL Substantially increase traffic hazards or congestion. b. Substantially increase fire hazards. Q Adversely affect the character of the neighborhood; or in reaped to special use permits for dwelling purposes where required, be adversely affected by the character of the neighborhood d. Adversely affect the general welfare of the community. e. Overtax public utlitiea E Be in conflict with the comprehensive city plan (2) If the wunciTs finding is negative as to all the subjects referred to in this subsection (b), the application may be granted; if atfrmadve as to any subject, then such permit shall be denied. (c) Any proposed special use shall otherwise comply with all the regulations set froth in this chapter for the district in which such use is located, except that the city council may permit hospitals and institutions to exceed the height limitations of such district. (d) Special uses. (1) Public or private landing field, landing strip, helicopter landing pad, heliport or other landing area for all forms of akcrath auto tape track and drag amp. (2) Amaaememt park, but not within three hundred (300) feet of any "R" district (3) Any general public building erected or used by any department of the city or county government, or a school district Also, offices, wr ehouses, and other support buildings for loaf units of government and sub -state agencies, unless otherwise located within a zoning district which would allow a commercial or institutional facility of the same nature as a use -by -right (4) Cemetery, cimuciriumornrusoleumt (5) Church or other place of worship, or Sunday school, is "R -I," "R-2," or "R-3" residential districts. (6) Circus or carnival grounds, but not within three hundred (300) fed of any "R" district. (7) Commercial, recreational, or amusement development for terrpoary or seasonal periods. (8) (Reserved ] (9) Itstitutn0. college, or hospital provided that any hospital or institution per od in any "R" district shall be bested 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) fed for each foot of building height. (10) Marina or dock. (t t) Nursing home in "R" districts. (12) Office building ofa civic, religious or charitable organization, conducting activities p only within mail not handlingdmerchandise or tendering services on the pi (13) Privately operated community building or recreation field (14) Public utilities, except for buildings and accessory structures that are nmol and customary in a zoning district which would allow other buildings of the same nature as a a by -right (15) Riding stable. (16) Telecommunication ower. The location ofa telecommunication ower it subject to the following condition: a The applicant shall identify the location of the proposed tower(s) on a map showing other ower locations within the city If the proposed ower it bested within nue mile of an existing tower(s), the applicant must submit evidence demonstrating why the existing towet(s) is not suitable or avahlabk for co -use. b. The ower shall be designed to accommodate the co -use ofat kart two (2) other provides and nude available to other provider for co -use for reasonable tam. The applicant shall provide a notarized statement as to the availability of the ower for co -tae. C. The design of the ower and accessary structures shall maximize the use of building materials, color, tenures, screening and landscaping that effectively blood the facilities within the surrounding natural setting and avi onment d The ower shall be act back from the right-of-way line of any public street up to a distance equal to the height of the ower. e. Tower or antennas located on structures shall not extend more than thirty (30) Ext above the highest point of the structure. E The ower and antennas shall meet all federal regulations, including but not limited to, Federal Communications Commission (FCC) emission standards and Federal Aviation Administration (FAA) lighting requirements. g. Any ower that is no longe in use for a teleconamnications purpose stall be removed at the owner's expense. The owner of the ower shall provide the city with a copy of the notice to the FCC of intent to case operations. All obsolete and abandoned ower and accessory facilities shall be removed within six (6) months of cessation of use. In the case of multiple operators sharing use ofa single ower, this provision shall not become effective until all user case operations. The applicant shall submit an executed agreement to ensure compliance with this requirement. If the owner fails to remove an obsolete ower, the city may cause the ower to be removed and issue a special assessment tax bill for the coat of said removal, which shall be a Han against the reap property affected (17) Residential uses as provided for in sections 30-28 (C -I Districts) and 30-33 (M -I Districts). (t 8) Travel trailer amp, in the "C•2," "C-3" and "M" districts. No travel trailer maybe used for any residential purpose either transiently or permanently unless boated in a trailer amp or mobile home park. (19) The extraction of sand, gravel, and other raw materials requiring the removal of an overburden above the deposit, provided, however, any bulk storage of extracted material or overburden and any processing or extraction machinery or the open face of any at shall be at least five hundred (500) fed from any residential structure, street, or place. (20) Parking lots on land in "R" districts within three hundred (300) feet from the boundary of any "C" or "M" district, provided the following standards are met: L Ingress and egress to such lot shall be from a street directly serving the conmtercial, business or industrial district. b. No business involving the repair or service of vehicles, or sale, or display thereof shall be conducted from or upon such parking areas. C. No structures shall be erected or remain on any portion of the lot except as provided for under item g. hereof. d No signs shall be erected on the parking area except as approved by the city council. C. Parking areas shall be used for pig patrons, private passenger vehicles only, and no charge shall be made for parking within such promises. f. The parking shall be set back in conformity with the established or required yards for residential uses and, where a parking area adjoins a dwelling use, it shall have a minimum side yard often (10) feet. g. The parking area shall be suitably screened or fenced, paved and drained, lighted and maintained lace of debris. (21) Any "C" district use in an "R" dishier (22) All uses for which special use permits are required by other sections of these regulations. (23) Buildings in excess of the height and story requirements set forth in section 30-36 for "R4" and "C -r districts, provided side yards are increased in width one (1) W for each foot ofheight that the building exceeds the height regulations of the district in which it is ktated up to a height of seventy-five (75) feet and thereafter no increase in side yards shall be required for any height in excess of seventy-five (75) f- (24) Any "C" district use in a more restrictive "C" district. (25) Senior citizen housing under the folkrwing conditions: a Allowed only in "R-3," "R4" and "C" arear, b. Only senior citizens, handicapped or disabled individuals would be permitted to rota, purchase or inhabit units allowed under this chapter, e. A pernarent sign, prominently displayed, mast be placed on the building clearly labeling the structure as senior citizen housing, and also having thereupon the ordinance number establishing the structure as senior citizen housing. (26) Reserved. (27) The manufacture of com ercial cooking and catering equipment in "G3" districts. (28) Recycling in "C-2," "C-3," "M -l" a "M-2" districts, including salvage, processing and storage of paper and paper products; aluminum am and other metal containers; cloth, clothing and rags; plastics and rubber product; lumber or wood products; and glass. Provided, however, dad all processing, treatment rid handling of the above-described materials, other than loading and unloading hum transport vehicles, shall be inside ofa building and all storage ofsuch materials shall be either inside ofa building or in closed transport tratilas, in such a manner as not to create a nuisance by virtue of odor, ve iK emission, or discharge. Provided further that any processing of such materials shall not create a nuisance or heath hazard by virtue of noise, odor, emission, discharge or byproducts. Loading and unloading of matetiab from transport vehicles shall be completed and the transport vehicles removed from the premises within twenty -fav (24) hours of the receipt ofa transport vehicle on the premises. Exclusions: a No special use permit shall be required under this section for any person, company or form eagaged in recycling activity of its own products which are manufactured or sold on the premises when such recycling is done in support of the principal operation of that business. b. No special use permit will be required under the provisions of this section for recycling activity conducted by nwngxofn organizations for Periods not exceeding thirty (30) days in any calendar year. c A special use permit shall not be requited under this section for any agency of any state, county or other tical government unit engaging in recycling activity for its interval operation purposes only and not for resale: to the public for profit (29) Residential or outpatient facilities for the treatment of alcohol or oder ding abuse for not exceeding twenty (20) persons in "R4" districts, or for more than twenty (20) persons in "C" districts, with the provision that no special use permit shall be issued for such a facility unless the applicant for such permit provides evidence that he has provided written notification of the proposed placement of the facility to the owner or owner of property bated within out hundred eighty-five (185) feet of the boundaries of the property on which the treatment facility is to be located Further, the exterior appearance of the treatment facility shall reasonably conform to the exterior appearance of other buildings in the vicinity and a treatment facility shall not be bated closer than three hundred seventy (370) feet to any other substance abuse facility. (30) Single or double -wide, manuficlured home or manufactured business units for office purposes only in "M-2" heavy industrial districts. (31) Family day care homes for the are of more than six (6) children but not more than ten (10) children in a residential zone. (32) Excursion gambling boat or homing gambling facility in any "C" or "M" district, or combination thereof, with the following provisions: a Accessory uses directly connected, associated or linked with the operation of an excursion gambling boat or floating facility shall be included with, and made a part oC any special use permit issued therefor and shall also be within a "C" or "M" district, or combination therwE b. Accessory uses associated with an excursion gambling boat or floating facility shall include the following: 1. Boat support facilities. 2. Docking or mooring facilities. 3. E nployee support facilities. 4. Ground transportation facilities. 5. Passenger ticketing and reception facilities. 6. Parking facilities. 7. Security facilities. 8. Signs, including those attached to a building or other structure, a boat or floating facility, or otherwise placed on the promises constituting an excursion gambling boat or floating facility site. C. Off -strew parking. Offstred parking and loading facilities shall be provided as specified in section 30-39 of this chapter, except that the requirement for off-street parking for an excursion gambling boat or floating facility and is accessory uses shall be one and onchalf (l 1/2) spaces for every two (2) passengers, based on maximum occupancy, plus one (1) space per employee on the maximum shift. In addition, full-size (33) (34) (35) (36) (37) bus parking spaces shall be provided as required by the planning and inning commission and city council. d Site devekipmaa plan. in applying for a special use perm under this +ectlack the developer(s) shall submit a fxi ml site plan for review, which includes, but is am necessarily limited to the following: 1. Maps and other graphics indicating the boundaries ofthe development Sand all properties to be included, indicating whether such properties are owned, leased, optioned, or proposed for such. 2. The locations and general sizes of all buildings, structures, parking lots and other Miklos comprising the. development, including data on size, facilities, and occupancy limits ofthe plamwd excursion gambling boat or floating facility, and accessory uses. 3. Evidence that the development contains sufficient land to provide for any necessary or proposed land side development and support facilities, Including parking, and the development includes sufficient river frontage to accommodate location and operation of the planned excursion gambling boat or floating facility. 4. An impact analysis including, but not limited to, expected access routes, traffic volumes, peak hours of operation, needed road or street Improvements and traria controls necessary to accommodate the proposed uses and traffa vol rrru, and plans for on.She security and disaster response. e. All buildings and Permanently moored structures shalt comply with applicable standards ofthe city's building codes. Further, no occupancy Permit for any accessory use sin both in this section shall be issued prior to the ssit- of o-gncy permits for an new land-based permanent structures proposed as a pat ofthe development. The city corm it may, however, at its discretion approve a temporary occupancy permit for any accessory use for a period of one (1) year if the required land -baud structures are net completed Mini -warehouse or self -storage nits I "Gin" or "C-2" diruicm Parking garages: For enclosed or serrii-(mimed parking garages only, parking Splice dimensions less than the minimum size required I this ordinance nay be approved under a special use permit. A building/parking plan and documentary justification for a requested variation from the minimum stndads must be submitted with any application hereunder. Reserved. Single or double -wide, manufactured home or mmnufsctured business units for tmtPorSaY office Papooses only during construction or re oddhig of a maim building I "M -I" Light industrial Districts. Any special use permit, if approved, will become efferaive only upon the issuance of a building permit for a main building. All such temporary office units shall be removed upon occupancy ofthe coullpided construction or completion or abetdonntent ofthe commuctioa work, whichever occurs fim Double-widaaranufacmued homes (moble homes) in'R-l; "R-2," "R-3," or "R- 4" dinicts, with the following provisions: . a The manufactured home shall be in compliance with Federal Marafactured Home Construction and Safety standards, adopted lune 15, 1976, as amended, and Missouri Public Service Commission rules. - b. The unit when complete shall have a minimum width of not len than hveuy-fav (24) foundation feet as measured at a8 posts perpendicular to the length ofthe nenubmu Dd home, which shall not be leas than forty. two (42) foundation fed. This standard is imeaded to restrict umib to the type which we brought to thecae i4 pats, typically two (2) hales and at least one thousand eight (1,008) square feet minimum C. All whecfs, springs, axles,.lights, and towing apparatus shall be remov"d d Theunrt asst be Parnanmtlly installed onaProperlydesmckaed Imi duiom system In accomSaar with the BOCA National Building Code. C. Oriaustion ofthe manufactured housing unit on the lot shall exmfxm to the same orientation as the majority of conventionally bark structures In the immediate arca (within three hundred (300) fat). Exanpda From door to from lex line, rear door to rat lot line. E Roofmust be a gable or hip roof of at least than (3) In twelve (12) pitch or greater and covered with naterial that is residential in appearance, including, but not hnuw to approved wood, aspmk composition or fibaglaw shingles, but excluding corrugated akminurR corrugated hl-IIIS s, or metal roofs; except for per nkW deck ares, all roof ru-sor s shall provide n eve projection of m less than six (6) inches and mo grater than thirty (30) inches. g. Exterior siding or covering shall be of a type, quality and appearance cumomardy used on conventionally built homes. h. The lot Shall be provided with a bard surface (not earthen I net=) driveway not less than nae (9) fed wide with side -yard parking sufficient for the placement of at last two (2) vehicles. L A minimum of eighteen (18) Idles of crawl spam under the Bake manufactured home shall be maintained j. Permanent steps shall be set at all external exits with appropriate haadrais and/or guard rats. IL 7h a unit shall be saved by a water supply and sewage disposal system in accordance with the International Plumbing Code, as currently adopted by the city. I. The unit shall be served by an electrical service In accordance with the National Mecbica) Code, o currently adopted by the o4. In. Any such strtxture so installed shall conform to an applicable zoning nd subdivision ordinances and any other pertinent ordinance in effect at the time of installation or construction, including setback requirements. (38) Halfway houses for the rehabilitation of &&it persons who ate prisoners or fomes prironaa, may only be loafed in Gl, G2, C-3,14-1, M-2, and A-1 zones, and, if Vproved, are subject to the following additional conditiorna L One (1) puff apace for every four (4) raiderrs, including staffresidenb. b. The proposed facility shall provide appropriate and reasonable seuauity. Q The fawlity shall have no exterior evidence of such use and no sign advertising such use. d At the thin of original approval, if the proposed f acifity IS to be located within five hundred (500) fen of another Such he ity, public, private or parochial mmol, grout borne for adults orjuveniles, Haying, real or convalescaa lame (center), children's nursery or boarding home, day are carter, resideatiel zone, existing residential are, or facility for the menially or physically handicapped, the city council may require such additional conditions on the special use perk ask @eh axe necessary to minimize the effect ofthe proposed we on the surmatdag properties. C. The applicant shag demonstrate that there shall be no negative impact on property within five hundred (500) feet ofthe proposed facility. (39) Microbrewery or pub brewery in a "C -r, "C3", or %&I district (40) Kennel In a "42", or "G3" district. (41) Pla emeot of manufactured business units, or noodulr outs approved by the State of Missouri, for temporary office classroom or storage purposes only diuring cotstrtutbm or ranode ft of a nam hospital, school bundag, or clam inn, and loafed on the same site, I any district. Any special we permit, if approved, Will become effective only upon the issuance oft building Permit for a main bdldag. All such temporary business units shall be re saved Won ocmWamcy ofthe completed construction or completion or abandonment ofthe construction work, whichever oeam first. (e) Community unit plarr. The owner ofany trot of Ind may request a special use permit for the use and devebgrseat of such tract for residential or for residential in combination with shopping anter user AS ad firth in section 30.31. The devdoprnat prlan shag be referred to the planning and zoning oHmmssiom for study and report Approval shall be conditioned upon specific findings that the proposed artaamity emit plan meas the following conditions (1) That the proposed devebpmeut of arty "C-4• planed commercial district included as a part ofthe plan complies with die regulatmm for those districts as ad forth in section 30.31. (2) That the buuitdiogs, other than those located wAso a "C4' district, bated I the area shall be used only for one-Gmly dwellings, two -fitly dwetlags, or meki- family dwellings and the usual accessory uses such a private or puking gauges, storage apace and for ermaramity axfviries, chinches sad schools. (3) That the avenge lot area per firmly contained In the site, exchsive of the area occupied by a "G4" district or by uveas, will ant be lea than the lot area per fainly required in the district in which the development is berated. (4) ..:. That the areas adaptable to completemmmuaity devrloPalcul, bell banded by +majorthoox�hfares°streets iabeads orothaaaaaalbartiers aadaso6ras posmblewithout a major thoroughfare extisaft.thuoogh tae project, or any other physical &sum which would tend to Impair the neighborhood or comrnnrty . cohesiveness. (5) That no more than twenty-five (25) parent ofthe gtoaf arm ofthe project be devoted to a "G4' district and that mo mos than fifty (50) perces ofthe gross ares ofthe project located In a single fainly district be devoted to multiple -family dwellings. (6) .: That sufp-aimtarea is raer"d forre"cational and obaatioml4alitim to mea the needs ofthe anticipated Popmlad^ or as designated in the arrpeaeroive Oft (7) . That property adjacent to the arm aclded I the plan Will out be adversely '+:>affxtedadtuffismd ffi"C'aycowonlmayrequse,athe absemaofany appropriate physical barrier, fast uses of least Wearky ora buflixr efopen apace or scraping be wmWd along the borders of the project (8) That the plan is consistent with the inert and purposes of this chapter to promote public heft safety, morals, and genual welfare. (1) If the city counctl approve the plans, bundng permits and certificates of ocapncy may be issued, even though the use ofthe land and the location and height of buildings to be erected I the area and the yards and open gate come plated by tae plan do nes conform I all respects to the district cegustiom ofthe district In which it is bested (g) An application for a special use paadt coder this section may be made and processed comaWasaeously with a proposed ume dneut ofthe district in which such site lies. (h) A special use permit sail) automatially expire upon the tanlue to develop the use ofthe land for which the special use pa" has been ss ud if the use is not developed within twelve (12) months after the paint has ban Saud () In the event the use ofthe Ind for which the special use perm has been issued is discontinued for a period of one (1) year, then the special use permit shill automatically expire. (Cod" 1967, § 30.38; Ord. No. 660, f 2,2-1-99; Ord. No. 754, ¢ 1, 948-89; Ord. No. 793, Art. 1, 12-I8-89; Ord. M. 845, airs. 4,5,4 -16 -go., Ord. No. 962, art 3,1-16-91; Ord. No. 1085, at 1, 9.16-91; Ord No. 1237, art. 3.9-21-92; Ord No. 1459, at 2,12-20-93; Ord. No. 1529, ams, 2,3.5-16-94; Ord. No. 1551, arts. 5, 6,6-20.94; Ord No. 1730, at 2, 6- 19-95•, Ord. No. 1779, arts. 5, 6, 9-18-95; Ord. No. 1904, ut 1, 2-20.96; Ord No. 2080, at 1, 11-18-96; Ord. No. 2198, arts. 7, 8, 7-21-97; Ord No. 2252, sit 2,10.20.97; Ord. No. 2259, art 1,10-20.97; Ord. No. 2487, at 2,2-16-99-, Ord No. 2706, art 3,4-17-M Ord No. 2981, at 2, 3-18-02; Ord No. 3007, art. 1, 5-20-02; Ord No. 3049, art. 1, 9-16- 02; Ord No. 3206, art 1, 8-18-03; Ord No. 3451, at 14, 2-22-05; Ord No. 3547, an. 1, 9-19-05) V (IF DENIED) CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of, the Cape Girardeau City Council considered the application for Special Use Permit dated November 28, 2006 filed by Rhema Word Breakthrough International Ministries for the property located 750 North Mt. Auburn Road, Cape Girardeau, Missouri for the purpose of maintaining and operating a daycare. 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. 07-5 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO RHEMA WORD BREAKTHROUGH INTERNATIONAL MINISTRIES FOR PURPOSES OF MAINTAINING AND OPERATING A DAYCARE AT 750 NORTH MT. AUBURN ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Rhema Word Breakthrough International Ministries is the owner of certain property on which it desires to maintain and operate a daycare at 750 North Mt. Auburn Road, in the City and County of Cape Girardeau, Missouri; and WHEREAS, the proposed location of said daycare is 750 North Mt. Auburn Road, Cape Girardeau, MO 63701, 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 maintaining and operating a daycare on the following described property: A parcel of land containing 4.00 acres, more or less located in Out Lot 78B, in U.S.P. Survey No. 2199, Township 31 North, Range 13 East, City and County of Cape Girardeau, Missouri, described as follows: Start at the Northwest corner of said Out Lot 78B; thence South 5 degrees 00' West along the West line of said U.S.P. Survey 2199, 690.0 feet; thence North 79 degrees 00' East, 37.0 feet to a point in the East line of the Mt. Auburn Road for the point of beginning; thence South 5 degrees 00' West, along said East line, 360.0 feet for a corner, thence South 35 degrees East, 415.0 feet for a corner, thence North 5 degrees 00' East, 479.0 feet for a corner, thence South 79 degrees 00' West, 431.7 feet to the point of beginning. is hereby granted to Rhema Word Breakthrough International Ministries, 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 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad City Clerk SPECIAL USE PERMIT Rhema Word Breakthrough International Ministries is hereby granted a Special Use Permit for the purpose of maintaining and operating a daycare at 750 N. Mt. Auburn Road, located in the City and County of Cape Girardeau, Missouri, on the following described property for an indefinite period of time: A parcel of land containing 4.00 acres, more or less located in Out Lot 78B, in U.S.P. Survey No. 2199, Township 31 North, Range 13 East, City and County of Cape Girardeau, Missouri, described as follows: Start at the Northwest corner of said Out Lot 78B; thence South 5 degrees 00' West along the West line of said U.S.P. Survey 2199, 690.0 feet; thence North 79 degrees 00' East, 37.0 feet to a point in the East line of the Mt. Auburn Road for the point of beginning; thence South 5 degrees 00' West, along said East line, 360.0 feet for a corner, thence South 35 degrees East, 415.0 feet for a corner, thence North 5 degrees 00' East, 479.0 feet for a corner, thence South 79 degrees 00' West, 431.7 feet to the point of beginning. This Special Use Permit is granted upon the condition that the Applicant be bound by all City Ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicant to comply with these special conditions, the Special Use Permit will automatically terminate and the City of Cape Girardeau shall have the right to enter upon the land to abate such special use. SPECIAL CONDITIONS: 1. Additions or modifications from the original building permit must be approved by the City Council. 2. Special use shall meet all applicable zoning regulations. 3. This Special Use Permit shall automatically terminate in twelve (12) months upon the failure to develop the use of the land for which the Special Use Permit has been issued. 4. This Special Use Permit is not transferrable without consent of the City Council. EXHIBIT A IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of 20 Douglas K. Leslie City Manager ATTEST: Gayle L. Conrad City Clerk STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 20 , before me appeared Douglas K. Leslie, 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: August 4, 2007 LaDonna Laub, Notary Public EXHIBIT A CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of, the Cape Girardeau City Council considered the application for Special Use Permit dated November 28, 2006 filed by Rhema Word Breakthrough International Ministries for the property located 750 North Mt. Auburn Road, Cape Girardeau, Missouri for the purpose of maintaining and operating a daycare. In examining this application, the following factors were considered and found as noted: ke Itawl:01 MUM INKel I--3 Approved Denied X Approved with conditions specified on attached Special Use Permit CITY OF CAPE GIRARDEAU, MISSOURI (SEAL) ATTEST: Mayor City Clerk EXHIBIT B Yes No N/A City Council Findings: The Proposed Special Use Permit, With The Stated Conditions, Would: 1. Substantially increase traffic hazards or congestion X 2. Substantially increase fire hazards X 3. Adversely affect the character of the neighborhood, X or in respect to special use permits for dwelling purposes where required, be adversely affected by the character of the neighborhood. 4. Adversely affect the general welfare of the community X 5. Overtax public utilities. X 6. Be in conflict with the comprehensive city plan X The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-39 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: ke Itawl:01 MUM INKel I--3 Approved Denied X Approved with conditions specified on attached Special Use Permit CITY OF CAPE GIRARDEAU, MISSOURI (SEAL) ATTEST: Mayor City Clerk EXHIBIT B CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Council Letter No. 6 Agenda January 8, 2007 RE: Request for a Special Use Permit for a Daycare This agenda item calls for the holding of an advertised public hearing on the request of James and Keisha McReynolds for a Special Use Permit to operate a daycare at 1540 Independence Street. The property is currently zoned R-2. Certified copies of the following items are herewith presented as evidence in this public hearing for your consideration: 1. Section 30-39 "Special Use Regulations" from the p gala 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 December 13, 2006, by a vote of 10 in favor and none in opposition. James and Keisha McReynolds presented the request. There was no public comment regarding this request. It is recommended that the City Council hold the advertised public hearing. Attached for first reading consideration is an ordinance authorizing this Special Use Permit. Y Submi datton City Planner Dou s K. Leslie City Manager Sec. 30-39. Special use regulations, (a) Subject to the Provisions of this section, the city council may by ordinance on its own (20) Puking lots on hind in "IV' districts within three hundred (300) feet from the "C" "M" motion or on application grant a special use permit for the special uses contrasted in this boundary of any or district, provided the following standards are met: a Ingress and egress to such lot shah be from a street directly serving the section in any districts as herein qualified from which the uses are otherwise prohibited by commercial, business or industrial district this chapter. The city council shall impose appropriate conditions and safeguards for the issuance oftlic special use permit, which may include a specified period of time for the b. No business involving the repair or service of vehicles, or sale, or display permit, a limitation of the persons who may carry out such use, and limitations upon or thereof shall be conducted from or upon such parking areas. a No structures shall be erected or remain on any portion of the lot except as requirements for the size or design of buildings and other improvements upon the provided for under item g. hereof property, all for the purpose of protecting the comprehensive plan and conserving and protecting Proper and property values in the neighborhood d No signs shall be erected on the parking ares except as approved by the (b) Applications for special use permits shall be made and processed in the same manner as in section 30-5 city council. e. Parking areas shall be used for parking petrous, private passenger vehicles provided rehtimg to applications for district changes. (1) The only, and no charge shall be made for parking within such premises. city council shall detumine whether such building or use will: L Substantially increase traffic hazards or congestion. E The parking shall be set back In conformity with the established or b. Substantially increase fire hazards. required yards for residential uses and, where a parking area adjoins a dwelling use, it shall have a minimum side yard often (10) feet C. Adveraely affect the character of the neighborhood; or in respect to special g. The panting area shall be suitably screened or fenced, paved and drained, use permits for dwelling purposes where required, be adversely affected by lighted and maintained Gee of debris. the characterof the neighborhood. (21) Any "C" district use in an "R" district. d Adversely affect the general welfare of the cortmurnity. (22) All uses for which special use permits aro required by other sections of these P— Ovatax public utilities. rewulations. E Be in conflict with the comprehemive city per. (2) If the council's finding is negative as to all the aubjects referred to in this (23) Buildings in excess of the height and story, requirements set forth in section 30.36 "R4" subsection (b) the application may be granted; ifaffirmative as to any subject, for arui'C-r districts, provided side yards are increased in width one (1) fou for each foot of height that the b ildhrg wmeds the height regulations of the therm such perm[ shag be denied (c) Any proposed special use shall otherwise comply with all the regulations set forth in this district in which it is located up to a height of seventy-five (75) feet and thereafter no increase in side yards shall be required for any height in excess of seventy-five chapter for the district in which such use is located, except that the city council nay permit (75) feet. hospitals and institutions to exceed the height limitations of such district (24) Any "C' district use in a more restrictive "C" district. (d) Special uses. (1) Public or private biding field, landing strip, helicopter landing pad, heliport or (25) Senior citizen housing under the following corditios: a Allowed only in "R-3," "R4" and "C" arae; other landing area for all forms of aircraft; auto race track and drag strip. b. Only senior citizens, handicapped or disabled individuals would be (2) Amusement park, but not within three hundred (300) feet of any "R" district, (3) Any permitted o tam 6 purchase nt inhabit allowed order this chapter, g� public building erected or used by any department of the city or c A lit sign, prominentlyaas �P Yed > be placed displlay4 the building county government, or a school district. Also, offices, warehouses, and other clarity labeling the structure as senior titian housing, and also having al support holdings for local units ofsovemmen and substate agencies, unless otherwise located widtid a zoning district which would allow a commercial or thereupon the ordinance number establishing the structure as senior chizm housing, institutional limlity of the same nature as a use -by -right. (26) Reserved (4) Cemetery, crematorium or mausoleum (5) Church or other place of worship, or Sunday school, in "R-1," "R-2," or "R-3" (27) The manufacture of commercial cooking and catering equipment in "C-3" disuicts. (28) Recycling in 'C-2," "C-3," "M-1" or "M-2" districts, ins salvage, processing residential districts (6) Circus or carnival grounds, but not within three hundred 300 fat of an "R" ( ) Y and o and paper products: aluminum ars and other meta! and storage cloth, containers; cloth, tkrhbg and rags; plastic and rubber products; lumber or wood district. Cn Comrcrciat recreational, or amusement development for temporary, or seasonal periods• and handling of above-described materials, other than loadingand processing,Wodam;, and glass. Provided, however, that all oath from unloadu� from lot (8) (Roared. ] vehicles, shalt be imide of a but and all storage aim shall m (9) istkution, college, or bDWW provided that any hospital or institution permitted "R" either inside of a building or in closed traders, in s ch dug transport trailers, m such a meaner as not to create a nuisance by virtue of odor, vermin, mission, or discharge. Provided in any district shall be W ated on a site of not less than five (5) acres, shall not further that any processing of such materials shall not create a nuisance or health occupy more than forty (40) percent of the total lot area, and shall be ser back from hazard by virtue of noise, odor, emission, discharge or byproducts. all yard lines at least two (2) feet for each foot of building height (10) Marina dodo Loading and unloading of material from transport vehicles shalt be completed and or (11) Nursing home in "R" districts.- the transport vehicles removed from the premises within twenty-four (24) hours of the receipt of a transport vehicle out the prenmises. (l2) Office building ofa civic, religious or charitable organization, conducting Exclusions: activities primuily by marl and not handling merchandise or rendering services on a No special use permit shall be required under this section for any person, the peroses, but only within the "R4" district. (13) Privately operated community building or recreation field company or firm engaged in recycling activity of its own products which (14) Public unlmies, except for buildings and accessory structure that are normal and are manufactured or sold on the when such recycling yding s dna in support of the principal operation of that bus®esa customary in &zoning district which would allow other buildings ofthe same b. No special use permit will be required under the provisions of this section nature as a--by-right. (15) Riding Ashok nlgartzatiorm for periods mot for Mydexceeding actively concdays IY nendar (16) Telecommunication ower. The location of a teleconammnication ower is subject to thirty excadirg tmirty (30) days m soy calendar year. in y c A special use permit shall not be required under this section for any agency the following conditions: of any state, county or other local goverment unit engaging in recycling a The applar t shall identify the location of the proposed ower(s) on a map activity for its internal operation purposes only and not for resale to the showing other ower locations within the city. If the proposed tower is public for profit located within one rile of an costing tower(s), the applicant moat submit (29) Residential or outpatient facilities for the treatment of alcohol or other drug abuse evidence denhoostrring why the existing tower(s) is not suitable or for not exceeding twenty (20) persons in *R4" dstrics, or for more than twenty avail" for co -use. b. The tower shall be designed to accommodate the co -use of at last two (2) (20) person, in "C" districts, with the provision that mo special use permit shall be issued for such a facility unless the applicant for such permit provides evidence other povidas and made available to other providers for cause for that he has provided written notification of the proposed placement of the facility teamoable tats. The applicant shall provide a notarized slatemew as to to the owner or owners of property bated within one hundred eighty-five (185) the avadabliry of the ower for co-usw, feet of the boundaries of the property on which the treatment ficlity is to be C. The deign of the ower and accessory structures shall maximize the use of located Further, the exterior appearance of the treatment facility shall reasonably building material, colors, textures, screening and landscaping that conform to the exterior appearance in the and a o nSeventy effectively blend the facilities within the surrounding natural setting and trtatmeat facility shall not be located ebsa than thrm hundred (370) feet environment. to any other substance able facility. d The otter shall be ser bad[ from the right-of-way line of any public strew (30) Single or double -wide, manufactured home or manufactured business units for up to a distance equal to the height of the ower. office purposes only in "M-2" heavy industrial districts. C. Towers or antennas located on structures shall rat extend more than thirty (31) Family day care homes for the arc of more than six (6) children but nm more than (30) fed above the highest point of the structure. ten (10) children in a residential zone. E The ower and antennas shall meet all federal regulations, including but not (32) Excursion gambling boat or floating gambling facility in any "C" or "M" district, limited to, Federal Communications Commission (FCC) emission or combination thereof with the following provisions: standards and Federal Aviation Administration (FAA) lighting a Accessory uses directly connected, associated or linked with the operation requirements. of an excursion gambling bast or floating facility shall be included with, g. Any ower that is no longer in use for a telecommunications purpose shall and made a part o; any special use permit issued therefor and shall also be be removed at the owner's expense. The owner of the tower Shall provide within a "C" or "M" district, or combination therooE the city with a copy of the notice to the FCC of intent to case operations, b. Accessory ser associated with an excursion gambling boat or floating All obsolete and abandoned towers and accessory facilities shall be facility shall include the following: removed within six (6) months of cessation of se. In the ase of multiple 1. Boat support facilities. operators sharing use of a single tower, this provision shall not become 2. Docking or mooring facilities. effective until all users case operations. The applicant shall submit an 3. Employee support facilities. executed agreement to ensue compliance with this requirement. If the 4. Ground transportation facilities. owner fail to remove an obsolete tower, the city may cause the tower to be 5. Passenger ticketing and reception facilities. removed and issue a special assessment tax bill for the coat of said 6. Parking facilities. removal, which shall be a lien against the real property affected 7. Security facilities. (17) Residential uses as provided for in sections 30-28 (C- I Districts) and 30-33 (M- I 8. Signs, including those attached to a building or other structure, a Dsprcts)• (18) Travel trailer amp, in the "G2," "C-3" and "M" districts. No travel trailer may be for boat or floating facility, or otherwise placed on the premises constituting an excursion gambling boat or floating facility site. used any residential purpose either transiently or permanently unless located in C. Off-street parking. Off-street parking and loading facilities shall be a trailer camp or mobile home park. provided as specified in section 30-39 of this chapter, except that the (19) The extraction ofsand, gravel, and other raw materials requiring the removal of an requirement for off-street parking for an excursion gambling boat or overburden above the deposit, provided, however, any bulk storage of extracted floating facility, and its accessory uses shall be one and one-half (1 1/2) material or overburden and any processing or extraction machinery or the open spaces for every two (2) passengers, based on maximum occupancy, plus face of any cut shall be at least five hundred (500) feet from any residential one (1) space per employee on the maximum shift. In addition, full-size structure, street, or place. (33) (34) (35) (36) (37) bus parking spaces shall be provided as required by the planning and zoning Commission and city council. d. Site development plan. In applying for a special use Peart under this section, the devekper(s) shall submit a formal site plan for review, which includes, but is Dot necessarily limited to the following: t. Maps and other graphics indicating the boundaries of the development and all Properties to be included, indicating whether such properties are owned, leased, oprloned, or proposed for such. 2. The locations and general sins of all buildings, structures, parking Iets and other facilities comprising the.devebpment, including data on sin, facilities, and occupancy limits of the planned excursion gambling boat or floating facility, and accessory uses. 3. Evidence that the development contains sufficient land to provide for eery ne -nary or proposed land -side development and support f icilaies, including pairing, and the development includes sufficient river frontage to accommodate location and operation of the Planned excursion gambling boat or floating facility. 4. An impact analysis including, but not limited to, expected access routes, traffic volumes, peak hours ofoperation, needed road or street improvements and traffic controls necessary to accommodate the Proposed uses and traffic volumes, and plans for on-site Beauty sod disaster response. e. All buildings and permanently moored structures shall comply with appliable aanduds of the cityi buuldmg coda. Further, no occupancy Permit for any accessory use set forth in this section shall be issued Prior to the issuance ofocenpancy permits for all new land-based permanent structures proposed as a Part of the development TIC city council nay, however, at its discretion approve a temporary occupancy pernut for any accessory use lbr a Period of one (1) year if the required land-based structures are not completed Mini-waeMuse orself-storage units in "G I" or "C-2" districts. Packing gauges: For enclosed or semi-etncbsed parking garages only, paling space dimensions less dw the minimum size required in this ordinance nay be approved under a special use permit. A building/parking plan and documentary justificaioD fur a roTmed variation from the mmimmtr standards mist be submitted with may application hereunder. Reserved Single or double -wide. manufactured home or manufactured business units IN tex,por"Y office Purposes only during construction or remodeling of a main building in "M-1" Light industrial Districts. Any special use Wait, if approved, Will become effective only upon the issuance of a building permit for a main building. Al such temporary office units shall be removed upon occupancy of the completed COMIarrction or completion or abandosnCnt of the construction work, whichever occurs first. DoubI*-WW,MWM4Ctmtd homes (moble homes) iD'R-I," "R-2," "R-3," or "R- 4" districts, with the following provisions. .. a. Thenanulacnued homeshalt be in compliance with Federal Manufactured Home Construction and Safety Standards, adopted June 15, 1976, as Men" and Missouri Public Service Commission rules. b. 71C unit when complete shall have a minimum width of not less than twenty -Gnus (24) foundation &et as measured at all points perpendicular to the length of the manufactured hate, which shall not be less than forty- two (42) kimdaionfeet- Ibis standard is intended to restrict units to the type which are brought to the site in pats, typically two (2) halves and at kart one thousand eight (1,008) square feet minimum C. Al wheels, springs, axles, lights, and towing apparatus shall be removed d;._ ThAunitnus be permancady installed onaproperly desigruxi, enclosed foundation system in accordance with the BOCA National Building Code. e. Orientation of the manufactured housing anit on the lot shall conform to the same orientation as the majority of conventionally built structures in the iummediate as (within three hundred (300) fat). Exampta Front door o hoot lot Iim rear door to mea lot line. C Roof mst he a gable or hip roof of at least three (3) in twelve (12) pitch or Wtaw and Covered with material that is residential in appearance, including, but Dot limited to approved wood, asphalt cortpcutioD or fiberglass shingles, but excluding corrugated alumimm, corrugated flraglass, or metal roofs; except for Permitted deck areas, all roof structures shall provide an ave projection of no less than six (6) inches sod no greater than thirty (30) inches. g. Exterior siding or covering shall be of a type, quality and appearance aston-fly used on conventionally built homes. h. The lot shall be provided with a hard surface (not earthen in nature) driveway not less than nine (9) feet wide with side -yard parking sufficient for the placement ofat least two (2) vehicles. E A ntinimum of eighteen (IS) inches of crawl space under the entire manufactured home shall be maintained j. ?--=A steps shall be set at all external exits with appropriate handrails and/or Surd rails. L The unit shall be saved by a water supply and sewage disposal system in accwdmm with the International Plumbing Code, as currently adopted by the city. I The unit shall be served by an electrical service in accordance with the National Electrical Code, o currently adopted by the city. In. Any such structure so installed shall conform to all applicable zoning and subdivision ordinances and any other pertinent ordinance in effect at the time of installation or construction, including setback requirements. (38) Halfway houses for the rehabilitation of adult persons who are prisoners or farmer prisoners, may only be located in Gl, G2, 43, M-1, M-2, and A-1 zones, Bad, if approved, aro subject to the following additional conditions: L One (1) Puking space for every four (4) residents, including staffresidents. b. The proposed facility shall provide appropriate and reasonable security. C. The facility shah have no exterior evidence of such use and no sign advertising such use. d. At the time of original approval, if the proposed f kcil@y 6 to be located within five hundred (500) fact of another such facility, public, private or Parochial school, group home fur adults or juveniles, naming, rest or convalescent home (anter), children's nursery or boarding home, day cart center, residential zone, posting residential use, or facility for the mentally or Physically handicapped, the city council may require such additional conditions on the special use permit as it feels are necessary to minimize the effect of the proposed use on the surrounding properties C. The applicant shall demonstrate that there shall be no negative impact on property within five hundred (500) feet of the proposed facility. (39) H -brewery or pub brewery in a "C-2', "G3', or "M-1 district. (40) Kennel in a "G2", or "G3" district. (41) PlaCtubt tt of manufacuued business units, or nxmkdw units approved by the State of Missouri, for temporary office, classroom or amp Purposes only ding corstmction Or romodeling of a main hospital, school building, or church, and boated on the same site, in any district. Any special use pack if approved, will become effective only upon the issuance of a buldiog permit for a main building. All such temporary business units shall be removed upon ocarpaay of tate completed construction or completion or abandomnent of the consnvctioo work, whichever occas first. (e) Commamrty unit plan. The owner of any tract of land may request a special use permit for the use and develo rues; ofsuch tract for residential or for residential in cwnbinuion with shopping anter user as set forth in section 30-31. The devebptice plan slap be referred to the Planning and zoning commission for study and report. Approval shall be conditioned upon specific findings the the proposed community unit plat meets the following conditions - (1) o ditions:(1) The the Proposed development of any "C4' planned wmvnercial district included as a pat of the plan complies with the regulations for those districts as set forth in section 30-31. (2) That the build tim other than those located within a "C4" district, bated in the area shall be used only for one•ftattly dweflmgs, two-family dwellings, or multi- family dwelmgs and the usual accessory uses such Be private or Paling garages, storage space and for community activities, hChding churches and schools. (3) That the average lot area per Gmly contained in the site, exclusive of the arca occupied by a'C-4" district or by streets, will not be less than the lot arca per family required in the district in which the developmeat is located (4) The the area is adaptable to complete -community devebprant, being bounded by major'ffi-6 gJn&M-eds,�rmlmads,orodkweasarolbo.ic. wdasof rens possiblewi - &major thoroughfare extending through the Project, or any other .physical feature which would tend to impair the neighborhood m conmunity cohesiveness. (5) - Ther no mare than twenty-five (25) Percent of the gross area of the project be devoted to a "C-4" district and the no more than fifty (So) paced of the gross arts ofthe Project bcaW in a single-family district be devoted to mleanipfamily (6) That sufficient arca is reserved forrecrestional and educational 6cilitia to meet the needs ofthemdicipated popudaion, oras desigoeed in the comprehensive plan (7) The Property adjacent tothe arca includedin the plan will not be adversely x°affaOW=dtdvhk*tktkYcounclmyrapdmintbeabsenceofany appropriate Physical harrier, that uses of least intensity or a buffo of open space or srrceamg be arranged along the borders of the project. (8) That the plan is consistent with the intent and purposes of this chapter to promote Public heshh, safety, morxls, and genual welfare. (fl If the City council approver the plans, bulking permits and artifiaoa of oaapancy may be issued, even though the use of the land and the location and beight of buildings to he erected in the area and the yards and open space cudempimed by the plan do not conform in all respects to the district rcgulatias of the district in which it is bated (9) An application fon a special use petit under this section may be made and processed contemporaneously with a proposed ame cir eot of the district in which such site Iia. (h) A special use parr[ shall sennaticaliy expire upon the fulurc to develop the use of the WW far which the special use pewit has been issued if the use is not developed within twelve (12) months after the Permit las been issued. () In the event the use of the laad fon which the special use permit has been issued is discontinued fon a Period of one (1) year, then the special use permit shall automatically expire. (Cork 1967, § 30-38; Ord No. 660, § 2,2-1-89; Ord No. 754, § 1, 9-18-89; Ord. No. 793, Art I, 12-18419; Ord M. 845, arts. 4,5,4-16-90; Ord. No. 962, sR 3,1-16-91; Ord No. 1085, art. 1, 9-16-91; Ord No. 1237, art. 3,9-21-92; Ord. No. 1459, art 2,1240-93; Ord No. 1529, arts, 2,3,5.1(.94; Ord No. 1551, arts. 5,6,6-2D-94; Ord No. 1730, ut. 2,6- 19-95; Ord No. 1779, arts. 5,6,9-19-95; Ord No. 1904, art 1, 2-20-96; Ord. No. 2080, art. 1, I I-18-96; Ord. No. 2198, arts. 7,8,7-21-97; Ord. M. 2252, art. 2,10-20.97; Ord. No. 2259, ant 1, 10-20.97; Ord. No. 2487, art, 2,2-16-99-, Ord No. 2706, at 3,4-17-M, Ord No. 2981, art 2, 3 -IS -02; Ord No. 3007, art. 1, 5-20-02; Ord No. 3049, art. 1, 9-16- 02; Ord No. 3206, art 1, 8-18-03; Ord No. 3451, art 14,2-22-05; Ord No. 3547, art. 1, 9-19-05) W (IF DENIED) CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of I , the Cape Girardeau City Council considered the application for Special Use Permit dated November 29, 2006 filed by Donald L. Ganim, II, James McReynolds and Keisha McReynolds for the property located 1540 Independence, Cape Girardeau, Missouri for the purpose of maintaining and operating a daycare. In examining this application, the following factors were considered and found as noted: Yes No N/A City Council Findings: The Proposed Special Use Permit, With The Stated Conditions, Would: 1. Substantially increase traffic hazards or congestion 2. Substantially increase fire hazards 3. Adversely affect the character of the neighborhood; or in respect to special use permits for dwelling purposes where required, be adversely affected by the character of the neighborhood. 4. Adversely affect the general welfare of the community S. Overtax public utilities. 6. Be in conflict with the comprehensive city plan The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-39 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved X Denied Approved with conditions specified on attached Special Use Permit CITY OF CAPE GIRARDEAU, MISSOURI (SEAL) ATTEST: Mayor City Clerk BILL NO. 07-6 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO DONALD M. GANIM, II, JAMES McREYNOLDS AND KEISHA McREYNOLDS FOR PURPOSES OF MAINTAINING AND OPERATING A DAYCARE AT 1540 INDEPENDENCE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Donald M. Ganim, II, is the owner of certain property on which James McReynolds and Keisha McReynolds desire to maintain and operate a daycare at 1540 Independence, in the City and County of Cape Girardeau, Missouri; and WHEREAS, the proposed location of said daycare is 1540 Independence, Cape Girardeau, MO 63701, which property is presently zoned R-2, single-family dwelling district; and WHEREAS, a Special Use Permit is required for said use in an R-2 zone; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council having duly considered the application finds that the granting of the Special Use Permit will not substantially increase traffic hazards, congestion, fire hazards or adversely affect the general character of the neighborhood or the general welfare of the community, nor will it overtax public utilities or be in conflict with the comprehensive plan. ARTICLE 2. A Special Use Permit for purposes of maintaining and operating a daycare on the following described property: All of the West Thirty -Seven and One -Half (37-1/21) feet of Lot Numbered Ten (10) and the East Thirty -Three feet of Lot Numbered Eleven (11) in Block Numbered Two (2) of White Star Addition, to the City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 3 at Page 42, land records of Cape Girardeau County, Missouri. is hereby granted to Donald L. Ganim, II, James McReynolds and Keisha McReyolds, 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 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad City Clerk SPECIAL USE PERMIT Donald L. Ganim, II, James McReynolds and Keisha McReynolds are hereby granted a Special Use Permit for the purpose of maintaining and operating a daycare at 1540 Independence, located in the City and County of Cape Girardeau, Missouri, on the following described property for an indefinite period of time: All of the West Thirty -Seven and One -Half (37-1/21) feet of Lot Numbered Ten (10) and the East Thirty -Three feet of Lot Numbered Eleven (11) in Block Numbered Two (2) of White Star Addition, to the City of Cape Girardeau, Missouri, as shown by Plat recorded in Plat Book 3 at Page 42, land records of Cape Girardeau County, Missouri. This Special Use Permit is granted upon the condition that the Applicant be bound by all City Ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicant to comply with these special conditions, the Special Use Permit will automatically terminate and the City of Cape Girardeau shall have the right to enter upon the land to abate such special use. SPECIAL CONDITIONS: 1. Additions or modifications from the original building permit must be approved by the City Council. 2. Special use shall meet all applicable zoning regulations. 3. This Special Use Permit shall automatically terminate in twelve (12) months upon the failure to develop the use of the land for which the Special Use Permit has been issued. 4. This Special Use Permit is not transferrable without consent of the City Council. IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of . 20 Douglas K. Leslie City Manager EXHIBIT A ATTEST: Gayle L. Conrad City Clerk STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 20 , before me appeared Douglas K. Leslie, 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: August 4, 2007 LaDonna Laub, Notary Public EXHIBIT A CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , the Cape Girardeau City Council considered the application for Special Use Permit dated November 29, 2006 filed by Donald L. Ganim, II, James McReynolds and Keisha McReynolds for the property located 1540 Independence, Cape Girardeau, Missouri for the purpose of maintaining and operating a daycare. 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 EXHIBIT B Yes No N/A City Council Findings: The Proposed Special Use Permit, With The Stated Conditions, Would: 1. Substantially increase traffic hazards or congestion X 2. Substantially increase fire hazards X 3. Adversely affect the character of the neighborhood; X or in respect to special use permits for dwelling purposes where required, be adversely affected by the character of the neighborhood. 4. Adversely affect the general welfare of the community X 5. Overtax public utilities. X 6. Be in conflict with the comprehensive city plan X The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-39 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved Denied X Approved with conditions specified on attached Special Use Permit (SEAL) ATTEST: City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Mayor EXHIBIT B CITY OF CAPE GIRARDEAU, MISSOURI M . Office of the City Manager Council Letter No. 7 Agenda January 8, 2007 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Request for Rezoning of a 1.022 -Acre Site at 2423 Mwanis Drive This agenda item calls for the holding of an advertised public hearing on the request of Ervin Dean Smith to rezone a 1.022 -acre site at 2423 Kiwanis Drive from C-2, General Commercial and M-2, Heavy Industrial to R-1, Single Family Residential District, in order to refinance a home loan. The Planning and Zoning Commission recommended approving this application at its meeting on December 13, 2006, by a vote of 10 in favor and none in opposition. Ervin Dean Smith presented the request. There was no pubic comment regarding this request. It is recommended that the City Council hold the advertised public hearing. Attached for first reading consideration is an ordinance which would authorize the rezoning from C -2/M-2 to R-1. Respectfully Submitted, ent M. Bratton City Planner "L�/�—' Douglas K. Leslie City Manager K�] BILL NO. 07-7 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 2423 KIWANIS DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM C-2 AND M-2 TO R-1 WHEREAS, the City Planning and Zoning Commission has recommended that all of the property described in Article 1 of this ordinance should be rezoned from C-2, General Commercial District, and M-2, Heavy Industrial District, to R-1, Single - Family Dwelling District; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and public hearing was held on Monday, January 8, 2007; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 from C-2, General Commercial District, and M-2, Heavy Industrial District, to R-1, Single -Family Dwelling District; and 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 C-2, General Commercial District, and M-2, Heavy Industrial District, to R-1, Single -Family Dwelling District, for the following described property: Lot One (1) of Katie's First Subdivision in the City and County of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 18 at page 5. Article 2. The City Council hereby finds and declares that the property described in Article 1 hereof is at the present time particularly suitable for the purposes and uses of an R-1, Single -Family Dwelling District, and that such changes authorized hereby are reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. Article 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 20 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 8 Agenda January 8, 2007 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Ordinance Approving the Record Plat for Heritage Meadows Subdivision This agenda item provides for consideration of the record plat of Heritage Meadows Subdivision. This three -lot subdivision is located on the west side of Clark Street between Dunklin and Broadway. This is a commercial and residential subdivision by Clark Street Project, LLC. This subdivision plat was approved by the Planning and Zoning Commission at their meeting on December 13, 2006, by a vote of 10 in favor and none in opposition. There was no pubic comment regarding this request. It is recommended that the City Council give first reading consideration to the attached ordinance approving the record plat for Heritage Meadows Subdivision. Respectfully Submitt d, ent M. Bratton City Plan et Douglas K. Leslie City Manager 61 BILL NO. 07-12 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF HERITAGE MEADOWS SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Heritage Meadows Subdivision, being a resubdivision of part of Lots 1, 2 and 3 of Walker Subdivision of Outlots 60 and 80, U.S.P.S. 2199, and all of Lots 3, 4, 5, 6, 7, 8 and 9 of Block Number 1 of Wulfers Subdivision of Walker Subdivision in Township 31 North, Range 13 East, of the Fifth Principal Meridian, in the City and County of Cape Girardeau, Missouri, submitted by Clark Street Project, L.L.C., bearing the certification of Wayne Koehler, a Registered Land Surveyor, dated December 20, 2006, 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 f effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 20 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk ri I CITY OF CAPE GIRARDEAU SUBDIVISION APPLICATION Project Name: Heritage Meadows Subdivision Index # Project Location: Clark Street (Attach surveyor's legal description on CD in State Plane Coordinates) This application is for: ❑ Single-family residential ❑ Multi -family x Non-residential It Preliminary Subdivision Plat Record Plat (of an approved preliminary plat) ❑ Record Plat (for sectionalized development of an approved preliminary plat) ❑ Record Plat (for minor subdivision) RECORD PLAT SUBDIVISION REVIEW FEE (to be submitted with application) One and Two Family Residential Multi Family Residential Commercial/Industrial $18.00 per lot . $18.00 per dwelling unit $18.00 per acre $90.00 minimum $90.00 minimum $90.00 minimum NOTE: (a) The filing deadline is 3 weeks before the Planning & Zoning Commission meeting held the 2nd Wednesday of each month (except holidays that are observed by the City). (b) The deadline for submittal of revisions necessary to meet State law and City ordinances, or desired by the developer is 1 week before the Planning & Zoning Commission meeting. (c) Any subdivision plat that requires corrections or for which required review fees have not been paid shall not be presented to the City Council for approval. APPLICANT (main contact): OWNER (if Different): Name: Jim Maurer Firm: Clark Street Proiect Address: 24 S. Silversprings Road Cape Girardeau, MO 63701 Phone: 573-270-3110 Fax - E -mail: PROFESSIONAL SURVEYOR/ENGINEER: Name: Wavne Koehler Firm: Koehler Engineering & Land Surveying Inc. Address: 194 Coker Lane Cape Girardeau, MO 63701 Phone: 573-335-3026 Fax: 573-335-3049 E-mail: wkoehler@koehlerengineering.com Name: _ Firm: _ Address: Phone: Fax: E-mail: DEVELOPER Name: Jim Maurer Firm: Clark Street Project Address: 24 S. Silversprings Road Cape Girardeau, MO 63701 Phone: 573-270-3110 Fax: E-mail: 61 :i] CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 9 - January 8, 2007 - The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: T -Hangar Ground Lease with Mr. Terry Irwin Dear Mayor and Council Members: The City owns a row of ten (10) T -Hangars that we lease for the storage of aircraft. The hangars are leased to individuals or companies for $165 per month. As such, one of these hangars, as denoted in the attached agreement, has become available for lease by Mr. Terry Irwin. Mr. Irwin's name was the next available name on our waiting list for t - hangars. The lease is a twelve-month lease, beginning January 1, 2007, with total annual revenue to the City of $1,980. It is recommended that the City Council approve a resolution authorizing the City Manager to enter into an agreement with Mr. Terry Irwin for a hangar lease in the amount of $165 per month or $1;980 annually at the Cape Girardeau Regional Airport. Respectfully submitted, 4 j . Bruce W. Loy Airport Manager ,0- - X114'" Douglas K. Leslie City Manager BILL NO. 07-8 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A T -HANGAR RENTAL AGREEMENT WITH TERRY IRWIN FOR HANGAR RENTAL 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 a T -Hangar Rental Agreement with Terry Irwin for hangar rental 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 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk 20 Cape Girardeau Regional Airport T -HANGAR RENTAL AGREEMENT This Rental Agreement made and entered into this day of January 2007, by and between the City of Cape Girardeau, Missouri, a Municipal corporation, hereinafter referred to as "Landlord", Terry Irwin hereinafter referred to as "Tenant". In consideration of the rent to be paid by Tenant to Landlord and in further consideration of the mutual promises and conditions herein contained, Landlord and Tenant do hereby make and enter into the following agreements: 1. Landlord agrees to provide to the Tenant a certain portion of the T -hangar located at the Cape Girardeau Municipal Airport. This location will be used by the Tenant for the sole purpose of personal aircraft storage. This location is shown as Location #6 on a map illustrated as Exhibit A attached hereto and incorporated herein by reference. 2. This Lease Agreement shall continue for a period of one (1) year beginning January 1, 2007, unless terminated as herein provided. The parties agree that this Lease Agreement is renewable after the initial term subject to negotiations between the parties. 3. Tenant agrees to pay the sum of One Hundred Sixty-five Dollars ($165.00) per month to Landlord in exchange for the right to access and use the T -hangar locations denominated on Exhibit A. Payment shall be made by the 10th day of the month via U.S. Postal Service or in person to the Cape Girardeau Regional Airport for the City of Cape Girardeau, Missouri; 401 Independence; P. O. Box 617, Cape Girardeau, Missouri 63702-0617. 4. Tenant agrees that the demised premises will not be used for any type of commercial operation as defined in the Minimum Operating Standards for the Cape Girardeau Regional Airport, nor will it be used for the storage of any type of hazardous materials such as fuels or chemicals. The usage of the demised premises will be limited to the storage of personal or corporate aircraft only. In addition, this Agreement is solely for the use of the above -referenced hangar space, and does not -1- entitle the Tenant to any other goods or services in the Airport. As a part of the consideration for entering into this Agreement, if the Landlord provides any goods or services at the request of the Tenant, or on the Tenant's behalf, either as a courtesy or for a fee, Tenant hereby 'releases the Landlord, as well as its agents, employees or independent contractors from any claims or liability whatsoever, including attorney fees, for any damage to person or property arising therefrom, unless such injury or damage was intentional or malicious, and agrees to hold harmless the Landlord, and its agents, employees or independent contractors, from any and all such claims or liabilities. The goods and services referred to herein shall include, but not be limited to, aircraft towing, storage or cleaning. S. This Agreement is binding upon the heirs, executors and assigns of the parties. The parties agree that Tenant may not assign its interest in this contract, or sublease any portion of the demised premises, without the express written permission of the Landlord. The Tenant shall have the right ... _ to terminate this lease upon thirty (30) day prior notice in writing to the Landlord stating the desire to terminate. 6. Landlord may terminate this contract upon thirty (30) days written notice to the Tenant in the event that Tenant fails to make payments as agreed herein in a timely fashion and in the event that Tenant fails to comply with any law, provision or requirements of the City of Cape Girardeau, the State of Missouri, or the United States Government or any agency thereof pertaining to the use and operation of said airport or in the event that Tenant makes any assignment for the benefit of creditors or is adjudged a bankrupt. In the event that Landlord elects to terminate this contract under this provision and Landlord provides said thirty (30) days written notice, then in that event Tenant shall, within thirty (30) days after receipt of said notice, remove its personal property. If Tenant fails or refuses to remove said personal property within the time allotted, then in that event the Landlord shall have the right to remove same and retake possession ofthe premises, and Tenant agrees to compensate Landlord for any expense incurred by Landlord in removal of said personal property in question. 7. Tenant shall keep and hold harmless Landlord, its employees, agents, servants and assigns from and -2- against any and all claims, demands, suits, judgments, costs and expenses asserted by any person or persons, including agents or employees of Tenant by reason of death or injury to persons or loss or damage to property resulting from Tenant's use of the facility, or as a result of anything claimed to be done or omitted to be done by Tenant, his agents or employees hereunder. 8. In the event that the United States Government or. any of its agencies shall occupy the airport or any substantial part thereof to such an extent as to materially interfere with Tenant's use of the property as set out on Exhibit A or in the event of destruction by fire or other cause, all or a material portion of the airport or airport facility, or if Tenant's operation and use of the space provided shall for any reason be materially interfered with for a period of fifteen (15) days, then and in any of these events, Tenant shall have the right, upon written notice to Landlord, to terminate this Agreement, and Tenant's further obligation hereunder shall cease. 9. Tenant will not, on the grounds of race, color or national origin, discriminate or permit ATTEST: discrimination against any person or group of persons in any manner prohibited by Title VI of the Civil Rights Act of 1964 and Part 21 of the Regulations of the Office of the Secretary of Transportation. Landlord reserves the right to take such action as the United States Government may direct to enforce this covenant. LANDLORD: CITY OF CAPE GIRARDEAU, MISSOURI TENANT: Terry Irwin -3- D 61 CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 10 Agenda January 8, 2007 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Resolution Authorizing Release of Lien — Rental Rehabilitation Program Attached hereto please find a resolution authorizing the release of lien for a forgivable rehabilitation grant on the property of Bary K. and Patricia K. Malahy located at 1029 South Ellis Street. The time of. this forgivable rehabilitation grant has expired and the lien can hereby be released. The total of the forgivable grant is $7,500.00. The amount of the lien to be released is $7,500.00. The staff recommends adoption of the attached resolution authorizing the release of lien. Respe ully submitted, lKnt M. Bratton Director of Planning Services Douglas K. Leslie City Manager KMB/DKL/ ssw BILL NO. 07-9 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN ON PROPERTY LOCATED AT 1029 SOUTH ELLIS STREET FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City of Cape Girardeau previously entered into an Agreement dated July 8, 1993, with Barry K. Malahy and Patricia Kaye Malahy, for the grant of funds to make repairs to the residence at 1029 South Ellis Street - all of Lot Eight (8) in Block Seven (7), Giboney Houck's Fourth Subdivision, in the City of Cape Girardeau, Missouri, all pursuant to the Community Development Block Grant Program, and WHEREAS, that grant agreement was recorded in the land records of Cape Girardeau County in Book 648 at Page 426 and the time period has now expired; and WHEREAS, it is the desire of the City of Cape Girardeau, Missouri, to release the lien created by the agreement dated July 8, 1993. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1. The City Manager is authorized to execute a Release of Lien and to cause said Release to be recorded in the land records of Cape Girardeau County, Missouri, so that the above described property may be free of any lien or claim by the City of Cape Girardeau, Missouri, by reason of the Agreement dated July 8, 1993, and recorded in Book 648 at Page 426 of the land records of Cape Girardeau County, Missouri. PASSED AND ADOPTED THIS DAY OF , 20 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk RELEASE OF LIEN WHEREAS, Barry K Malahy and Patricia Kaye Malahy are the owners of a dwelling unit located on the following described real estate in the City of Cape Girardeau, Cape Girardeau County, Missouri, more particularly described as follows, to -wit: 1029 South Ellis Street — All of Lot Eight (8) in Block Seven (7), Giboney Houck's Fourth Subdivision in the City of Cape Girardeau, Missouri. WHEREAS, the City of Cape Girardeau, Missouri, previously authorized a grant of money for the repair, rehabilitation and improvement of this dwelling; and WHEREAS, this Agreement for the grant of moneys for repair was made in writing dated July 8, 1993, and recorded in Book 648 at Page 426 of the land records of Cape Girardeau County, Missouri; and WHEREAS, said Agreement constituted a lien against the above described property; and WHEREAS, said time period for said lien has expired; and WHEREAS, it is the desire and intention of the City of Cape Girardeau, Missouri, to release the lien. NOW, THEREFORE, comes the City Manager of the City of Cape Girardeau, Missouri, pursuant to Resolution Number , adopted by the City Council of Cape Girardeau, Missouri, on January 8, 2007, authorizing the City Manager to execute this Release and the City Manager, pursuant to said authorization of the City Council, does hereby remise, release and forever quit claim its lien against the above described property on account of the hereinabove described agreement. Further, the City of Cape Girardeau, Missouri, its successors and assigns shall be forever excluded and barred from enforcing said lien. ATTEST: Gayle L. Conrad, City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Douglas K. Leslie, City Manager STATE OF MISSOURI SS. COUNTY OF CAPE GIRARDEAU On this 8th day of January, 2007, before me appeared Douglas K. Leslie, 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 said instrument was signed and sealed on behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written LaDonna Laub, Notary Public My Commission Expires: August 4, 2007 r) N CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 11 Agenda January 8, 2007 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Resolution Authorizing the City Manager to Execute a Subordination Agreement for a Second Deed of Trust Attached hereto please find a resolution authorizing the City Manager to execute a Subordination Agreement for a second deed of trust on property owned by Gladys Brown located at 930 Bloomfield Street. Ms. Brown has converted from a construction loan to a permanent loan, which made the City's grant agreement the first lien on the property. In order for the financial institution to have first lien on the property, this agreement needs to be executed. The staff recommends adoption of the attached resolution authorizing the City Manager to execute the agreement. Respe tfully submitted, Kent M. Bratton Director of Planning Services Douglas K. Leslie City Manager KBM/DKL/ssw 50 BILL NO. 07-10 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBORDINATION AGREEMENT WITH WOOD & HUSTON BANK FOR A SECOND DEED OF TRUST FOR PROPERTY OWNED BY GLADYS BROWN BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Subordination Agreement with Wood & Huston Bank for a Second Deed of Trust for property owned by Gladys Brown. A copy of said Subordination Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 20 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk I REAL PROPERTY SUBORDINATION AGREEMENT GLADYS BROWN 930 BLOOMFIELD RD CAPE GIRARDEAU, MO 63703 GLADYS BROWN, A SINGLE PERSON 930 BLOOMFIELD RD CAPE GIRARDEAU, MO 63703 GRANTOR/CREDITOR: CITY OF CAPE GIRARDEAU, MISSOURI GRANTEE/LENDER: WOOD & HUSTON BANK, 27 E. NORTH STREET, MARSHALL, MO 65340 DOCUMENT DATE: DATE OF AGREEMENT: AUGUST 16, 2006 DATE OF AGREEMENT RECORDED: AUGUST 22, 2006 DEED OF TRUST describing Real Property located in CAPE GIRARDEAU County, Missouri: PLACE DEED OF TRUST RECORDED: CAPE GIRARDEAU COUNTY RECORDING INFORMATION: AGREEMENT RECORDED AS DOCUMENT #2006-11811 LEGAL DESCRIPTION OF REAL PROPERTY: SEE SCHEDULE A ON PAGE 4. After Recordation Return to: WOOD & HUSTON BANK PO BOX 724 CAPE GIRARDEAU, MO 63702-0724 ATTN: BRENDA HARRISON Page 1 of 4 For valuable consideration, the receipt and sufficiency of which are acknowledged, Creditor and Lender resolve the priority of their debts and security interests and agree as follows: I CR.EDITOR'S SECURITY INTEREST. Creditor owns and holds a Note(s) in the amount of and a related Deed of Trust which is described above, encumbering the real property described in Schedule A (the "Property'). 21ENDER'S SECURITY INTEREST AND CONDITION PRECEDENT. Borrower has requested a $67,000.00 loan from Lender to be secured by a Deed of Trust on the Property from Owner in favor of Lender. Lender is only willing to make the loan on condition that Creditor's security interest described in paragraph 1 be subordinated to the Deed of Trust to be executed in favor of Lender, in the amount of $ Lender's security interest will also secure, without limitation, all other sums due under the loan as amended from time to time, and such additional sums as Lender may advance under the provisions as to future advances, additional sums for the purpose of curing any of Borrower's defaults, interest on principal, and attorneys' fees and costs incurred by Lender in any proceedings arising out of or in connection with Lender's security interest, including proceedings to enforce or foreclose it, all as permitted by the terms and conditions of Lender's Deed of Trust. 3. SUBORDINATION OF CREDITOR'S SECURITY INTEREST. Creditor agrees that its security interest and all of Creditor's rights thereunder shall at all times be inferior and subordinate to the Lender's security interest and Lender's rights in the Property, including any extensions, renewals, or modifications, up to a maximum of $67,000.00 plus interest. 4. PRIORITY OF SECURITY. INTERESTS. The priority of the security interests belonging to Creditor and Lender in the Property will be governed by this Agreement and not by the time or order in which the security interests were created or perfected, by recording in the appropriate public office, or otherwise. 5. WAIVER Creditor waives any obligation of Lender to provide Creditor with notice of any or all amendments, extensions or renewals of the loan, additional advances or loans, notice of default, notice of acceleration of debt, notice of demand for payment or notice of repossession and the right of Creditor to require Lender to marshall any collateral. In addition, Lender may take or refrain from taking any action (including, but not limited to, making additional advances or loans) with respect to Borrower, any guarantor, or any collateral without notice to or the consent of Creditor and without affecting any of Lender's rights under this Agreement. 6. DOCUMENTATION AND NON-INTERFERENCE. Creditor will not prevent, hinder or delay Lender from enforcing its security interest. Creditor will execute and deliver to Lender such additional documents or other instruments as the Lender may deem necessary to carry out this Agreement. 7. TERMINATION. This Agreement will remain in full force and effect now and forever, despite the commencement of any federal or state bankruptcy, insolvency, receivership, liquidation or reorganization proceeding. 8. EFFECT ON BORROWER AND THIRD PARTIES. This Agreement will not affect the enforceability and priority of Creditor's and Lender's security interests in the Property and rights against the Borrower, Owner, or any third party except as set forth herein. 9. REPRESENTATIONS AND WARRANTIES. Creditor represents and warrants to Lender that: a. Creditor has not assigned any of its rights or interest in the Property prior to the execution of this Agreement. Creditor shall not assign or transfer to others any claim that Creditor has or may have in the Property while any indebtedness of Borrower to Lender remains unpaid without the express written consent of the Lender. b. Creditor has obtained all consents and approvals needed to execute and perform its obligations under this Agreement. c. Creditor's execution and performance of its obligations under this Agreement will not violate any court order, administrative order or ruling, or agreement binding upon Creditor in any manner; and d. Creditor has conducted an independent investigation of Borrower's business affairs and was not induced to lend money or extend other financial accommodations to Borrower or execute this Agreement by any oral or written representation by Lender. 10. ASSIGNMENT. Lender shall be entitled to assign its security interest and its rights and remedies described in this Agreement without notice to Creditor. 11.SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of Creditor and Lender and their respective successors, assigns, trustees, receivers, administrators, personal representatives, legatees, and devisees. 12. SEVERABILITY. Whenever possible, each provision of this Agreement shall be interpreted to be valid and enforceable under applicable state law. If any provision of this Agreement violates the law or is unenforceable, the rest of the Agreement shall remain valid. 13. NOTICE. Any notice or other communication to be provided under this Agreement shall be in writing and sent to the parties at the addresses described in this Agreement or such other address as the parties may designate in writing from time to time. 14. APPLICABLE LAW. This Agreement shall be governed by the laws of the state in which the property is located. Creditor consents to the jurisdiction of any court located in the state in which the property is located in the event of any legal proceeding under this Agreement. 15. ATTORNEYS' FEES. Lender will be entitled to collect its reasonable attorneys' fees, legal expenses, and other costs in the event of any litigation pertaining to this Agreement. 16. JOINT AND SEVERAL. If there is more than one Creditor, their obligations shall be joint and several under this Agreement. Wherever the context requires, the singular form of any word shall include the plural. 17. INTEGRATION. This Agreement and any related documents represent the complete and integrated understanding between Creditor and Lender pertaining to the terms and conditions of this Agreement. 18. WAIVER OF JURY TRIAL. LENDER AND CREDITOR HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF, OR BASED UPON, THIS AGREEMENT. 19. ADDITIONAL TERMS: Lender and Creditor acknowledge that they have read, understand, and agree to the terms and conditions of this Agreement. CREDITOR: CITY OF CAPE GIRARDEAU, MISSOURI LENDER: WOOD & HUSTON BANK ("7 y. By: Page 2 of 4 Creditor's Acknowledgment State of Missouri County of Cape Girardeau On this day of _ 2007 before me personally appeared to me personally known, who, being by me duly sworn, did say that he/she is the of that the foregoing instrument was signed on behalf of said corporation by authority of its board of directors, and acknowledged said instrument as said corporation's free act and deed. Notary Public My Commission Expires: Lender's Acknowledgment State of Missouri County of Cape Girardeau On this day of 2007 before me personally appeared to me personally known, who, being by me duly sworn, did say that he/she is the of Wood & Huston Bank that the foregoing instrument was signed on behalf of said corporation by authority of its board of directors, and acknowledged said instrument as said corporation's free act and deed. Notary Public My Commission Expires: _ Page 3 of 4 SCHEDULE A The following real property located in the County of Cape Girardeau, State of Missouri: The Southwest part of Lot Ten (10) in Block Thirty-two (32) of West End Place Addition to the City of Cape Girardeau, Missouri; fronting 47 feet on Bloomfield Street by a depth of 110 feet, described as follows: Begin at the southwest corner of said Lot 10, in Block 32, and run East along Bloomfield Street, 47 feet to a point; thence North, parallel with Benton Street, 110 feet to a point; thence West, parallel with Bloomfield Street, 47 feet to the west line of said Lot 10 in Block 32; thence South, along the west line of said Lot 10 in Block 32 with Benton Street, 110 feet to the place of beginning. The street address of the real property (if applicable) is: 930 Bloomfield Rd, Cape Girardeau, MO 63703 This Document was prepared by: BH (9/5/03) Page 4 of 4 D CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 12 - January 8, 2007 - The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Airport Restaurant Lease Agreement with Tina and John Plaskie d/b/a The Drop Zone Airport Restaurant Dear Mayor and Council Members: Effective November 15, 2006, the airport restaurant lease with Mike and Judy Brandt ended. As a result, the City advertised to the public for Requests for Proposals in an effort to find a new restaurant operator. One proposal was submitted by the November 27, 2006 deadline. That proposal was reviewed and accepted by the Airport Board after conversations and negotiations with the proposed Lessees, Tina and John Plaskie. The restaurant and bar will be called "The Drop Zone" Airport Restaurant. Tina Plaskie has applied for a liquor license and hopes to begin serving beer, wine, and mixed drinks once she receives her license. The proposed lease is a twenty-four (24) month lease, beginning January 1, 2007 and ending December 31, 2008. It also provides an option for three additional one-year extensions of the original terms. The lease payments are based on a percentage of monthly gross receipts with a $250.00 monthly minimum. The lease payments for the first twelve months of business have been lowered in an effort to assist with startup expenses. The lease calls for the restaurant to be open a minimum of six days per week, however, the Plaskie's currently plan on a seven day per week operation. The lease also includes a provision for the airport staff to inspect the premises. This provision was included to ensure the restaurant is being operated in a manner that meets airport needs. This restaurant lease agreement has been reviewed and approved by the Airport Board. It is recommended that the City Council approve a resolution authorizing the City Manager to enter into an agreement with Tina and John Plaskie, as attached, for the operation of the airport restaurant at the Cape Girardeau Regional Airport. Respectfully submitted, t%t.C�l✓ - Bruce W. Loy Airport Manager Douglas K. Leslie City Manager BILL NO. 07-11 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PREMISES AND EQUIPMENT LEASE WITH JOHN PLASKIE AND TINA PLASKIE FOR THE RESTAURANT LOCATED 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 a Premises and Equipment Lease with John Plaskie and Tina Plaskie d/b/a The Drop Zone Airport Restaurant for the restaurant located at the Cape Girardeau Regional Airport. A copy of said First Amendment is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 20 n ATTEST: Gayle L. Conrad, City Clerk 59 Jay B. Knudtson, Mayor FJ PREMISES AND EQUIPMENT LEASE This lease is made and entered into this day of December 2006, by and between the CITY OF CAPE GIRARDEAU, MISSOURI, a municipal corporate (hereafter "Lessor") and Tina and John Plaskie d/b/a/ The Drop Zone Airport Restaurant (hereafter "Lessee"). In consideration of the mutual promises and covenants hereinafter set forth and other goods and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties hereto as follows: 1. LEASED PREMISES. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor, the property shown on diagram in Exhibit A and the equipment described in Exhibit B attached hereto and by this reference made a part hereof, which said property is located with the terminal building at the Cape Girardeau Regional Airport in Cape Girardeau, Missouri. 2. INVENTORY. Lessor agrees to lease to Lessee and current inventory of restaurant supplies and equipment listed in Exhibit B, which shall be in stock at the time this lease commences. Such equipment and supplies shall be verified through combined inspection of both parties and verified with a mutually signed inventory settlement list (Exhibit B) consisting of the individual items, quantities of items, and a fair market value of each item or portion thereof. Said inspection shall begin at such time as this lease shall commence and payment for any such items missing from the list at time of lease termination shall be made within thirty (30) days of completion of a final inventory inspection. 3. USE OF PREMISES. Lessee shall occupy and use the leased premises to operate a restaurant, lounge, meeting facility, and banquet center, as well as operate a catering business on and off premises. Should such use be at any time prohibited by law, then Lessee, at its option, may terminate this lease and all of its liability hereunder. Lessee shall at all times maintain a respectable, clean, and professional operation and appearance. Lessee shall remain open during Airport special events, except when agreed and approved otherwise by Airport Management. Lessee agrees to be open and operate, at a minimum, for continental breakfast and lunch weekly, six days per week unless approved otherwise by Airport Management.. 4. TERM. The term of this lease shall be for twenty-four (24) months, commencing on January 1, 2007 and shall expire on December 31, 2008. This lease shall automatically renew, on the same terms and conditions, for three (3) additional one (1) year terms unless Lessee notifies Lessor in writing of intent to terminate the lease at least sixty (60) days prior to the end of the current leased term. At the conclusion of these three renewal terms, all rental amounts and other conditions of this lease shall be subject to renegotiation at the option of the Lessor. 5. RENT. During the first twelve months of this lease, commencing on January 1, 2007, Lessee promises and agrees to pay rent to Lessor for the leased premises at a rate of one percent (1%) of monthly gross receipts in excess of 25,000.00. From that date, for the remaining twelve (12) month term of the lease, Lessee promises and agrees to pay rent to Lessor for the leased premises at a rate of three percent (3%) of monthly gross receipts for the first $150,000.00 of annual gross receipts and two percent (2%) of monthly gross receipts in excess of such $150,000.00 of annual gross receipts. "Annual Gross Receipts" for purposes of this lease shall include all receipts for the sale of any item prepared and/or sold upon the leased premises including food, beverage, cateringibanquet and vending sales but DOES NOT include any sales taxes or other like taxes Lessee is obligated to charge for its products or services. The rent is payable monthly on or before the first day of each month, and shall be prorated for the first partial. Except for said initial twelve (12) month term, in no event during the remaining twelve (12) months of the lease shall monthly rent be less than $250.00. Said payments and documentation shall be delivered to V the Office of Accounting and Purchasing, City of Cape Girardeau, City Hall, P.O. Box 617, Cape Girardeau, MO 63702-0617. For the purpose of certification of Annual Gross Sales amounts, Lessee agrees to provide access to all business records and ledgers applicable to the operation of the premises. Such request for financial audit will be permitted by the Lessee no later than 5 business days following such request from the Lessor. Should the terminal building be damaged in such a way as to cause reduction or cessation of Lessee's business, the base minimum rent shall be reduced by the same percentage as the gross receipts of Lessee are reduced during the months of damage, compared to the corresponding calendar months of the immediately preceding year, provided that such damage is in no way proximately caused by the Lessee, its agents or employees. 6. DEPOSIT. Before occupying or using the leased premises, Lessee shall deposit with Lessor the amount of $1,000.00 as a guarantee of Lessee's performance of this lease and the timely payment of the rental provided for herein: and in the event Lessee shall fail to pay the rental as provided herein, or otherwise breach this lease, then the Airport Manager may apply such deposit, or any part thereof as may be necessary, to the payment or rental or to the payment of damages for such breach. Deposit shall be paid in quarterly installments during the first year term with the first payment due January 1, 2007. 7. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this lease, nor shall the leased premises or any part thereof, be assigned, let or sublet without the prior written consent of Lessor, which consent shall not be unreasonably withheld. 8. TERMINATION OF LEASE. Lessee shall be required to give at least thirty (30) days notice of intent to terminate any or all conditions of this lease. Failure of the Lessee to conduct business in excess of three (3) business days, Monday through Friday, without written notice giving reasonable cause of such to Lessor may be considered to be abandonment of the lease premises. Failure by Lessee to give notice shall be considered as abandonment of the lease premises and shall result in termination of the terms of this lease —AND- Lessee shall pay Lessor one (1) month's rent at the highest rate applicable in paragraph 5 of this lease, subject to a minimum of $250.00. 9. REPAIRS AND MAINTENANCE. Lessee shall be responsible for damage to the demised premises resulting from Lessee's use of the premises, ordinary wear and tear excepted, and Lessee shall keep the demised premises in good and safe repair and condition at all times during the term thereof. Lessor shall be responsible for major items such as physical plant equipment and major malfunctions of said equipment and scheduled periodic cleaning of the grease trap. Lessee shall be responsible for all preventative type maintenance expenses, including carpet and upholstery cleaning and normal maintenance activity which under normal circumstances could be performed by a competent workman employed by the Lessee. Lessee shall also be responsible for simple repairs to said equipment that entail modest expense, however, all such repairs must be approved in advance by the Airport Manager, except in the case of emergency. Modest expense shall be deemed as those repairs costing less than $200.00 for parts and labor. Prior to April 1, 2007, Lessor shall cover all equipment repairs as needed and agreed to between Lessor and Lessee. It Lessee shall be responsible for cleaning restroom facilities during and after banquet/catering events at the airport facility and agrees to clean terminal building lobby area events in preparation for early morning air carrier service. Lessee shall also be responsible for damages to terminal area facilities resulting from improper conduct of its patrons purchasing alcoholic beverages at the restaurant. Lessee shall be responsible, at their sole expense, for proper disposal of all trash and other refuse, including waste oil, caused by its operations under this lease. 10. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations, additions, repairs, or replacements upon the leased premises without the prior written consent of Lessor. Such consent shall not be withheld without reasonable cause. All alterations, additions, repairs, replacements and improvements shall remain the property of Lessor and be surrendered with the leased premises as part thereof upon termination of this lease. 11. SIGNS. Lessee shall not construct, attach, affix or paint any sign, advertisement or notice on the exterior of the leased premises, including screens, awnings and shades without the prior written consent of the Lessor. Lessor agrees to work with the Lessee in facilitating a location upon which Lessee can erect and maintain a sign or signs, which will at a minimum, advertise the business of the Lessee. 12. COMPLIANCE WITH LAWS. Lessee covenants and agrees that it will comply with all the requirements of all laws regulating the use and occupancy of buildings in Cape Girardeau, Missouri, including full payment of the City Restaurant Tax, and that it will not create or permit any nuisance in or upon the leased premises to annoyance of neighboring properties, or permit / waste of the leased premises to occur, or allow the leased premises to be used for any illegal, 4' ) immoral or illegitimate purposes. 13.. UTILITIES. Lessee shall pay for all water, gas, electricity, and sewer, telephone or other utility charges associated with the leased premises during the term of this lease. 14. PUBLIC LIABILITY INSURANCE. Lessee agrees to indemnify, defend and hold harmless the Lessor from all claims, actions, suits, and demands because of any bodily injury, including death, and because of damages to property or losses which may arise out of or result from Lessee's operations or use of the demised premises whether such operations or use are by Lessee, its agents, employees or anyone directly or indirectly employed by Lessee. Lessee shall procure and maintain in effect for the term of this Agreement, liability insurance in an amount not less than $300,000.00 for one person and $2,000,000.00 for any one occurrence involving personal injury, death, or property damage. If, however, the State of Missouri raises the liability limits for municipalities contained in Section 537.600 et seq., Revised Statutes of Missouri, or elsewhere, Lessee shall increase its liability insurance to an amount equal to those new limits. On all policies of insurance referred to herein, Lessee shall have Lessor named as an additional insured. 15. INDEMNITY OF LESSOR. Lessee covenants to indemnify and hold lessor harmless against any and all claims arising from the conduct or management of or from any work or thing whatsoever done in or about proper authority during the term of this lease, or arising during said term from any act or negligence of the Lessee or any of its agents, contractors, employees, guests, voluntary help, or invitees, or arising out to any accident, injury, or damage whatsoever, however caused, to any person or persons, or to the property of any person, persons, corporation, or entity, occurring during the term of this lease, on in, or about the leased premises and from and against all costs, counsel fees, expenses, and liabilities incurred in any way as a result of any such claim or any action or proceeding brought against Lessor by reason of any such claim. Lessee, on notice from Lessor, shall resist or defend such action or proceeding by counsel satisfactory to Lessor. The foregoing indemnification shall survive termination of this lease. 16. LESSOR'S LIABILITY. Lessor shall not be liable to Lessee, its agents, contractors, employees, guests, voluntary help, or invitees for any injury or damage caused to any of said persons or their property by reason of water, rain, snow, ice, sleet, fire, storm, Act of God, accidents, or by breakage, stopping or leakage of water, gas heating, air-conditioning, sewer pipes, or plumbing on, about or adjacent to the leased premises, all of which said risks are assumed by Lessee. 17. TAXES. Lessor shall pay any real estate taxes on the leased premises. Lessee will be responsible only for such taxes as are assessed against Lessee's activity and on the equipment Lessee owns, and/or uses in the conduct of its activity. 18. DAMAGE OR DESTRUCTION OF PREMISES. If the leased premises or any improvements thereon become damaged in whole or in part by fire or other casualty through no fault of Lessee to such extent as Lessee determines said damage will interfere with or inconvenience it in its operations, Lessee may, upon 45 days written notice, forthwith terminate this lease, in which event Lessee shall have no further liability or obligation of its activity. If the leased premises or any improvements thereon become damaged in whole or in part as a result of Lessee's use or occupancy, Lessor shall repair such damage but at Lessee's expense, and if such damage is covered by Lessee's insurance, then the proceeds of such insurance shall be paid to Lessor to be applied to such restoration or repair, with any excess paid to, or deficiency paid by, Lessee as the case may be. 19. DEFAULT. If any default shall be made in Lessee's compliance with any term or provision of this lease agreement, then Lessor may at is sole option, upon 30 days written notice, forthwith terminate this lease. Upon such termination of this lease, Lessee shall peacefully surrender possession of the leased premises to Lessor, and all rights of Lessee to the leased premises shall cease and desist. 20. SURRENDER AT END OF TERM. On the last day of the lease term, whether or not accelerated, Lessee shall peaceably and quietly leave and surrender the leased premises to Lessor, including all improvements added by Lessee, if any, in as good condition as reasonable use and wear thereof will permit. 21. NOTICES. Any notice or demand provided for herein may be given to Lessor and Lessee to be served by personal service or by ordinary mail, postage prepaid, addresses to Lessor at: Office of the Airport Manager, Cape Girardeau Regional Airport, PO Box 617, Cape Girardeau, MO 63702-0617 and the Lessee at: Tina and John Plaskie, 386 Wills Dr., Jackson, MO 63755. Either party may designate in writing, a new address to which any such notice, demand, or communication shall thereafter be given. 22. WAIVERS. No waiver of any right to re-enter or terminate, by acceptance of rent or otherwise, shall waive any subsequent right to re-enter or terminate for subsequent breaches of any covenant, term or condition of this lease, nor shall any consent by Lessor to any assignment or ` ,� )pI subletting of the leased premises, or any part thereof, waive any of the covenants, terms or conditions of this lease relating to assignment or subletting. 23. CONDITION OF PREMISES. Lessee acknowledges that it has examined the leased premises prior to the execution of this lease agreement and knows of the condition thereof; that no representations as to the condition or state of repair thereof have been made by Lessor other than those expressed herein; and the Lessee accepts the leased premises in their condition at the beginning of the lease term. Lessor reserves the right for Airport Manager and/or Airport Operations Supervisor to inspect premises at any time and without notification. Such inspections will not be performed in a manner that will hinder or impede high impact times of daily operations. 24. DEFINITIONS. Whenever the words "Lessor" or "Lessee" are used herein, they shall be construed to include the successors and assigns in the parties, who shall also be bound by the terms of this lease agreement. 25. GOVERNING LAW. This agreement shall be governed by the law of the State of Missouri. 26. INCLUDED SERVICES. Lessor shall provide parking facilities for use by Lessee's employees and visitors/customers as in integral part of this lease. 27. FEDERAL ASSURANCES. Lessee will not, on the grounds of race, color, creed, or national origin, discriminate or permit discrimination against any person or group of persons in any manner prohibited by Part 21 of the Regulations of the Office of the Secretary of Transportation. Lessor reserves the right to take such action as the United States Government may direct to enforce this covenant. This lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States, relative to the operation or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958. In the event facilities are construed, maintained, or otherwise operated on the property described in this lease, for the purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the Lessee shall maintain and operate its facilities and services in compliance with all requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations now exist or as they may from time to time be amended. Lessee, himself, his personal representative, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no person on the grounds of race, color, creed, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the .grounds of race, color, creed, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (3) that the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of Department of Transportation, and as said Regulations now exist or as they may from time to time be amended. Lessee agrees to furnish service at a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service; PROVIDED, the Lessee may take reasonable and nondiscriminatory discounts, rebated, or other similar types of price reductions to volume purchases or as is from time to time allowed through various marketing devises. INWITNESS WHEREOF, the parties hereto have duly executed the foregoing agreement and the year first written. ATTEST: Gayle Conrad City Clerk LESSOR: CITY OF CAPE GIRARDEAU, MISSOURI Douglas K. Leslie City Manager LESSEE: TINA fA JOHN PLASKIE ' 1 e � 1 By: ' ma Plask M CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 13 Agenda January 08, 2006 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Resolution Authorizing the City Manager to Enter into Amendment No. 4, Agreement for Professional Services, S.H. Smith & Co. Inc. for extension of services for the Cape North Park Trail. Dear Mayor and Council Members: On March 20, 2006 Council passed a resolution authorizing the City Manager to enter into a Master Services Agreement with Smith & Co., Inc. for engineering services for upcoming transportation and environmental projects. The purpose of this agreement was to "set the general contract provisions between the consultant and the City and provide for specific project scopes and costs to be negotiated as amendments to the contract". Amendment No. 4 shall be for the purpose of providing surveying and engineering services to the City for the planning, design, and construction inspection of the Cape North Park Trail. This will be funded by the Transportation Enhancement Program and will be coordinated through the Missouri Department of Transportation. This proj ect will consist of an eight (8) foot wide walk trail to connect the Cape LaCroix recreational trail to the Missouri Department of Conservation nature trail located in the North Cape Girardeau County park complex. The cost for design services shall not exceed twenty-five thousand four hundred dollars ($25,400.00) and the cost for construction services shall not exceed thirteen thousand two hundred ten dollars ($13,210.00). It is recommended that the City Council. authorize the City Manager to enter into Amendment No.4 with S.H. Smith & Co. Respectfully submitted, Jay Stencel, P.E. City Engineer N Douglas K. Leslie City Manager JKR/DKL/ka BILL NO. 07-13 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 4 TO THE MASTER SERVICES AGREEMENT WITH S. H. SMITH & COMPANY, INC., FOR THE CAPE NORTH PARK TRAIL PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI 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. 4 to the Master Services Agreement with S. H. Smith & Company, Inc., for the Cape North Park Trail Project, in the City of Cape Girardeau, Missouri. A copy of said Amendment is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 20 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk Amendment to Agreement between S.H. Smith&Co. and the City of cape Girardeau, Missouri Agreement effective as of March 22, 2006 SPONSOR: City of Cane Girardeau CART ROAD NO./STREET: North'Park Trail PROJECT: STP -_ 1500 (0141 AMENDMENT NO.4 for NORTH PARK TRAIL THIS SUPPLEMENTARY AGREMENT amends the General Services Contract for engineering services between The City of Cape Girardeau, Missouri, hereinafter referred to as the "Local Agency", and S.H. Smith & Company, Inc., hereinafter referred to as the "Engineer". Except as modified hereafter, all articles and provisions of the original contract shall remain in full force and effect. INASMUCH as funds have been made available by the Federal Highway Administrationthrough its Transportation Enhancement Program, coordinated through the Missartment s ouri Dep Transportation, the Local Agency intends to construct Cape North Park Trail project between the existing Cape LaCroix Trail and North Cape County ark and requires professional engineering services. The Engineer will provide the Local Agency with professional services hereinafter detailed for the planning, design and construction inspection of the desired improvements and the Local Agency will pay the Engineer as provided in this contract. It is mutually agreed as follows: ARTICLE I - SCOPE OF SERVICES A. DESIGN PHASE -_ The Engineer will: I. determine the needs of the Local Agency for the project; 2. conduct supplemental topographic, property and utility surveys sufficient to complete existing surveys and develop plans for the project; 3. arrange for subsurface investigations if needed; 4. conduct hydraulic studies, prepare alternative designs and cost estimates, develop preliminary plans, and recommend to the Local Agency the best overall general design based on these studies; 5. submit four copies of preliminary pians, estimates and studies for review by the Local Agency and Missouri Department of Transportation (MoDOT); 6. prepare detailed construction plans, cost estimates, specifications and related documents as necessary for the purpose of soliciting bids for constructing the project. Provision will be made in the contract documents for that portion of the work that will be performed by Local Agency's forces; Amendment to Agreement between S.H. Smith&Co. and the City of Cape Girardeau, Missouri Agreement effective as of March 22, 2006 Amendment No. 4 8. ensure compliance with water quality requirements by coordinating with the Missouri Department of Natural Resources and the U.S. Army Corps of Engineers and also insure compliance with the requirements of the Federal Emergency Management Agency (FEMA); 9. ensure compliance with historic preservation requirements through coordination with the Missouri Department of Natural Resources, and if deemed necessary, arrange to have the site examined by a qualified archaeologist on a subcontract basis; 10. ensure compliance with all regulations in regards to noise abatement and air quality, if necessary; and 11. provide the Local Agency with five sets of completed plans, specifications and/cost estimates for the purpose of obtaining construction authorization from the Missouri Department of Transportation. B. BIDDING PHASE - The Engineer will: 1. upon receipt of construction authorization from MoDOT, make final corrections resulting from reviews by agencies involved, and provide an adequate number of plans, specifications, and bid documents to the Local Agency; 2. provide the Local Agency with a list of qualified area bidders and assist Local Agency in advertising for bids; and assist the Local Agency in evaluating bids and requesting concurrence in award from MoDOT; C. CONSTRUCTION PHASE - The Engineer will serve as the Local Agency's representative for administering the terms of the construction contract between Local Agency and their Contractor. Engineer will endeavor to protect the Local Agency against defects and deficiencies in workmanship and materials in work by the Contractor. However, the furnishing of such project representation will not make Engineer responsible for the construction methods and procedures used by the Contractor or for the Contractor's failure to perform work in accordance with the contract documents. Engineer's services will include more specifically as follows: 1. assist the Local Agency with a preconstruction conference to discuss project details with the Contractor; 2. make periodic site visits to observe the Contractor's progress and quality of work, and to determine if the work conforms to the contract documents. It is contemplated that survey staking and layout will be accomplished by the contractor's forces. The -2- Revised 01-01-06/Mod 08-23-06 W Amendment to Agreement between S.H. Smith&Co. and the City of Cape Girardeau, Missouri Agreement effective as of March 22, 2006 Amendment No. 4 Engineer will accompany MoDOT and FHWA representatives on visits of the project site as requested; 3. check shop drawings and review schedules and drawings submitted by the Contractor; 4. reject work not conforming to the project documents; 5. Prepare change orders for issuance by the Local Agency as necessary and assure that proper approvals are made prior to work being performed; 6. review wage rates, postings, equal employment opportunity and other related items called for in the contract documents; 7. inspect materials, review material certifications furnished by Contractor, sample concrete and other materials as required, and arrange for laboratory testing of samples by others on a subcontract basis. Independent assurance samples and tests will be performed by MoDOT personnel and such sampling and testing is excluded from the work to be performed by the Engineer under this contract; 8. THE CITY WILL perform daily inspections, maintain progress diary and other project records, measure and document quantities, and prepare monthly estimates for payments due the Contractor; 9. be present during critical construction operations, including but not limited to the following: a. Trail layout; b. pedestrian bridge construction; C. placement of base rock; d. placement of surfacing materials; and 10. participate in final inspection, provide the Local Agency with project documentation (diaries, test results, certifications, etc.), and provide as -built plans for the Local Agency's records. ARTICLE II -ADDITIONAL SERVICES The Local Agency reserves the right to request additional work, and changed or unforeseen conditions may require changes and work beyond the scope of this contract. In this event, a supplement to this agreement shall be executed and submitted for the approval of MoDOT prior to performing the additional or changed work or incurring any additional cost thereof. Any change in compensation will be covered in the supplement. ARTICLE III - RESPONSIBILITIES OF LOCAL AGENCY -3- Revised 01-01-06/Mod 08-23-06 Amendment to Agreement between S.H. Smith&Co. and the City of Cape Girardeau, Missouri Agreement effective as of March 22, 2006 Amendment No. 4 The Local Agency will cooperate fully with the Engineer in the development of the project, including the following: A. make available all information pertaining to the project which may be in the possession of the Local Agency; B. provide the Engineer with the Local Agency's requirements for the project; C. make provisions for the Engineer to enter upon property at the project site for the performance of his duties; D. examine all studies and layouts developed by the Engineer, obtain reviews by MoDOT, and render decisions thereon in a prompt manner so as not to delay the Engineer; E. designate a person in the Local Agency's employ to act as Local Agency's representative under this contract, such person to have authority to transmit instructions, interpret the Local Agency's policies and render decisions with respect to matters covered by this agreement; F. perform appraisals and appraisal review, negotiate with property owners and otherwise provide all services in connection with acquiring all right-of-way needed to construct this project; and G. furnish an inspector to observe the contractor's day-to-day operations. ARTICLE IV - PERIOD OF SERVICE The Engineer will commence work within two weeks after receiving notice to proceed from the Local Agency. The general phases of work will be completed in accordance with the following schedule: A. Preliminary Design Phase - Within 45 calendar days after receipt of notice to proceed; B. Final Design Phase - With 120 calendar days after completion of review of preliminary plans by Local Agency and MoDOT; and C. Construction Phase - As desired by the Local Agency and on a schedule so as not to delay the Contractor. All services under this contract will be completed 30 days after final acceptance of construction work. The above times are exclusive of review. time by other agencies and exclusive of time needed to acquire right-of-way. The Local Agency will grant time extensions for unavoidable delays beyond the control of the Engineer. Requests for extensions of time should be requested in writing by the Engineer, stating fully the reasons for the request. ARTICLE V - STANDARDS -4- Revised 01-01-06/Mod 08-23-06 Amendment to Agreement between S.H. Smith&Co. and the City of Cape Girardeau, Missouri Agreement effective as of March 22, 2006 Amendment No. 4 The Engineer shall be responsible for working with the Local Agency in determining the appropriate design parameters and construction specifications for the project using good engineering judgment based on the specific site conditions, Local Agency needs, and guidance provided in the most current version of Section VIII of the Local Public Agency Manual. If the project is on MoDOT Right of Way, then the latest version of PDM and Missouri Standard Specifications for Highway Construction shall be used. ARTICLE VI - COMPENSATION For services provided under this contract, the Local Agency will compensate the Engineer as follows: A. For design services, including work through the construction contract award stage, the Local Agency will pay the Engineer the actual costs incurred plus a predetermined fixed fee of $3,230.00. with a ceiling established for said design services in the amount of $25,400, which amount shall not be exceeded. B. For construction inspection services, the Local Agency will pay the Engineer the actual costs incurred plus a predetermined fixed fee of $1,593.00, with a ceiling established for said inspection services in the amount of $13,210.00, which amount shall not be exceeded. C. The compensation outlined above has been derived from estimates of cost which are detailed in Attachment A. Any major changes in work, extra work, exceeding of the contract ceiling, or change in the predetermined fixed fee will require a supplement to this contract, as covered in Article 11- ADDITIONAL SERVICES. D. Actual costs in Sections A and B above are defined as: 1. Actual payroll salaries paid to employees for time that they are productively engaged in work covered by this contract, plus 2. An amount estimated at 35.39% of actual salaries in Item 1 above for payroll additives, including payroll taxes, holiday and vacation pay, sick leave pay, insurance benefits, retirement and incentive pay, plus 3. An amount estimated at 139.80% of actual salaries in Item 1 above for general administrative overhead, based on the Engineer's system for allocating indirect costs in accordance with sound accounting principles and business practice, plus -5- Revised 01-01-06/Mod 08-23-06 Amendment to Agreement between S.H. Smith&Co. and the City of Cape Girardeau, Missouri Agreement effective as of March 22, 2006 Amendment No. 4 4. Other costs directly attributable to the project but not included in the above overhead, such as vehicle mileage, meals and lodging, printing, surveying expendables, and computer time, plus 5. Project costs incurred by others on a subcontract basis, said costs to be passed through the Engineer on the basis of reasonable and actual cost as invoiced by the subcontractors. E. The rates shown for additives and overhead in Sections VI. D.2 and VI. D.3 above are approximate and will be used for interim billing purposes. Final payment will be based on the actual rates experienced during the period of performance, as indicated by the Engineer's accounting records, and as determined by final audit of the Engineer's records by MoDOT. F. The payment of costs under this contract will be limited to costs which are allowable under 23 CFR 112 and 48 CFR 31. G. METHOD OF PAYMENT - Partial payments for work satisfactorily completed will be made to the Engineer upon receipt of itemized invoices by the Local Agency. Invoices will be submitted no more frequently than one invoice per month. A pro -rated portion of the fixed fee will be paid with each invoice. H. PROPERTY ACCOUNTABILITY - If it becomes necessary to acquire any specialized equipment for the performance of this contract, appropriate credit will be given for any residual value of said equipment after completion of usage of the equipment. ARTICLE VII - COVENANT AGAINST CONTINGENT FEES The Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Engineer, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the Local Agency shall have the right to annul this agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, plus reasonable attorney's fees. ARTICLE VIII - SUBLETTING, ASSIGNMENT OR TRANSFER No portion of the work covered by this contract, except as provided herein, shall be sublet or transferred without the written consent of the Local Agency. The subletting of the work shall in no way relieve the Engineer of his primary responsibility for the quality and performance of the work. It is the intention of the Engineer to engage subcontractors for the purposes of: Archeological studies as needed. Revised 01-01-06/Mod 08-23-06 Amendment to Agreement between S.H. Smith&Co. and the City of Cape Girardeau, Missouri Agreement effective as of March 22, 2006 Amendment No. 4 ARTICLE IX - PROFESSIONAL ENDORSEMENT All plans, specifications and other documents shall be endorsed by the Engineer and shall reflect the name and seal of the Professional Engineer endorsing the work. By signing and sealing the PS&E submittals the Engineer of Record will be representing to MoDOT that the design is meeting the intent of the federal aid programs. ARTICLE X - RETENTION OF RECORDS The Engineer shall maintain all records, survey notes, design documents, cost and accounting records, construction records and other records pertaining to this contract and to the project covered by this contract, for a period of not less than three years following final payment by FHWA. Said records shall be made available for inspection by authorized representatives of the Local Agency, MoDOT or the federal government during regular working hours at the Engineer's place of business. ARTICLE XI - OWNERSHIP OF DOCUMENTS Plans, tracings, maps and specifications prepared under this contract shall be delivered to and become the property of the Local Agency upon termination orcompletion of work. Basic survey notes, design computations and other data prepared under this contract shall be made available to the Local Agency upon request. All such information produced under this contract shall be available for use by the Local Agency without restriction or limitation on its use. If the Local Agency incorporates any portion of the work into a project other than that for which it was performed, the Local Agency shall save the Engineer harmless from any claims and liabilities resulting from such use. ARTICLE XII - TERMINATION The Local Agency may terminate the contract at any time by giving written notice. If the contract is terminated because the project is abandoned or os paid for actual expenses incurred up to the date of t�erminationed by �e Local Agency, the Engineer will be fee. - n, plus apro-rated portion of the fixed If the contract is terminated due to the Engineer's services being unsatisfactory. Local Agency, or if the Engineer fails to prosecute the work with due diligence,the Locale Agenof cy may procure completion of the work in such manner as it deems to be in the best interest of the Local Agency. The Engineer will be responsible for any excess cost in addition to that provided for in this contract or any damages the Local Agency may sustain by reason of the termination of this contract due to unsatisfactory performances or prosecution. ARTICLE XIII - DECISIONS UNDER THIS CONTRACT The Local Agency will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The Local Agency's decision shall be final and conclusive. -7- Revised 01-01-06/Mod 08-23-06 Amendment to Agreement between S.H. Smith&Co. and the City -of Cape Girardeau, Missouri Agreement effective as of March 22, 2006 Amendment No. 4 ARTICLE XIV - SUCCESSORS AND ASSIGNS The Local Agency and the Engineer agree that this contract and all contracts entered into under the provisions of this contract shall be binding upon the parties hereto and their successors and assigns. ARTICLE XV - COMPLIANCE WITH LAWS The Engineer shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964 and non-discrimination clauses incorporated herein, and shall procure all licenses and permits necessary for the fulfillment of obligations under this contract. ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY The Engineer agrees to save harmless the Local Agency, MoDOT and FHWA from all claims and liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors. ARTICLE XVII - NONDISCRIMINATION The Engineer, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors. The Engineer will comply with Title VI of the Civil Rights Act of 1964, as amended. More specifically, the Engineer will comply with the regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation, as contained in 49 CFR 21 through Appendix H and 23 CFR 710.405 which are herein incorporated by reference and made a part of this contract. In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Engineer's obligations under this contract and the regulations relative to non-discrimination on the ground of color, race or national origin. ARTICLE XIX - ATTACHMENTS The following exhibits are attached hereto and are hereby made part of this contract: Attachment A - Estimate of Cost Attachment B - Breakdown of Overhead Rates Attachment C - Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions. Attachment D - Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Lower Tier Covered Transactions. -8- Revised 01-01-06/Mod 08-23-06 Amendment to Agreement between S.H. Smith&Co. and the City of Cape Girardeau, Missouri Agreement effective as of March 22, 2006 Executed by the Engineer this24& day 20C(. Executed by the City this day of 20—. FOR: CITY OF CAPE GIRARDEAU, MISSOURI Local Public Agency BY: - City Manager ATTEST: City Clerk FOR: S.H. SMITH & COMPANY, INC. BY ATTEST: Amendment No. 4 I hereby certify under Section 50.660 RSMo there is either: (1) a balance of funds, otherwise unencumbered, to the credit of the appropriation to which the obligation contained herein is chargeable, and a cash balance otherwise unencumbered, in the Treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation contained herein; or (2) bonds or taxes have been authorized by vote of the people and there is a sufficient unencumbered amount of the bonds yet to be sold or of the taxes levied and yet to be collected to meet the obligation in case there is not a sufficient unencumbered cash balance in the treasury. CITY ACCOUNTING OFFICER n Revised 01-01-06/Mod 08-23-06 c:w< [DESIGN] 0 Attachment A rev08222008 -CAPE NORTH PARK TRAIL ATTACHMENT A -1 ENGINEERING SERVICES - ESTIMATE OF COST DESIGN PHASE MoDOT JOB NO: STP - 1500(014) PROJECT NAME: North Park Trail LOCATION: Cape Girardeau, Missouri CLIENT: City of Cape Girardeau DATE: December 29, 2006 DIRECT LABOR COSTS ESTIMATED HOURLY ESTIMATED LABOR CATEGORY HOURS RATE COST TOTALS ENGINEER 9 4 $43.27 $173.08 ENGINEER 8 8 $34.62 $276.96 ENGINEER 7 36 $31.73 $1,142.31 ENGINEER 5 _ 24 $25.00 $600.00 ENGINEER 4 $21.78 $0.00 ENGINEER 3 110 $19.23 $2,115.38 ENGINEER 2 20 $17.48 $349.60 ENGINEER 1 $15.87 $0.00 ENG TECH 2 (DRAFTER/DESIGNER) $16.83 $0.00 ENG TECH 1 (DRAFTER) 120 $14.98 $1,797.60 TECHNICIAN 2 $11.68 $0.00 REGISTERED LAND SURVEYOR 2 4 $24.00 $96.00 REGISTERED LAND SURVEYOR 1 16 $20.00 $320.00 SURVEY PARTY CHIEF 32 $16.25 $520.00 SURVEY TECHNICIAN 2 32 $11.63 $372.16 SECRETARY 2 4 $10.00 $40.00 DIRECT LABOR SUBTOTAL $7,824.72 OVERHEAD COSTS ESTIMATED PAYROLL ADDITIVES: 35.39% $2,769.17 ESTIMATED GENERAL AND ADMIN. OVERHEAD: 139.80% $10,938.96 TOTAL LABOR & OVERHEAD $21,532.85 FEKED FEE 15% x IRECT LABOR & OVERHEAD) 15% $3,230.00 OTHER DIRECT COSTS TRANSPORTATION 800 $0.44 $320.00 POSTAGE, TELEPHONE, MISC. $400.00 SUBCONSULTANT PASS-THROUGH COST GEOTECHNICAL INVESTIGATION $0.00 ARCHEOLOGICAL INVESTIGATION $0.00 TOTAL OTHER DIRECT COSTS $720.00 TOTAL FOR DESIGN PHASE $25,482.85 icuments and Settings\paulr\Local Settings\Temporary Intemet Files10LK7331M DOT [DESIGN] 0 Attachment A rev08222008 -CAPE NORTH PARK TRAIL ATTACHMENT A - 2 ENGINEERING SERVICES - ESTIMATE OF COST CONSTRUCTION PHASE MoDOT JOB NO:. STP - 1500(014) PROJECT NAME: North Park Trail LOCATION: Cape Girardeau, Missouri CLIENT: City of Cape Girardeau DATE: December 29, 2006 ECT LABOR COSTS DIRECT LABOR SUBTOTAL OVERHEAD COSTS ESTIMATED PAYROLL ADDITIVES: 35.39% ESTIMATED GENERAL AND ADMIN. OVERHEAD: 139.80% TOTAL LABOR & OVERHEAD FEE 15% x (DIRECT LABOR & OVERHEAD) 15% OTHER DIRECT COSTS TRANSPORTATION 2000 $0.44 POSTAGE AND TELEPHONE SUBCONSULTANT PASS-THROUGH COST GEOTECHNICAL INVESTIGATION ARCHEOLOGICAL INVESTIGATION TOTAL OTHER DIRECT COSTS $800.00 $200.00 $0.00 $0.00 $1,365.69 $5,394.85 $1 TOTAL FOR CONSTRUCTION PHASE $13,212.51 C:\Documents and Settings\chrisl ft Documents\001 - PROPOSALS\MoDOT Attachment A.rev08222006 -CAPE NORTH PARK TRAIL.REV1 [CONSTRUCTION] ESTIMATED HOURLY ESTIMATED LABOR CATEGORY HOURS RATE COST ENGINEER 9 4 $43.27 $173.08 ENGINEER 8 $34.62 $0.00 ENGINEER 7 20 $31.73 $634.62 ENGINEER 4 40 $21.78 $871.20 ENGINEER 2 16 $17.48 $279.68 ENGINEER 1 $15.87 $0.00 ENG TECH 4 (SR. CONSTRUCTION INS: 40 $21.63 $865.20 ENG TECH 1 (DRAFTER) 40 $14.98 $599.20 REGISTERED LAND SURVEYOR 2 4 $24.00 $96.00 SURVEY PARTY CHIEF 16 $16.25 $260.00 SURVEY TECHNICIAN 2 0 $11.63 $0.00 SECRETARY 2 8 $10.00 $80.00 SECRETARY 1 $8.50 $0.00 DIRECT LABOR SUBTOTAL OVERHEAD COSTS ESTIMATED PAYROLL ADDITIVES: 35.39% ESTIMATED GENERAL AND ADMIN. OVERHEAD: 139.80% TOTAL LABOR & OVERHEAD FEE 15% x (DIRECT LABOR & OVERHEAD) 15% OTHER DIRECT COSTS TRANSPORTATION 2000 $0.44 POSTAGE AND TELEPHONE SUBCONSULTANT PASS-THROUGH COST GEOTECHNICAL INVESTIGATION ARCHEOLOGICAL INVESTIGATION TOTAL OTHER DIRECT COSTS $800.00 $200.00 $0.00 $0.00 $1,365.69 $5,394.85 $1 TOTAL FOR CONSTRUCTION PHASE $13,212.51 C:\Documents and Settings\chrisl ft Documents\001 - PROPOSALS\MoDOT Attachment A.rev08222006 -CAPE NORTH PARK TRAIL.REV1 [CONSTRUCTION] EXHIBIT 2 S.H. SMITH & COMPANY, INC. (SMITH&CO.) OVERHEAD SCHEDULE COMPANY ADJUSTMENTS DESCRIPTION ACTUAL (UNALLOWABLE) ALLOWABLE PERCENT PRODUCTIVE SALARIES $ 842,175 $ 842,175 PAYROLL ADDITIVES Payroll Taxes $ 120,624 $ 120,624 14.32% Vacation $ 100,578 $ 100,578 11.94% Sick $ 24,038 $ 24,038 2.85% Holiday $ 38,172 $ 38,172 4.53% Funeral $ 1,478 $ 1,478 0.18% Insurance $ 13,155 $ 13,155 1.56% 35.39% GENERAL AND ADMINISTRATIVE Indirect Labor $ 666,012 $ 666,012 79.08% Equipment Leases "Rent $ 46 $ 46 0.01% $ 6,446 $ 6,446 0.77% Repairs $ 22,253 $ 22,253 2.64% Interest $ 39,741 $ (39,741) $ - 0.00% Taxes & Licenses $ 15,016 $ 15,016 1.78% Depreciation $ 226,462 $ 226,462 26.89% Business promotion $ 12,954 $ (12,954) $ - 0.00% Professional Fees $ 15,871 $ (550) $ 15,321 1.82% Vehichle Expenses $ 14,376 $ 14,376 1.71% Dues & Publications $ 4,143 $ 4,143 0.49% Charitable contributions $ 493 $ (493) $ - 0.00% Bank charges $ 704 $ 704 0.08% Freight & express $ 138 $ 138 0.02% Utilities Insurance $ $ 14,420 123,907 $ 14,420 1.71% Supplies & postage $ 43,136 $ $ (8,260) (1,515) $ $ 115,647 41,621 13.73% Outside Services $ 346 $ 4.94% Miscellaneous $ 7,713 $ (4,703) $ 346 3,010 0.04% 0.36% Travel & Meetings $ 7,262 $ (998) $ 6,264 0.74% Telephone $ 35,750 $ (1,245) $ 34,505 4.10% Gain on sale of assets $ - $ (9,342) $ (9,342) -1.11% TOTAL G&A = $ 1,257,189 $ (79,801) $ 1,177,388 139 80% TOTAL OVERHEAD $ 1,555,234 $ (79,801) $ 1,475,433 175.19% Notes: 1.) Audit dated September 2, 2004. Report No. OH -0407, Missouri Department of Transportation, Audits and Investigations Unit. 2.) Overhead factors based on calendar year ending December 31, 2003. -12- Revised 01-01-06/Mod 08-23-06 09 ATTACHMENT C SCERTIFICATION REGARDING DEBARMENT, USPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1 By signing and submitting this proposal, the prospective primary participant is Providing certification set out below. p mg the 2. The inability of a person to provide the certification required below will not necessaril result in denial of participation in -thus covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospectiverim to furnish a certification or an explanation shall dis pY participant this transaction. qualify such person from participation in 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. S• The terms "covered transaction,,, " �� itsuspended," ,,.in n, debarred, suspended, eligible," "lower tier covered transaction," "participant, "person," "Primary covered transaction," "principal," "Proposal," and "voluntarily excluded," "proposal" and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal th, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. -13- Revised 01-01-06/Mod 08-23-06 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility anN- Voluntary Exclusion --Lower Tier Covered Transaction provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective Participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility its principals. Nonprocurement List (Tel. #). Each participant may, but is not required to check the 9• Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default: Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions maty 1 • The prospective primary participant certifies to the best of its 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 civil judgment 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, forgery, bribery, alse statements, or receiving stolen falsification or destruction of records, making f property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and -14- Revised 01-01-06/Mod 08-23-06 d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. -15- Revised 01-01-06/Mod 08-23-06 ATTACHMENT D CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION --LOWER TIER COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal. Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "Person," " „ „ primary covered transaction, principal, proposal,„ and "voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant farther agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Tel. #). -16- Revised 01-01-06/Mod 08-23-06 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a 'participant is not required to exceed that which normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION --LOWER TIER COVERED TRANSACTIONS 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. -17- Revised 01-01-06/Mod 08-23-06 A 0 CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 14 Agenda January 8, 2007 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Appointment to the Airport Advisory Board Dear Mayor and Council Members: Ms. Tina Plaskie has resigned her position on the Airport Advisory Board. She was serving a term . set to expire on April 30, 2009. A copy of the advisory board roster is attached for your information. According to Section 4-2 of the City Code, "two members of the airport boardmay be residents of Cape Girardeau, Scott, Bollinger or Perry County. The remaining members must be residents of the City of Cape Girardeau." Presently only one member on the Board does not live within the city limits, so one non- resident on resident is eligible for the board. Mr. Fred Eggley has expressed interest in serving on the board, and his board member summary sheet is attached. It is recommended that one appointment be made to the Airport Advisory Board for a term expiring April 30, 2009. If you need any further information, please contact this office. Respectfully submitted, !, r S1 Gayle L C ad City Clerk Douglas K. Leslie City Manager A CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees December 4, 2006 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive terms effective with terms commencing January 8, 1996. Airport Board Serve three year terms, appointed by Council. *Two members may be residents of Cape Girardeau, Scott, Bollinger or Perry Counties. Meetings held second Tuesday at 5:00 p.m. at the Mac's Smokehouse Airport Restaurant at the Cape Girardeau Regional Airport. A council member may serve as liaison. Staff contact - Airport Manager. go Date Appointed Date Reappointed Term Expires James Fred Waltz November 1, 2004 --- April 30, 2007 Walt Wildman August 7, 2006 --- April 30, 2007 Rick Hetzel November 7, 2005 --- April 30, 2007 William Jerry Keene, III April 19, 1999 9/17/01; 5/6/02; 4/18/05 April 30, 2008 William J. Dunn May 20, 2002 4/18/05 April 30, 2008 Kee Park * April 21, 2003 l l/1/04; 4/18/05 April 30, 2008 Robert Rollins April 17, 2006 --- April 30, 2009 Bo Shantz November 8, 2002 4/17/06 April 30, 2009 vacant (Plaskie) --- --- April 30, 2009 Serve three year terms, appointed by Council. *Two members may be residents of Cape Girardeau, Scott, Bollinger or Perry Counties. Meetings held second Tuesday at 5:00 p.m. at the Mac's Smokehouse Airport Restaurant at the Cape Girardeau Regional Airport. A council member may serve as liaison. Staff contact - Airport Manager. go CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name 61'4 1 Telephone: Day 5 7 3- 3 3S1 - 3� 59 o Home Address 2. D�''�i Evening S� ?3 v 33-S- 3;; -�r-Z> E-mail Address NO 0- Year Current Residence in Cape Girardeau Began/'? 73 Current Employer and Position /` D W t-� -S o �C� Se I P'11S 8- /\//,f-S Previous Employers and Positions AR10.e ; tt­� — �d`rrc Pia v •� rf'y7 In which Board(s) are you interested? !!:W V/ 5 0411 X 0 e/F D Special Qualifications for specific board(s) (include past board service) ?�l d�¢/ �� �� L T "'2 U yr �G 4rh R u /educational Background 'btu'% Community Activities (Include offices held and committee service) rld G� Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly �_ Anytime B. Morning Noon Afternoon Evening Anytime Would you like to receive news from the City via e-mail? J0 Yes D No By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Date -7—// - a ** Bodrd Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. LIQUOR n I LICENSES City of Cape Girardeau 401 INDEPENDENCE PO BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-334-5865 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) TEMPORARY CHANGE IN TYPE OF LIC. NEW RENEWAL CHANGE IN MANAGING OFFICER Date Submitted: 12-13-06 Current License No.: N/A TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from TINA M. PLASKIE, d/b/a THE DROP ZONE located at 860 RUSH LIMBAUGH JR. MEMORIAL DRIVE (AIRPORT) for a RETAIL LIQUOR BY THE DRINK & SUNDAY SALES license. Contact number is 204-7236. Please complete inspection a�O\ ' and return to Customer Service. Referred to Police Department 12-13-06 Referred to City Inspector 12-13-06 Referred to Fire Inspector 12-13-06 Notice (sign) given to Applicant: 12-15-06 for Council Meeting on 1-8-06 The Police Department and City Inspectors have completed their assigned review, with co of ments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER APPROVED DISAPPROVED DATE COMMENTS POLICE DEPARTMENT i/ I O� �� ^ U� �CL Mu CITY INSPECTOR HEALTH INSPECTOR / (/ I alo l) 1 Q_ 0-U td FIRE INSPECTOR I� I41av %ac &&chRA The Police Department and City Inspectors have completed their assigned review, with co of ments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER 3 Applicant: City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW THE DROP ZONE Managing Officer TINA M. PLASKIE Business Address 860 RUSH LIMBAUGH JR. MEMORIAL DRIVE (AIRPORT) Type of Liquor License RETAIL LIQUOR BY THE DRINK & SUNDAY SALES Type of license in last 6 months: N/A Approval of Applicant by Police Department: Date Signature_ Inspection Personnel: l Zoning Classification — 1 The applicael is is not) required to post the notice required under, Sec. 5-33-a. The applicant has has not) posted for 10 days the notice required under Sec. 5-33-1-a This structure (is, ' 7�0within 200 feet of a church or school building or resident. Sec. 5-6 Z�.� This struc w7 a (is is not) zoned correctly as Date /lam �C Si e i 30 (4) of the City Code of Ordinances. This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEAU POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITY REPORT NAME OFBUSIAW: BUSINESSADDRESS: MANAGING OFFICER: DATE OFREVIEW.• The Drop Zone 860 Rush Limbaugh Jr. Memorial Drive Tina M. Plaskle January 3, 2007 SUMMARY OFACTIVITIES EFFECTING TILE ESTABLISHMENT: There is no criminal history on record for Ms. Plaskie. The enclosed application is for anew license for Retail Liquor by the brink and Sunday Sales at this location. There were no incidents that required police intervention at the above location within the past twelve months. n �- �Vv n Lieu Jack Wimp, Auxiliary Services Division CGPD Form #112 iz/Z(/Zuvb 15:15 FAX 57 33355909 City of Cape Girardeau 401 INOEYENDENCE PD6oX617 CME GIRMSAU MO 63702 PN; 515-334-1102 FAX 573-30.51105 IA 002/002 INSPECTION FORM POR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) TEMPORARY CHANG9 IN TYPE OF ,LIC. NTW RENEWAL. C1[ANGE IN MANACLING OFFICER Data Submitted: 12-13.06 Current Liewsm No.: N/A TO: POLICE DEPARTMENT AND INSPECTORS I havereceived 6n application *om TWA M. P'LASKMI d/b/A THE DROP ZONE located at 860 RUSH L AUGH 3.R. MEMORIAL DRTY1 (AIRPORT) for a RETAIL LIQUOR BY THE DRIWK & SUND" SALES license, Contact number in 144-7236, Plena cornpleto inepcctiou and return to Custommr Services Referred to Police Dopaftent 12-13-Q6 Referred to City Inspector 12-:3-06 Rafmad to Fixe Inspector 12-13-06 Notice (sign) given to Applicant: 12-15-06 for Council Meeting an 1-8-06 The Polito Department and City Impeetm have completed their aseigned ravlew, with 00nurtents as noted above. The 1lowsei Is hereby authorised to be issued, 1 A DATE CITY MANAG R n�, k V f' r City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-334-5865 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) TEMPORARY CHANGE IN TYPE OF LIC. NEW RENEWAL CHANGE IN MANAGING OFFICER Date Submitted: 12-27-06 Current License No.: N/A TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from ERIKA AMACKER, d/b/a 8 SECONDS located at 1000 N. SPRIGG ST. for a RETAIL LIQUOR BY THE DRINK license. Contact number is 579-0920. Please complete inspection and return to Customer Service. Referred to Police Department 12-27-06 Referred to City Inspector 12-27-06 Referred to Fire Inspector 12-27-06 Notice (sign) given to Applicant: 12-28-06 for Council Meeting on 1-8-06 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 la -v APPROVED DISAPPROVED DATE COMMENTS POLICE / */o-7 DEPARTMENT Y fd�-L oAcLcho pL CITY 1-2--o-7 INSPECTOR HEALTH INSPECTOR FIRE INSPECTOR The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER la -v City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant: 8 SECONDS Managing Officer ERIKA AMACKER Business Address 1000 N. SPRIGG ST. Type of Liquor License RETAIL LIQUOR BY THE DRINK Type of license in last 6 months: 5% BEER BY THE DRINK Approval of Applicant by Police Department: Date Inspection Personnel: Signature Zoning Classification _C7�_( The applicant is is not) required to post the notice required under, Sec. 5-33-a. The applic (has has not) posted for 10 days the notice required under Sec. 5-33-1-a This structure is not) within 200 feet of a church or school building or resident. Sec. 5-6 This structure . is not) zoned co 30 (4) of th ity Code of Ordinances. Date This liquor license was conditionally approved by the City Council at their meeting on Applicant: Managing Officer Business Address City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW 8 SECONDS ERIKA AMACKER 1000 N. SPRIGG ST. Type of Liquor License RETAIL LIQUOR BY THE DRINK Type of license in last 6 months: 5% BEER BY THE DRINK Approval of Applicant by Police Depar ent: Date 112,10-7 Signature Inspection Personnel: Zoning Classification The applicant (is, is not) required to post the notice required under, Sec. 5-33-a. The applicant (has, has not) posted for 10 days the notice required under Sec. 5-33-1-a This structure (is, is not) within 200 feet of a church or school building or resident. Sec. 5-6 This structure (is, is not) zoned correctly as required under Chapter 30 (4) of the City Code of Ordinances. Date Signature This liquor license was conditionally approved by the City Council at their meeting on W CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITY REPORT NAME OFBUSINESS: BUSINESSADDRESS: MANAGING OFFICER: DATE OFREVIE W.• 8 Seconds 1000 N. Sprgg Erika Amacker January 2, 2007 SUMMMYOFACTMTIES EFFECTING THE ESTABLISHMENT.• There is no criminal history on record for Mrs. Amacker. The enclosed application is for a new license for retail liquor by the drink at this location. There were no incidents that required police intervention at the above location within the past twelve months. Lieuienwk Jack Wunp, Auxiliary Services Division CGPD Form #112 �o w CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 15 Agenda January 8, 2007 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Subject: Accept Improvements and Authorize the Final Payment to the Contractor for the Alma Schrader and Parkview Sidewalks Over the yeam many residents have voiced their concerns about children walking to school in the Alma Schrader and Gordonville Road neighborhoods. The Engineering Division designed a sidewalk project for both of these areas. On April 27, 2006 a public meeting was held to discuss the proposed sidewalk additions. Responses from the public meeting showed that while sidewalks in the Alma Schrader Neighborhood would be a welcome addition, there were mixed responses from the residents in the Gordonville Road Neighborhood. As a result of the opposition, this portion of the project was eliminated and a sidewalk on Parkview was added. The work was publicly advertised and three (3) bids for the project were received on June 9, 2006. The Council authorized a contract with Nip Kelley Equipment Company, Inc. on June 19, 2006 for $88,134.00. The project included the construction of 2,042 feet of 4 -inch Portland Cement Concrete sidewalk, with 308.5 feet of 6" curbs, twenty-nine ADA handicap access ramps; repair of selected driveway approaches and installation of drain pipe, seeding and straw placement on Randol Avenue between Allendale Drive and Lynnwood Drive; Masters Drive from the intersection of Brookwood to Randol Avenue; Parkview Drive from Perry Avenue to West End Boulevard; and Dennis Scivally Park. The work was substantially competed in October of 2006 in accordance with the plans, specifications, contract and ordinances adopted by the City Council therefor as modified by Change Orders Numbers 1 and 2 & Final. The original contract time was ninety (90) calendar days for substantial completion and one hundred twenty (120) calendar days for final completion which were October 9, 2006, and November 8, 2006 respectively. The contractor successfully meet this deadline. The original contract amount was$88,134.00. Change Order #1 added four additional ramps along Janet Street, two at Westwood and two at Brookwood. It also added an additional sidewalk path with ramps providing access through Dennis Scivally Park to connect at Brookwood. Change Order #2 brought all quantities up to "As -Constructed" quantities and provided for additional Seed & Straw, Fill, and Flowable Fill for various places. The final construction contract amount is $118,442.55. The adjustments in Change Order #1 through #2 increased the contract by $30,308.55. The Engineer's Final Report for the Alma Schrader and Parkview Sidewalks is attached. Theses improvements were inspected by the City's Engineering Division, were satisfactorily completed and can be accepted into the City's systems. I recommend that the Council, by motion, accept the construction as presented and authorize the final payment to Nip Kelley Equipment Company, Incorporated. Respec fully submitted, Jay T. Stencel, P.E. City Engineer G� Douglas K. Leslie City Manager JTS/DKL/kj Attachment -1 CITY OF CAPE GIRARDEAU OFFICE OF THE CITY HALL CITY ENGINEER 401 INDEPENDENCE (573) 334-9020 January3, 2007 P.O. BOX 617 FAX (573) 651-0860CAPE GIRARDEAU, MO 63702-0617 Engineer's Final Report on Alma Schrader and Parkview Sidewalks To the City Manager Of the City of Cape Girardeau, Missouri Dear Sir: I hereby report that the improvements to the Alma Schrader and Parkview Sidewalks have been completed by Nip Kelley Equipment Company Incorporated. The project included the construction of 2,042 feet of 4 -inch Portland Cement Concrete sidewalk, with 308.5 feet of 6" curbs, twenty-nine ADA handicap access ramps; repair of selected driveway approaches and installation of drain pipe, seeding and straw placement on Randol Avenue between Allendale Drive and Lynnwood Drive; Masters Drive from the intersection of Brookwood to Randol Avenue; Parkview Drive from Perry Avenue to West End Boulevard; and Dennis Scivally Park. The work was substantially competed in October of 2006 in accordance with the plans, specifications, contract and ordinances adopted by the City Council therefor as modified by Change Orders Numbers 1 and 2 & Final. Change Order #1 added four additional ramps along Janet Street, two at Westwood and two at Brookwood. It also added an additional sidewalk path with ramps providing access through Dennis Scivally Park to connect at Brookwood. Change Order #2 brought all quantities up to "As - Constructed" quantities and provided for additional Seed & Straw, Fill, and Flowable Fill for various places. The final construction contract amount is $118,442.55. The original contract amount was $ 88,134.00. The adjustments in Change Order #1 through #2 increased the contract by $ 30,308.55. The original contract time was ninety (90) calendar days for substantial completion and one hundred twenty (120) calendar days for final completion which were October 9, 2006, and November 8, 2006 respectively. The contractor successfully meet this deadline. I have computed the cost of said improvement as follows: No Item Quantity Unit Unit Price Total Price 1. 4" Concrete PCC Sidewalk & Ramp 2,240.9 SY $ 29.00 $ 64,986.10 2. 7" PCC Drive (Remove &Replace) 54.7 SY $ 60.00 $ 3,282.00 3. Existing Sidewalk Removal 78.8 SY $ 10.00 $ 788.00 Engineer's Final Report Alma Schrader and Parkview Schools Sidewalks January 3, 2007 Page 2 of 3 4. Tree Removal (Trunk Diameter 24" or greater) 5. Tree Removal (Trunk Diameter 24" or less) 6. Shrub Relocation 7. Remove and Replace Curb 8. Detectable Panels (2'x2') 9. 8" PVC SDR 35 Drain Pipe 10. 8"x 6" PVC Wyes 11. Water & Gas Valve Cover Adjustment 12. Seed & Straw (Schrader) 13. Traffic Control (Schader) 14. Seed & Straw (Parkview) 15. Traffic Control (Parkview) Change Order No. 1 added: 16. New Shrubs 17. 6" Concrete Ramp 18. Inlet Repair Change Order No. 2 & Final added: 19. Scivally Seed & Straw 20. Additional Fill (Scivally) 21. Flowable Fill 0 EA $ 900.00 $ 0.00 2 EA $ 600.00 $ 1,200.00 0 EA $ 500.00 $ 0.00 629.3 LF $ 28.80 $ 18,123.84 58 EA $ 190.00 $ 11,020.00 73 LF $ 12.00 $ 876.00 2 EA $ 90.00 $ 180.00 6 EA $ 150.00 $ 900.00 1 LS $ 1,000.00 $ 1,000.00 1 LS $ 750.00 $ 750.00 1 LS $ 1,000.00 $ 1,000.00 1 LS $ 750.00 $ 750.00 2 EA $ 250.00 $ 500.00 236.2 SY $ 43.50 $ 10,274.70 1 EA $ 450.61 $ 450.61 TOTAL CONSTRUCTION CONTRACT ITEMS LESS PREVIOUS PAYMENTS AMOUNT DUE THE CONTRACTOR 1 LS $ 400.00 $ 400.00 1 LS $ 1,858.37 $ 1,858.37 1 LS $ 102.93 $ 102.93 NM = $ 19,651.66 $ 118,442.55 V Engineer's Final Report Alma Schrader and Parkview Schools Sidewalks January 3, 2007 Page 3 of 3 PROPERTY ACQUISITION COSTS DESIGN ENGINEERING COSTS CONSTRUCTION ENGINEERING/INSPECTION COSTS OTHER COSTS TOTAL PROJECT COSTS $ 0.00 $ 17,168.76 $ 13,953.04 $ 4,458.74 $ 154,023.09 Over the years,many residents have voiced their concerns about children walking to school in the Alma Schrader and Gordonville Road neighborhoods. The Engineering Division designed a sidewalk project for both of these areas. On April 27, 2006 a public meeting was held to discuss the proposed sidewalk additions. Responses from the public meeting showed that while sidewalks in the Alma Schrader Neighborhood would be a welcome addition, there were mixed responses from the residents in the Gordonville Road Neighborhood. As a result of the opposition, this portion of the project was eliminated and a sidewalk on Parkview was added. Sincerely, Jay T. Stencel, P. E. City Engineer JTS/kj Attachments -2 Alma Schrader & Parkview Sidewalks Project Reference Code 184-7025-7311-1050104 Purchase Order No. P010355 Alma Schrader and Parkview Sidewalks �j Alma Schrader School area Parkview School area CITY OF CAPE GIRARDEAU, MISSOURI f� Office of the City Manager Council Letter No. 16 Agenda January 8, 2007 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Motion Approving the Preliminary Plat for Deevers Farm Phase II This agenda item provides for consideration of the preliminary plat of Deevers Farm Phase II. This 13 -lot subdivision is located on Missouri State Highway 177 (Big Bend Road), north of Lexington Avenue. This is a residential single-family subdivision by Cape Custom Homes, LLC. This preliminary plat was approved by the Planning and Zoning Commission at their meeting on December 13, 2006, by a vote of 10 in favor and none in opposition. There was no pubic comment regarding this request. It is recommended that the City Council approve the preliminary plat for Deevers Farm Phase II by motion. Res ectfally tt , qlrtrton City Planner a44e a - Douglas K. Leslie City Manager C v: U 0 � :c $ Woodrock Dr 3 O Sena Fawn Dr c J g v :� �O ✓" O rmon n. m' co G _ n 70 m m7 Brucher St y LrF-- Caqe = 0-k r M by Dr �, c a ' � J m a y Flint Hill rTT.. riling St_ <n O . , ry grid St ee Dunk Rose S a o t Ch, c) a eY Dr Normal Av A ? Alumni Mra 1,J q.. � 65 m _ v Oliv St tie Place m, on t ala 65 pea : St m pe rl t ac O� � ill Act Oak Ln scen%C dew' n Cedar 'Its N a Katie 5 Oid Route v Co y wm Vn O � Um . ;A \ o I H •aF/�' �j a:#Ft i•P,:3jfS C; ii Ids Ea z ��C t�f� ��•=Fk1�;:iir Fwf O i $F I�S3$i{ t rT EI= Fl#5 e C2 $ Baia {a'{tt i �Y#3• 01 tvtM a� a ! P CCC @a t95�aC �tyii F {�{ YYaiilii�it�ti�iE`i�{iyef�SiiFyy�3� 9 ge gig3jj��t�$�l!�.a�a��/!��l��l3�$ga d@ �Gjjl!F44$. ......B}I�6B.. . . ..... E[�Y...... �! •®el �'��tB: Jfl. esj���� F9 'll��ell�tu�l •eaji G i11 e a i s a $11 1 p.ic ° 6qA 9 pp 3 l�`:i@a? l t 6g a" 3a 9ee ya@ C p 5 { 43t CE 6 i$€g4 4 E 6 CITY OF CAPE GIRARDEAU SUBDIVISION APPLICATION Project Name: Deevers Farm — Phase 2 Index #_ Project Location: East of the Intersection of Lexington Avenue and Big Bend This_ appligation is for: x Single-family residential ❑ Multi -family x Non-residential vv_Prel.'iim'inary Subdivision Plat &-Record Plat (of an approved preliminary plat) ❑ Record Plat (for sectionalized development of an approved preliminary plat) ❑ Record Plat (for minor subdivision) RECORD PLAT SUBDIVISION REVIEW FEE (to be submitted with application) One and Two Family Residential Multi Family Residential Commercial/Industrial $18.00 per lot $18.00 per dwelling unit $18.00 per acre $90.00 minimum $90.00 minimum $90.00 minimum NOTE: (a) The filing deadline is 3 weeks before the Planning & Zoning Commission meeting held the 2nd Wednesday of each month (except holidays that are observed by the City). (b) The deadline for submittal of revisions necessary to meet State law and City ordinances, or desired by the developer is 1 week before the Planning & Zoning Commission meeting. (c) Any subdivision plat that requires corrections or for which required review fees have not been paid shall not be presented to the City Council for approval. APPLICANT (main contact): Name: Mr. Mike Jones Firm: Cape Custom Homes, L.L.C. Address: P.O. Box 1875 Cape Girardeau, MO 63701 Phone: 334-8237 Fax: E-mail: PROFESSIONAL SURVEYOR/ENGINEER: Name: Chris Koehler. P.E.. P.L.S. Firm: Koehler Engineering and Land Surveying Address: 194 Coker Lane Cape Girardeau, MO 63701 Phone: (573) 335-3026 Fax: (573)335-3049 E-mail: ckoehler@koehlerengineering.com OWNER (If Different): Name: Firm: Address: Phone: E-mail: DEVELOPER Name: Mr. Mike Jones Firm: Cape Custom Homes. L.L.C. Address: P.O. Box 1875 Cape Girardeau, MO 63701 Phone: 334-8237 Fax: E-mail: 1, the undersigned, do hereby state that I have read and fully understand the provisions of this application and further, by my signature, I hereby agree to maintain compliance with the City of Cape Girardeau Subdivision Regulations and State statutes applicable to the subdivision of land and, that it is my responsibility to make certain that all deadlines are met so that formal action by the City Council is not unnecessarily delayed. Signature of Applicant: , O P T0- Engineering Inspection Sere des Subdivision File �;s-.rmir„sr'srs?�-:r 8�x .s:..,... .s .. ,� .+,:s:.fi�r.�rrarsa�remem. �.<a>, .�.� r..r,:,.;.,,®ma�siw:ri.►.�-roivrar:r.�+-.�:r:�>srr,'miessaie>m`s;,�'ris>:.r-. ssmrr�.vra�-;�s�r'.avr�v.�.�itav:.e��.marram.a✓ CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 17 Agenda January 08, 2007 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Motion to Reject the Bids for the 2006 Sidewalk Gap Program On December 12, 2006, bids were received for the 2006 Sidewalk Gap Program which will consist of construction of concrete sidewalks, repair of selected concrete driveway approaches, installation of ADA sidewalk ramps, and all other things necessary to complete the project on the following areas: Themis Street between East Rodney Drive and Mount Auburn Road; Hawthorne Avenue between East Rodney Drive and Semo District Fair Drive; Forest Hills Subdivision; and Cape Rock Drive between Lexington Avenue and Perryville Road. Four (4) bids were received. The bids ranged from the low of $223,004.12 to the high of $344,241.76. After reviewing the bids, it was found that there were errors in the specifications. The Engineering Division is currently revising the specifications. We recommend that the Council, by motion, reject these bids and that the Engineering Division continues to revise the specifications for the project and re -bid at a later date. Respectfully submitted, 4 Jay T. Stencel, P. E. City En 'neer / Dou as K. Leslie City Manager JTS/DKL/ka Attachment -1 _ I - - r � f CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 18 Agenda January 08, 2007 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Motion Approving Improvement Plans for Sanitary Sewer Extension to Serve Golden Eagle Subdivision, Lot 10, Sewer District 14-1-F-1 Dear Mayor and Council Members: Improvement Plans have been submitted for the construction of an 8" sanitary sewer extension to serve Golden Eagle Subdivision in Sewer District 14-1-F-1. The project will be constructed by private contract, with city inspection, to insure that the construction conforms to city standards. It is recommended that the Council approve by motion the improvement plans for the above fl� described sanitary sewer extension. Respectfully submitted, Jay Stencel, P.E. City Engineer Douglas K. Leslie City Manager JS/DK1Aa 0 4 14 CITY OF CAPE GIRARDEAU Office of the City Manager Council Memorandum No. 07-1 Agenda January 8, 2007 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Tree Board Dear Mayor and Council Members: One term on the Tree Board is set to expire February 1, 2007. This term is presently held by Mr. John Layton. Mr. Layton has expressed interest in being reappointed to the Board, and his advisory board summary sheet is attached for your review along with a copy of the roster for the Board. The Tree Board consists of the Public Works Director, Parks and Recreation Director, one member of the Parks and Recreation Advisory Board, and two residents of Cape Girardeau selected by the City Council. Michael Hopen has expressed interest in serving on this Board, and his advisory board summary sheet is attached Unless directed otherwise, one appointment to the Tree Board for a term expiring February 1, 2010, will appear on your next agenda for consideration. If you need any additional information, please do not hesitate to contact us. Respectfully submitted, Gayle L. Conrad City Clerk �g , a Douglas K. Leslie City Manager CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees December 18, 2006 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive terms effective with terms commencing January 8, 1996. Tree Board Date Appointed Date Reappointed Term Expires John Layton January 19, 1999 January 22, 2001 February 1, 2007 Rocky Hayes, Parks & Rec Brd December, 1999 April 14, 2002, 4/05 February 1, 2008 Thomas Harold January 19, 1999 1/18/00; 1/21/03; 1/23/06 February 1, 2009 Tim Gramling, Public Works Dir Dan Muser, Parks & Rec Dir Serve three year terms, appointed by City Council. Meetings held second Monday, bi-monthy beginning in February, at noon at the Osage Community Centre. Study, investigate, counsel and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of public trees in parks, along streets and in other public places. Upon request by City Council, shall consider, investigate, make findings, report and recommend upon any special matter of question coming within the scope of its work. Staff contact — Parks and Recreation Director. n Ir d N d Moll Mill Mill Mill Fill L d L *' 4f co N co O �Idldld MIMI r M CL d Mill IN I a .1 ��lal�la VIII �OOG M111 0,M-. 10-10-10- Mill Y C O L N •- m Y C O ft CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY ame —3 c4ArJt..Ay , �, Telephone: Day '�M4- - 80 3 G Home Address S '--i A.�, w o 0 Q, C�. Evening Year Current Residence in Cape Girardeau Began `�-7a Current Employer and Position Previous Employers and Positions �t-t �J 1. _,may -r est Ste` E�-t•;-o �,N �y In which Board(s) are you interested? 11 �raa Special Qualifications for specific board(s) (include past board service) O"G6F'41)(F 7,EG 2APMPM 2 - A 1 S ►e 52tc PQQSAmtb,r%,=o ,ducational Background U �A kc. , S , A.D•�N�.0 Community Activities (Include offices held and committee service) L•Nr AMBIS�. OF � �� ��cAh-S'\ 1"r � (/�"r� a� �^ 'y M w�� � 1Z E lat�1MF�� ,�.�J �. �..c�MMu � l� �►?31� �afa2s� Meeting time(s) convenient for you: (Please che4 one in A and one in B) A. Weekly Monthly Anytime B. Morning Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Date 11l 17 1998 ** Board Member Summk Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI Name N,, BOARD MEMBER SUMMARY Telephone: Day�°� ft,<l �,l Home Addressc 0C��P Evening ��- .�(-,-Z E-mail AddressYear Current Residence in Cape Girardeau Began Current Employer and Position Sel-F - Previous Employers and Positions �,Q %fir In which Board(s) are you interested? -VA9,V$ AXJ:�) Pf5d ,PAO--7oO o e. Special Qualifications for specific board(s) (include past board service) (775y't7/j:::� �pU Q - Y.�' ;o s Educational Back ound Communitv Activities (Include offices held and committee service) dp1iSU( -4 © 77(1E m l/i Iul�� e` l�lRe(�SY Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime /;—' B. Morning Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelvesecutive months, will result in your position being automatically forfeited on the boar ommissiow 1/l d e / -/ !la�ktu// ** Board Member St"ary Sheets are valid for one year from the date that they are signed Return to the City N Unager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. Proceedings of the City Council, City of Cape Girardeau, Mo. Reunlar Session- December 18, 2006 FF -217 REGULAR SESSION —DECEMBER 18, 2006 The Cape Girardeau City Council convened in regular session on Monday, December 18, 2006, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Charlie Herbst, Matthew Hopkins, Marcia Ritter, Loretta Schneider, Debra Tracy and John Voss present. Rev. Barry Pfanstiel of Good Shepherd Lutheran Church presented the invocation, and the Pledge of Allegiance was led by the Boy Scout Troop 21 of St. Andrew Lutheran Church. Prior to the regular session, the City Council convened in closed session for purposes of discussing litigation, confidential communications with the City Attorney, and leasing, purchase or sale of real estate pursuant to RSMo. Sections 610.021(1) and (2) upon Mrs. Tracy's motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. The Town Crier, Mr. Darryl Morgan, made a Town Cry proclamation calling the year of the Bicentennial to an end. Mayor Knudtson presented Mr. Morgan with a plaque thanking him forhis service as the Town Crier for the Bicentennial Year of Cape Girardeau. Mayor Knudtson also presented Mr. George Dordoni with a plaque thanking him for his service representing Don Louis Lorimier for the Bicentennial of Cape Girardeau. The minutes of the December 4, 2006, regular and closed sessions were approved upon Mrs. Tracyls motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Ms. Ritter made a motion, seconded by Mrs. Tracy, to adopt the agenda as distributed. The motion was approved upon on the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-263 was presented as follows: A RESOLUTION RE-ESTABLISHING THE COMMISSION OF A TOWN CRIER FOR THE CITY OF CAPE GIRARDEAU AND RE -ADOPTING GUIDELINES AND REGULATIONS NECESSARY TO FULFILL THE POSITION The reading of BILL NO. 06-263 was approved and the resolution adopted upon W. Voss' motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-263 is RESOLUTION NO. 2226. Mr. Darryl Morgan was appointed to the position of Town Crier for the calendar year 2007 upon Mr. Voss' motion, Mrs. Tracy's motion, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Upon questioning by Mrs. Tracy, Mr. Morgan explained that there is not a separate category for a. junior town crier, and there is not an age limit to be a crier. Proceedings of the City Council, City of Cape Girardeau, -Mo. Regular Session }8 2%. COUNCIL COMMUNICATIONS al Mrs. Schneider thanked the Planning Services staff for developing the Town Crier project for the Bicentennial Commission. Mrs. Tracy thanked Public Information Manager Tracey Glenn for coordinating the calendar for the Bicentennial Year. Ms. Ritter presented an update on the comp plan process. Stakeholders in the community, including the City Council and Planning and Zoning Commission, are meeting to develop ideas for the future of the city on December 20 at 4:00 p.m. There are also four focus group meetings on December 19'h and December 200'. The four meetings are: (1) Business Community Focus Group, December 200' at 7:00 a.m. at the Osage Community Centre; (2) Educational and Youth Community Focus Group, December 190' at 5:00 p.m. at the Osage Community Centre; (3) General Community Focus Group, December 19'h at noon at the Osage Community Centre; and (4) Development Community Focus Group, December 19'b at 7:00 p.m., at the Osage Community Centre. Mayor Knudtson announced that the Inspection Services staff will be hosting building code seminars along with five other communities in February and March. CITY. MANAGER COMMUNICATIONS Airport Manager Bruce Loy stated that he attended the Annual International Conference of Air Shows last week to discuss the Cape air show and to make contacts for new acts for next year's show. At the conference, the City received four marketing awards in the Small Air Show category, including a fitst place for sponsorship pack, second place for newspaper ads, second place for website design, and third place for radio advertisement. The 2007 Air Festival is scheduled for July 6'h and 7b, with the Red Baron team as the leading act and the U.S. Army Golden Nights, along with others, attending. APPEARANCES Mr.- Felix Kinsley appeared to say he will be attending all future City Council meetings, but he will maintain his interest in the SEMO University Student Government. CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 06-250 AN ORDINANCE ADOPTING A NEW CHAPTER 31 OF THE CITY CODE RELATING TO BOATING AND DOCKING REGULATIONS BILL NO. 06-251 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO THE GWENDA L. BENNETT REVOCABLE TRUST FOR PURPOSES OF CONSTRUCTING, MAINTAINING, AND OPERATING AN ELEVATOR ADDITION AT 1200 NORTH CAPE ROCK DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. _ Regular ..Session BILL NO. 06-252 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CA- PE—GIRARDEAU SCHOOL DISTRICT NO. 63 FOR PURPOSES OF CONSTRUCTING, MAINTAINING, AND OPERATING AN EXPANSION OF THE CAREER AND TECHNOLOGY CENTER AT 1080 SOUTH SILVER SPRINGS ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 06-253, AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO THE JOHN H. AND SHIRLEY G. FERGUSON REVOCABLE TRUST FOR PURPOSES OF CONSTRUCTING AND MAINTAINING A STORAGE GARAGE AT 22 SOUTH ELLIS STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO.06-255 AN ORDINANCE VACATING THE CITY'S INTEREST IN A PORTION OF RIGHT-OF-WAY ON OLD SILVER SPRINGS ROAD AND RETAINING A UTILITY EASEMENT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 06-256 AN ORDINANCE AMENDING CHAPTER 22 OF THE CITY CODE RELATING TO DISPOSAL OF WASTE FEES Mr. Herbst made a motion, seconded by Mr. Voss, to approve the second and third readings of BILL NOs. 06-250, 06-251, 06-252, 06-253, 06-255 and 06-256 and to adopt the ordinances. The motion .was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy. and Voss. Nays, none. BILL NO. 06-250 is ORDINANCE NO. 3768; BILL NO. 06-251 is ORDINANCE NO. 3769; BILL NO. 06-252 is ORDINANCE NO. 3770; BILL NO. 06-253 is ORDINANCE NO. 3771; BILL NO. 06-255 is ORDINANCE NO. 3772; BILL NO. 06-256 is ORDINANCE NO. 3773. NEW ORDINANCES BILL NO. 06-258 was given first reading as follows: AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS, PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE IMPROVEMENT OF BROADWAY BETWEEN PERRY AVENUE AND HOUCK PLACE AND THE BROADWAY/CLARK INTERSECTION Mrs. Tracy made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 06-258. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-259 was given first reading as follows: AN ORDINANCE DECLARING IT NECESSARY TO EXTEND CITY WATER SERVICES TO WHITE OAKS SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Ms. Ritter made a motion, seconded by Mrs. Tracy, to approve the first reading of BILL NO. 06- 259. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session—Deeembe}g, 2—FF 220 BILL NO. 06-261 was given first reading as follows: AN ORDINANCE ACCEPTING ACCESS AND UTILITY EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR IMPROVEMENTS TO WHISPERING OAKS SUBDIVISION, FOR THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Schneider made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 06-261. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-262 was given first reading as follow: AN ORDINANCE, ACCEPTING A PERMANENT SEWER, UTILITY AND ACCESS EASEMENT FROM WOODCREEK PROPERTIES, L.L.C., FOR IMPROVEMENTS TO ORCHARD PARK SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 06-262. The motion was approved as amended upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. RESOLUTIONS BILL NO. 06-260 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FRONABARGER CONCRETERS, INC., FOR THE BROADWAY PHASE II IMPROVEMENTS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 06-260 was approved and the resolution adopted upon Mrs. Tracy's motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mr. Hopkins abstained for financial reasons due to his business relationship with .the contractor. City Manager Doug Leslie reviewed the project improvements from West End Boulevard to Perry, and also the improvements to the Clark and Broadway ,intersection. City Engineer Jay Stencel explained that closing Broadway from West End to Perry will save over $100,000 in project costs and will be safer for the workers involved. BILL NO. 06- 260 is RESOLUTION NO. 2227. BILL NO. 06-264 was presented as follows: A RESOLUTION APPROVING A PROJECT OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF CAPE GIRARDEAU, MISSOURI, LOCATED IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 06-264 was approved and the resolution adopted upon Mr. Herbst's motion, Mrs. Schneider's second and the following vote: Ayes, Herbst, Ritter, Schneider, Tracy and Voss. Nays, none. Mr. Hopkins abstained for financial reasons due to the business relationship of the hospital with the company for which he works. Mayor Knudtson abstained for financial reasons because he is a trustee of the Southeast Missouri Hospital Board. Mr. Leslie explained the purpose of the project and the need for Council approval. BILL NO. 06-264 is RESOLUTION NO. 2228. Proceedings of the City Council, City of Cape Girardeau, Mo. RPanlar Session BILL NO. 06-265 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ANTHEM BLUE CROSS FOR EMPLOYEE HEALTH INSURANCE SERVICES, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO.. 06-265 was approved and the resolution adopted upon Mrs. Tracy's motion; Mr. Herbst's second and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson explained that the Council had an extensive discussion in the study session on health insurance costs. Mr. Leslie continued that this will be a considerable cost increase to the city and employees, but it is the most cost effective alternative available for the employees. This new plan includes several changes in benefits, and staff has already met with the employees to explain these changes. The City's Insurance Team will be. looking into other possible options during the coming year. BILL NO. 06-265 is RESOLUTION NO. 2229. BILL NO. 06-266 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DELTA DENTAL FOR EMPLOYEE DENTAL INSURANCE SERVICES, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 06-266 was approved and the resolution adopted upon Mrs. Schneider's motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson,, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-266 is RESOLUTION NO. 2230. APPOINTMENTS . Mr. Hopkins made a motion, seconded by Mr. Voss, to reappoint Thomas Pujol and Teresa Wildman and to appoint Paul Nenninger and Jerry Swatzell to the Vision 2020 Community Relations Council for terms expiring December 31, 2009. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. LIQUOR LICENSE Mr. Hopkins made a motion, seconded by Mr. Voss, to approve a retail liquor by the drink and Sunday sales liquor license for Vaughn X. Prost, d/b/a Marquette Restaurant, 338 Broadway, Vaughn X. Prost, Managing Officer. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. There being no further business, the City Council convened to closed session for purposes of discussing litigation, confidential communications with the City Attorney, and leasing, purchase or sale of real estate pursuant to RSMo. Sections 610.021(1) and (2) upon Mr. Hopkins' motion, Mr. Voss' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Jay B. Knudtson, Mayor Gayle L. Conrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session X22 DRAFT THIS PAGE INTENTIONALLY LEFT BLANK. I "1 BOARD OF ADJUSTMENT MINUTES CITY OF CAPE GIRARDEAU P. O. Box 617 Cape Girardeau, MO 63702-0617 October 5, 2006 To the Honorable Mayor and Council of the City of Cape Girardeau, Missouri Ladies and Gentlemen: The Board of Adjustment met on Thursday, October 5, 2006 with regular members Dan Little, Mark Buerck, William Whitlock, George Peo, and Larry Caldwell present. Vice Chairman Dan Little called the meeting to order at 7:00 P.M. The minutes of the August 3, 2006 meeting was approved up motion by Mark Buerk, seconded by George Peo, and a unanimous voice vote. Vice Chairman Little stated the first hearing on the agenda was the request of Manzur Mazumder to vary the fencing regulations to construct a 6 foot privacy fence in the secondary front yard at 960 West Rodney Drive. Natosha Primer, Inspection Services, presented for the record a certified copy of the application to be considered and all attachments. Manzur Mazumder, property owner, and Bob Bohnsack, contractor, appeared before the Board. Mr. Bohnsack stated that his client would like to have a fence constructed around his property to provide privacy for an existing deck that is located in the side yard. He also stated that the existing approach at the intersection of Rodney Drive and Hopper Road is already difficult for motorist to see oncoming traffic and the fence would not make the matter worse. Dan Little asked why the proposed fence was shown to be surrounding the entire lot instead of just the deck. Mr. Mazumder explained he wanted the fence to be around the entire yard in order to serve as a safety barrier to his small children when they are playing in the yard. George Peo explained to Mr. Bohnsack and Mr. Mazumder that after a seeing the lot where the proposed fence is to be constructed, he concluded that if the 6 foot fence was constructed with a 20 foot setback, it would only provide screening of 3 foot in height, which wouldn't provide safety for the children. Mr. Little added that the fencing ordinance allows a 3 foot fence to be constructed. Mr. Bohnsack stated that he agreed that the fence would only provide screening of 3 feet from the sidewalk, but he stated that passing motorist wouldn't be able to see the deck from the street. 1 BOARD OF ADJUSTMENT MINUTES October 5, 2006 Page 2 Larry Caldwell made a motion to approve the variance, which was seconded by Mark Buerck. The motion was denied upon the following vote: Dan Little (R) Naye Buerck (R) Aye Whitlock (R) Naye Peo (R) Naye Caldwell (A) Aye Mark Buerck made a motion to adopt the findings of fact and conclusions, which was seconded by Larry Caldwell. The motion was approved upon the following vote: Dan Little (R) Aye Buerck (R) Aye Whitlock (R) Aye Peo (R) Aye Caldwell (A) Aye Vice Chairman Little stated the next hearing on the agenda was the request of Affordable Care, Inc. to vary the setback requirements to construct an addition closer than 25 feet from the property line in the rear yard at 2439 Bloomfield Road. Natosha Primer, Inspection Services, presented for the record a certified copy of the application to be considered and all attachments. Ron Grojean, Architect, appeared before the Board. Mr. Grojean stated that his client, Affordable Care has decided to construct an addition to their existing building in order to accommodate the growth of their business. The addition would include (4) operation rooms and an expansion of the existing waiting room. Mr. Grojean stated that the lot is of an unusual shape and the addition of the operation rooms will encroach 7 feet past the setback line on the west of the property. Affordable Care, has contacted the owners of the adjoining lots and has received no objections to the proposed project. Mr. Grojean stated that he understood that the lot in question is on a corner lot, that would mean that the lot would have (2) front yards that would require 25 ft setbacks on (2) sides of the lot. In addition to this issue, there are utility easements occupying another side of the lot. BOARD OF ADJUSTMENT MINUTES October 5, 2006 Page 3 Mark Buerck made a motion to approve the variance, which was seconded by Larry Caldwell. The motion was denied upon the following vote: Dan Little (R) Aye Buerck (R) Aye Whitlock (R) Aye Peo (R) Aye Caldwell (A) Aye Mark Buerck made a motion to adopt the findings of fact and conclusions, which was seconded by Larry Caldwell. The motion was approved upon the following vote: Dan Little (R) Aye Buerck (R) Aye Whitlock (R) Aye Peo (R) Aye Caldwell (A) Aye Mr. Peo moved, and Mr. Buerck seconded, to adjourn. The motion carried by voice vote. Respectfully submitted, f ,-- -V�� Mark Buerck Secretary Present: Little, Buerck, Whitlock, Peo: Alternate- Caldwell Absent: Irvin: Alternates- Hart, Hinton BOARD OF ADJUSTMENT MINUTES CITY OF CAPE GIRARDEAU P. O. Box 617 Cape Girardeau, MO 63702-061 December 8, 2006 To the Honorable Mayor and Council of the City of Cape Girardeau, Missouri Ladies and Gentlemen: The Board of Adjustment met on Thursday, December 7, 2006 with regular members Ivan Irvin, Dan Little, Mark Buerck, William Whitlock, George Peo, and Edward Hart present. Chairman Ivan Irvin called the meeting to order at 7:00 P.M. The minutes of the October 5, 2006 meeting was approved up motion by George Peo, seconded by Edward Hart, and a unanimous voice vote. Vice Chairman Little stated the first hearing on the agenda was the request of David Knight to vary the front and rear yard setback requirements to construct a storage building at 406 N. Main Street. Natosha Pearson, Inspection Services, presented for the record a certified copy of the application to be considered and all attachments. Pamela Davidson, Keystone Design Architects, appeared before the Board. Mrs. Davidson stated that David Knight, owner of Ole Hickory Pits, is currently using his vacant lot to store his hickory pits prior to shipping them out to customers. Since the product is sitting out in the open, it is often exposed to the rain and other inclinations of the weather. Mrs. Davidson told the Board that Mr. Knight would like to construct a storage building large enough to house his product and also allow his trucks to be able to be driven inside to move the product around. A storage building of this size would extend past the 25 foot setbacks of the proposed lot, but would be in alignment with the other building in front. A railroad and floodwall are at the rear of the lot, which will not allow any other construction to be done in that area. Chairman Irvin asked if the Inspection Services Department had any comments about the proposed project. Tim Morgan, Inspection Services Director, stated that he informed the Planning Services and Engineering Departments about this and received no objections from either department. BOARD OF ADJUSTMENT MINUTES December 7, 2006 Page 2 Mark Buerck made a motion to approve the variance, which was seconded by Dan Little. The motion was approved upon the following vote: Irvin (R) Aye Little (R) Aye Buerck (R) Aye Whitlock (R) Aye Peo (R) Aye Hart (A) Aye Mark Buerck made a motion to adopt the findings of fact and conclusions, which was seconded by George Peo. The motion was approved upon the following vote: Irvin (R) Aye Little (R) Aye Buerck (R) Aye Whitlock (R) Aye Peo (R) Aye Hart (A) Aye Mr. Peo moved, and Mr. Buerck seconded, to adjourn. The motion carried by voice vote. Respectfully submitted, Mark Buerck Secretary Present: Irvin, Little, Buerck, Whitlock, Peo: Alternate- Hart Absent: Alternates- Hinton, Caldwell December 14, 2006 DRAFT Honorable Mayor and Council Of the City of Cape Girardeau, Missouri Gentlemen and Ladies: The Planning and Zoning Commission met Wednesday, December 13, 2006. By majority vote, actual vote counted and in the file, we act and/or recommend as follows: That the request of James and Keisha McReynolds for a Special Use Permit to operate a daycare at 1540 Independence Street, located in a R-2, Single Family Residential District, be recommended for approval. The applicants, James and Keisha McReynolds, presented the application. No citizens appeared regarding the request. The vote on the motion to approve the request was 10 in favor and none in opposition. 2. That the request of Rhema Word Breakthrough International Ministries for a Special Use Permit to operate a daycare and preschool at an existing church at 750 Mount Auburn Road, located in a R-1, Single -Family Residential District, be recommended for approval. Pastor Anthony Green, representing the applicant, presented the application. One citizen in opposition appeared regarding the request. The vote on the motion to approve the request was 10 in favor'and none in opposition. That the request of Ervin Dean Smith to rezone a 1.022 -acre site at 2423 Kiwanis Drive from C-2, General Commercial and M-2, Heavy Industrial to R-1, Single Family Residential District, in order to refinance a home loan, be recommended for approval. The applicant, Ervin Dean Smith, presented the application. No citizens appeared regarding the request. The vote on the motion to approve the request was 10 in favor and none in opposition. 4. That the preliminary plat for Deevers Farm Phase II be recommended for conditional approval. The vote on the motion to conditionally approve the plat was 10 in favor and none in opposition. That the record plat for Heritage Meadows Subdivision be recommended for conditional approval. The vote on the motion tc conditionally approve the plat was 10 in favor and none in opposition. Presentations Ms. Betty Martin, Director of the Cape Girardeau Municipal Library gave a presentation on the library renovation/expansion project tax proposal that will be on the ballot on February 6, 2007. She explained that the $8.8 million project will require a property tax increase of 15 cents for 20 years, with two cents -of the tax continuing after that for operations and maintenance. Mr. Tim Arbeiter, Community Development Director with the Chamber of Commerce, gave the Commission an update on the status of the DREAM Initiative for the downtown area. Steve Hoffman and Marla Mills (Old Town Cape) and Heather Brooks (City) also participated in the discussion. The next step will be the state presenting a scope of services for the City's consideration, probably in January. Respectfully submitted, Ralph C. Maxton Secretary Present: Smallwood, McClanahan, Maxton, Bertrand, Buhs, Haubold, Hinckley, Rediger, Rhodes, Swan Absent: Willsey November 9, 2006 Honorable Mayor and Council Of the City of Cape Girardeau, Missouri Gentlemen and Ladies: The Planning and Zoning Commission met Wednesday, November 8, 2006. By majority vote, actual vote counted and in the file, we act and/or recommend as follows: That the request of John and Shirley Ferguson Revocable Trust for a Special Use Permit to construct a storage garage at 22 South Ellis Street, located in an R-4, Multi -Family Residential District, be recommended for approval, with the condition that the trees along the property line remain, the building be completely enclosed and meet all building codes, that all materials and vehicles be stored inside the building, and that the storage be for personal use only and not for any commercial enterprise. Steve Southard, representing the applicant, presented the application. Two citizens appeared regarding the request. The vote on the motion to approve the request with conditions was 8 in favor and none in opposition. 2. That the request of Cape Girardeau School District # 63 for a Special Use Permit to construct an expansion of the Career and Technology Center at 1080 South Silver Springs Road, located in an R-1, Single - Family Residential District, be recommended for approval. Rich Payne, representing the applicant, presented the application. No citizens appeared regarding the request. The vote on the motion to approve the request was 7 in favor and none in opposition, with 1 abstention. The request of Michael W. Bennett for a Special Use Permit to construct an elevator addition on his dentist's office at 1200 North Cape Rock Drive, located in an R-1, Single -Family Residential District, be recommended for approval. Tom Holshouser, representing the applicant, presented the application. No citizens appeared regarding the request. The vote on the motion to approve the request was 7 in favor and none in opposition, with 1 abstention. Respectfully submitted, Ralph C. Maxton Secretary Present: Smallwood, McClanahan, Maxton, Buhs, Haubold, Hinckley, Rhodes, Swan Absent:. Rediger, Willsey